During the Spring Festival, the tradition has not been inherited, the customs are gradually dying out, the Spring Festival Gala is completely unwatchable, the so-called festive atmosphere, only the most expensive fireworks, light shows, drone shows are all over the world, which are short-lived and can only stimulate you for a few seconds.
As a movie lover, I look forward to multiculturalism and never refuse to come to a variety of subjects.
There doesn't seem to be a foreign film arranged for the Spring Festival movies, domestic films are closed to collect money, ticket prices are often hundreds, and the knife is still very fast.
I watched "Let's Shake the Sun Together" and "Article 20".
Let's Shake the Sun Together" is a typical funeral, two seriously ill patients (one uremia, one brain tumor) get married in order to obtain organ transplant qualifications, this story not only denigrates China's such a "perfect" medical insurance system, but also tramples on the holy marriage system.
In view of the serious problems in the value orientation of the film, it is suspected of sending bullets to the enemy, and it is recommended to remove it from the shelves as soon as possible.
Article 20, produced by the Film and Television Center of the Supreme People's Procuratorate, uses three cases of justifiable defense (two criminal cases and one administrative case) to bring the justifiable defense clause of Article 20 of the Criminal Law to the big screen, so that more people can understand justifiable defense in a comedic interpretation.
Some legal celebrities said that "Article 20" was very exciting, and I was curious, and after watching it, I was deeply worried about the quality of my country's legal films.
1.The title of the film is "out of tune" with the storyline
Article 20, as the name suggests, refers to Article 20 of the Criminal Law, that is, the article on the justifiable defense system. The film tells three stories, so these three stories should all be related to Article 20 of the Criminal Law.
However, the "Zhang Ke School Bullying Case" in the film was disposed of only by administrative investigation, and did not enter the criminal procedure at all.
Is it possible to defend a public order case? Can the justifiable defense system be applied? The answer is no!
First of all, it is impossible to apply the Criminal Law in public security cases, and of course it has nothing to do with Article 20.
Second, the Law on Administrative Penalties for Public Security does not establish a justifiable defense system and related provisions.
Third, the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security's "Guiding Opinions on the Lawfully Applicable of the Justified Defense System" make it clear that these Opinions are formulated on the basis of the relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, and in consideration of actual work conditions, so as to lawfully and accurately apply the justifiable defense system.
Therefore, it is only in criminal cases that you have the space to apply the system of justifiable self-defense. If you engage in the theory of justifiable defense in public order cases, or even go so far as to kill people on a large scale, you will suffer a great loss.
As a result, there are only two criminal cases involved in the film, and only these two stories are related to the theme.
2.The way school bullying incidents are handled is extremely wrong
Zhang Ke's School Bullying Case", the film adopts a treatment method that does not matter what is indiscriminate, regardless of the facts, and "and the mud". The director's philosophy has obviously not been updated.
In recent years, as student bullying on the Internet has become more and more brutal and increasing, various departments have attached great importance to campus bullying incidents.
For Zhang Ke's bullying behavior, the correct way to deal with it is: after the occurrence of a campus bullying incident, students, teachers, and parents should immediately report to the police, and the ** case will be filed for investigation, and on the basis of collecting and fixing evidence and ascertaining relevant facts, it will be dealt with by classification. Where public security penalties are met, the public security organs are to impose administrative punishments. After the court files the case, the parties may apply to the court to collect evidence fixed by the public security organs, and then the court will make a judgment in accordance with law on the basis of the evidence and facts.
The video misleads students and parents, and also erases the efforts and efforts of many departments of the public security organs and courts in combating school bullying.
3.Raise yourself, belittle, discredit
Wang Yongqiang stabbed the village tyrant to death with scissors 26 times, was there a knife in the village tyrant's car at the time of the crime? Is Wang Yongqiang defending himself because he is afraid that the village tyrant will go to get a knife?
The knife has become the key to the characterization of the case.
Prosecutor Lu Lingling asked the public security to investigate the knife, but the public security did not investigate! The meaning of this film is: The reason why the case is wrongly characterized is that the public security investigation is ineffective and lazy!
I think that this kind of movie with the main theme should avoid "exalting yourself and belittling others".
After all, although there are three public procuratorates, procuratorates and laws, they are actually one.
4.Discrediting FY
At the climax of the movie, prosecutor Han Ming brought out the precedents of "justified defense but convicted of intentional injury and intentional homicide" in recent years, which means: judicial practice is difficult to return, and it is very difficult and resistant to determine legitimate defense in such cases.
Aren't you discrediting the courts? Obviously, it was your procuratorate who brought the case to the court for intentional injury and intentional homicide, but you did not take responsibility for it, causing this kind of situation of mechanical justice and accumulation of hardships, and your procuratorate is most responsible.
You don't need to use any court precedent to discredit the court. The court sentenced a not-guilty verdict for justifiable defense, can your procuratorate afford it? Will you respect the court's verdict of not guilty and not protest? Hell yes!
The system of justifiable defense has never been asleep, not because you have awakened the system, but because you have not applied it correctly for a long time, and you have abandoned it.
I can't get up by myself, and I pull the court back, which is not authentic. Obviously, the work is not in place, but it is publicized as a great achievement.
5.Dispensable "obscene" lawyers
Political and legal films, there can be no lawyer. This is Chinese characteristics.
Even if there is occasionally, this lawyer is most likely obscene and dispensable.
Today, with full coverage of criminal defense, in major criminal cases, criminal suspects must have defense lawyers, but this film does not have it.
The family members of the village tyrant who was stabbed to death all know that they have entrusted a lawyer, which is also the only lawyer in the film.
What did this lawyer Chen do? The family members of the village tyrants gathered to besiege the procuratorate, and lawyer Chen was among them. The parties need to find a relationship to coordinate the handling of the case, and lawyer Chen organizes dinners and matchmaking. Is this an inappropriate complainant, a broker, a fool?
The public procuratorate plays cards, three are missing one, even if the lawyer is accompanied, it must be a decent one.
I suggest that in future political and legal films, the role of a lawyer who is too obscene should not be arranged, it is disgusting to watch.
If I can't find a lawyer, I'll do it.
6.The misalignment of genre and subject matter
The background of political and legal themes is bound to be heavy and serious.
I am extremely disgusted by the use of political and legal themes as New Year's films and funny films.
Family, love, funny, death, violence, so many main themes are entangled and boiled into a messy stew.
In the cinema, giggling and flirting consume such a serious topic.
A pair of young people next to me had been gnawing and moaning, apparently uninspired by the main theme.
7.Witness and Victim, Zhang Guan Li Dai
In the film, Hao Xiuping is a deaf and mute woman who has been repeatedly *** by the village bully, Hao Xiuping's husband exercised his special right of defense and killed the village bully with scissors. Hao Xiuping is obviously a victim, but she becomes a witness in the film.
If Hao Xiuping is a witness, then who is the victim? Without a victim, what about the legitimate defense?
In addition, the prosecutor also appears in the film to protect the victim, which is even more outrageous.
8."Old fritter" Han Ming, the responsibility and courage that should not be had
Prosecutor Han Ming, a typical judicial veteran, thinks he is experienced in handling cases, cunning and cunning, and he is actually a mechanical justice and an experienced dogmatic patient.
I think Lei Jiayin's acting skills are in place and in line with reality.
Han Ming was indignant because his son was found to have beaten others because of his righteous and courageous actions, and his grievances were difficult to redress, so he found out in his conscience, hardened once, and made a decision not to prosecute.
In reality, is it possible for Han Ming, who has an empathetic background and experience, can empathize, and be rational and peaceful?
No way. Most of Han Ming is still trapped in the prison of the system, unable to extricate himself.
Therefore, Han Ming is not handling a case, but the life of "someone else". It's not my own life.
9.Those who set the rules do not reflect on themselves when they do things that break the rules
For the justifiable defense system to function properly, a number of supporting rules are needed.
Han Ming took the criminal law and said that the criminal law was pure nonsense. Without procedural safeguards such as the Criminal Procedure Law, the Criminal Law is nothing.
I believe that the director should be a champion of the rules.
However, there are a large number of cases that break the rules in the film: leaders meddling in interrogation, interfering with prosecutors' independent case handling, prosecutors offering bribes, public security asking for intercession in violation of regulations, prosecutors abusing judicial aid, procuratorates applying for funds from local **, prosecutors helping them find jobs in order to prevent parties from petitioning, etc.
If we take bad habits and breaking rules as a matter of course, we will never be able to establish rules. Even if there are those who set the rules, they will be eaten up by their own destructive power.
It is recommended that the director take a look at Lao Mei's "Confession Rules" filmed in 2023, how people established Miranda's rules.
Without an elaborate, complete, and supporting design of rules, especially the protection of procedural rules, the justifiable defense system will still be shelved.
10.Cases that are not suitable for hearing
Hao Xiuping was bullied by the village, which triggered the legitimate defense behind. How can such a case involving the privacy of the parties be brought out for a public hearing?
Director, aren't you kidding?