The cheater is fine, and the whistleblower is guilty.
Recently, the peachy news of a female teacher and a 16-year-old student** swept the Internet gossip world with a heavy impact.
When some people are keen to dig deep into the inside story and find more fierce information, there is a strong academic atmosphere, which makes ordinary people overwhelmed and full of voices.
The female teacher does not constitute any crime, and the husband who exposed the matter has broken the law and may constitute a crime! He made public the chat records between his underage rival and his wife, violating the privacy of his underage rival. ”
In order to strengthen the legal authority of this point of view, these legal people accurately quoted the relevant provisions of the Civil Code and the protection of minors, and popularized every corner of the law for everyone.
While admiring, everyone can't help but be full of confusion, why does the law always compete with the public mind? Why is it that what everyone thinks is normal, when explained by the lawyer, not only does not make people shudder, but makes people shudder?
Xu said that the thinking of these people makes people feel familiar.
What they have in common is that, in the analysis of the case, the focus on the content of the legal protection is lost, the focus is on the essence of the case, and the skill of professional knowledge is emphasized.
A large part of the reason why the legitimate defense of Article 20 of the Criminal Law has not been effectively applied is that people have lost focus on the core point of protection of this article.
In order to be unconventional and unique, scholars have added various conditions to the applicable conditions of legitimate defense, and turned the value pursuit of violence into mathematical calculations under various conditions.
At the same time, it becomes almost impossible to have these conditions, and in the absence of mainstream views in a hundred schools of thought, it is reasonable that justifiable defense has become a zombie clause.
Justice becomes an uncertain variable in the face of lawlessness.
Female teachers and minors have violated the marriage law, violated basic morality, undermined the normal teacher-student relationship, and violated public order and good customs, which is the main aspect of the social harm of the whole incident, and it is also the hardest hit area of the law.
This should be the basic stance of the view of right and wrong.
How can those legal people who only see their husband's reporting methods in their eyes and magnify them infinitely, fail to grasp the core points that the law wants to protect, look at all factors equally, and are proud of their unique vision, how can they not deviate from the original track?
Not seeing the purpose of legislation, not being able to focus on the main point, and playing with conceptual skills are the common portraits of such people.
It is a train of thought to delicately analyze the case of female teacher's derailment and the person who is difficult to apply to Article 20
Law is a social science, it is our basic values, everyone understands the law in order for everyone to abide by the law.
When we interpret the law in a way that surprises people, we should think about it, are we right?
The law is to make it more expensive for bad people to commit crimes, not to make good people more expensive. ”
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