Article 20 of the Criminal Law of the People's Republic of China is not long.
The movie "Article 20" is not very long.
However, Article 20 of the Criminal Law of the People's Republic of China is called a "sleeping article", and the time and road to wake it up are very long.
Why is this so, the movie "Article 20" gives the answer.
Legal practitioners and legal experts have their own considerations and calculations from a professional point of view.
In the movie "Article 20", Liu Wenjing **Hao Xiuping many times, and also insulted Wang Yongqiang, when Wang Yongqiang couldn't bear to resist, ** was over, is this still legitimate defense?
When Wang Yongqiang and Liu Wenjing scuffled together, it was legally called a mutual assault, and when Liu Wenjing went to the car to get the knife, the knife had not yet been taken, and the new injury had not yet formed, and of course it could not be regarded as an ongoing injury.
Liu Wenjing did not get the knife, but Wang Yongqiang had already stabbed Liu Wenjing with scissors, which can be legally interpreted as Wang Yongqiang's intentional injury.
Even if Liu Wenjing threatened to go to the car to get a knife, but the knife could not be found, only Wang Yongqiang's confession could not form a complete chain of evidence, and the confession was invalid.
Legal experts have a high level of legal literacy, legal practitioners have rich practical experience, they are very rigorous and meticulous, they all have a sense of reverence for the provisions of the law, they can break down a complete case process into one independent segment after another analysis and absolutely impeccable, they feel that the parties should also be able to make accurate calculations of their own actions when implementing defense.
After such calculations, Wang Yongqiang's legitimate defense was not established, and it was an intentional injury.
Procurators can also have their own calculations from the perspective of correctly handling relationships and preventing and defusing risks.
The investigation by the public security organs has been completed, the case file has been submitted, and the public prosecution is carried out according to the public security organs' opinions for the crime of intentional injury, and the case is concluded after the process is completed.
Article 20 has been dormant for so many years, and so many cases have been collected across the country, and everyone has sued and judged in this way, which is the safest approach, and the situation is controllable and there is no risk.
Tian Jian has always asked the host prosecutor Lu Lingling, and he has also given her enough patience and tolerance.
It is also difficult to inspect the field, the superiors have the requirement to file a public prosecution on time, the number one has to guard well when he is not at home, Liu Wenjing's family is powerful and unforgiving, and the procurator Lu Lingling cannot correctly understand the intentions of the leadership.
After such calculations, since the right of the procurator to handle the case independently cannot be interfered with, the only way to do so is to use the personnel power to replace the procurator in charge.
Liu Wenjing's family must of course calculate from the perspective of maintaining the family's reputation and ensuring the best interests.
Old Man Liu's eldest son is a martyr who protects the lives and property of the people in the village, and this aura must be used well to turn it into a talisman for the second son.
The Liu family is a village tyrant, and usually the villagers just dare to be angry but don't dare to speak, and when this happens, I see which grandson dares to be angry.
After settling the villagers, they went to settle Hao Xiuping, and forced her to sign to admit that Liu Wenjing did not **, and their relationship was voluntary, in order to repay the debt.
They also have to level up the procurators, and the procuratorates even have the ability to alarm the secretary of the political and legal committee to come forward and interrogate.
After such a calculation, the sky is still the day of the old Liu family, which prosecutor dares to turn the sky?
Standing on their own standpoints, all calculations seem to be justified.
But who counted for Wang Yongqiang's family?
God is so unfair, the wife is disabled, and the daughter is disabled; Life is full of hardship, and I can only barely make ends meet after working hard, so I have to borrow loan sharks in order to treat my daughter. Even so, I have to suffer a lot of humiliation, lose my dignity, wear a dog leash, and my wife has been repeatedly **.
Who calculated for the bus driver Zhang Guisheng?
Zhang Guisheng is honest but full of justice, he bravely defended the rights and interests of female passengers, but he was imprisoned for three years. He didn't want to embarrass the host prosecutor Han Ming, but he did have an obsession in his heart, he wanted to find out if his actions were righteous and courageous, what was wrong? He died unexpectedly without waiting for that answer, and his daughter was orphaned before graduating from high school.
Fortunately, there is also a Han Ming in addition to Lu Lingling.
Han Ming didn't have his own accounts to settle. He was a procurator who came from the county seat to the city on a temporary basis, and after helping Tian Jian solve his difficulties, he could change from a temporary post to a post, and he could live in the city, and his children could go to high school in the city instead of borrowing.
Han Ming also knew that this account was difficult to calculate. In the face of school bullying, his own child bravely injured his classmates, and the injured child was the child of the school director; There is no one to prove and no evidence of righteous and courageous acts, but there are injury evaluation results for injuring others; The sense of justice in the child's heart needs to be protected, but once the police file a case, it will destroy the child's future; It is impossible to let children apologize against their will, and it is against the dignity of their profession to beg for others by themselves.
But Han Ming knew how to calculate this account and where to calculate it. His speech at the hearing was resounding and classic:
We are not handling cases, we are dealing with other people's lives.
I don't believe in the law of the country without the law of heaven, nor in the principle of heaven without human feelings.
Law, we can't give in to lawlessness!
The law is to make it more expensive for bad people to commit crimes, not to make good people do it more expensive.
Where does the authority of the law come from? The most mutual emotional expectation from the people is to seek fairness and justice!
A crime pollutes a river, and a wrongful conviction pollutes an entire water source.
Don't laugh at people who stand up for social justice, because one day the light they have earned will shine on you as well.
Han Ming was fortunate that Wang Jian, the top leader of the procuratorate, returned to his post to support his idea, and his speech touched and persuaded people from all walks of life, including people's congress deputies, people's supervisors, and legal experts.
Wang Yongqiang was also lucky, he became the beneficiary of the awakening of Article 20, and he met this era.
We hope that the light of fairness and justice of the law will shine all over the world, be around, touch, full of warmth, and do not need to wait and go through twists and turns.