Recently, there was a news: on this day, Shandong Jiaozhou Wang and his wife took their children to play at home, and the downstairs neighbor Liu came up and knocked on the door and broke into the house, saying that their children stepped on the floor too much, so the two sides had a language dispute, and then Liu beat Wang (rib injury, and later identified the injury as a minor injury), Wang couldn't bear it, and also resisted, and hit Liu with a wine bottle (the bridge of the nose was fractured, and the injury was also a minor injury after identification). After Wang's wife called the police, the police arrived and opened a case for investigation.
The "incredible" of this case came at the adjudication stage.
Wang's wife was furious, she thought: Zhao Zhao Sun and Moon, Lang Lang Qiankun, broke into my house to pick quarrels and provoke trouble, and injured my family, the police must bring the criminals to justice and give us an explanation.
However, Wang's wife never expected that the statement she wanted was that the director of the local police station who handled the case told her: This case can only be mediated and handled in accordance with the law, because the other party is also slightly injured, which is a "mutual assault", and it will be dealt with with 50 boards each.
When the king's wife heard this, she felt very incomprehensible: You know, it was he who broke into our house to pick quarrels and provoke trouble, and beat our people, and our people are justified defense! Comrade policeman, he hit us first!?
The police station chief listened to the words of the king's wife and said to her: If he beats you, you can't fight back, and fighting back is beating each other, if you don't fight back at that time, that's right.
After this news was posted on the Internet, it caused a lot of indignation, of course, mainly because of the indignation of the police station chief, and the more representative view is that the police station chief does not understand the law, or he is also arbitrarily adjudicating. Liu went to someone else's house and hit someone else, is this not a crime? In addition, if someone beats you, and you can't fight back, you have to let him beat him, and as soon as you fight back, you'll beat each other, oh my God! Is this the law?
Okay, let's take this case as a case and analyze it.
Since this case has been stabbed on the Internet, the police station chief will definitely not dare to arbitrarily adjudicate the law, and he will definitely not be wrong in the application of the law, so we will rule this out. We just need to **: Does he understand the Fa?
Nowadays, people's culture has improved, and the law has become popular, but it is not the same as before, and the police handling cases is the same as that of doctors, and they need to have a certain amount of professional knowledge. Let's put it this way: There are relevant laws and regulations for every step of the police handling cases, and the legal basis must be clearly stated, and they must be approved by the higher authorities, and important links must also be reviewed by the legal department. Therefore, there is no doubt that this police station chief must understand the law.
In addition, the police are not the legislative branch, the police are law enforcement agencies, the police do not produce laws, the police are only the porters of the laws. Therefore, if everyone has doubts about the verdict of this case, they want to blame the police and the director, is the director also wronged? Because that's what the law stipulates, whether the law is right or not, that's the business of the legislative department, not my police, as the saying goes, "there is a debtor who is wronged", it seems that this should not be borne by my police, right?
Well, let's take a look at 1 recent case: in Henan, the weather is too hot, a certain A passed by the watermelon field, stole a melon, hugged it and ran, saw that the melon old man found out, chased over and grabbed a certain A's sleeve, and a certain A was scratched by the hand of the old man watching the melon in the process of breaking free (that is, a blood mark). After A called the police, the police rushed to deal with it. The final result is: A is injured, and the old man will compensate 200 yuan for A. Later, this case also spread to the Internet, and the repercussions caused by this case in Jiaozhou are basically the same, and everyone can't understand it.
There are also a few years ago: a thief was found by the police when he stole something, the police chased behind, he ran in front of him on a motorcycle, and there happened to be a passerby passing by, seeing this scene, he kicked over the thief's motorcycle, the thief fell and was injured, and the passerby A also took legal responsibility for causing the thief to fall and .......
To tell the truth: this kind of thing, not to mention that ordinary people can't understand it, in fact, even the police uncle who handles the case may not be able to understand it, but that's what the law stipulates .......
Author: Since my country's jurists are all immortals, they should not come to the world to be demons...
This should start with **? There is no need to hide it, at that time, there was a sudden lack of self-confidence, and the United States became a god in the hearts of those elites and experts, especially in the hearts of those jurists and economists who came from liberal arts, and they trusted the United States more than they trusted their parents when they were children.
The legal profession, in particular, is "thriving". For decades, the thinking of the United States and the West has long ruled everything, for example: if a law **, if it does not quote some Westerners and give some Western examples, the author is embarrassed to think that his own thing is called "** does not have the courage to say that his views are correct." As a scholar studying law, if you have Western mud ideas on you, especially if you also have a Ph.D. degree in a major such as American constitutional law, then you are a shell man who has become a man - one step to the sky! For example, if you came back from the United States yesterday, and today you take the letter of appointment to report to a school such as Beijing Normal University, and tomorrow you may become a professor, a doctoral supervisor, or even a vice president of a national law society, and so on, and then you can go to ...... by mistake
It all seems to start with the word "human rights". In the beginning, it seemed that Westerners were trying to test our disobedience, and they began to accuse us of ignoring human rights. Since then, jurists have been confused by the word "human rights", and since then, their methods and creeds in studying law have only two simple words -- "human rights": everything for human rights, everything depends on human rights, from the Western theory of human rights, to the practice of human rights in the East! They have become more than those who accuse us in the West of us and think that we are not human rights, especially because they are still upright and new at the same time: they think that we are especially unethical to the suspects and defendants. So for decades, those jurists have studied the law for us, but in fact, they have only studied one problem - how to protect the rights of suspects who violate the law and commit crimes.
Now, even Westerners are embarrassed to accuse us of human rights, why? To give an example, the police in the United States have a bad temper and shoot people at every turn; And our police, they will be killed at every turn.......Isn't that okay? No way! In the eyes of those jurists, it is far from enough, they are still tirelessly thinking about how the police can protect the rights of criminal suspects, for example: since they learned "procedural justice" from Westerners with little understanding, in order to meet their serious pursuit of law enforcement procedures, the case-handling personnel handle a case, two-thirds of the time is not used for investigation, but for sorting out files, because sorting out files is too troublesome, a small fight type of public security case, The dossier is so thick that it can catch up with a long one**.
Okay, it's far away! Let's also talk about this case: someone beats you, and you can't fight back. What is the logic of this? Will there be such logic in the whole world? Will the America, which they worship as gods, have such logic? It's safe to say: the United States won't have it either! Hey? This is strange, don't they say that they must call the United States? Since the United States does not have it, how can they have it? Hehe! This is not surprising, their IQ is not high (in our country, students with high IQ basically study mathematics, physics and chemistry, not. They will inevitably have deviations when they learn American things, and coupled with the lack of adaptation to the soil and water, they will inevitably apply them to our land, and it is inevitable that there will be chromosomal mutations.
Seeing this, it is estimated that they may scoff: Don't you understand that we still talk about legitimate defense?
That's good! They do recognize justifiable defense, but their regulations on justifiable defense are very harsh, so let's put it this way, the justifiable defense in the eyes of normal people is not the same thing as the justifiable defense they recognize, for example, in this case, according to the standards they have set, there are still 108,000 miles away from justifiable defense......Why are they so harsh? Let's look down.
Some readers may ask: Then Liu went to someone's house to pick quarrels and provoke trouble, and the fault came first, and this plot was not considered? That's a really hard question to answer. What do you mean by picking quarrels and provoking trouble? You think it's picking quarrels and provoking trouble, and I don't think he's picking quarrels and provoking trouble. It's like justifiable defense, you say he's justifiable, I say he's not .......In real life, there are many things that are plausible and difficult to define, and different people will have different opinions. For example, legitimate defense, picking quarrels and provoking trouble, etc., and for example, the previous paragraph of Tangshan Secretary Li made a "false accusation and frame-up"...How can these things be accurately defined by law? It's simply impossible - the living don't have this ability, and the dead law will have this ability! Those jurists don't have the ability to do that! Therefore, the definition of justifiable defense that they formulated is also specious, and even they themselves do not understand it, and if they had this ability, they would have gone to study mathematics, physics and chemistry back then.
Not to mention that they can't be defined, their Western teachers don't have such ability, which may also be one of the reasons why the United States practices case law and judges have "discretion". In addition, in the United States, the trial implements the "jury" system, that is, at the time of the trial, some citizens are randomly invited to form a jury, and after the jury participates in the entire trial process, the jury votes on whether the defendant is guilty or not. To a certain extent, this makes up for the shortcomings that cannot be accurately defined by the law. Interestingly, the jury system in the United States is not only helpful in ensuring the accuracy of convictions, but also good for preventing corruption, and they turn a blind eye to such good things.
Let's continue to talk about this case, in fact, for such a case, not only the Jiaozhou police will handle it like this, but the police across the country will basically handle it like this. The author believes that when the director of Jiaozhou was dealing with this case, he was also very helpless, but he had to deal with it like this, otherwise, his job would be unstable. He said, "It's right if you don't fight back", which just shows that in his heart, he is also very sympathetic to the Wang family. If the bosom friend is not rewarded, he will return to his hometown ...... autumn
Now, almost all the people in the country know: whether it is justified or not, don't do it, because doing it means losing money or going to prison, so there are fewer and fewer fights now. So, let's not talk about anything else, if Chinese don't fight, they won't fight, then once a foreigner comes, it will be ...... when a Chinese man needs to show blood
The so-called jurists are the same as the economists: they just copy them and ...... themAnd then I don't know anything. And then .......And then I'm going to copy something else.
The scary part is not that, the scary part is that there are still people listening to their ......
The above is purely a personal opinion!