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In the Spring Festival of 2024, the movie "Article 20" will be on the air. The film is directed by Zhang Yimou and starring Lei Jiayin, Ma Li, Gao Ye, Zhao Liying, etc.
The film tells the story of Han Ming (played by Lei Jiayin), a middle-aged prosecutor who works in the city procuratorate. At work, the case is unsolved, and the defendant's family Hao Xiuping (played by Zhao Liying) is forced into a desperate situation and jumps off a high-rise building; In the family, the son bravely injured his classmates and faced the dilemma of being detained. Love and law, career and family, fairness and justice, how does Han Ming choose?
1. What is referred to in Article 20?
The movie is named after "Article 20", so what does "Article 20" refer to?
Article 20 of the Criminal Law of the People's Republic of China:
Where an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, or the person, property, or other rights of oneself or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.
Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
Anyone who takes defensive action against an ongoing crime, homicide, robbery, kidnapping, or other violent crime that seriously endangers personal safety, causing an unlawful offense, is not considered to be in excessive defense and does not bear criminal responsibility.
2. The law is to make it more expensive for bad people to commit crimes, not to make good people more expensive
Case 1:
On the bus, several men molested a woman, who resisted and was beaten. Seeing this, the bus driver Zhang Guisheng rushed over to protect the woman behind him, and accidentally injured the man during an argument with several men. In the process of handling the case, Han Ming referred to the previous case and sentenced Zhang Guisheng. Zhang Guisheng's wife continued to petition and died of a serious illness, and after Zhang Guisheng was released from prison, he died in a car accident during the last petition, leaving behind a minor daughter.
Case 2:
Han Ming's son, Han Yuchen, had just transferred to a new school and saw his classmates being bullied, and in order to protect his classmates, he had an argument with the bully and injured the bully. The bully was the son of the school director and called the police to request Han Yuchen's detention. For the sake of Han Yuchen's future, Han Ming persuaded his son to apologize several times, but his son refused, and then he was beaten by bullies.
Case 3:
In order to treat his daughter's illness, villager Wang Yongqiang had no choice but to borrow usury. In the process of collecting debts from village tyrants, Wang Yongqiang's wife Hao Xiuping was repeatedly **. In the course of a rebellion, Wang Yongqiang stabbed the village tyrant to serious injuries and was arrested and imprisoned. His wife, Hao Xiuping, was also coerced by the village tyrant's accomplices, jumping from a high-rise building, and her life hung by a thread.
3. How to define justifiable defense? law, we cannot give in to lawlessness
These three cases revolve around the definition of justifiable defense and intentional injury.
Are you willing to act bravely when you are bullied by others?
Do you have the confidence to defend yourself when someone else is in danger?
Do you have the courage to stand up against injustice and bullying?
This movie captures the suffering of the world.
Han Ming is a prosecutor, but he is also an ordinary person, and he will buy cherries for everyone in order to please his colleagues; In order to save money, he will go to the mall countless times to experience massage chairs for free; He will be forced to bow to the powerful and persuade his son to apologize to the bully.
However, for the sake of fairness and justice, he will argue with reason at the hearing, and take out Article 20 of the Criminal Law, "legitimate defense," and make a large impassioned statement.
This movie shows the lonely brave man who "establishes his heart for heaven and earth, establishes his life for the people, and opens peace for all generations".
law, we cannot give in to lawlessness