Just listening to the title of "Article 20", many people may think what is "Article 20"? What is the story of the film? In fact, in the past few years, "Article 20" has also appeared many times in the program "Rule of Law".For example, the Yu Huan case reported in 2017, the Yu Haiming case in Kunshan reported in 2018, the Laiyuan anti-homicide case reported in 2019, the Fuzhou Zhao Yu case, the Hangzhou Sheng Chunping case, and the Lijiang Tang Xue case reported in 2020, etc.
The outcome of the cases in which these parties were involved was changed by article 20 of the Criminal Law. Yu Huan was sentenced from life imprisonment to five years in prison, Wang Xinyuan's family of three in Laiyuan, Sheng Chunping, and Tang Xue were all found to be justified in defense, and Zhao Yu was confirmed to be righteous and courageous. Article 20, the story in the movie presents the various states of life and is an artistic expression, but like these real cases, it makes us feel the sentence "The law cannot give in to the lawless".
From "sleeping" to activating the typical case of awakening Article 20
The movie "Article 20" made the legal article with the same name as the film - "justifiable defense clause" a hot search word. In the past few years, this legal provision has entered the public eye several times, accompanied by some defense cases that have triggered ** discussions and heated discussions among the public. Where is the boundary between justifiable self-defense and intentional injury? Should the defenders bear the consequences of injury or even death of the wrongdoer? This series of questions is related to whether people have the courage and confidence to stand up for themselves and others. Over the years, the procuratorial organs have answered these questions through the handling of a defense case, including the landmark Yu Huan case.
The "Yu Huan case" has become an important case of activating the justifiable defense system
On April 14, 2016, Yu Huan, a young man from Liaocheng, Shandong Province, stabbed him with a fruit knife when he was insulted, beaten, and illegally detained by a number of debt collectors, injuring four people, one of whom died. Yu Huan was sentenced to life imprisonment in the first instance for committing the crime of intentional injury, which detonated the ** at that time. The Supreme People's Procuratorate immediately dispatched personnel to conduct a comprehensive review of the facts and evidence of the case, and organized expert argumentation. The Shandong Provincial People's Procuratorate believes that Yu Huan's actions are defensive in nature, but they are excessively defensive. After that, Yu Huan's sentence in the second instance was commuted to five years in prison.
Luo Qingdong, Deputy Director of the First Procuratorate of the Supreme People's Procuratorate:In judicial practice, there are not many reasons for the application of justifiable defense, and some of them may be that the circumstances of the case are relatively complex, and it is difficult to determine and deal with them. The second, which has also been formed for a long time, may be a matter of the concept of judicial personnel. Yu Huan's case is also considered to have awakened the sleeping situation of Article 20 and activated the justifiable defense system, an important judicial case.
Just in defense! The demonstration effect of the "Kunshan anti-homicide case" is strong
In the years that followed, a number of defense cases continued to spark public debate, and on August 27, 2018, in Kunshan, Jiangsu Province, a man named Liu Hailong was driving drunk and got into an argument with Yu Haiming, a passer-by on a bicycle. At that time, Liu Hailong took out a machete from the car and chased Yu Haiming, and then Yu Haiming counterattacked by grabbing the machete, and Liu Hailong was injured and died. The case was called the Kunshan Anti-Homicide Case.
On December 26 of the same year, Zhao Yu from Fuzhou heard the cry for help from a female neighbor downstairs at home, and he decisively took action to stop the man who was violent to the female neighbor, but he stepped on the other party's stomach in the pull, causing the violent man to be seriously injured in the second degree. On the evening of July 11, 2018, in Laiyuan, Hebei Province, a man broke into the home of villager Wang Xinyuan with a murder weapon. The case is known as the Laiyuan Anti-Homicide Case. After the occurrence of these cases, the Supreme People's Procuratorate promptly instructed the local procuratorial organs to intervene in advance, conduct in-depth investigations, supervise in accordance with the law, and safeguard judicial fairness.
Zhao Yu:I was thinking, why did I have to arrest someone when I was helping?
Wang Xinyuan:I will fight with my life to protect my wife and children.
On September 1, 2018, the Kunshan Municipal People's Procuratorate issued a notice, determining that Yu Haiming's actions were justified defense and did not bear criminal responsibility; On March 3, 2019, the Laiyuan County People's Procuratorate decided not to prosecute Wang Xinyuan and his wife in Laiyuan, Hebei Province. As for Zhao Yu, a young man from Fuzhou, on March 1, 2019, the Fuzhou Municipal People's Procuratorate corrected the Jin'an District People's Procuratorate's handling of Zhao Yu's case of righteousness and bravery, and made a decision not to prosecute Zhao Yu without guilt.
Zhao Yu:To be honest, I don't regret saving Ms. Zou, because saving someone is actually a gesture for me, and I don't regret saving people.
The law cannot give in to lawlessness Article 20 exerts its strength
Judicial organs perform their duties in accordance with the law, "activating" the accurate application of justifiable defense clauses again and again, encouraging citizens to defend their legitimate rights in accordance with the law, and encouraging acts of righteousness and courage in society, which has allowed Article 20 of the Criminal Law, which has been dormant for many years, to exert its due strength.
Luo Qingdong, Deputy Director of the First Procuratorate of the Supreme People's Procuratorate:Release Guiding Cases and Typical Cases, using cases to guide judicial practice in correctly handling cases involving legitimate defense, and unifying standards for judicial application. Together with the Supreme People's Court and the Ministry of Public Security, we have issued guiding opinions on the application of the justifiable defense system, and through these normative documents, we have made a clearer basis for the application of justifiable defense in judicial practice.
In recent years, a number of defense cases have been included in the work reports of the Supreme People's Procuratorate
The life of the law lies in its implementation. A number of defense cases, such as the Kunshan anti-homicide case, the Fuzhou Zhao Yu case, the Laiyuan anti-homicide case, the Xingtai Dong Mingang case, the Hangzhou Sheng Chunping case, and the Lijiang Tang Xue case, have been written into the work reports of the Supreme People's Procuratorate in recent years. The judicial concept that the law cannot yield to the lawless has been constantly demonstrated.
Luo Qingdong, Deputy Director of the First Procuratorate of the Supreme People's Procuratorate: In recent years, especially in the past five years, the number of cases in practice that are justified defense has increased by a large margin and doubled compared with before. We handle every case with high quality and efficiency, so if I am suing, what will I do if I or my relatives are a party to this case? Approach each case with this sense of responsibility. In terms of effect, it is possible for the people to feel, feel, and feel fairness and justice.
"Digital anchors" share big data "material" information
The law is not a cold letter. "Article 20" has also aroused a simple sense of justice in the hearts of many people. Will the movie "Article 20" make everyone pay more attention to the "Article 20" of the Criminal Law? What do you think about Article 20? Through the information captured on the whole network, the "digital anchor" Yibo shared the keyword word cloud
The keyword with the most popular mention of related topics recently is Article 20. The hot words that are very popular are also justified defense, fairness and justice, prosecutors, non-prosecution, righteousness and courage, acquittal, philosophy, and not in vain, etc., indicating that netizens have a high degree of discussion about some legal terms and judicial concepts. At the same time, keywords such as Yu Huan, typical cases, and anti-homicide cases also have high popularity, indicating that netizens are also paying attention to some typical cases of legitimate defense that have occurred in recent years.
From the perspective of time, starting from February 10, 2024, the search popularity of related terms will obviously increase gradually. From February 10 to 28, the number of related blog posts reached 351265. Among them, the main post accounted for 2063%, and 79% of the main posts were non-**37%, indicating that while the news ** reported on this topic, netizens showed a high degree of attention and discussion.
The vitality of the law lies in its implementation
There is such a line in the movie "Article 20", "What we do is not a case, it is someone else's life", which is actually the inner resonance of many judicial personnel with a high sense of responsibility in reality. "In the face of abuse, there is someone who will bring justice to you; When others are in trouble, you have the courage to help, and the law will always protect people's kindness." The vitality of the law lies in its implementation, and the authority of the law also lies in its implementation. This background of fairness and justice requires the judiciary and law enforcers to have the courage to take responsibility and take the initiative to perform their duties.
*: CCTV News).