If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 209 Law, cannot give in to lawlessness

"Secondly, according to the identification results, Liu Chenglong's fatal injuries all came from the several blows Yu Jiaming made when he just picked up the knife. Yu Jiaming's last two blows, one missed the hit, and the other hit the car, and No actual harm was caused to Liu Chenglong.

Therefore, no matter which angle you look at, Yu Jiaming's behavior of chasing and killing Liu Chenglong did not exceed the scope of legitimate defense. "

"So it is."

Yan Langtao nodded repeatedly: "I only heard about this case from hearsay, and I had only a partial understanding of why our court finally ruled that Yu Jiaming was not guilty. Today, after listening to Judge Zhu's sharing, I finally know what is going on.

Well, I actually have a question, and I would like to ask Judge Zhu for his opinion.

That is, before the verdict was made in this case, a website once conducted a survey, and nearly 2 netizens participated in the vote.

Among them, [-]% of netizens believed that Liu Chenglong deserved the punishment for drunken driving and causing trouble, and Yu Jiaming was acting in self-defense.

What does Judge Zhu think of the unanimous comments from netizens? "

"As for the statement that Liu Chenglong deserves what he deserves, I am temporarily conservative on this, because I feel that even if Liu Chenglong drove drunk and caused trouble, even if he used a knife, from a legal perspective, he may not necessarily have to pay the price with his life.

It can even be said that if he is tried by the law, he will most likely not die.

Of course, this is just my personal explanation from the legal level. As for whether he deserves it from the perspective of ordinary people in society and from a moral perspective, everyone has a scale in their mind, so I won’t comment too much. "

Seeing Zhu Jianfei's answer so steadily, Zhuang Yuandong felt relieved.

It seems that the dean is overly worried. Although Jianfei is a bit angry at ordinary times, he is still reliable at critical moments.

Zhuang Yuandong had already taken out his mobile phone and was looking for where to go next to experience the nightlife of the provincial capital.

"As for the majority of people who think that Yu Jiaming acted in self-defense, no matter what the basis for their conclusion is, they may be practitioners who have studied law, or they may just be based on their simple moral and legal views. In short, this conclusion is correct. .”

Zhu Jianfei's tone was somewhat gratifying: "Public opinion has fermented so quickly, and what is revealed is the public's condemnation of Liu Chenglong's behavior that has touched the bottom line of public safety.

Our country has valued peace since ancient times. One of the parties involved in this case, Liu Chenglong, has a long criminal record. On the day of the incident, he violated laws and regulations and was arrogant and domineering. His various behaviors have deeply hurt the mainstream values.

The widespread public opinion after the incident not only reflected people's collective instinct to support the weak in the face of violence, but also illuminated the public's resistance to violence and condemnation of darkness. "

The judge is different. Everyone is obviously worried that they will become the next Yu Jiaming, and it sounds so good when they say it in other people's mouths.

Yan Langtao also had his own answer in mind, but he still agreed with Zhu Jianfei's official answer.

"I just mentioned that most people think that Yu Jiaming is innocent. What is very interesting is that we found that the few voices that think that Yu Jiaming was not self-defense basically come from the legal academic circle.

Judge Zhu, can you analyze why industry-related practitioners have different views than most people? "

Zhu Jianfei was stunned for a moment when this question came up.

Outside the studio, Zhuang Yuandong subconsciously turned to look at the narration staff: "When we reviewed the process before, we didn't mention this problem? What's going on?"

"I don't know about that. Maybe it was added temporarily?"

The staff next to me were cautious.

Added temporarily? Do you think I believe it?

Zhuang Yuandong was too lazy to talk to him. He looked at Zhu Jianfei on the screen and prayed that he wouldn't say anything he shouldn't.

“Why are there such voices that are pessimistic about the outcome of justice?”

Zhu Jianfei's first words made Zhuang Yuandong sweat.

What does it mean to be pessimistic, my little brother? Although it is true, is this something that can be said in front of the camera?

After thinking for a moment, Zhu Jianfei continued: "The reason is related to our insufficient implementation of legitimate defense in actual operations."

How dare you say that! Are you really not afraid of being bitten when you go back?

Zhuang Yuandong held his forehead and sighed, picked up his mobile phone and sent a message.

"I know what you mean by this question. Some netizens say that legitimate defense is in vain, especially the provisions on special defense, which are basically a 'zombie clause.' I have also seen these remarks."

Zhu Jianfei smiled. When it came to unplanned issues, he relaxed and opened his mind completely:

“Judging from our judicial practice over the years, the application of the self-defense system is indeed somewhat conservative.

The phenomenon of not daring, or in other words, not applying the legitimate defense system well, and identifying acts that are legitimate defense as excessive defense, or even ordinary intentional injury or intentional homicide, does still exist.

I think this phenomenon is exactly the source of the sounds you mentioned.

They do not think that Yu Jiaming is not self-defense, but based on past judicial practice experience, they believe that Yu Jiaming is difficult to be recognized as self-defense. "

Originally it was just a temporary question, and Yan Langtao was already prepared for a few perfunctory remarks. He didn't expect that Zhu Jianfei said so much, and every sentence was truthful, so he couldn't deal with it for a while.

Zhu Jianfei paused for a few seconds. Seeing that Yan Langtao had no intention of asking further questions, he pondered for a moment and then continued:

“So why has it been so difficult for us to identify self-defense over the years?

In fact, it is related to the current situation of our society. We all know that our country has a large number of people. When there are more people, there will naturally be more conflicts. The judicial authorities are also worried that the right of legitimate defense will be abused, leading to the proliferation of "violence against violence" among the people, which will only Only by making social conflicts more acute will we be more conservative on this issue.

The conservative attitude towards the legitimate defense system, over time, has had a superimposed effect in judicial practice. Over time, relevant practitioners have developed a slightly pessimistic attitude. I think this is the most essential reason. "

The most essential reason?

Yan Langtao subconsciously asked: "Besides this reason, are there any other reasons?"

"Of course there is."

Zhu Jianfei nodded matter-of-factly: "Let's take the public prosecutor's office as an example. In fact, if a case is self-defense, they can give conclusions or suggestions during the review and prosecution stage, and it will be much easier to handle.

But the actual situation is that if they file a public prosecution for intentional injury or intentional homicide, it will be more troublesome for them if it is judged as self-defense by our court.

The person has been imprisoned for a period of time, and finally he was released due to self-defense. Do I need to pay compensation? Which unit will pay for this? Do you want to be held accountable? These are all questions.

So, this matter is actually..."

"This case attracted so much attention. Were you affected to any extent during the trial?"

Yan Langtao quickly interrupted Zhu Jianfei.

Although it was a bit rude, the director's curses were already heard in the earphones, and he had no choice but to ask a question.

"Do you want to air this show?"

"What should you do if your signal is suddenly cut off?" "Can you have some brains, brother? Do you want me to give you a few days off to go home and recharge your brains?"

The director's roar could still be heard, and Yan Langtao's vest was already covered with cold sweat.

"what?"

Zhu Jianfei reacted briefly for two seconds and realized that he had said a little too much. He coughed twice to cover up his embarrassment.

"In other words, as a judge, during your work, what attitude do you think you should have towards public opinion or public opinion?"

Yan Langtao added another sentence, giving Zhu Jianfei time to think.

"In terms of public opinion, my understanding is that it reflects the public's judgment of good and evil."

Zhu Jianfei thought for a while, telling himself to be careful what he said, and then slowly spoke:

"Some people think that public opinion is easily manipulated and cannot be trusted. This is actually wrong.

From a substantive rational level, public opinion is a value requirement of society. Especially when it comes to a certain case, public opinion will reflect the emotional tendencies and moral choices of the public during this period. It must not be simplified. Understand it as the foolish opinion of the 'rabble'. "

No one knew about it originally, but now that you say it, everyone knows that they are a rabble.

Zhuang Yuandong was speechless for a while outside. This Zhu Jianfei had nothing to say about his professional abilities. He was just too upright. He really had nothing to say.

"In the current new media era, once a judicial case is exposed, it will easily attract public attention. The phenomenon of public opinion affecting individual cases is indeed gradually increasing, such as the milk case and the Huji pattern a while ago.

I think at this level, public awareness of judicial participation is constantly increasing, and public opinion can supervise our judicial activities, which is a good thing.

Of course, judicial activities must still be conducted from the perspective of a neutral person, based on facts and the law. They cannot be kidnapped by public opinion and cannot blindly cater to public opinions. As judges, we must have our own judgment. "

Yan Langtao nodded like a chicken pecking at rice. Zhu Jianfei felt it was time to end:

“Laws are not carved on marble or written on paper, but are engraved in the hearts of every citizen.

If our judiciary is not accepted by the public, the authority of the judiciary will be greatly reduced, and it will be difficult to serve as a demonstration and warning.

Therefore, our judgment this time does not follow the conservative application of self-defense in the past judicial practice. Instead, it takes into account the general psychology of the public on the basis of strict compliance with legal provisions.

While maintaining legal fairness and justice, we strive to interpret the law based on cases and interpret interpretations based on the law, thus achieving the unification of the legal effects and social effects of justice.

There may be different opinions regarding the verdict of this case, but we believe that this verdict is completely legal, reasonable and reasonable.

We hope that through Yu Jiaming's legitimate defense, we can encourage citizens to establish the concept of boldly resisting illegal infringement, so that every citizen can contribute to the stability of social order.

At the same time, I also hope that this opportunity can be used to activate the unlimited defense clause that is increasingly reaching a dead end. The law must not give in to the law! "

Walking out of the provincial TV station building, Zhuang Yuandong said with some complaints: "I'm not blaming you, Jianfei, there are some things we discuss behind closed doors, and that's called expressing constructive opinions on our country's rule of law.

But what is the occasion today? People all over the country are watching you. Didn't you just promise to keep your mouth shut? "

"What I said is all true."

Zhu Jianfei scratched his head, feeling a little guilty.

If Yan Langtao hadn't interrupted him, he really wouldn't have realized anything was wrong.

"You, you, the dean specially asked me to follow you, just because he was afraid that you might not speak lightly or seriously. This is a good time. We will both be criticized when we go back."

Zhuang Yuandong was dejected. Sitting in their position, he felt somewhat helpless at times.

"It's okay, it's okay. I'll carry it for you if you get criticized."

Zhu Jianfei didn't care: "The nightlife has begun, why don't we find a place to have barbecue?"

"Eat whatever you want, I don't need to come with you this time."

Zhuang Yuandong glared at him: "Your treat!"

"My treat, my treat."

Zhu Jianfei smiled and reached out to hail a car.

"This judge really doesn't hide anything behind his words!"

Although it's long past the end of the day, there are still lights on in one of Cheng's offices today.

Chang Jiahang finished the last bite of the takeaway, watched the camera cut away from Zhu Jianfei, and sighed.

Ren Zhen invited him to stay and watch the live broadcast together and take care of the food, so of course he would not refuse.

"It is indeed rare to see a judge speak like this in front of the camera."

Ren Zhen nodded: "But what he said about public opinion is pretty good, what do you think?"

"public opinion?"

Chang Jiahang thought about it for a moment: "It seems true, and he actually said something about activating the unlimited defense clause in the end. What a bold statement!"

Bold?

Ren Zhen fell into deep thought.

If he said this in other public places, maybe the judge was a little ungrateful.

But at this point when the case of Yu Jiaming and Liu Chenglong has just ended and public attention is so high, is it really just his boldness to say such a thing?

On the day the verdict came out, Ren Zhen was thinking, if Yu Jiaming could be deemed to have acted in self-defense, would Yu Jiaming's case be used as a reference for similar cases in the future?

If this becomes a signal, maybe the idea Zhu Jianfei mentioned may actually come true?

Half a month later, just when the heat of Yu Jiaming's case was gradually subsided, a red-headed document once again pushed the case to a climax.

[Notice of the Supreme People's Court and the Supreme People's Procuratorate on issuing the "Guiding Opinions on the Application of the Justifiable Defense System in accordance with the Law"]

[In order to accurately apply the legitimate defense system in accordance with the law, safeguard citizens' legitimate defense rights, encourage courage to act for justice, promote social integrity, and integrate socialist core values ​​into criminal justice work, these opinions are formulated in accordance with the relevant provisions of my country's Criminal Law and Criminal Procedure Law and in combination with the actual work .

】

(End of this chapter)