The lawyers who lie down to assist are forced to rectify the public security, procuratorial and judi
Chapter 92 The legal interpretation is unreasonable? Then change it!
Guan Cangyue and Song Taian waved their hands and said modestly.
"Oh, I don't deserve it! How can we two old guys be called masters!"
"Yes, this is your unit's internal affairs anyway, how can we two old men express our opinions!"
Seeing the two of them being so polite, Sima Chang persuaded them.
"You two elders are really too modest when you say that!"
"Mr. Guan, you are a legislator, and you were a famous professor at Yanjing University of Political Science and Law when you were young!"
"Mr. Song is even more so. He is a recognized authority in the legal community of Xia State, and he is still a visiting professor at Yanjing University of Political Science and Law!"
"It is difficult for us younger generations to match your academic achievements!"
"We invited you two elders this time because we hope you can put aside all your identities and help us analyze and give us some opinions from an academic perspective!"
"In fact, we were embarrassed to bother you two elders, but it happened suddenly, and we think it is necessary to listen to academic voices."
"After all, law is a profound subject in itself, and we cannot rely solely on the empiricism of front-line personnel like us!"
After Sima Chang's flattery, the two of them could no longer refuse.
The two looked at each other and nodded to each other.
"Well, then we will express our humble opinions."
"But we are all theoretical people, so we should just listen to some opinions, and not just believe them!"
Sima Chang smiled with relief.
"That's good, that's good!"
"I don't know if the two elders heard our discussion just now. Do you need me to explain today's topic to the two elders again?"
Song Taian laughed immediately after hearing this.
"Hehe, no need, I still know a little bit!"
"Yesterday, the Jiangdong Provincial High Court tried a case, which was a very special legitimate defense case! It seems that the Supreme Court's Circuit Court approved the retrial, right?"
Sima Chang nodded.
"This case was indeed ordered to be retried by the Jinling Circuit Court. Yesterday afternoon, Jinling sent news that this case was very typical and worthy of our attention."
"After research, we decided to hold such a seminar!"
"It seems that Mr. Song is also concerned about this case!"
Song Taian smiled and said proudly.
"Haha, even though I'm old, I still care about real things! This is different from some bigwigs in the Legislative Yuan!"
Song Taian glanced at Guan Cangyue with ill intentions.
This made Guan Cangyue and Sima Chang look a little strange.
After talking for a while, Song Taian continued.
"Isn't the reason you held this meeting today because this case is inconsistent with the previous judicial interpretation?"
"In my opinion, this is very simple. Just change the judicial interpretation!"
Sima Chang said in surprise.
"Change it? But... the revision of the judicial interpretation is of great importance!"
"It is not just about this case, but thousands of similar cases in the future!"
Sima Chang said earnestly.
"So what? Didn't you watch the trial video?"
"That young man said it so well! The law should reflect the most simple morality and emotions of the people!"
"On the other hand, a law that does not reflect the most basic morality and emotions of the people is unreasonable!"
"If the legal interpretation is unreasonable, then we will revise the legal interpretation!"
"If the law itself is unreasonable, then we will revise the law as well!"
"Don't you agree, Commissioner Guan?"
Finally, Song Taian turned his head to tease Guan Cangyue.
As good friends for many years, Guan Cangyue and Song Taian often compete and tease each other like this.
Although he is used to it, Guan Cangyue still rolled his eyes at him.
Sima Chang, who was caught in the middle, looked the most embarrassed.
He said to Guan Cangyue carefully.
"Mr. Guan, Mr. Song suggested that we revise the legal interpretation, or...you can also express your opinion?"
Guan Cangyue nodded and said seriously.
"Okay, let me say a few words."
"The legitimate defense case heard in court yesterday has both its particularity and its typicality, so we need to look at it in two ways."
"It is special because the victim has been oppressed by evil forces for a long time and has been in a state where personal safety is not guaranteed."
"It is typical because the rapid economic development in our country in recent years has led to a huge gap between the rich and the poor."
"Such a gap between the rich and the poor has led to an unequal distribution of means of production between the poor and the rich."
"Unequality is likely to breed evil forces! And this kind of evil is evil against an unspecified group of people!"
"In other words, ordinary people who face similar oppression account for the majority, which is why this case has received widespread attention from the society."
"In view of such particularity and typicality, I think it is indeed necessary to legislate to regulate this kind of phenomenon!"
"Article 20 of our country's Criminal Law, the law on legitimate defense is obviously no problem."
"So to solve this problem, we still have to start with judicial interpretation!"
"I suggest that we make some detailed modifications and supplements to the judicial interpretation."
"This should give the people some confidence to resist oppression!"
"I also listened to some of the discussion you just had, and some comrades hold different opinions."
"We believe that hasty changes to the legal interpretation may encourage some people to take advantage of loopholes in the legal interpretation to intentionally kill people under the pretext of self-defense."
"This issue was actually considered when the legislation was originally enacted. It is precisely to prevent this phenomenon that we have strictly treated anti-killing behaviors in the past."
"But now it seems that this has become a shackles that hinders the victim's self-defense!"
"There is no perfect law in the world. Only by constantly improving and supplementing it and patching it can we make the law adapt to the progress of the times!"
"Patching the law based on the actual situation is a sign of progress in the legal system!"
"What we need to do is to be as cautious as possible during the patching process, and not to create a bigger vulnerability just to make up for one vulnerability!"
"Uh...that's all I have to say, you can just make up your own mind!"
At the end of the sentence, Guan Cangyue felt a little embarrassed when he noticed the respectful eyes of the attendees.
However, this made Song Tai'an on the side feel a little uncomfortable.
After all, what Guan Cangyue said did seem to be more advanced than him.
Song Taixin said.
You old man!
Just speak!
What kind of official tone are you talking about?
After listening to Guan Cangyue's words, Sima Chang nodded in approval.
He said with great respect.
"Listening to your words is better than ten years of reading!"
"We will seriously consider the opinions of the second elder. Thank you very much for today!"
The two of them waved politely again.
Then, Guan Cangyue said seemingly casually.
"We have already said what needs to be said, and the rest is your own business."
"However, I still want to give you one last piece of advice."
""I think you still need to pay attention to the lawyer Lin Hao who won this lawsuit! "
After Guan Cangyue finished speaking, Song Tai'an's eyes lit up.
"Lin Hao! Yes, that's Lin Hao! I finally remembered! It turns out that young man's name is Lin Hao!"
As he said this, Song Tai'an suddenly felt something was wrong and said in shock.
"Hey! How did you know?"
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