mortal train conductor

Chapter 97
Liu Qun went on to say: "Darwin's "Theory of Evolution" said well that human beings evolved from primates, and gradually had their own thoughts, which were divided into many branches. The phenomenon that human beings cannot do is attributed to GUI God.

Take the law as an example. In ancient times, it was related to witchcraft, and for a period of time, it was practiced as "judgement by the gods".In the primitive society, there was no statute law, but disputes among people were inevitable. Whenever the authenticity was unclear, people used witchcraft to ask the fair and selfless gods in people's minds to distinguish right from wrong. This is well documented in the legal history of China and the West.From today's point of view, this is pure ignorance and backwardness.

But it cannot be said that God’s Judgment is not beneficial at all. God’s Judgment is a concrete manifestation of early humans’ pursuit of fairness and justice. In the eyes of early humans, God is not only omnipotent, but also the defender and spokesperson of fairness, fairness, and justice. , God’s judgment made the justice in people’s minds manifested through gods, which not only gave the early human’s litigation a sacred purpose, but also put a sacred cloak on justice and law in a sense. Seeing the law as sacred and supreme also played an extremely important role.

But it is undeniable that in the judgments of the gods that exist in China and the West, there are some things that some magic sticks confuse and harm people in order to make money. It was discovered that the Zhanghe River burst its embankment and flooded the farmland all the year round.The local gentry and elders spread rumors, deceiving people that the reason for the Zhanghe River's bursting was that the river god was angry, and the people needed to sacrifice beautiful women to the river god. The sacrifices cost hundreds of thousands of money every year.Most of them were pocketed by the elders, gentry, and wizards of Ye County.All the common people's families have pretty girls, they will be taken away by them and sacrificed to the river god and drowned.These are also real.

However, in some places, gods use various methods to test whether the parties are guilty: usually there are tests of water and fire, for example, if the defendant is tied up and thrown into the water, the one who drowns is guilty; Or let the defendant or both parties put their hands into the boiling water pot to get something, or let them walk for a while with a red-hot thing in their hands to see if their hands are scalded to determine whether they are guilty.

In the Middle Ages in Europe, there were also judicial duels, that is, the prosecution and the defense parties had a duel, the winner was innocent and the loser was guilty.In fact, after the research of many experts and professors in later generations, the judgment of the gods is a judicial procedure that integrates investigation, trial, and punishment.But later, the political power was greater than the divine power, and the divine power was in a subordinate position, and the divine judgment fell. "

Wang Mengmeng said: "I probably know a little bit about this. In the feudal society, in order to establish and maintain the authority and ruling order of the feudal kingship, it is necessary to clarify who is responsible for endangering the safety of the kingship and their responsibilities. At this time, the concept of responsibility begins to develop. The facts of the case need to be ascertained in order to clarify the person responsible and their responsibilities, but it is clear that this task cannot be undertaken by a divine judge.

At that time, people also realized that under normal circumstances, the method of judgment by the gods has no necessary connection with the facts of the dispute. The truth and falsehood of the facts of the case have no logical and practical connection.With the development of social science and culture, and the improvement of people's cognitive level, people's belief in God began to waver, and people began to doubt the rationality and authenticity of God's evidence and judgment. "

Liu Qun added: "We all know that the highest ideal of law is to achieve justice, and justice has a very rich meaning. It is an irrational way of judging. It does not embody the truth and kindness of the law, nor does it achieve the beauty of litigation and trial. It is a true manifestation of the barbaric and backward state of the law at that time. A new type of litigation to replace the judgment of the gods."

Wang Mengmeng said: "Liu Che, your understanding of the law is really deep. No matter what you say, it can be related to the law. Even a superstitious thing like me can be related to the ancient law."

Liu Qun went on to say: "Actually, all my knowledge is also obtained from reading. Superstitious crimes are also reflected in modern Chinese laws. There is a special case called superstitious criminals in my country's current Criminal Law.

Superstitious criminals, also known as ignorant criminals, refer to the situation in which the perpetrator, due to extreme superstition, ignorance, and ignorance, adopts means or methods that do not have any objective basis, or that are unlikely to cause actual harm under any circumstances, to realize his criminal intentions.

The most typical superstitious criminals are based on feudal superstition and attempt to use supernatural powers to commit crimes, such as attempting to kill people by cursing, attempting to injure people by drawing symbols or piercing paper or straw figures with needles, and so on.

Superstitious criminals have criminal intentions subjectively, but their behavior does not have any social harmfulness, and does not belong to the behavior in the elements of crime, so it is not a crime.

Therefore, superstitious criminals belong to the category of thought crimes, because their own objective reasons cannot cause actual damage, so they are not punished.But in reality, if someone is cursed to death today, and the cursed person happens to die tomorrow, he cannot be convicted, because there is no way to prove the causal relationship between the curse and death.

However, if a superstitious criminal has caused certain damage, he must bear the responsibility, not because of casting spells, but because of the damage caused in the process of engaging in superstitious behavior, for example, the perpetrator cursed in front of the victim, causing the party to go into a rage and die. death, the perpetrator has to bear the responsibility, but this is not because he is a superstitious criminal and should bear the responsibility, but similar to "cursing the dead", he is angry at others, and generally only bears civil liability, but if he knows that the other party If you have heart disease, cerebral infarction, etc., and deliberately curse and curse, it is likely to constitute the crime of intentional homicide.Also, if you curse in front of the victim in public, the person concerned is likely to constitute a crime of insult. "

Wang Mengmeng said embarrassingly: "Liu Che, what you said is really good, but I didn't understand a word."

Liu Qun said: "To be more specific, for example, a superstitious criminal, Li Si, cursed Zhang San to be struck by lightning immediately. This behavior itself does not constitute a crime. Even if Zhang San was really struck to death by lightning after he finished cursing, Then he doesn't commit a crime.

But if he said in front of Zhang San that Zhang San was struck to death by lightning, and Zhang San happened to suffer from myocardial infarction or cerebral infarction and died when he got angry, then if Li Si didn't know that Zhang San If Li Si has a disease, he only needs to bear the corresponding civil liability; if Li Si knew that Zhang San had a serious illness from the very beginning, and specifically insulted and angered Zhang San, and wanted Zhang San to get sick and die, then Zhang San really got sick and died. If he died, Li Sihui would constitute the crime of intentional homicide.

In addition, Li Si cursed and insulted Zhang San and the public in public, and if the circumstances were serious, it would constitute a crime of insult.

Having said so much, my primary purpose is to let you get out of the misunderstanding of superstition. You can see that there are such clear regulations in the law. From this perspective, feudal superstition is definitely not a matter of one or two people, but a large part of it. People are all superstitious, and they are all specifically regulated by the current criminal law.And you are a highly educated person, I hope you don't become one of these people. "

"Liu Che, I understand. As a graduate student, my thinking is so ignorant and backward, do you despise me?" Wang Mengmeng said with his head down.

"Xiao Wang, people have gone through detours. As long as you can wake up in time, then there will be no problems. Don't get bogged down more and more." Liu Qun said.

Wang Mengmeng said: "Understood, boss, I will download 'Start Reading' when I go back today, read more books, and read good books."

(End of this chapter)