Lawyer
Chapter 395
Chapter 395
Fang Yi was taken aback, and thought to himself: Old guy, you're really hurtful. Applying the provisions of the "Contract Law" to criminal cases, what do you think?The legislative intentions of these two laws are different, so how can you copy them? As a law professor, you have been practicing law all your life. You shouldn’t understand this truth. Isn’t this digging a hole for me?It's true that I bought my doctorate in criminal law with money, and my supervisor is a leader in domestic criminal law. I attended many seminars on such cases back then.
They're all foxes of a thousand years old, what kind of chat room are you playing with me?
"Professor Feng, according to your statement, the victim has the obligation to cooperate with the doctor for treatment. If the victim does not cooperate with the treatment, the consequences cannot be fully attributed to the victim Ms. Liu. Ms. Liu should only deal with the part that cannot be recovered through medical treatment and medical treatment I'm responsible for the expenses during the process. Is that right?" Fang Yi glanced at the name tag in front of the old professor, then asked with a smile.
The old professor smiled and said, "I'm just throwing bricks and stones to attract jade, to broaden our thinking, and let's discuss together."
Fang Yi sneered in his heart, the old guy is cunning enough, he has both ways!
"In my opinion, without Ms. Liu's harmful behavior, the victim would not need medical treatment at all, let alone the obligation to receive treatment. The logic of criminals setting obligations for others is inherently problematic.
The "Contract Law" is formulated based on the principles of good faith, good faith, and mutual benefit, while most criminal acts are malicious, self-interested, and unilateral. Transplanting the understanding of breach of contract in the "Contract Law" into criminal cases will inevitably lead to Ridiculous conclusion.
The victim's obligation to treat is neither statutory nor agreed, and the provisions on the abiding party in the Contract Law cannot be applied to criminal cases.
Therefore, I personally believe that the victim has no obligation to perform medical self-rescue after being injured, and his failure to actively receive medical treatment, physical therapy, and exercise does not constitute the fault of the victim.The victim, Ms. Liu, cannot therefore be exempted from liability for the extended injury.The safest defense plan in this case is the lightest defense, and the defense of innocence is impossible. "
Fang Yi thought, anyway, there are so many well-known lawyers present, the case must not be his turn, as for what the old professor thinks, he doesn't even care, an old guy who spends all day practicing in the ivory tower can have What's the future, let him go.He was in a relaxed mood and spoke objectively.
"I agree with Lawyer Fang's opinion." The female lawyer who spoke before immediately agreed.
……
After some discussions, the seminar finally formed three opinions. The first opinion is that Ms. Liu is not guilty; A lesser plea is recommended.
After the seminar ended, everyone took their money and left. Fang Yi also received a big red envelope and a set of tea sets from JDZ.
After the seminar, there were only three Secretary Wu left in the conference hall.
"Old Wu, the meeting has been held and the money has been spent. What should I do next? Really choose from this group of people?" Assistant Zheng looked at Secretary Wu with a cigarette in his mouth.
"Xiao Zhou, what do you mean?" Secretary Wu squinted at his assistant beside him.
Assistant Zhou has a quick mind and graduated from a prestigious school. He is Secretary Wu's think tank, but he is too greedy for money and wants to make a lot of money by opportunistically. He is in the same category as Secretary Wu.
"I have a suggestion..." After Assistant Zhou finished speaking, he looked at Zheng and Wu.
"Fart, let it go. It's all about your own people. We're not those experts." Secretary Wu kicked him and said.
"Okay, then I'll say it.
When I was holding a seminar just now, I made a recording.After I went back, I asked someone to sort out the opinions of lawyers and professors, and then took these opinions, found two small lawyers, and told them that there was a case entrusted, and asked them to defend according to the opinions we gave. ? "Assistant Zhou said.
"Well, it's a good idea to find a small lawyer to save a lot of money. But at present, there are three opinions in total. Which one should we use?" Secretary Wu looked at Assistant Zheng. Assistant Zheng made a final decision.
"It goes without saying, of course we can use the one that is beneficial to us." Assistant Zheng said without thinking.
"Okay, just follow what Assistant Zheng said. Xiao Zhou, you should start preparing. You have to settle down with Xiao Liu's parents. After contacting the lawyer, take them to go through the entrustment procedures." Secretary Wu said.
"Okay, don't worry, it will be done." Assistant Zhou patted his chest and said.
He had already thought about it, and turned around and dumped the audio and video recordings to his two high school classmates who were lawyers. Each of them would get 1 yuan in legal fees and get back a 20.00% kickback, absolutely no problem.
He knows the situation of those two students. They have just practiced for more than three years, and they have been running around to find the source of the case. They can't make much money all year round, and they are half-starved. .
To be honest, Assistant Zhou looked down on 120 of them, but he had to deal with them when they invited them to dinner, so he casually promised to help them introduce the case if he had the opportunity in the future, but he didn't expect the opportunity to come.
On this day, Fang Yi received a criminal case from the business group, which was a case of intentional injury causing death.In the afternoon of the next day, after Fang Yi had an interview with the family of the client, he began to make appointments with the detention center and the court to prepare for interviews and examination papers.
Two days later in the early morning, in the detention center, there was a beautiful woman sitting opposite Fang Yi. At this time, the woman had a haggard face, tears in her eyes, sobbing constantly, and began to tell her own story.
Her name is Chen Qingqing, and she sells clothes in a shopping mall in this city. She is not only beautiful, but also has a good figure.Once a girl is beautiful, there will be many suitors, just like a blooming flower will attract many bees.There are always suitors around, she can't help but feel a little arrogant, pick and choose, dazzled, seven or eight years have passed, most of the suitors back then were married and had children, but she was still single, so she couldn't help feeling a little disappointed.
Later, she met a handsome middle-aged man named Xu Wannian, who often came to the mall to buy clothes. Over time, the two became more and more familiar, and they left each other's contact information.
Later, the two often talked on the phone, and Xu Wannian often invited her to dinner, making it clear that he wanted to pursue her.Chen Qingqing was well aware of this, she wanted to stretch her, but she was afraid of stretching him away, she was not young anymore, where would she go to find such a handsome guy in front of her in a few years.
In this way, Chen Qingqing gave up the goal of looking for a tall, rich and handsome man, and planned to have a good relationship with the handsome guy in front of her. The two lived together after a short date.But within a few months, Chen Qingqing discovered a new problem. Xu Wannian had a family, his children were in kindergarten, and his wife and children were in other provinces. He found himself out of loneliness.
(End of this chapter)
Fang Yi was taken aback, and thought to himself: Old guy, you're really hurtful. Applying the provisions of the "Contract Law" to criminal cases, what do you think?The legislative intentions of these two laws are different, so how can you copy them? As a law professor, you have been practicing law all your life. You shouldn’t understand this truth. Isn’t this digging a hole for me?It's true that I bought my doctorate in criminal law with money, and my supervisor is a leader in domestic criminal law. I attended many seminars on such cases back then.
They're all foxes of a thousand years old, what kind of chat room are you playing with me?
"Professor Feng, according to your statement, the victim has the obligation to cooperate with the doctor for treatment. If the victim does not cooperate with the treatment, the consequences cannot be fully attributed to the victim Ms. Liu. Ms. Liu should only deal with the part that cannot be recovered through medical treatment and medical treatment I'm responsible for the expenses during the process. Is that right?" Fang Yi glanced at the name tag in front of the old professor, then asked with a smile.
The old professor smiled and said, "I'm just throwing bricks and stones to attract jade, to broaden our thinking, and let's discuss together."
Fang Yi sneered in his heart, the old guy is cunning enough, he has both ways!
"In my opinion, without Ms. Liu's harmful behavior, the victim would not need medical treatment at all, let alone the obligation to receive treatment. The logic of criminals setting obligations for others is inherently problematic.
The "Contract Law" is formulated based on the principles of good faith, good faith, and mutual benefit, while most criminal acts are malicious, self-interested, and unilateral. Transplanting the understanding of breach of contract in the "Contract Law" into criminal cases will inevitably lead to Ridiculous conclusion.
The victim's obligation to treat is neither statutory nor agreed, and the provisions on the abiding party in the Contract Law cannot be applied to criminal cases.
Therefore, I personally believe that the victim has no obligation to perform medical self-rescue after being injured, and his failure to actively receive medical treatment, physical therapy, and exercise does not constitute the fault of the victim.The victim, Ms. Liu, cannot therefore be exempted from liability for the extended injury.The safest defense plan in this case is the lightest defense, and the defense of innocence is impossible. "
Fang Yi thought, anyway, there are so many well-known lawyers present, the case must not be his turn, as for what the old professor thinks, he doesn't even care, an old guy who spends all day practicing in the ivory tower can have What's the future, let him go.He was in a relaxed mood and spoke objectively.
"I agree with Lawyer Fang's opinion." The female lawyer who spoke before immediately agreed.
……
After some discussions, the seminar finally formed three opinions. The first opinion is that Ms. Liu is not guilty; A lesser plea is recommended.
After the seminar ended, everyone took their money and left. Fang Yi also received a big red envelope and a set of tea sets from JDZ.
After the seminar, there were only three Secretary Wu left in the conference hall.
"Old Wu, the meeting has been held and the money has been spent. What should I do next? Really choose from this group of people?" Assistant Zheng looked at Secretary Wu with a cigarette in his mouth.
"Xiao Zhou, what do you mean?" Secretary Wu squinted at his assistant beside him.
Assistant Zhou has a quick mind and graduated from a prestigious school. He is Secretary Wu's think tank, but he is too greedy for money and wants to make a lot of money by opportunistically. He is in the same category as Secretary Wu.
"I have a suggestion..." After Assistant Zhou finished speaking, he looked at Zheng and Wu.
"Fart, let it go. It's all about your own people. We're not those experts." Secretary Wu kicked him and said.
"Okay, then I'll say it.
When I was holding a seminar just now, I made a recording.After I went back, I asked someone to sort out the opinions of lawyers and professors, and then took these opinions, found two small lawyers, and told them that there was a case entrusted, and asked them to defend according to the opinions we gave. ? "Assistant Zhou said.
"Well, it's a good idea to find a small lawyer to save a lot of money. But at present, there are three opinions in total. Which one should we use?" Secretary Wu looked at Assistant Zheng. Assistant Zheng made a final decision.
"It goes without saying, of course we can use the one that is beneficial to us." Assistant Zheng said without thinking.
"Okay, just follow what Assistant Zheng said. Xiao Zhou, you should start preparing. You have to settle down with Xiao Liu's parents. After contacting the lawyer, take them to go through the entrustment procedures." Secretary Wu said.
"Okay, don't worry, it will be done." Assistant Zhou patted his chest and said.
He had already thought about it, and turned around and dumped the audio and video recordings to his two high school classmates who were lawyers. Each of them would get 1 yuan in legal fees and get back a 20.00% kickback, absolutely no problem.
He knows the situation of those two students. They have just practiced for more than three years, and they have been running around to find the source of the case. They can't make much money all year round, and they are half-starved. .
To be honest, Assistant Zhou looked down on 120 of them, but he had to deal with them when they invited them to dinner, so he casually promised to help them introduce the case if he had the opportunity in the future, but he didn't expect the opportunity to come.
On this day, Fang Yi received a criminal case from the business group, which was a case of intentional injury causing death.In the afternoon of the next day, after Fang Yi had an interview with the family of the client, he began to make appointments with the detention center and the court to prepare for interviews and examination papers.
Two days later in the early morning, in the detention center, there was a beautiful woman sitting opposite Fang Yi. At this time, the woman had a haggard face, tears in her eyes, sobbing constantly, and began to tell her own story.
Her name is Chen Qingqing, and she sells clothes in a shopping mall in this city. She is not only beautiful, but also has a good figure.Once a girl is beautiful, there will be many suitors, just like a blooming flower will attract many bees.There are always suitors around, she can't help but feel a little arrogant, pick and choose, dazzled, seven or eight years have passed, most of the suitors back then were married and had children, but she was still single, so she couldn't help feeling a little disappointed.
Later, she met a handsome middle-aged man named Xu Wannian, who often came to the mall to buy clothes. Over time, the two became more and more familiar, and they left each other's contact information.
Later, the two often talked on the phone, and Xu Wannian often invited her to dinner, making it clear that he wanted to pursue her.Chen Qingqing was well aware of this, she wanted to stretch her, but she was afraid of stretching him away, she was not young anymore, where would she go to find such a handsome guy in front of her in a few years.
In this way, Chen Qingqing gave up the goal of looking for a tall, rich and handsome man, and planned to have a good relationship with the handsome guy in front of her. The two lived together after a short date.But within a few months, Chen Qingqing discovered a new problem. Xu Wannian had a family, his children were in kindergarten, and his wife and children were in other provinces. He found himself out of loneliness.
(End of this chapter)
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