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

Chapter 255 Although I can’t come, my heart longs for it

“Looking purely at the number of crimes, this approach is obviously more protective of people, but from the perspective of basic sentencing, there is a serious imbalance between the two crimes.

In addition, we can also look at plant-related crimes. Our country’s criminal law also stipulates the crime of endangering national key protected plants. Anyone who violates national regulations and illegally logs or destroys precious trees or other national key protected plants shall be sentenced to fixed-term imprisonment of not more than three years. Criminal detention or surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

It can be seen that for the same purchase and sale of plants, the same crime and the same penalty are imposed, with a maximum sentence of seven years.

We usually think that the purpose of law will eventually return to humans, so humans should be higher than all animals and plants.

Therefore, the maximum penalty for the crime of bribing women and children is three years in prison, which is hard for me to accept, both from a theoretical and emotional point of view. "

Seeing Bai Jiasong looking over, Ren Zhen scratched his head.

I feel like there’s nothing left to say, I’ve basically said it all.

"Professor Bai compares animals and plants with humans. I can't argue with this, but when we look at the punishments corresponding to several crimes together, we will come up with a logic.

For example, if you compare the laws on buying parrots with the laws on buying people, you will come to the conclusion that the punishment for buying people is too light, and you will come to the conclusion that people are inferior to birds.

But in fact, this logic can be reversed, that is, why don't we think that the crime of buying parrots is too severe, and that the laws on buying parrots should be revised?

I think the biggest trap here is that with the same logic, but our base points are different, we will come to completely different conclusions. If we rush to amend the law at this time, we will fall into chaos. "

Ren Zhen heard another sigh in the audience and knew that this view aroused opposition from some people.

He smiled bitterly in his heart, knowing that this was inevitable.

After all, when comparing humans to parrots, humans will naturally choose the direction that is beneficial to them.

“Personally, I am not opposed to changing the law, I just don’t agree with two points.

First, propose to revise the current law before you have fully used it.

Second, the amendment was proposed without fully assessing the risks of the amendment.

I think that according to the provisions of our current laws regarding the crime of bribing women and children, although there may be deficiencies of one kind or another in practice, they are not so desperate that there are huge flaws and injustices that cannot be solved by exhaustive explanations. "

When Ren Zhen said this, someone in the distance shouted: "Then how do you know that the current law is not wrong? If the law is inappropriate, shouldn't the law be revised?"

Upon hearing this, the expressions of the three people on the stage changed.

This lecture is for everyone to listen and learn, not for you to argue.

"Then I would like to ask this student to think about it. If you don't work hard to find ways to implement it and test it, how can you conclude that this law is not suitable for the current situation?

If you think like this, then maybe every law can be changed, even every day.

But the question is, after the law is revised, will the problem be solved? "

Seeing that Chen Guangming and Bai Jiasong didn't look right, Ren Zhen answered the question first.

If they were allowed to come here, they might directly call the student who made the argument.

"The discussion about this crime has actually been very detailed today. As an invited guest, I will summarize it a little bit."

Ren Zhen saw that Chen Guangming and Bai Jiasong had no intention of talking, so he was ready to end today's exchange:

"First of all, starting from the nature of the crime of bribing women and children, I think it is actually a preparatory crime for rape, intentional injury and other crimes. From this perspective, if the perpetrator does not commit subsequent serious crimes, Under the law, he will be sentenced to fixed-term imprisonment of less than three years, criminal detention or surveillance, which is basically a punishment worthy of his crime.

Secondly, from the perspective of prevention and economic benefit analysis, the deterrent effect of criminal law does not of course apply to all criminals and crime types. When the buyer’s interests are large enough and the probability of being severely punished is small enough, even if It does not make much sense to raise the penalty in the criminal law to life imprisonment or even death.

Finally, judging from the current status of judicial practice, especially in areas where there is a bad habit of buying women, we have to admit that the current penalty for this crime may be lighter, but it is precisely this light penalty that gives local relevant personnel a chance to file a case. processing, and at the same time, a space that can cope with the local reality. Objectively speaking, it provides a greater possibility for rescuing trafficked women.

If the penalties for bribery of women and children are really increased, it is entirely possible that the sentences on paper will be reduced, but the actual crimes will be hidden.

Finally, what I want to say is that our discussion today is entirely from the standpoint of a legal person. Maybe everyone agrees with my point of view, and maybe some people disagree with my point of view.

But this is not important. What is important is that we should first stand within the current legal framework and whether we can solve the problem through law enforcement and judicial links, instead of thinking about amending the law whenever we encounter a problem and let the law serve us. It's more convenient for me to use.

The difference between us and other non-lawyers is that unless there are huge intolerable loopholes or flaws in the law, we will not rush to amend the law, because we should know that there is an inevitable relationship between the stability and credibility of the rule of law and reform and amendment of the law. There is a conflict.

The public does not need to take this into account. They can freely propose changes to the law according to their own ideas, but lawyers should think more, because directly killing disgusting objects can indeed relieve our anger, but venting anger It cannot solve the common problems in reality.

In fact, everyone here should know from the first day of studying criminal law that there are too many problems in the world that cannot be solved through law, especially criminal law as a last resort. It can indeed play a certain deterrent effect, but it is not enough to solve all problems. problem, otherwise our world would have been clear.

Bribing women and children is one of the ugliest phenomena in our society. I don't agree with increasing the penalty. It doesn't mean that I don't hate this kind of behavior, but I think it may not be effective.

Because the essence of this crime lies in people's ignorance and backwardness, and such problems obviously cannot be solved through law.

Therefore, when it comes to buying abducted women and children, we must recognize the current reality, find ways to solve it from the root, and be mentally prepared to fight these bad habits and crimes for a long time. "

clap clap-

Chen Guangming was the first to applaud, followed closely by Bai Jiasong, and then the entire lecture hall gradually burst into endless applause.

"For today's discussion, it is normal for everyone to have their own opinions. No matter how much truth is there, we have to admit that our cognitive ability is limited, so we hope that everyone will not attach any importance to the position that they value. the value of."

Chen Guangming picked up the microphone, obviously ready to end this debate-like lecture:

“For worldly issues, we must learn to get rid of reliance on a certain kind of one-sided thinking. If we do not abandon human conceit and arrogance, it will gradually evolve into prejudice and stupidity.

Regarding the problem of buying abducted women and children, there must be deontology, utilitarianism or other arguments, but heavy social problems are never just games on paper.

Lawyer Ren just said something very good. Criminal law is only the last resort for social governance. It can solve very few problems. It is obviously unrealistic to imagine that problems can be solved by simply increasing the penalties for bribery of women and children.

But Teacher Bai's point of view is also correct, that is, the criminal law still needs to do something.

The law is constantly innovating and the rule of law is constantly advancing. Just because we can't achieve perfection doesn't mean our efforts are worthless.

We can't draw a perfect circle, but it doesn't mean that a perfect circle doesn't exist, even though we can't really aspire to it. "

"Today's lecture is almost here. I know that some students regard lawyer Ren as their idol. You can ask a question."

Bai Jiasong picked up the microphone: "Ask me the question you most want to ask." Bai Jiasong was only halfway through his words when almost all the students in the room raised their hands.

"Then let's take the 13th classmate in the 14th row."

Bai Jiasong ordered one casually.

A short boy stood up: "Lawyer Ren, I'm a freshman this year. Actually, there's a question I haven't figured out yet, and that is why do lawyers defend bad people?"

Bai Jiasong raised his eyebrows and randomly named someone. This guy really asked a question of a high standard.

"Before answering your question, I would like to ask this classmate, what kind of person do you think is a bad person?"

Ren Zhen smiled and asked.

"As far as the law is concerned, those who break the law are naturally bad people."

The boy answered without much hesitation.

"Then how do you tell whether a person has broken the law?"

Ren Zhen asked next.

"He was arrested by law enforcement agencies, so that should be a violation of the law, right?"

Faced with this question, the boy seemed to have already thought of something, and his answer began to lose confidence.

"Actually, after asking this question, I believe everyone already has the answer."

Ren Zhen smiled and said: "Why defend bad people? Maybe some people will give the answer, it is for money.

This answer is certainly not wrong, but if this is the only answer, I think the profession of lawyers, or even all professions related to law, will not be respected by people.

Therefore, this student’s question was actually not rigorous enough from the beginning, because legal people do not distinguish between good and bad people. Legal people only distinguish between guilty and innocent people. Lawyers do it, judges do it, and prosecutors do it.

You may not have studied it in your freshman year this year, but as long as you study the Criminal Procedure Law, you will know that anyone who has not been tried by a court should be regarded as an innocent citizen by law, so you often hear a sentence on TV The word is called 'criminal suspect', why not a criminal? Because the court has not yet heard the case, he is only suspected at this time.

Even if the surveillance video shows him killing someone with a knife, he cannot be the criminal. Maybe he has other plots? Maybe he was acting in self-defense, right? "

The boy who asked the question had already sat down silently.

"Many people who don't understand the law are also interested in this question. This question actually implies that people think that lawyers should not defend bad people.

However, people often make judgments about good or bad based on their own cognition and moral emotions. If they really do not allow lawyers to defend the so-called bad people based on such judgments, sometimes the criminals may indeed not be defended, but it is also completely There is a possibility that the bad guy who was pointed at and scolded by everyone was unjustly accused.

So for these people, if we don’t let lawyers defend them, how do we know that they have been wronged? "

Ren Zhen thought of the first case she worked on after coming to this world. When everyone thought Wen Xuan deserved to die, if no one defended her, would she have to stay in prison for the rest of her life?

"And there are differences between crimes. If you students have the opportunity to become lawyers in the future, when you defend your client, you will find that you not only have to judge whether he has committed a crime or not, but also what crime he committed if he did. After determining what the crime is, one must also determine how serious the crime is.

Crime and non-crime, this crime and that crime, light crime and serious crime. When you can accurately give the answers to these three questions, I believe you will also know why people who have committed crimes should also get a lawyer. defense. "

Ren Zhen nodded towards the classmate, signaling the end of the answer.

Pah, pah, pah, pah—

Applause broke out instantly.

Many people here can answer this question, but as a special guest sitting on the stage with the two professors, and as a young lawyer who is about the same age as them but has a brilliant record, Ren Zhen still got these students recognition.

"Lawyer Ren, today's discussion really benefited me a lot!"

In the office, Bai Jiasong held Ren Zhen's hand tightly, "But I still insist that the penalty for this crime should be increased."

"I have benefited a lot."

Ren Zhen smiled bitterly, "Similarly, I still think it is not appropriate to increase the penalty for this crime for the time being. I think we have to proceed from reality and simply revising the law is not advisable."

"Okay, okay, we've been discussing it for a long time, let's put this issue aside for now."

Chen Guangming interrupted them, finally ending the debate.

one year later.

Chang Jiahang opened the door excitedly and came in, placing the freshly issued practicing certificate on Ren Zhen's desk: "Ren Lu, I passed!"

"It's been a good time."

Ren Zhen didn't even bother to raise his head: "Go to Wei Lu to go through the formalities. Starting today, you can practice independently."

"Huh? Can't you be happy for me?"

Seeing that Ren Zhen's reaction was so bland, when I thought about it again, I couldn't follow Ren Zhen on cases in the future. Chang Jiahang felt a little lost for a while.

"I'm happy. Does it have to show on my face to be happy?"

Ren Zhen smiled and drove him out.

It has been two years since I came to this world, and every case I have experienced has been wonderful.

Sometimes Ren really wonders if this is just a dream.

After all, he seems to have really done it, ensuring fairness and justice in every case he handles.

Although the world in the dream is still fragmented, it is still beautiful.

(End of this chapter)