Film Name:第二十条 / Article 20
Watching 《Article 20》 was a heartwarming experience.
It is not only a legal film, it is a film that belongs to everyone’s life.
Of course, Article 20 refers to Article 20 of the Criminal Law, that is, this provision of self-defence.
This article is so familiar and so strange.
The content is generally known, but how many of us really understand the essence of its meaning, as well as that heavy weight. When it hits a person’s head, it is a person’s fate, or even the fate of a family, as well as honour, dignity and freedom, which are the most precious things.
It affects a person’s sense of right and wrong and sense of justice.
Prosecutor Han Ming’s son, Han Yuchen, was sued to be detained for his bravery instead, causing big trouble for his family and making his parents stoop low to try to reconcile with others. By the time he is severely beaten by the punks, he is too afraid to fight back. Because he couldn’t be sure that if he fought back he would get his family in trouble again.
This makes people feel stifled, stifled because the concept of right and wrong is confused and the sense of justice is shaken.
Zhang Guisheng, as a bus driver, saw female passengers being harassed and bullied and stood up to them, but was rounded up and beaten. During the assault, he suffered a skull fracture as a result of fighting back against the unlawful assault. Zhang Guisheng’s counterattack was broken down into several stages to be examined and viewed, Han Ming said it started as a act of bravery, then turned into a mutual assault, and finally turned into intentional injury.
Zhang Guisheng’s family can’t swallow the bitter fruit, they want justice, and they can’t accept the conclusion of the judiciary, which is contrary to their common sense.
Zhang Guisheng’s daughter questioned Han Ming, if you were on the bus, what would you do?
We habitually and mechanically apply the law, the law becomes cold logic.
Feeling formally constituted, there are results, behaviour, intent, cut apart in a static specific picture, it seems to be in line with the provisions of the criminal law.
However, have we ever seriously think about the cause of the offence, an honest person why do you want to beat and kill?
The case has been handled more, we still have the patience to listen to the reasons for the offence, to find out the reasons for the offence, to appreciate the unsatisfactory aspects of the person concerned, and to save a sympathy of understanding.
> 1.Do you think all this is right?
This is the questioning issued by Prosecutor Lv Lingling.
At the time, she and Han Ming were arguing about what should be done in the case of Wang Yongqiang.
Han Ming cited a lot of cases that were originally handled this way.
Yes, it was done that way, but is it still the way to do it now? Is it always right to do it this way? Have we gone back to the essence of the law to understand the substance of the law.
We now know that Article 20 of the Criminal Law used to be known as the sleeping clause, meaning that the meaning of the law has been expressed, only that we dare not use.
There is a need for a continuous change in judicial philosophy.
That is to say, after the concept of legislation has been changed, the concept of justice may not be able to be changed in one step, and there may be bias in its application, setting up artificial conditions and thresholds, thus departing from the spirit of legislation.
Is this question not just a question of article 20 of the Criminal Law, and are there any other provisions lying dormant?
If our previous concepts have not been transformed and our previous application of the law is biased, then the cases handled under the guidance of such backward judicial concepts are bound to be biased as well.
If we follow the example of these cases to guide us in our present handling of cases, our concepts will only remain in place, making mistakes again and again, and continuing to let the law lie dormant, so that justice cannot be done.
Apart from this, there is also a lag in the law. Some legislation was fine at the time of its enactment, but as society develops, it may no longer be applicable to the new situation, and if it is still understood mechanically at this point in time, it is bound to be easy to depart from the trend of the times and be out of touch with the times.
Before these laws are amended, it is also necessary for us to take into account the framework of the legal system and the needs of the times to make new interpretations, so as to better meet the needs of the times.
For these cases, we should not copy the old calendar either. What could be sued in the past can still be sued today, and what could be ruled in the past can still be ruled today.
In this regard, judicial officers should have a certain degree of critical thinking, should dynamically and dialectically understand the essence of the law and the changes of the times, and constantly use common sense and common sense to correct our judicial philosophy, to meet the public’s ever-increasing demands for the rule of law.
At the same time, we also have to address the question of why we dare not try to activate the dormant provisions.
It is not easy to make a mistake in following the usual practice, or even if it is wrong, the responsibility is not big, because after all, there is something to rely on and refer to, and if you want to make a mistake, we all make a mistake, it is not an individual’s responsibility.
But if you make a conclusion that is different from the past, not only will you be questioned, but you will also bear all the risks, which requires great courage.
We should cherish and protect this judicial courage, not to let them also suffer injustice, so as to protect this judicial creativity and judicial vitality, have the motivation to promote the progress of the judicial concept. While solving the problem of mechanical law enforcement of an external nature, we should also solve the problem of mechanical law enforcement of an internal nature.
> 2.The law cannot bow to lawlessness
This is a line that appears many times in the film, and it is also the law enforcement philosophy of the prosecution.
In fact, this is also the simple concept of justice, the core essence of the concept of self-defence.
Why can’t you fight back when you are beaten, what is wrong with being righteous, why can’t you fight back bravely when you are repeatedly tortured and bullied, and when you are faced with significant personal safety?
Is it that whoever is badly hurt is justified, and whoever can make a scene is justified?
Justice should have its own backbone.
Although these people who rose up to fight back were not strong people, they might not have an advantage in terms of body and momentum, and they usually did not like to fight, or even could not fight, they had never been in a fight.
They still had an awe-inspiring aura because they firmly believed that they were on the right side, on the side of morality.
When Han Yuchen, a high school student, saw his bullied classmates in the toilet, he didn’t hide from things, he dared to hand his clothes to the bullied classmates, and he dared to confront them head-on even though the bullies were crowded and overbearing. He is a man. Such a child will grow up to be a person who does not hide from things, who is not afraid of things, and who is more responsible, isn’t that what we expect?
Bus driver Zhang Guisheng saw female passengers being bullied, did not pretend not to see, in age, physical fitness are not dominant, outnumbered, but still dared to step in, to the entire bus demonstrated. In the eyes of the passengers, in the eyes of his wife and daughter, he was a hero. Without such a man stepping forward, would the girl and the whole bus have been able to see justice?
In order to cure his daughter and borrowed usury Wang Yongqiang, in the face of the bully-like debtor repeatedly raped his wife, he was also repeatedly tortured, couldn’t stand it any longer to pounce on the debtor Liu Wenjing, Liu Wenjing threatened to go back to the car to get a knife and cut himself to death, can’t you not fight back to the death? As a man, a man, how else can you let him control and grasp his own limits and proportion.
Those who deny self-defence on the grounds of results, limits, urgency and the end of the aggression are being overly critical.
It is a way of judging the fear and panic at the time by the rational calmness and clarity and accuracy of hindsight, divorced from the particular circumstances of the scene of the crime, and a way of understanding human nature and the plight of man by the cold logic of law.
It is to look at the overall case in sections and slices, cutting off the causes and natural evolution of the case, so that the case is established locally but not as a whole.
This kind of judgement, which only looks at the part but not the whole and ignores the specific circumstances at that time, is bound to distort right and wrong and deviate from common sense and common sense.
This produces a wrong demonstration and orientation, so that the child learns that he can only be beaten and dare not resist, or try to see things to hide, so that as far as possible to be able to avoid trouble.
But in fact, it will not. If you don’t want to get into trouble, will trouble not come to you?
Just like Wang Yongqiang’s family, trouble comes from heaven and you can’t avoid it even if you want to.
When you see someone being bullied, you walk away. When you are being bullied, will others still come forward?
When someone is bullied on a bus, no one will do anything about it. What about when you are bullied, what about when your family is bullied?
People come to your home and bully you, what can you do if you can’t hide?
How can you live with your conscience?
The world never gets better naturally.
The law cannot give way to lawlessness, and what is advocated is a kind of courage, a moral strength to take responsibility, an aura of righteousness, a social righteousness.
When people are protecting themselves and others, we can not be too harsh.。
Only obviously more than necessary, at the same time causing serious damage to the results may constitute an excessive defence.
And in the stopping of murder, murder, robbery, rape, kidnapping and other serious threat to the person of violent crime, take defensive action, even if it causes injury or death of the wrongful invasion, also does not belong to the over-defence, do not need to bear criminal responsibility.
For these cases of self-defence, we can not artificially set up conditions, in the cause, time, object, results, limits and other conditions of judgment, we should adhere to the subjective and objective principle of consistency, put yourself in the shoes of the defender of the specific situation, can be identified as self-defence should be identified in a clear manner.
Neither in accordance with the mechanical law enforcement inertia, the application of the law, only results, or only practice; nor conservative determination, fuzzy determination, obviously should not be prosecuted by law, but leave room for relative non-prosecution or doubtful non-prosecution.
Our attitude in support of the law is not clear and unambiguous, the law will not dare to resolutely say no to lawlessness, it may give in to lawlessness and compromise, so that the purpose of lawlessness will succeed, so that justice cannot be promoted.
Courage is in fact very scarce and fragile.
Courage often does not come from reasoned judgement and careful consideration.
It comes from habit, sometimes even impulse and reflex.
This habit comes from a long process of creating and rendering the atmosphere of family, school and society.
If his father is a man of courage and is recognised by society, then he may follow suit because he too wants to be a hero.
But if his father was convicted and could not be corrected for his bravery, then he is bound to be hesitant to do so. Colleagues at his father’s company, family and friends, passengers who know about the situation, members of the public who have heard about the incident, and family and friends of these people will then spread the idea through their own social networks that they should mind their own business.
Why is it so difficult to awaken the provision of self-defence? Because it is not something that can be solved by one or two cases, it requires a thousand cases, and it requires the concept of self-defence to become a consensus, to be deeply rooted in people’s minds, to become a social habit, and then further to become the subconscious and intuitive response of every person.
Let the majority of people have the courage to take action, the courage to take charge, the judiciary must be unswerving and consistent support for self-defence and courage. In this way, individual courage to become habit, habit to form a culture, so that the wrongdoing of everyone shouting, reaching out may have to pay the price, and can not be held hostage to any interests through the cost. And society can reap the dividends of harmony, that is, to reduce the cost of social governance, improve the output benefits of legitimate behaviour.
Let the law to lawlessness step not let, lawlessness will be difficult to move.
When there is no market for lawlessness, justice will prevail.
> 3.We don’t work on cases. We work on people’s lives.
This line, which appears twice in the film, has now become the consensus of the legal profession.
The so-called mechanical law enforcement is often also brought about by a kind of professional fatigue of assembly line operation.
After many cases, one becomes numb. Just about the same, why compete?
A lot of people feel that Lv Ling Ling is too hard, two times back to make up for not prosecuted, but also have to find what knife, find what witnesses. Obviously there is CCTV footage why go to so much trouble? Why do you want to upset everyone, the case is delayed.
Because Lv Lingling did not simply take it as a case, she knows that this case will affect Wang Yongqiang’s life, but also affect his family’s life.
And this case is not that simple, it is not the same, it can not be simply concluded to prosecute.
Why does she care about the knife?
Because if the knife did exist, it would mean that Wang Yongqiang’s defence was valid, and that Liu Wenjing, the debtor at the time, was not only threatening to hack him to death, but that there was a real possibility that he would do so because there was really a knife in the car.
Coupled with the fact that LIU Wenjing had consistently abused WANG Yongqiang and raped WANG Yongqiang’s wife, it is evident that his violence was consistent. Especially when Liu Wenjing had been infuriated by the fact that Wang Yongqiang had dared to resist pouncing on him.
Wang Yongqiang has been bullied by Liu Wenjing and is very sure of the violence Liu Wenjing is about to commit; if he is killed, his wife will be subjected to even more unscrupulous ravishment. Under the effect of panic and panic, Wang Yongqiang used the family’s scissors to stab Liu Wenjing several times, resulting in Liu Wenjing’s death a few days after being sent to the hospital.
If you want to say that so many stabs were completely devoid of emotions, surely no one would believe it.
But these emotions are mixed with the fear that Liu Wenjing will take the knife to kill himself, this is a kind of nervousness, fear, venting mixed and intertwined subjective state of mind.
Although there were many wounds, none of them were deep enough to be fatal, so it is clear that the behaviour was not completely uncontrolled.
We can not be harshly required to Wang Yongqiang in the defence of a repeated rapist of his wife, but also completely free of hatred.
We also can not be critical of Wang Yongqiang stabbing too many knives, who can determine how many knives with a pair of scissors to ensure that the other side is completely unable to resist.
Don’t forget that the other side is Wang Yongqiang directly chained to the chain, how much violence is required.
It is also this knife is too critical to let Liu Wenjing family this side to transfer and abandon.
In order to find this knife, but also to find witnesses who have seen the existence of this knife.。
At the same time, it is also necessary to find Wang Yongqiang’s wife to confirm that this has been the violence and rape behaviour.
Confirmed these in order to prove the cause and urgency of the defence, so that the chain of evidence of self-defence is linked together.
And Liu Wenjing’s family this side is to do everything possible to destroy the evidence, or to reverse black and white.
Many episodes of the film reflect this battle for evidence.
Why did Han Ming and Lu Ling Ling fight each other to the death for evidence?
In order to clear Wang Yongqiang’s name and give Wang Yongqiang’s family a clean life.
Where is this a case, this is someone else’s life.
By letting go of the case easily, it can be prosecuted and sentenced according to the usual practice, and the case can be dealt with, but the family of WANG Yongqiang will be buried.
Why did WANG Yongqiang’s wife jump off the building? Because she could not bear the thought of forcing herself to tamper with the evidence with her children, and in that case she would have put her husband in harm’s way and ruined the innocence of the family. She would rather die than keep her and her family’s innocence, even at the expense of her underage daughter.
Is innocence important? Sometimes it is more important than life.
Because it is right and wrong, it is justice, it is the heart.
Why do we say that what we do is not a case, but someone’s life, because it is about right and wrong, justice and the human heart.
It is not a task, it is not a job, it is someone else’s life, and we must put someone else’s life in our own hands to weigh it, and we must use our criminal recourse very carefully.
Only goodwill can convey goodwill, while malice can only be exchanged for malice.
Respect and understanding are both two-way, only the judiciary from the heart respect and faith in the law, according to the law, undaunted by the thousands of difficulties and dangers of impartial law enforcement, will let the public faith in the law, believe in the law, believe that the spirit of the rule of law can be certain to achieve.
The law is not cold logic, the law is justice.
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