Zou Jiaming, Ph.D., visiting scholar at Oxford University, and director of Beijing Hechang Law Firm, published "The Judicial Dilemma Behind "No One Is a Boy", an article commenting on the judicial dilemma that others may face in the Tangshan BBQ restaurant incident.
She believes that the law has an obvious guiding role in the behavior of the public, but law enforcement is the real law that the common people can see.
If the determination of the "necessity" of justifiable defense in judicial practice is too strict, it will lead to "whoever kills and hurts is justified" and "whoever can make trouble is justified", which will seriously harm the simple concept of justice of the common people.
The case of group beating of women at a barbecue restaurant in Tangshan, Hebei shocked the mainland, and many artists spoke out one after another. When Jackie Chan criticized the incident on Weibo on the evening of the 11th, "only girls stood up to help each other throughout the whole process, and all the men onlookers were indifferent."
Director Tsui Hark also used Jackie Chan's Weibo account to speak out. He criticized in a long article, "As a Chinese, under the rule of law, such terrifying scenes of bullying and cruel torture appeared. A few strong men. They shot together, and every time they shot, they attacked as if they were going to take the opponent's life. What is even more incomprehensible is their unscrupulous attitude, what era is this?"
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Faced with the question of why "no one is a man" in the Tangshan BBQ restaurant, Zou Jiaming believes that it is easy to use a moral stick to preach, because no one can "justify and speak strictly" because no one is in the scene of drawing a knife to help in the face of injustice.
However, those who truly stand up for justice must bear the possible consequences themselves.
Not to mention the risk of being injured, or even disabled or killed, the fact that netizens believe that "mutual fighting" is indeed a situation that exists in reality.
She pointed out that if the other party made a big fight because of an offensive word, or if the other party molested the other party and maimed the other party in order to relieve his anger, he would upgrade the "protection" to "revenge", and the nature would be completely changed. Advocated; if serious consequences are caused, the responsibility cannot be exempted.
The more typical cases in reality are: thief burglary, caught at the scene, and the owner beats the thief seriously in order to relieve his anger, which will also be regarded as the crime of intentional injury in law.
All in all, if the other party is at fault first, it does not mean that you can do whatever you want, and everyone's behavior must be within the scope of the law.
She believes that acting bravely for righteousness is an act advocated by law.
However, the law also requires that those who stand up for justice must maintain the necessity when they act, that is, it is necessary to prevent the victim and himself from being physically harmed.
Only under the premise of "not obviously exceeding the necessary limit and causing serious damage", does it constitute a legitimate defense and does not bear criminal responsibility.
The "necessary" requirement of the law on righteousness is to prevent uncontrolled behavior from triggering the proliferation of lynchings, which are a potential danger to all.
She said that when the two sides fought fiercely and their lives were at stake, it would be reluctant to ask the perpetrator to maintain calm and restraint like an outsider.
The specific situation must be considered, and the principle of protecting the righteous and the innocent party must be the principle.
She said that the law has an obvious guiding role in the behavior of the public, but law enforcement is the real law that the common people can see.
Therefore, in order for a "man to draw his sword when he sees an injustice", the judicial organs must avoid the tragedy of "heroes shed blood and tears", relax the "necessity" criterion in self-defense, and do not allow the tragedy of the Tangshan girl to be beaten up again.
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