Tokyo Barrister: Start the law firm bankruptcy

Chapter 336 Read
Holding the remote control, Beiyuan stood in the courtroom and continued: "The first example given by the plaintiff's attorney just now can prove that different choices of punctuation will lead to differences in understanding of historical facts. Now I will give an example. Give a second example to show that differences in punctuation affect the interpretation of a character's sentence."

On the projection whiteboard, the second Chinese sentence is displayed.

Ten Chinese characters are displayed on the screen:
[The people can make it known but not know it]

The corners of Beiyuan's mouth were slightly raised, "This Chinese sentence comes from "The Analects of Confucius", and it was written by a sage. There has always been a huge controversy on the proofreading and interpretation of this sentence. The first point of view on this sentence is The way of schooling is - the people can let them know, but they can't let them know."

"According to the first method of counting. This sentence becomes the so-called ignorance of the people. That is, the people can only obey, but cannot have enough intelligence to understand the implementation of the law. Therefore, the attitude of the superior to the people is to control the people, such as It’s like shepherding sheep, just make the people obedient.”

"Under the first explanation, the sage becomes a bad person, a big villain who treats the people coldly and has no empathy."

"However, there is another way to correct this sentence. That is, 'the people can, let them know; If the people lack this ability, then let them live freely. In this way, the meaning of this sentence is no longer the so-called ignorance of the people, but to express Out of the thought of enlightenment."

The floating of punctuation on the projection screen created two sentences with completely different meanings in an instant.The audience in the court could not help being shocked by this extremely exaggerated effect.Under the first kind of correction, the commentator becomes a demon who advocates fooling the people, while under the latter kind of correction, the commentator becomes a saint who educates the people.

Just a change of punctuation marks can actually make the image of the commentator produce a completely different opposition.

Bei Yuan stepped forward and said, "In fact, there are as many as [-] kinds of proofreading methods for the Chinese characters of the cross, and there are many disputes. From the two examples cited by the plaintiff's attorney just now, it can be clearly demonstrated that ancient books Proofreading is by no means simply punctuating sentences in certain limited forms. This kind of punctuation actually reflects the author’s different understandings of historical facts and characters’ thoughts.”

"Considering that "A Journey to the Tang Dynasty in the East" is mainly composed of historical facts and dialogues between characters, there must be a lot of ambiguity and multiple corrections. However, the results of the defendant Fujimura's proofreading are exactly the same as those of Shimogawa, which is enough to prove that Fujimura plagiarized The plaintiff Shimogawa's check!"

Utsunomiya looked at the two sentences in Chinese written on the projection whiteboard, and his eyebrows were deeply knit together.

However, he had no way to refute the substance of Bei Yuan's speech.

This is because Chinese rectification is indeed beyond his scope of knowledge, and he cannot refute specific professional issues of rectification of ancient books.

However, this road does not work, there is another way!

Utsunomiya immediately stood up from the auditorium again, "Chief referee! The example given by the plaintiff just now is too special. There is no reason to think that every sentence in an ancient book will be as unique as the plaintiff just showed. Such a major controversy. The comparison report submitted by the plaintiff did not distinguish between them, and there is no way to prove the true repetition rate. Therefore, this evidence has not reached the corresponding standard of proof!"

"In that case." Beiyuan sneered, and then looked at the judging seat, "Chief referee. I am now applying to the court for a judicial appraisal. Sinology experts will compare the punctuation annotations of the two proofreading works. In this way, we can Knowing that there is a controversial part of the Tang Dynasty, whether the two proofs are the same. I think that under the judicial appraisal, an objective and fair result will be able to be obtained, so as to comfort the feelings of my party being deprived of the fruits of labor!"

"Wait!" Utsunomiya did not expect that Kitahara would suddenly request a judicial appraisal, and immediately said, "The request for judicial appraisal should be submitted during the period of producing evidence. Now that the period for producing evidence has passed, the plaintiff has no right to submit a request for judicial appraisal." Identification."

"Then what exactly does the defendant's agent want?!" Beiyuan's voice amplified a bit, "Since you questioned that the so-called comparison method is not scientific, why did you not agree to conduct a judicial appraisal? According to the Civil Procedure Law, Judicial identification can be initiated by the court ex officio. There is no legal obstacle to the initiation of judicial identification by the tribunal.”

Utsunomiya gritted his teeth.

Forensic identification is a very troublesome thing.

If the result of the final identification is not good for Fujimura, the consequences can be imagined.

Even if he wins the lawsuit, with this judicial appraisal, the reputation of Kyoto University will be seriously damaged.

Utsunomiya immediately decided to switch to the battlefield and not to entangle further on this topic, "The defendant is now making a second opinion on proof. The plaintiff's attorney just believed that the collation of ancient books was rearranging classical Chinese with modern punctuation. Such facts exist Gross fallacy."

"In fact, there are punctuation points in ancient Chinese, which is called "judu". It is a school counting activity unique to modern society.”

Utsunomiya's gaze became sharper, "The same is true for this case. There are currently 17 copies of Tang Ji, and two of them have sentence reading marks, namely Tang Qing's version and Mo Huayuan's version. The two versions It appeared in a book engraving workshop in Kyushu about 800 years ago."

"Considering that there are already two original texts in Tang Ji. The work of collation and proofreading of related ancient books has actually been greatly reduced. Therefore, it cannot be ruled out that most of the punctuation and sentence breaks in the so-called third draft of plaintiff Shimogawa's proofreading may be It comes from Tang Qing’s and Mo Huayuan’s editions. In the case that there are sentence readings in the original manuscripts, the defendant Fujimura may also refer to the sentence readings of the ancient manuscripts to make sentences. Therefore, the existence of repeated punctuation does not mean that Fujimura of my client is I copied Shimogawa's counting results."

"Moreover, on the contrary, in the case that the original version already has a sentence-reading mark, it cannot prove that the plaintiff's so-called proofreading results were completed independently, or that the sentence-reading marks from Tang Qing's and Mo Huayuan's books were not used. Therefore. , the originality of Xiachuan’s proofreading results is doubtful. A considerable part of the punctuation and sentences are already in the public domain and cannot be included in the scope of protection of the Copyright Law. Therefore, the relevance of the plaintiff’s so-called comparison report cannot be established. Exclude the sentence reading marks that are the same as Tang Qing's and Mo Huayuan's, otherwise the comparison results will inevitably be distorted!"

(End of this chapter)