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

Chapter 45 When the law fights the law

"If I remember correctly, I seemed to have said before that the law is the law and life is life, right?"

"Seconded!"

"According to this theory, if the lawyer takes the initiative to bring up common sense now, wouldn't it be like shooting himself in the foot?"

"Although, didn't you notice that neither the prosecutor nor the judge spoke?"

"Looks like he's thinking."

"So what is legal logic?"

Suddenly involving professional theory, most netizens were confused.

Zhang Ziyu pretended not to see the barrage, quietly took out her phone and opened Du Niang.

After graduating so long, some things have long been returned to the teacher.

The fields involved in the usual cases are pretty good. The more you do it, the more you will become more proficient.

However, the legal logic that Ren Zhen is talking about is obviously a quite abstract concept, and it is basically a purely theoretical thing. Unless they are scholars who specialize in this field, ordinary legal practitioners will not deliberately study its concept at all.

Zhang Ziyu was considered a top student when she was in school, but she only had a vague impression of legal logic.

I quickly clicked on a few entries, and my little brain started to work like crazy to organize the language.

"Oh, it seems that there are quite a few water friends who don't understand this term, so I just saw it.

Then let me explain it briefly to you. "

Zhang Ziyu quietly put down her phone, her face full of embarrassment that she had just seen the barrage:
"Legal logic is a relatively abstract concept. Put it in our practice, in a word, it is the logic of applying the law.

Specifically, it is a technique for judges, prosecutors, lawyers and other relevant legal practitioners to apply general legal provisions to specific cases and form judgments and conclusions. Or it can also be understood as a methodology for using law to deal with problems. "

After all, the answer was just copied from Du Niang. Zhang Ziyu's answer obviously had a bookish flavor, lacking the usual easy-to-understand meaning.

Zhang Ziyu wiped away the sweat in his heart and secretly made up his mind to review all the basic theories starting from tonight!
"Hahaha, the bad girl was looking at her phone just now!"

"If you tell me or don't see through it, where are you going to put Yuanlu's face like this?"

"But I barely understood it, but why did Lawyer Ren suddenly mention this legal methodology?"

Selectively ignoring the barrage again, Zhang Ziyu looked back at the court hearing.

in court.

Wang Feng and Xu Yangfan had not spoken for half a minute.

Although they were not completely unfamiliar with the concept of legal logic, they did not realize for a moment. What was Ren Zhen trying to prove by mentioning this concept?
"Defender, please explain in detail."

Xu Yangfan rubbed his eyebrows and felt a little headache.

Why did a simple case suddenly become so troublesome?

"Okay, presiding judge."

Ren Zhen looked at Wang Feng, who had not yet come to his senses: "As we all know, if you want to identify a person as guilty, you must match the corresponding legal provisions with the person's behavior.

Under our country’s current criminal law system, it is our classic four-element theory.

In this case, the defendant Zhao Kai is suspected of dangerous driving. We need to match his drunk driving behavior with the relevant provisions of the crime of dangerous driving. Does the prosecutor recognize this? "

Wang Feng did not answer in a hurry, but thought about it carefully.

What is certain now is that the lawyer opposite is not a rookie as imagined, and every question must be treated with caution.

"no problem."

Wang Feng nodded slowly: "Objectively, Zhao Kai drove a motor vehicle drunk on public roads, and the object of damage was public safety. Subjectively, Zhao Kai did it intentionally, and he himself is a general subject of crime that meets the regulations." Wang Feng side Explaining is also sorting out your own thoughts.

Having said this, Wang Feng breathed a sigh of relief.

No problem, no pitfalls.

Immediately, the doubts in my heart became even worse.

What's the point of him asking such a question?
"So the prosecutor believes that Zhao Kai is guilty of dangerous driving. I think this is the whole reason for the prosecutor."

Wang Feng just wanted to say yes, that's my reason.

But Ren Zhen didn't mean to shut up, but continued:

“But let’s actually think about it at a deeper level. When the law stipulates that something cannot be done, it actually imposes corresponding obligations on each of us.

Let’s take this case as an example. Drunk driving will be punished. The legal logic behind it can actually lead to a conclusion, that is, according to the relevant regulations on drunk driving, each of us has a legal obligation to drink and not drive. "

Wang Feng nodded: "Yes, each legal provision will correspond to more than one aspect, but the legal logic behind it remains unchanged."

Judge Xu, who had been thinking silently on the bench, finally spoke:

"Defender, although your point of view is correct, we now need to discuss the defendant's drunk driving. Please do not involve opinions that are irrelevant to this case."

From the moment Ren Zhen said the words "emergency evacuation", Xu Yangfan had already realized that this lawyer was well prepared.

Although his intentions cannot be seen for the time being, Xu Yangfan believes that Ren Zhen is by no means aimless.

So she gave a gentle nudge.

On the surface, he was asking Ren Zhen to stop talking nonsense, but in fact, he was asking Ren Zhen to get to the point quickly and stop nagging.

"What are the four essentials?"

"Didn't I say subjectively and objectively before? I didn't listen to the class for five minutes, and the teacher just started talking from the first page to the last page?"

"It's so real! Me in high school math class"

"I just understood a piece of legal logic, but it turned out I didn't fully understand it."

Zhang Ziyu was very familiar with this person and was willing to explain, but the trial was still going on.

Ren Zhen's voice came from the live broadcast, making her give up the idea.

"Please ask the clerk to play evidence fourteen and fifteen."

As the screen scrolls, two pieces of evidence play on the screen in a loop.

"This is the ID card, household registration information of the defendant Zhao Kai, and the birth certificate, household registration information and personal test report of Zhao Cong, Zhao Kai's son. It can be proved that Zhao Kai and Zhao Cong are biologically and legally equal. The fact of being father and son.”

The sudden mention of two irrelevant pieces of evidence left everyone confused.

Especially Wang Feng.

There were these two pieces of evidence on your evidence catalog just now, but I didn't even bother to cross-examine them.

Wasn't it put there to recharge?

etc.
Wang Feng and Xu Yangfan thought of something almost at the same time.

Combined with the legal obligations mentioned by Ren Zhen just now, could it be...
Before they could figure it out, Ren Zhen gave the answer directly:
"According to the laws of our country, special status relationships between parents and children, couples, etc., have legal obligations to rescue each other. If encountering a crisis, organizations or individuals with legal obligations to rescue should provide timely rescue."

Looking at the thoughtful Xu Yangfan and the suddenly enlightened Wang Feng, Ren Zhen finally revealed his true intention:
"It is a legal obligation not to drive after drinking, and it is also a legal obligation for a father to save his son. So when the two legal obligations conflict, what should we do?"

(End of this chapter)