Application of "criminal law" Chinese with China language speech -- about "criminal law" the 20

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  • / Author: Aaron Lewis
Application of "criminal law" Chinese with Chinese language speech
-- about "criminal law"20The justifiable defense who cheat who question the best in all the land sophist, and can not be used to replace the law of legal research, more cannot use foreign legal instead of Chinese law
Dragon fly
 
AreThe school of Athens person oldfrankly this guy out of bad, he disrespect for the law authority, wrote "Ma Kechang to tell a dirty", I followed him to write a blog, has a still unfinished written polemics. This thought that will not cause a problem too big reaction, I have written three posts. At first, in answer to his "saw the arrow and half -- after reading the school of Athens oldfrankly post feeling, and the judge can not explain the law (nine)"[1], then reply to the Liang Jianbing's "the Liang Jianbing blog for you about legal interpretation of the arrow and later"[2]The reply is, closest toProtagorasThe "Don't be fooled -- law and jurisprudence foreigners about justifiable defence should Athens person Protagoras"[3].
Mr Protagoras may in the China criminal law scholars have a position, the following is his and we have no aura:"Soochow University Professor Kenneth Wang law school, law professional master's tutor, the incumbent vice president of professional committee of Chinese legal logic, three IPCC", a prolific author and award-winning. His real strength lies in his logic may,"Case history: Western classics and logic", "cognition", "case and the logic of criminal evidence and logic of science", "in the cultural conflict in the legal reasoning" and so on the characteristics of support him.Protagoras,It was named the best in all the land of sophistry master of ancient Greek Sophists philosopher Protagoras also. He took his disciples lawsuit must have a contract with the other party, students pay half the tuition fee, after graduation, appeared in court for the first time when the other half tuition in delivery. Students after graduation has been reluctant to Outileshi lawsuit, certainly not to the other half tuition, Protagoras decided to sue him. The teacher said to the students: if you win, you should pay fees according to the contract agreement; if you lose it must according to the court to pay the tuition. No matter win or lose, you have to pay me the other half tuition. Students give tit for tat: if I win, I don't have to pay court; if I had, according to the contract I do not pay tuition. Both sides are starting to doubt the authenticity to the premise, I got the two completely opposite conclusions, this is the famous "paradox of protagoras". This shows that the paradox, as a special form of thinking, is closely related to sophistry, paradox can provide some beneficial enlightenment for the development of human thinking and scientific theory, can also provide argumentation tools for some theorists of sophistry.
 
ChineseProtagorasAlso quickly showed its superior logic ability. His message in my article below, the first sentence is, "the most bad is his own Huyou", it is Zhao Benshan and Xiao Shenyang's true. His words don't explain, I can understand, he said this is my own view is not clear, entered the logic confusion, confusion circle.
He then said: "you write so much, not points. I only justifiable defense concept on your interest, Deng Yujiao case can also discuss." Suddenly he had a large circle, put me in6000The word was not lost. In fact, he also used theProtagorasSophistry of the law, my whole texts are in answer to his last question, and give him leave a reply to my space, don't think he has now slipped to the side, don't take that, only put the question to "self-defense" this concept, is tantamount to giving me a new. All this is with our ancient sophistry, a white horse is not a horse of carry forward their weapon gongsunlongzi like, changed the subject, the concept of change. BlogWellstab Early to see this point, he wrote in the message: "I think you are talking, did not discuss the problem at the same level."
Now, I andProtagorasIs not on the same platform, but the high and low points, there are at least two aspects I than he. He is a criticism I don't understand the criminal, he knows the criminal law. The two is that he is China of Protagoras, this name is synonymous with the logic of sophistry, visible too seriously as his logic foundation.
But, since he changed tactics, out of new tactics, I'll have to take. Ignorance is fearless, we had in this both sides with an open mind to the experts for advice, see an expert how to teach us.
 
Now, we return to the "criminal law"20Line up.
My view has always been, "China's criminal law article20All contents are the provisions of justifiable defense. The first definition of the condition of justifiable defense, the second paragraph about excessive defense still belongs to the scope of self-defense, the third paragraph about the special defense is still justifiable defense."
　　ProtagorasI observed, "the first is to define the condition of justifiable defense" is obviously a mistake (this is what you can't clear), as is a prerequisite condition that you stand for self-defense, but if so understanding, the first definition is justifiable, reaction behavior is justifiable defence -- you see you wrong how far.
About "criminal law"20In the first paragraph, now again: my point of view, the first is to define what is justifiable defence, or is to define clear connotation of justifiable defense, justifiable defense. The need to clarifyProtagorasSeveral mistakes in this sentence: first, I'm not talking about "justifiable", I mean the first is to define the justifiable defense. Second, I don't own a new "self-defense", nature also won't have my so-called premise, I'm talking about the "criminal law"20Justifiable defence as stipulated. SoProtagorasSaid my logic errors in fact does not exist, the truth is that he misunderstood my point of view.
 
Next.ProtagorasCriticism and I said, "the German scholars view this study science, how is the flicker, don't, you will also be your view registered as independent invention of intellectual property rights? Maybe this is the only way to explain what you dislike the German scholar viewpoints, the best there have been no German that kind of expression (so you want is wrong translation), only my first to invent -- this attitude, belonging to the bad state of mind."
ProtagorasThat was his first gives us a justifiable defence of foreign criminal law theory: "the justifiable defense can be divided into (1) hindered (i.e. elimination for defense and ()2) from (i.e. latitude) of excessive defense, unlimited defense law belongs to the former; there must be (further3) not exempt (but still moderate excuse the excessive punishment scale). In this context, we can clearly see the two kinds of justifiable defense concept: one, belong to the (1Justifiable defense situation), the rest is corresponding to the excessive defense. Two, belonging to the (1()2()3Justifiable defense situation), which is based on the objective existence of defense scenario or obstructing the conviction, or exoneration, or condoned fixed penalty defense. In this concept, excessive defense is not contradictory concept, but the concept. In a word, the word "self-defense" (note the word), which can express two different concepts: just as innocent defense, justifiable defense (condition of justifiable defense may be due, probably, when)."
    This paragraph of word, I had to read a few times, I really don't understandProtagorasThe criminal law, this passage gives person's feeling is in the clouds. I am suspicious of this paragraph of the translator have a foreign author's meaning to understand. Also suspected of foreign writers "invaluable advice" as a standard China jurists are clear no foreigners thinking is clear, no foreign moon Is it right? Than China circle? Doubt it is talking about China, or foreign?
   I'm not refused legal theory in foreign countries, foreign law, law, the case can provide a reference for the legislation, Chinese undoubtedly, role of foreign law, laws and case in this regard is huge. However, in Chinese, research on justifiable defense Chinese conditions, to use Chinese context, China law, foreign context do not, the foreign law. This is the basic starting point in the China engaged in legal research. Foreign legal and foreign corresponding, take it to explain Chinese law, is not irrelevant. This is not my state of mind, on the contrary, it is need to people at every turn to foreign "master" theory to deal with the judicial practice Chinese specific about psychology, think about, why talk about specific cases without facts and law, always tell the jurisprudence, legal China finished speaking the foreign law, and then turn to foreign law, the foreign case law. Of course, I did not sayProtagorasSuddenly we mean, I mean don't Chinese legal and judicial practice, do not be Huyou foreign theory. Of course, if the said legislation or amend the law, I am quite willing to refer to foreign law, laws and case.
 
Then, I wasProtagorasLesson, "you say is' incident 'confused, so I really want to say you do not understand the criminal law. The criminal law negates the subject, also called a surface crime decriminalization or legalization, etc.. Talking about the justifiable defense, but be obstructed (i.e. criminal charges the deterrent) confused, what are you doing here. This is what we need to guide you, discussion based on academic knowledge, not our general basis for dialogue?"
It is also used in foreign countriesProtagorasAnd Chinese ancient gongsunlongzi that set, concept. I said, "how is the science of criminal law?ProtagorasGive us a prescription is used"Obstructed"This concept. This is really put my ignorance of the law of people confused. I want to ask, 'incident' is the concept of foreign criminal law, or Chinese concept of criminal law? If the concept of foreign criminal law, jurisprudence is belongs to the criminal law, or the law school? Critics when speaking there is no clear criminal jurisprudence and legal? When discussing the many cases, I found that many famous greats master often hide and seek the concept of playing with people, when they speak of the law jurisprudence to wrangle and, when this Chinese law they use foreign law when the doped and Hu, speaking Chinese jurisprudence they use foreign legal replace. They forget, this is in China, discussion of criminal justice practice Chinese, it is not a theoretical problem, not legislative problems."
Said bluntly, we do not know what is "obstructed", and certainly not the concept confused me. Here I am true meaning, even without the use of the word, we can also discuss the science of criminal law.
About the criminal law issues in Chinese, try to use some noun concept everyone can understand, less tongue words. Posner's style of writing is very worthy of our study, it can be said that he is a prolific writer, but works is not easy to play with words. But Soviet force isThe first-class translators, his translation of Posner's works is easy to understand, with Chinese reading habits, can say is true and su. It was Posner, his book "another of the others" legal economics analysis of translation isDifficult to articulate, read Chinese translation is like reading foreign language.
Legal research Chinese now, a demonized, sacred trend, many people had no work in solving practical problems, but is desperately trying to create some of the vocabulary in the actual study, to show his erudition. "Road", "road", "paradigm" these words originally in not in Chinese, be some legal experts created, not used to these words will appear too, can not keep up with the pace of the times, not to be looked down upon by others. Do the vocabulary is the legal terminology? No, not at all. They have no legal concept specific content. Frequent use of this strange words very erudite, actually heart to not grasp the knowledge from the essence of fear.
 
I am here"Saw the arrow and half -- after reading the school of Athens oldfrankly post feeling, and the judge can not explain the law (nine)" ":"Deng Yujiao is finally by intentional injury crime, since such crime, at the same time she has a justifiable defense plot, to clear the applicable law order. We should first clear Deng Yujiao is justifiable defence when caused by the death of Deng Guida, or deliberately hurt Deng Guida to death with the justifiable defense? Conclusion only the former, the latter is not possible. If the latter, is take the initiative to attack, there can be no justifiable defense plot. So, in the case of Deng Yujiao, a criminal law20Or234Are easy to produce decision bias, while only the application of the two law can make the correct decision, otherwise it is a 'half'".
This,ProtagorasI said "criticism, questioning your article is not understood program status, standing in the prosecution put excessive defense called lethal damage or negligence, is the lift control behavior, they should be so expressed, for the defense, they advocate the obstructed, namely justice conditions (not necessarily reaction is when, like you) questioning, equivalent to the lift control into the defense, is it right."
Although the ancient GreeceProtagorasSophistry masters, but in people's clear understanding of the debate between ideas, he want to change a concept secretly is not easy. ChineseProtagorasAlso use this trick. He said to this criticism, I don't want to answer, because the problem that one can feel surprised. But the nextProtagorasThere is a saying, "I hope you attitude is correct, not because of a critical of you 'don't know', it is argued and refutation." That is to say, he taught me not to know, I quietly admit, dormant. His words make me answer him again.
I first got a hat "don't get program status", in fact, the hat should flip in the hat factory. Yes, we admit, the prosecution is for the control of crime, but more than the criminal facts of the suspects in the lift control, or to the justifiable defense good as villains charges, is clearly not appropriate. Because the prosecution task one is to crack down on criminals, on the other hand is to protect a good guy. They could not use "would rather kill the wrong three thousand, can not let go of a" way to lift control. Let your yea be yea and your nay be nay. "Criminal Procedure Law" provisions of the prosecutors in the lift control position, but the "criminal law" has20And234One, should be in the court and follow the two laws, the relationship between the two can not be separated.
The justifiable defense in litigation cases, both the prosecution and the defense, should be action according to the law, not because of their different status, the lawsuit places into business field, first out aOfferIn fact, far higher than the other oneCounter offer. According to the law, both sides should first determine whether the justifiable defense, if, belonging to the "criminal law"20A what a provisions. Cannot determine first intentional injury, after considering the justifiable defense plot, this is to have the order reversed. This is not the prosecution when the defense, the defense when the prosecution, but both sides should conduct the proceedings in accordance with laws.
 
In the last article I "toProtagorasJun ask, your legitimate defense concept (referring to his foreign theory) is Chinese criminal law20Article? If it is, the law has defined clearly, also need you to new interpretation? If not, can be used to replace the Chinese foreign theories of criminal law?"
 ProtagorasI said, "this is not level, with the continental law (can also absorb the Anglo American Law) to express the rules of criminal law in our country the reasonableness and deficiency of our current research of this problem, is the route one must take, you have no reason to dislike." In fact, here he is the biggest problem is that I have repeatedly pointed out, some Chinese jurists, since that know or understand the law, they are just a bit of foreign experts, foreign law, foreign law and foreign cases. Going back to my saying, with China language, speak of the "criminal law" China20A, regardless of how others think I "no level"!
 
Last.ProtagorasYou tell me, about the criminal law20A, I have specialized academic papers:Http://002.fyfz.cn/art/284467.htmEvaluation of Inverse Defense and "criminal law article20The opposition". I not only use foreign theories, but also to clarify the confusion Chinese theory. I checked the internet,ProtagorasYou is really a kung fu. "Criminal law"20On justifiable defense punctuation marks?Only191A word, his paper is used22887Word study. I got some careful study. He could write something toProtagorasAsk for advice.
 
By the way, I am the school of Athens, I set up a "special justifiable defense", welcomeProtagorasJun put their work put in, also introduced other blog articles related to put them. The truth ever clearer, we have mutual discussion only forward.
 
2010-4-1
The author's blog:Http://www.yadian.cc/people/6493/0/