What law school

                     In East China University of political science and speech

 

First of all, thanks to our Secretary Sun Shuaimei for giving me this opportunity to communicate with classmates, thank our academic department students arrange the speech, thank our schoolmate Zhao Yue made a special trip to accompany me. Today to share with you is the content of the legal rules of use.

Due to the time so after dinner I and Secretary of the sun around the campus and go for a walk, the campus is very beautiful, to me is very big. All of our classmates are the first grade, the fourth grade two grade there. I don't know what our students Is it right? Have understanding of our campus, from the staff to the office and every building. Even some students understanding and some do not understand, then, I think it does not affect each of our students in the Chinese government's position and value--I want to say is, if four years of study, understand the law, only to master this course, but does not know the law using the boundary, then you leave China policy after entering the society, it will affect your value. This is also I have come here today to share, and students to exchange the significance.

The law and the legal practice are two concepts, like cars and driving are two concepts, car driving and driving rules is a different concept. By car the car driving, driving rules, then, we can put them as a simple analogy, is the law, by operation of law, legal rules of use. Law is a noun, by operation of law is a verb. In this Law refers to the following noun, verb, learn to study law, Professor of law, law, legislation, use the law. The five verb meaning? At least to study law and use the law is a big difference. Learning law is civil law, criminal law, constitutional and know their provisions. As for the application of the law, all of our classmates, see on the court in the back of the law? If a case is the civil law, civil law, the judge asked the plaintiff to the defendant back, who soon who wins, you heard such absurd things? No. Don't say in court, is in the teaching evaluation, which the teacher teaches well, is based on his back the law in class back cooked, or say a talk? Obviously not! If the teacher said in class45Minute provisions, maybe next time it won't for his class. Called the teacher speaks well, may be language vivid, clear. The vivid language, refers to the language well, clear refers to logical use well. I put this conclusion tells us: university four years as long as you take the two door well, other all be nothing difficult. If these two subjects did not learn, then you this four years is white "mixed". American, is not the "law", who can say that this is not a country under the rule of law? So today I lecture, every concept, and Linguistics and logic. That is to say, and tell me today, not the experience, is the scientific.

Experience is the property belonging to the animal, is -- perception, feeling, belonging to the field of instinct. This perception, feeling, intuition, and time, place, object related, they are not reliable. But science is eternal, at least at this point, basically is the eternal: it only moves forward, toward the high lift. So, what are the legal rules of use of the science? What is this principle? What is the purpose?

Application of law is our method of law theory is based on the. The legal method, definition I give is: learning, Professor, research, develop, make use of legal methods. Application of law? Refers to the administrative law enforcement, judicial, procuratorial, judicial and social law case handling process; its purpose is the efficiency and standardization. A case to you here, two years can not come out, and to him only two minutes--This is the efficiency. To you today is this feeling, tomorrow is the feeling--This is not a standard. Yesterday was so,20Years or so--This is called specification. In the standard of justice, fairness, justice is the special standard of the industry, the fair is the common consensus of society.

Research on the legal rules of use, what is its origin? What is the entry point for us? Enter the classroom or from the door into, or from the door into, in the same way, by focusing on the common law cases, one case has several common? We here at least two, one is legal, one is a fact. In common law, the only facts, so the case should be in common. So what is the truth? If you write a fact, the answer is not the same, so the conclusion of the case may have the same? Of course not. This is not the same and our system is never mind, and our conscience is also irrelevant, only relevant for our cognition. So we should stand on the scientific point of view to judge the legal application of the rules of Is it right? Science. Tell us, what is any fact in common? There are behavior. The act contains the object behavior and behavior. Behavior including acts and omissions, behavior object contains the things and people, by the people behavior by extending, extended to the intellectual achievement.

I say today, are common in all cases cases, is common, including the common law, civil law, including the public security administrative enforcement, judicial prosecution, trial, and the lawyer lawsuit.

A fact and behavior associated factors with and can not be separated from what? There should be a time, place, person, result. Method of fact finding definition or to provide a method for the definition, is the philosophy; the definition of the concept is the logic defines is linguistics. According to the fact in common, namely time, location, character, behavior, results of five elements, the language used to describe and complete definition, that is: at a specific time, specific location, by certain people as the result of specific behavior. We say is based on facts, is the time, place, person, behavior, result as the basis, this is science. Each, have different opinion on this time? The Chinese government on our site has the different understanding? For I have another name? The lecture topics, this form has its own interpretation? Lecture results whether you recognized or not recognized as a result. What name is based on the facts? On these as the basis--This is the objective. In other words, we each students, no matter what, even in the Ministry of justice of the enterprise, even the prosecutors, judges, lawyers, as long as the standard, even if sit together and discuss a fact time, place, person, behavior, the results have no evidence, do not judge, prosecutor, lawyer thinking thinking thinking. There is no open the judge thinking? No. Law is a science, is a coordinate.

For such a "fact" meaning, some people will say, we all know, why can in each embodied in people be different? That is if you master these information behind the information? What you see is the tip of iceberg, can also8Points7No, you know? If you master the tip under8Points7With other people, will have a different understanding?

What are the facts behind the information? First, it is and causes separation. When the objective standards lack of facts, we often causes confusion. Second, the fact is a kind of phenomenon, location, character, behavior, the result is a phenomenon, it is the essence of what? Third, what are the actual properties of this phenomenon? Fourth, what is it? We all speak of cases, case structure in? What evidence is there? These are the facts behind the elements should reflect the. The properties we talk about facts:                 

First, the elements of objectivity. If someone says it is today01Years, is that he must be out of his mind, but this is just a subjective, because there is Greenwich mean time, Beijing time objective standard.

Secondly, that social. That time, location, character, behavior, result and other factors, is the social nature of human rights, which is not just listen to someone.

Third, the main indirect. The indirect one word, only is in line with the linguistic beauty, and not all actors are indirect, but some behavior subject is indirect, for example, falling objects, the tree hit people, pet wounding, Lu Keng in high altitude, tree, don't, pet, Lu Keng are these behavior subject? If you to court, the judge can not hear, because the body is not right, the rights and obligations of the undertaker is all people, their maintenance man.

Then, the nature of law.01How to deal with the matter, the law, if no special provisions,12Years is so; what happened in Songjiang, if no special provisions, the law, Changning has also so; what happened to Zhang San, how to deal with, if the law has no special provisions, Li Si happened to this treatment, this is the law of the coordinate effect, specific equality before the law.

Finally, the degree of fairness. Once a trial judge said, in a similar case where he tried different courts, judges, if different judgments in the range of compensation20%He recognized, within, it is fair and reasonable, not very different.

The lawsuit is the means, the purpose is to safeguard their rights. So as long as the fact enough, should find it right. What is the right? If everyone here to understand different, how could the penalty? So it is necessary to define the "right". My definition of Rights: refers to the legal or not contrary to the law of contract to citizens, legal interests. First is the interest, then is legal. I met a case, high, intermediate courts and procuratorates, the obligation when power: undertake the obligation, also to compensate for the tens of millions, is really very wide of the mark. What's the reason? Because they don't know what is right, what is the obligation? To distinguish between rights and obligations, that is, the rules.

Our daily is telling the life term, from the perspective of legal terms, must distinguish obligations or rights. Sometimes, do what you should not do boldly what is righteous will reward, for example, in law, "to do" is a legal term, has the obligation of Italy, also have the right. I come here to lecture, if the teacher is not in good health, another teacher active speaking, we should punish him? No, not at all. So the first to determine the profit or loss, gain or loss? If it is right, then you have not enjoy the rights, should bear the obligation, today is Wang paid, you instead of him, you have to give him.

So, first we have to know the definition of the rights, obligations. What are the attributes of this definition, at least the four point understanding:

First, it must be determined not to imagine. This determination, it is a law, that a provision, that a contract is not clear, or some, some, but not the judge yourself determined.

Second, it must be a legal. The law is legitimate, but it is not a legal contract, so there is an invalid contract.

Third properties, is a historic, in particular, is there a time limit. Such as "play the market", has been canceled. Zhu teachers in05Years10Month1On the morning of10Xu, received a claim to be the China Youth Daily reporter the telephone, she asked: what happened in Beijing a enterprises announced sales of lunar soil, the trade and Industry Bureau to "play the market" administrative law punishment, do you think the legitimate? I answered her, this is not only a legal problem but also political issues. Why? Because we are the Ministry of Commerce in the negotiations with the EU, America, they recognized the status of market economy, the trade and Industry Bureau is a government department, if they use "play the market" law to handle the case, which means that we are still a planned economy market. What is called "play the market"? From one place to another, is selling price, if why not market economy can make the difference? So, from the US government, while asking recognition as a market economy, while others have said we are planned economy.

Fourth, the corresponding is right. The corresponding points in two aspects, one is, if it is determined that you the right words, so you must have a corresponding obligation; another, if it is determined that is right for you, then, must be the relative obligations, leaving the two corresponding, this right is of no significance, this is the right correspondence. In addition, not the rights and freedom. If not a clear concept of right and freedom, to do justice and fairness, not practical, because it is not well established. Freedom refers to physiological, psychological instinct attribute of human, so it with the relation of rights? It is a variety of relationship. The first is free, and then realize the right on this basis. Both lateral and vertical are differentiated. Transverse can understand like this: freedom is a private, relates to public places is right. For example, this is a public place, you should dress you here, if go into your private room, you can not wear clothes, it is free. Don't talk about freedom in law, talk about is right.

Then the vertical? Freedom is the psychological, physiological attributes, and power is formulated by the state, or others to. Certain rights to others to grant, including legislation, agreement etc.. So what is the relationship between rights and responsibilities? Behavior person has the right to act, but also has the right to the damage liability without fault; if the behavioral person without right, behavior object have the right, take unilateral fault; if the behavior and behavior have no rights, assume the mixed fault. Logically it is very strict, the so-called dragnet, be loose but never miss, the law is no vacancies can be boring, as long as the things people have the cognitive ability.

We all tell the same story, from the nature of the division can be obtained in two categories, either legal or not, the legal adjustment, there are third? No, it is very simple; the legal adjustment, or is the administrative law adjustment, the adjustment of administrative law or not, there are third? Probably not, so it is very simple; the adjustment of administrative law or not, is the criminal law, civil law or is adjusted, and the third? There should be No.

We take the Constitution on the outside, this is just a special case. So I said, the law would be a simple. But the problem is how to distinguish the legal or non legal adjustment? How to distinguish the legal adjustment is the administrative law adjustment and non administrative law adjustment? Adjusted non administrative law, how to distinguish the criminal law or civil law is to adjust? Your school share very fine, fine to have the Intellectual Property Institute, I am afraid of these concepts to give up. If these ideas you do not give up, then how can you discuss what is the origin of this profession?

The so-called facts adjusted by law or non legal adjustment, types of legal adjustment has two kinds big, people and objects, range adjustment of civil law provisions, there are provisions of the marriage law, inheritance law. Then the matter? We take the "objects" as defined. From the "extension" of this concept is divided into three levels: the first level, the philosophical concept called objective reality; the second is the concept of physical properties; third is the legal meaning of the concept. The three is a genus of our relationship, legal sense and philosophy on the meaning of how to distinguish? Is controlled by the people and that is legal matter, cannot be controlled can on philosophy; second, distinction and physical laws on the matter, lies in the economy. We talked about the goods attribute has value and use value, commodity Is it right? Has two attributes? The value and use value. That is to say only become a commodity can become the legal sense of the matter, or is the object behavior relates to the meaning of the goods, if not, then we are not the legal sense of the object. For example, we live in the area, have property management, every household has to pay the property management fee, if can not distinguish between objects and the physical significance of the legal meaning of the object, so we can do an experiment: write a letter to the property company:"These two years, you put me in front of the material removed, I want you to compensation."At this time, the property company puzzled, why? If he does this two years to get rid of you in front of the goods, he shall bear the liability; if he says he never in front of your home cleared, there may be suspected of fraud, because every year you make clean the management fee, he never to your doorstep sweep. Garbage and goods sweep away is what concept? What do you think is the matter, he considered garbage, the difference here is that a economy. You want him to compensate first proof not the sweep goods, but the economy. Classification, complaints from the angle of three types: recognition, change, payment. You want him to compensate belongs to what? To pay. Payment of the amount determines your costs much, Is it right?? This is a system of logic. So is legal or non legal adjustment, you would use a recent concept, that is the principle of economy. If we permit students to school was made, if I were a judge, I not from the point of view of things but from the behavior perspective. Because the student card does not have legal significance, it only use value but no economic value. Distinguish legal or non legal adjustment criterion is a: has the economic value that can be controlled. Is the legal adjustment, how to distinguish administrative adjustment, or non administrative adjustment, we are talking about is the fact that the core, he is connected with the fact what concept? Behavior and behavior of object with unequal relationship, which is the administrative legal relation. What is our civil law? Equal relationship. So, a fact, you first distinguish the administrative law adjustment or non administrative adjustment. Some facts are competing, administrative and civil say, some courts have the registration of property rights for confirmation, we think that the immovable rights attribute property housing, fall the adjustment range in the civil and commercial law, but it has been registered into the range of administrative law, as the registration is the government behavior, and how to deal with in this case,? Is no trial without complaint, is the first to ignore? When it comes to the administrative legal relationship, should take the administrative legal relation first, then adjust the civil legal relationship. Then, the relationship between non administrative adjustment should be how to determine the criminal law or civil law? There are two standard: one is called principles of standards, a specific standard. The principle is the standard of social harmfulness, including personal danger and harmful, specific standards for both simple and complex -- no crime without law. The rest that is civil and commercial law adjustment. If the facts of the dispute, the case, we think the law Is it right? Too simple, also need to distinguish between the fine branches of law? So I understand the law, if the law ontology, is divided into three types, one is the fundamental law, one is a special law, one is the common law; if the object, by operation of law or object, or called the behavior of human nature, administrative, criminal, civil and commercial law if the behavior; object points, or four, regulation object, regulation of people behavior regulation, regulation of intellectual achievements. A law or all law does not surpass the three standard, that is to say, a case, you need only from the three standards to judge the definition. But the complexity of the problem is that these standards are no longer a plane, the front is a legal body: Basic Law, special law, common law, two sides, one side is the administrative, criminal, civil, the other side is human, behavior, physical, intellectual achievements. The complexity of the case, not only lies in this, the same case, the same fact, competing with these standards conflict, there is overlap. How do we sort out? What is the combing tool? What are the treatment principle? Any single law, individual law will not take these clear, this needs our help to define the logic of science. As I already mentioned the attribute of the fact, fact, fact of nature, then, to introduce the fact type.

The fact type, I mainly use two kinds of it into criminal, civil and commercial: Civil and commercial pattern called debt type, criminal pattern that sin type. Debt type mainly has two kinds big, one kind is called the debt of the contract, a class called tort obligation. We present two or three grade students should learn and know how to distinguish between civil tort and contractual obligation. Our understanding of this term is the means, the purpose is to define and apply to practice: a case, the judge said that the debt of the contract, the judge said is tort obligation, a verdict they can? Not the same, it may be unfair, should be the same, this is science. How to distinguish between the two? With the fact that among which elements? There is still a relationship and the character elements. Five elements so the fact is very important in the law, the debt of the contract, refers to the behavior and the behavioral object two is the main specific, such as classes and lectures, education, business, medical contract are specific; if society dispute, do not know who will cause losses to you among the subjects, which is not specific, it is called tort obligation, this and their results, which is the object of it doesn't matter. Not the debt of the contract occurs only in people and tort obligation occurs only in the material, or the debt of the contract occurs only in material and tort obligation occurs only in person, not necessarily between them, with the time it doesn't matter more, and place it doesn't matter, only with the characters relations. Separated by the debt of contract and tort obligation and adjacent relation, unjust enrichment, because no management. We know the difference between the contract obligation and tort obligation, adjacent relations that come out, we can put it into the contract for the debt side, because the characteristics of adjacent relation has two, the first characteristic is the specific subject, for real property adjacent to the parties, the second characteristic is the ratio of ownership and the right to use and the right to use, namely the limit ownership extension. These two characteristics is the main content of adjacent relation. As for the unjust enrichment and non reason management, the former is enjoyed not obligation right, the latter is assumed not to enjoy rights and duties, from the horizontal alignment of the rights and obligations of the point of view, this is a complete frame structure. But the problem is: some facts, the concurrence of tort and contract, then, tort obligation, the debt of the contract option in? The answer is the plaintiff. So we only judge the law applicable to the contract rights, obligation and tort obligation option not judge you, only is the plaintiff.

Next we discuss the crime type, what is the crime? The fact type called crime in criminal cases. We put it down into two categories, one category called special crime type, another kind is called the general crime type. Crime classification is still based on the characters, it doesn't matter with time, place, behavior, result. This figure is the specific character, that is what the specific character? Two bases: one is the law charges, such as corruption, bribery, military crimes are subject to special regulations of the laws; there is a contract that gives one of the parties, the deterioration of civil behavior to upgrade to the criminal state. Xu Ting case in Guangzhou a few years ago: Xu Ting withdrawals of more than seventeen, then the procuratorate and the court also accused him of theft by stealing sentenced to seventeen years, social Public opinion is seething with indignation., think injustice, then this crime is belongs to the common crime type or special type of crime? If the theory according to the theory, types of my sins, it should be special crime type, why? Because there is a storage contract between him and the bank, his own password, enter the numbers on the machine, the illegal? Apparently not illegal. The problem lies in the machine spits up, he at least had three choices: one is you spit on you, and I never mind, this of course does not constitute the crime of theft; the second is, you spit, this money is good stuff, let it fall to the ground it, put it back to the bank, this is not constitute the crime of theft of Xu Ting; can choose third: you spit on me, take it, or you will be sorry for it. The bank can not find the money, this will constitute the crime of embezzlement. But the procuratorate and the court sentenced to what charges? With theft sentenced. The larceny crime belongs to the general type, and the crime of embezzlement crime is just belong to special type, according to such a theory, this kind of case is not a problem, so the theoretical patterns of crime type result is of great help to our final processing. Of course, any one of these links without cannot realize crime theory. Then some questions: if there is no "facts" definitions of nature, no standards, no "right" attributes, objective elements without the concept, how to determine? It is obviously not possible. Next, I put behind the case basic, critical judgment concept perspective information with the students do a communication.

The "facts" of the definition, we can put the extreme of a civil case evolution as an intuitive description, such as civil and commercial lending cases, it can occur in seven facts in extreme cases: one, about borrowing in; two, signed a loan agreement of fact; three, performance borrowing in; four, Dunning failed fact; five, negotiate to postpone the facts; six, the default facts again; seven, filed a lawsuit against the facts. Here, can be found, except for the three, other facts do not have economy; similarly, criminal case, a crime of theft in extreme circumstances can also occur more than seven facts: one, do theft facts; two, for theft facts; three, the implementation of theft facts; four, spend money, the fact that the stolen goods; five, the fact; six, capture the fact; seven, the trial of fact, in addition to the third, the others are not economic results, we are committed to speak of theft, it is a special crime. The fact of the definition, the evolution chain facts, we can put the physical property, the physical structure of the case for everyone to make a introduction. A case of mainly has the following structure, first of all is the fact: time, place, person, behavior, result. These five elements and five elements of the legal relationship between the cohesion and we are. The aging time, what kind of case not aging? Does not exist; place corresponding jurisdiction, what kind of case does not involve jurisdiction? There is no corresponding main body; character, what kind of case not subject? Also do not exist; the corresponding object behavior, what the case without object? Does not exist; the corresponding content, what kind of case no results? Or does not exist. All five elements are the phenomenon, it is the essence of rights, aging is a right, jurisdiction is a right, the subject is also a rights object, content, in a certain sense are right. Right is determined, which is either the law or contract, is, we simply statutory or contractual. The case structure, must have the administrative case structure, the administrative case structure, a structure of criminal cases, the structure of criminal cases, civil cases must have a structure, the structure of civil and commercial cases, must have the marriage case structure, also have inherited cases structure. Marriage case structure table, I completed in 1989, is now twenty-two years, these twenty-two years, "marriage law" revised two times, "the judicial interpretation of the Supreme Court" has two adjustments, but all changes to adjust the contents are not beyond this form, I believe again in one hundred years will not exceed, this is science. Logic to it has been two thousand years and no one beyond, this form I fill up, you should also review what content? Therefore the law is a scientific, legal application is also a science, science is a regular operation, this is everyone is equal before the law or statute law significance -- coordinate effect.

Share with you next is the content of the rules of evidence. Evidence and burden of proof as law and legal use, this is two different meanings, the evidence is a noun, the burden of proof is a verb. The burden of proof rules contain what content? One is the connotation of evidence rules, the two is the carrier of rules of evidence, the three is the scope rules of evidence, evidence rules of the four tools. We talk about the connotation of evidence rules, the terms of the type, does not belong to the scope of our discussion, Institute of law or the law department may discuss, we are just reference, a total of according to the administrative procedure law, criminal procedure law, civil procedure law, the seven types of. So the quantity and quality? You want to make sure the facts, evidence, have much evidence can be identified? The public security, procuratorate, court and our law standard should be unified, if not unified, we study significance in where? Then, the unified what number on it, how much evidence for ascertaining the facts? (ask the students) in China political words never mind, as long as not just wrong in court. Our general, there is a saying of events: evidence alone can not be identified. Evidence alone is a proof, in other words, as long as two or more evidence can be determined, so that a fact, more than two pieces of evidence can be. Then the quality how to understand? Quality involves a logic term, called causal or conditional relation, from our evidence is taught in direct and indirect evidence, if has the condition of evidence, that the indirect evidence of the so-called, it will take at least three more. Therefore, the connotation of the evidence, we have a framework for quality and quantity, or you think enough, the judge said that not enough, then the standard set by who? Shall say. Contains facts, rights, nature, types, causes, liability and exemption according to the proof of the range, there is a reason, we just told the truth, the truth is objective, reason is subjective, so how to reason and facts to distinguish?

About how to reason and facts to distinguish? The students here if the law is interested, have seen a lot of practice book. The change of nature: the procuratorate accused of theft, the court commuted to embezzlement crime; or the procuratorate accused of murder, the court to the crime of intentional injury. Qualitative change is normal, so the court commuted on formality, not what can be questioned, but never happened procuratorate accused of corruption, the court qualitative change as a crime of intentional homicide, what reason? Because of theft, corruption, embezzlement is reason, intentional homicide and intentional injury is a matter not facts. The nature of qualitative change is change the fact, you have no right to change the truth, because the truth is objective, and the reason is subjective, so can only change causes cannot change the facts. Homicide and injury could be a fact, but murder and corruption, theft is never a fact, that is the difference between the facts and reasons. When the lack of "facts" definitions, you how to interpret the reason? Since you can't interpret the reasons, and how do you ensure that define the facts are correct, how to avoid the confusion? Reason is subjective, we need the experience of life, contact the society needs, and the truth is objective, we need read a book learning, it is a science.

Rules of evidence are the tools of logic and linguistics. Legal language is the carrier of language learning, we start from the primary school. But the use of language is not only to academic standards, our judicial documents is to check the language qualifications, to my standard3Grades, namely the correct, accurate, precise. We don't talk about right, the right for me it is not reliable. Therefore, judicial documents statement is true also, why? Because it will have a lot of ambiguity. Words meaning as long as there is open, which means your destiny and not to grasp, every word in the court might have been each other, controlled by the judges, each sentence in court is the lead judge arrived I hope to reach, and is not controlled by the judge, which is linguistics. Therefore the future students of high under division is not now criminal law exam one hundred points and ninety points, but the language of precise and accurate difference. To train the language sensitivity, hear any words will immediately respond to it is a life term or terms."Do", is the power or duty? The power and rights, obligations, what is the relationship? You have the right to do this thing? You will soon get into such a state: the right refers to the right or power? What is the relationship between these two words are what? All the power, power is right, right is right, power and right and order what kind of relationship? The Communist Party of China fight a bloody battle to overthrow the reactionary rule of the Kuomintang, why? Because the reactionary Kuomintang government used his power to enjoy rights, should be how? Should use their power to undertake the obligations. So the power includes the rights and obligations. "You have the right to do it"It contains""You have an obligation to do it","You have the right to do it" ,"You have the right to enjoy you shouldn't enjoy the power of it". So we can't tell you right now, but rather from the legal language sensitivity to judge -- you have the right to enjoy it, or you have an obligation to bear it. This is two completely different direction, we are told what relationship between power and right, is refers to the logical relationship, both should be the relationship between the species.

Handling of the case, application of law, linguistics and logic, like a piece of paper on both sides, and then thin paper has two sides, that is to handle the case with linguistics or optical logic is no good. Two of them are bound to each other, each other can not be separated, just like the earth longitude and latitude, only in the presence of precise positioning can also. So called linguistic exact words is based on logic. What is the logic? I know some professor of logic for the logical concept lack basic understanding. The logic is what meaning? For example"The world"What does this word mean? We are using the word, but it is not clear what is meant, this so-called familiar with the non truth. But the other two words we must know, time, space. If you use a word to describe it two, one of the world's. So"Logic"? There are two words you know, that's the rule. Use a word to describe them, that is logical, so contrary to logic is against the law or rules. What is the law? What are the rules? The natural world is the law of human society, the rules, so the first law and rules. So what is the common their laws and rules? They have a common carrier, this carrier is the form. So the logic has three meanings, namely, the rules and laws of formal logic. Linguistics and formal logic is not our separation, in fact, all the scientific world must be consistent with the logic, not what science can defy logic. Once the violation of logic can not be called science. Then the logic tells us what? Is the definition of. I make several definitions here today, there are facts of the definition, the definition of rights. We have to do is include screening definition. The difference between us mainstream culture and lacking spirit of cooperation is whether there is a logical thinking. With logical thinking can constitute the mainstream culture, otherwise it is lacking spirit of cooperation. Is the animal without logic, by instinct, what is its shape? Perception, intuition and feeling. What is the logical form? The concept, judgment and inference. I have just reviewed cases, is discrimination in logic based on the. I'm not invented by operation of law rules but found the legal rules of use. And this rule is what relation? I hope that this method is scientific, can become a rule, the scientific method is the rule. Any one of the concepts we have expressed should be defined. There are logical relations between concepts. What we should do is to know the relationship between the five, but not to consume energy of sixth kinds of relations. The relationship between the five is a genus, cross, contradictions, opposed and parallel. Conditions for the existence of relationship, causal relationship between behavior and behavior, it doesn't matter, appeared before and after the two act is the necessity and probability, or does not have any relevance? The concept of property, the law of identity, the law of contradiction, the law of sufficient reason, the law of excluded middle. These terms are too theoretical and practice, what is the relationship?

Everyone in the said law, legal thought and legal facts, what is legal person, legal thought, legal facts? These from the linguistic perspective there is no problem, the legal fact is partial structure of the word, word is a fact, fact law modification. But from a logical perspective? Logic tells us the rich connotation, extension reduced. Legal facts relative to the fact, is the result of rich connotation extension reduced. So at least the first definition fact to know what is the legal fact. The relationship between man and Chinese, is the relationship between the species, what is Chinese? Either the administrative sense, either geographically. The legal facts and the facts? The facts we don't know how to understand the legal fact? It is usually said there is evidence of the fact that the legal fact. What evidence of theft is the legal fact? As a vice president of our Chinese government said that of course. We get to take legal measures, legal action will also include the theft? This is an illegal act, and how to become legal acts? This is the illegal facts and how to become law fact? So it is only the linguistic judgment, not logic.

Linguistics and logic is our main tool indispensable legal workers, one of the. For instance, the provisions of article ninety of our general principles of the civil law, the Legitimate loan is protected by law. You read the book for four years, do not feel wronged, because read nine years of law school, he also knows that this sentence, and then you ask him, your parents didn't read the book of the law, whether he knew the Legitimate loan is protected by law? Must know. Why? Because of legal lending is protected by law it is "general principles of civil law" in article ninety. And the general principles of the civil law "is"1987Years of development, in the87Years ago, you can say that our country no borrowing? Borrow money is not also? So important is not the law. Second questions to ask the next, this Is it right? Lending? Your father saw you read law professor, he has a sum of money50Million yuan, lent from friends. One day, his friend on the phone crying out to him to borrow50Million yuan, your father without demur, aside from account50Million, can not think of this friend bad luck,50Million yuan was not able to save the enterprise, he can only escape. Your father to have a replacement to other shareholders, bring a lawsuit to the court. A friend without Yan Court, lawyers to deal with. From your father show Huazhang list it is fact, but what is the loan? The doctor will not know how to answer, then we can get second conclusions: your father doesn't know, you read nine years book of the law is not know. Eventually became such a word, know read the book, don't read also know; don't read do not know, read the book is not know. Why, because you did not use logic tool.

Because of the time, I just put my "law application rule" is a concentrated, below I introduce two cases. If you have what difficult cases, see if you can answer in two minutes with my theory. As I use the computer, in the three case I will not be using this computer: first, I press this button1No reaction minutes; second, you and I are in the same key, the jump out of the pages are not the same; third, today I press this button and yesterday I press this key function is not the same as. If you and I use "legal rules" the effects are not the same, or two minutes no reaction, that this theory is of no value. The two compensation cases said I must, before a trial for a year, for three judges to me; a later I tried, two trial a year. The first case occurred in Xuhui Xietu road,70Built in the house. Upstairs tenants in order to improve the living environment, the bathroom alterations to take a shower. This transformation does not matter, it Water Leakage downstairs. Downstairs is a pair of70Many old people, one over the summer, wall moldy. They carry out rectification to the property company, but no matter how property companies knocking at the door, the upstairs tenants is not open. The old man to the court, to one judge trial, I do not know the cloud, then moved to the common bench, bench delegate identification. The staff come looking for the parties, not only to the downstairs, upstairs, so can not find the evidence. In an instant, a year later, the case to me, on a Thursdy afternoon, the clerk told me that the court case.

I began this way:

Q: the plaintiff, will you please tell the court your claim,

Answer: to require the defendant to be responsible for Water Leakage condition, and help me to brush metope, ensure no longer Water Leakage.

Q: the defendant to the plaintiff's request, do you hear?

Answer: hear clearly? Agree or disagree?"

Answer: do not agree.

Q: is not agree at all, or part don't agree?

Answer: do not agree with all.

Q: the second defendants agree or disagree to the plaintiff's claim?

Answer: because the first defendant, we cannot enter repair.

Q: the plaintiff, please tell the court to support your claim, according to the facts and reasons.

The old plaintiff said: this house is70Built in occupancy, made good, upstairs downstairs have no contradiction. But since the last year after the transformation, only two months to let my walls became green."

Q: the defendant, the plaintiff's content has any objection and supplement?"

Answer: No.

Q: the second defendant, the property company to the plaintiff, your statement have any objection and supplement?

Answer: No.

Q: the defendant, why don't you agree to repair?

Answer: the judge, my house is old house. When the design is no good design, construction when there is a problem, and our house is along the street, heavy traffic on the street every day after, foundation subsidence.

Q: there are other reasons?

Q: No.

It is this three reason, make our case dragged on for a year. So I then asked:

The defendant, the building has a few doors for import?

Answer: there are four doors.

Q: there are several floors?

Answer: there are six floors.

Q: each layer has a few households?

Answer: four families.

Q: what is the plaintiff, the defendant objection to the statement?

Answer: there is no objection.

Then ask the defendant: which floor do you live?

Answer: the two floor.

Q: the third floor is Water Leakage to your home?

Answer: No.

Q: the second defendant property company, this area there are other tenants to your application for warranty?

Answer: No.

Q: the defendant, your house, upstairs downstairs is a separate design? When constructing your house is construction alone? Can you explain why the foundation subsidence occurs only in your downstairs, not you and your upstairs.

Defendant: (no answer).

In other words, the problems existing in the design is the reason or fact? Problems in construction is the reason or fact? Ground subsidence is the reason or fact? These problems and Water Leakage is causal or conditional relationship? Yang or it doesn't matter? Should the defendant to prove. Here, the court can end up. The final statement, I made the following decisions: first, the plaintiff within three days, to provide similar inn price and living conditions to the court; two, the defendant within three days, to complete the Water Leakage modification; the second defendant within three days, and the common repair Water Leakage situation, if the defendant cannot provide convenience, making repair scheme to the most complex area of the same Fangxing Water Leakage reason, and determines the corresponding cost.

Two weeks after the withdrawal of the case, the reason is restored. What does this mean? People are reasonable, the key is you will speak the truth. Through this case, I want to tell you, only the law, is not enough, the trial process of us, which a link is in the back of the civil law? It is the combination of linguistics and logic.

Another case, this is me to compensation tribunal after the first cases of medical disputes. The defendant is in Shanghai No.6 People's Hospital. This case is how to process. The plaintiff's wife a year ago, to six hospital visits for asthma. The hospital diagnosis hanging two bottles of water, the first bottle of saline, two hours, second bottles of hanging the normal20Minutes later, the occurrence of seizures,21Days after the death of. The hospital requires the plaintiff to confirm that this is the medical accident, the hospital spent six months time, the conclusion is not a medical accident. He may apply for reconsideration to the city of Shanghai medical accident appraisal committee, after six months, the answer is still not belonging to the medical accident. Therefore, the plaintiff to the court, claim for compensation. This is my first time to accept the medical malpractice cases. I was in such a trial:

Q: the plaintiff, your claim?

Answer: A, required to bear the medical expenses; two, funeral expenses; three, the spirit of damages; four, other types of loss.

Q: the defendant to the plaintiff's request, do you hear?

Answer: hear clearly.

Q: do you agree or disagree?

Answer: do not agree.

Q: is all not agree or disagree?

Answer: do not agree with all.

Q: the plaintiff, please tell the court to support your claim facts and reasons.

Answer: my wife, in97In June, due to asthma discomfort, themselves to the city six hospital. The doctor asked the drip, the first bottle of saline, two hours, second bottles of hanging the normal20Minutes later, convulsions, soon, in a vegetative state,21Days after the death of. So the defendant liable.

Q: the defendant to the plaintiff, the facts have any objection, supplement?

Answer: No.

Q: you do not agree with the reason?"

Answer: the medical accident identification conclusion does not belong to medical accidents.

Q: what is the evidence of identification?

Answer: the judge, medicine is not in court to half an hour to explain.

This sentence let me deep impression special, this is one of their agents director Ma said. We call this a deal, let me a lifetime, if you judge, how to deal with? Don't let the bailiff to drag him out? Our competition is the truth, rather than power. The following is my answer, you see fit.

Q: the defendant's agent, medicine is a science, law and science, they have their differences, should also have their common ground, that is must be consistent with the formal logic. Your statement in court today with the contents of the logic, I will support you. The logic of life I, do not belong to the medical accident is based on anatomy and treatment of no relevance to discover the cause of death. Is it right? Anatomy?

Answer: No.

Q: the logic of life I, although no autopsy, but according to the slice examination found that the death and treatment of no relevance, Is it right? Slice examination?

Answer: No.

Q: the defendant's agent, the logic of my life, only more than two, you can directly to the court of identification?

Answer: the judge, we are according to the history records.

Q: the defendant's agent, history records have signed by patients or family members?

Answer: No.

Q: today after the trial participants in the proceedings to be signed, to show responsibility. None of the patients or family members of patients signed, how to ensure the contents contained no mistake, miss?

Answer: (no answer).

Q: even if there is no mistake or leak, can ensure that the issue of liquid with the use of consistent?

Answer: (no answer).

Q: you can't answer, or do not want to answer?

Answer: (no answer).

Q: if liquor and save?

Answer: No.

Ask: ask five questions, you can not answer, scientific identification of where? How convincing?

Answer: (no answer).

The court asked the degree should be exhausted, distribute it, I turned to the plaintiff, investigating his compensation basis. The case from the case that I found out, more than two months. I was the first instance of this kind of case, we two can be said to be experts in this case trial. For a year, why? Because my judgment is written so:

"The original, the defendant disputes belongs to contract debt."

I've watched a court to this kind of case is defined as tort, which I did not agree, once involved in the infringement, minor injuries above will constitute a crime, so it will conflict in logic, if you think it is the infringement, minor injuries above necessarily constitute a criminal offense, more people have died the contract debt, but do not have this property, it is not from the point of view, from the tort form to decide, the subject is equal, is a specific, so they are the debt of the contract, what is this argument? The verdict said:

The rights of patients is to enjoy medical facilities and services the hospital right, obligation is full payment of medical expenses, the defendant is charged the cost of power, obligation is to provide the correct medical facilities and services, between the two is mutually beneficial, this is the characteristic of the contract debt. The second point, is a special service organization of the defendant hospital, it has the right to visit to treat the patients and the families of the patients, make certain restrictions, including environmental restrictions, time restrictions, but for peer-to-peer is once the occurrence of medical events, should provide evidence of no fault, in the trial process, I have questions, the defendant couldn't answer correctly and effectively, this conclusion is not scientific, not convincing. Finally, the defendant pay related costs. Two of the judges, ever not so treated, require patients to provide evidence, who advocate who burden, but people are dead, what evidence? I don't know now is how to deal with, the party can't you proof, non party how proof? So that the burden of proof rules upside down, we take facts as the basis, the so-called who advocate who burden, at least the fact, then the power, and then the basis -- in this case after two more than a year of trial, maintained.

From these two cases, their simple? Very simple, the trial is not more than one hour, but you say complex? Very complex, because in my case before trial a year, a year after the trial on the back of my case, pending, they will go to the law, will say that our laws are not complete. This is the relationship between legal? No relationship, this is the relationship between your linguistics, logic, cognitive control.

Today the introduction here, thank you. If you still have what doubt, I am very willing to answer and exchange.

Classmate: senior judge you as teacher, has many years of experience as a judge, so what do you think about the civil and commercial cases, if you are the judge said, what will you decide cases?

Answer: first of all, this fact is very clear, in this fact clear, our civil code is the first manifestation of fairness, how to reflect the fair? In principle, logic, "the word has a problem? From psychology, sociology has a problem? From the fairness property has a problem? If as a problem, then I think you should go up from the five disciplines is discussed. Tell you, is a law of logic, called the law of contradiction, what do you mean? It is not possible to two opposite point of view is consistent with the above five kinds of subject, which itself does not exist, because the opposite point of view there is at least one is false. The counter argument is the view of contradiction, so we should learn logic and linguistics, i.e. if you and I are opposite, is the contradiction between, cannot both exist at the same time -- so there is no problem to review my point of view on language, logic, law, psychology, sociology, if not that you have a problem. Because less likely these five disciplines you meet at the same time, this is the logical form of value. You can also find such cases, two opposite cases we think that is correct: the same types of facts, such as the Chongqing high altitude falling compensation and Shandong falling objects compensation,80Old lady was white hit, the two opposite arguments you think is right? I don't agree. A professor of civil law of our National Judges College, he is considered the same case should have different judgment method. The Chongqing High Court Dean proposed guidance to the National Judges College teacher, we discuss the president of the National Judges College and the Chongqing High Court Dean, give us a platform to practice, this is a win-win situation -- you to judge the case, everyone feels good, then the Shandong high court for help, the two case you say he is how to deal with you think the people of Shandong, die die, getting on the white mess? This is a logic, two had at least one is wrong. As for what is right, then we should use legal rules of use theory to comb learning.

Student B: teacher, I want to ask a question, learning by operation of law, logic, language is very important, I would like to ask you to analyze the promulgation of the new criminal law from the angle of73A, how do you see?

Answer: as a matter of fact, this provision I haven't really looked at, I know the controversy, but I didn't really have the provisions carefully, if the students can share out of words, we can make a discussion on the scene.

Student C: teacher, in that case you mentioned just now, if you are a contractual obligation to resolve, if the contract, it should be the burden of proof the plaintiff to causality, because the elements of contract obligation is the causal relationship between them, Is it right? With infringement of the principle would be better? And the question is whether in contract or tort for Is it right? Should be determined by the parties to decide?

Answer: strictly speaking, such as we the classmate said, by the plaintiff to decide, in this case is the existence of contract or tort litigation what differences in outcome? Or that the case is exactly the same as at the time of the. Because in the98Years, no spiritual damage compensation, if it is in the now, tort obligation should bear the compensation for spiritual damages, the debt of the contract should bear the penalty, then the next question is why I do not agree with the tort obligation, because the subject of tort obligation is not specific, but the subject of this case is specific. The hospital and the patients, medical dispute is not specific? The so-called non specific do not know the specific subject. And in the medical dispute is the specific subject, otherwise there is no contract debt this concept, called the debt of the contract, we should not be limited to written, do not think that only the written contract is the contract debt. We take a taxi, bus, is the contract of carriage. If it is defined as tort obligation, should you want to proof the injury accident, not cite a case, the injury is not the crime of intentional injury? That is not to bear criminal responsibility? Mean lethal called intentional homicide, causing serious injury or above shall bear criminal responsibility.

Student C: if the patient is dying, doctors did not save it, how to say?

Answer: is what reason, you must proof ah -- how are you going to show that the five problem? You can't answer me, just don't answer, is not zero confession? This is the logic of the system, the law is such. So the negligence, intentional only a fact, but for different reasons, different. Because once the act of infringement, it cannot be recognized that the contract, so a fact or the legal adjustment, or is not the legal adjustment. Is the legal adjustment, either the criminal regulation, or not. So this fact, you why not criminal law adjustment. Because in criminal and civil concurrence, should first deal with criminal, once shall be investigated for criminal responsibility, compensation is unavoidable. It is from the fact type, which belongs to the debt of the contract, the criminal will not be discussed.

Students d: Excuse me for the charges, Is it right? In law to explain? Compared to the common law, the judge is only the original defendant evidence listed in our country, it is how the provisions?

A: Thank you for your question, I was very sensitive to this problem, but I have no chance to express my views. First, we need to understand the difference between Anglo American law system and continental law. Logically, they are a cross between special, their common border is fair, specification. Is the difference between the two, more attention is paid to the fact that the case law, the fact is a kind of social attributes, so the jury to solve, and the statutory basis is a way of thinking, is the formal logic. So a focus is a fact, and a focus of formal logic, all is the concept of judgment and reasoning, which is both the main difference, but for the fair, standardized pursuit, this is their common. Anglo American law you say it is the pursuit of justice, civil law is not in pursuit of justice? We are fair about socialist concept of the rule of law, rule of law concept is capital preclude fair? I can't understand. Just mentioned, the trial method of horse Xiwu type Is it right? Unfair, there must be different, but they have a connection point, that is to say any form is the cross point of realizing fair, revolves around the fair, although judges in Anglo American law is conservative, but he is holding the kite the rope, the last sentence, the final amount, is still the judge decided. And the fact that whether or not the establishment of the legal monopoly, not us, but a social concept, because it is not a legal monopoly just thought it a monopoly, closed, so there are legal workers say your old people do not know, only we know - this is called the legal fact. Their surrounding it, in fact, is a social phenomenon, so the jury to identify more authenticity. This is the social science category. I in the court trial just now, you feel very wonderful, thank you very much for your identity, but I also do not agree against conservative. Because the civil law also have a principle -- authority, we also have a principle called based on facts. In my five question, which one do not ask for this case. The decisive fact? I before and after the two case, all the questions, and in fact, qualitative and the case is never mind? Is there any? No. The so-called conservative, it is in the range of certain conditions, is not absolute, unconditional, attempt nothing and accomplish nothing conservative. That's not the judge, the judge only wage? Now some of the judges in the conservative condition called, rather than a sanitation worker. Why? We are on the road of the sanitation workers know the road garbage removal. But now our judge, may be affected by such effects of some theory: the case, rejected, the case, rejected. What do you mean? In this case, I rejected is complete, is the road side of the garbage, sweeping across the way, it also exists in the society. You rejected the fact end? Dispute solved? There are. Has sued to the court, he will say you be prosecuted. Now that I have the prosecution to the court, you also told me to be prosecuted? We present theoretical problems. Why do I say, all of our classmates have two. One is from dormitory to classroom, one is a general framework for us to understand the law school: around the boundary, the number of college faculty and staff, layout, discipline is divided into. When it comes to East China University of political science and law school campus, he jumped out of a picture. There is a student, the classroom to the dormitory, you ask him East China University of politics and law, have little concept. Our application of the law, if the conservatism trend, he what all don't know, just know the law. You said the court, what country, what kind of property cases, just back provisions? What is the law? This bottle of water provision is advertising, trademark. We speak of commodity is composed of two parts, one part is the product, there is part of a trademark. The logo affixed to the product, called commodities. What is the case? The law and the facts. The law on the fact, this is called processing. Only talk about the law, not the fact, that you the product is what products? And this fact, not the law itself set, is composed of linguistics and logic as a tool to help you complete.

Students e: Zhu teachers, I think of those two cases, I don't understand, want to ask. The first case about seepage, when you judge it, finally it is the prosecution to withdraw. If, now it is not withdrawn, then the results Is it right? Because at the time of the tort law has not come out, provisions concerning the effect of right is not known, so in front of a judge dragged on for a year not solved? Or why?

Answer: the tort law is not98Years out of the

Students e: is the real law.

Answer: the law is not98Years out, so I also in98Years to complete, so with the property law is it doesn't matter.

Students e: I know you finally put the case properly disposed of, but I mean, if we are on the case and the terms of the words, so we have to solve the case, is not it......

A: I understand. If that's the problem, I will reply to you. In front of me is a foundation, that is the case, processing and theory of our practical, and have no real law is it doesn't matter. Because I am in the98Years, the theory of property law still does not exist. Not to say that in front of the judge no real law, to me here with property law, this is the first. Second, if not withdrawn, he still does not speak the truth, then I will use my wisdom, my perception, judgment. For example, I in the mediation of time, I have suggested, that what? Is the use of economic. Object, behavior, intelligence, to the court, is centered around this one economy. Since the quality of living of you, will have to bear the responsibility, but must use the same conditions. What do you mean? Can't you give me a quotation for five star hotel is now the number one night. With your living conditions do not match. So I asked the plaintiff to3Days Inn provides similar with the living conditions of the offer. First, I want to exercise my authority, economic compensation. Second, I am still requested the second defendants, same Fangxing, quoted in the repair scheme, the most complex, design. Third, when I made this decision, shall be ordered to repair, should be the effectiveness of this judgment, how much time, the defendant shall come into effect from the judgment20Days,15Days,10Days, in a timely manner with the second defendants to be repaired. If he can't fix it, so we have two sanctions. A, civil procedure law, for conditional execution, not to be enforced, judicial detention. Second, it shall be investigated for criminal responsibility. No, not at all? This is my power, I gave everything, I cannot go beyond the power given to me. But come back to understand, you as a judge, you are to the exhaustion of law gives you the power of. A judge, he hand cannot go beyond the law, second, you can't fail to exercise the law gives you the power of. "No reason" to know? What is another layer of meaning instead? Is a must. The incident no longer principle, we require repeated prosecution trial judge. What is the opposite of the ah? A thing is not rejected you. I'm hearing civil cases1000Multiple, rejected only two order. Is the object, is the main. All cases other, either all or part of support, support. This data tells me, the parties, the people are not random.

Students e: teacher, my question is, do you make this decision, not according to the referee? What is the legal basis? According to the principle of honesty and credit?

Answer: the principle of fairness.

Students e: I mean, if change to do now, because the property law expressly provides a neighboring right. The house can transform my upstairs, but the exercise of this power, can not affect downstair residents living conditions. And now Is it right? Can use this sentence, not only rely on the principle to solve the problems of.

Answer: you might say to. But my impression, the general principles of the civil law itself is the adjacent relationship, if I remember correctly, should be83Article.

Students e: General principles of the civil law, but now the property law more clearly defined. So you had used the adjacent right is?

Answer. My impression, participated in "the magazine" cooperation and Phoenix TV program recording, is about the real right law. Two o'clock to hold, I drive past an hour, see15Property law minute, too late. I found the right method called only one clause is new, the rest were falling on the legal provisions. What provisions? Easement. Only the easement is a new content of real right law, the other in the existing law, you put him in the assembly of. Tort law is the same, basically, is not necessary. My point of view, the constitution, should not say that there is no law. The civil law should not and can not find a legal. He is an order, there is no specific, there are principles. Where's the difference? That is, your logic, is your perception, Is it right? This legal provision boundary with enough? The legal provisions of the boundary, say so much, you only see this point, so large distances are not considered under the jurisdiction of this provision, it is your cognitive problems.

Students e: but the premise that is the judge is reliable. So if he only the constitution at the time of trial, the law has no words, he will have to do very much, so we now have tort law, I think it is necessary. Like the second case, is the original told the medical dispute. And now, in fact, the new property law has put him clear. And the tort liability law makes clear a regulation, the responsibility of medical accident should be applicable to the presumed fault, is the principle of presumption of fault. When you view is judged according to the contract, then the tort liability law this is combined with the contract, then only by the plaintiff to file for claims. That is to say, he was for four, medical expenses, funeral expenses, damages and other costs. That you were convicted of is what?

A: I was the spirit of damages to such an understanding, "the word first is not approved for moral damages, because the people's court scrupulously abide by the law, it is his duty. The law does not give me the power to support such a request, so it is difficult to support. But I'm from fair angle consideration, I support range, within the total amount of his request, take him to adjust for the indirect loss compensation. So a major medical expenses, funeral expenses, there is a part of me that is the indirect loss. To be sure, the death of the patient, to the family of loss, is more than a funeral expenses, medical expenses, and the damage they caused by the creation of family wealth, then this part should be compensated for, this is my authority. My duty is to claim for example10Million, so10Thousand dollars are within my power. Because the reason to let me be convinced, and this make sure not to your limits, that is fair. I'm not in addition to the three kinds of relations, within the three kinds of relationship it is my privilege. So, here involves to a few words, civil terms, called a kindness, called a legitimate, a name is illegal, a violation. The so-called legal and illegal, in fact, only one word, all is the law, Is it right? Ah, its definition, I understand: legal, is not prescribed in the law, does not damage the interests of others; it is illegal, but the law has not stipulated, damage the interests of others. So I just judgment, I'm from linguistics, psychology, sociology, logic and legal justice, understanding in this case, should be reversed to ask, what can not be convicted based on? What is not my judgment basis.

Students e: that such words, free referee judge authority will not be too big?

Answer: from the logic of speaking, I don't agree with you on this point. What is called discretion? I just set the fact, you said that I have a right to the time and place and people moving? This property can I move? This debt type I can move? So the judge's discretion, not in fact, does not lie in the nature, is not right, is not the exemption, but in degree, if the degree that there is no right, then you go to law school stem what? So, discretion, as I think, is limited to the extent. You are the judge, can put the criminal as a civil, civil as a criminal? Also to83Years as93Years? Also to Songjiang as Changning? Clear definition so first of all from the logic on the "right", clear extension. What is the discretion of the judge, it includes the scope of what? If the judge has discretion, generally speaking, it means that there is no standard, no standard, so what? Relying on perception, feeling, intuition? The judge can make his perception, feeling, intuition judgement?

Students e: you just said that although there is no support for his spiritual damages, you transferred him to another expense which, actually this is no basis, I personally think that the judge in his discretion, because the contract is not possible for this. But you're still in the final decision to consider the cost of spiritual damage.

A: No, I don't think that is considered the spiritual damage, I think, this cost is subject category. Whether mental damage or economic compensation, he is the reason. Compensation is the fact, direct, must, evidence. The compensation, just belongs to the subjective. You don't treat me as a bribe (smiling).

Students e: front is said about you this theory, not out of a book? The trial methodology, I actually think it will rise to a higher level, I think now is not very understand. But thank you very much.

A: Thank you.

Moderator: Thank you very much Mr. Zhu bring us a wonderful lecture, because of time, today we talk over. Please have the following student union vice president, Sun Xingchen, for Mr. Zhu sent souvenirs. About the content of the lecture, we will be uploaded to the Chinese government and the 100 forum homepage, please continue to pay attention to lecture us.