20A legal humor story and Enlightenment

 

A, conscience is the ultimate principle of human action

Humor.In the two years before the fall of the Berlin wall, a man named henrici keep guard the east wall, shot the climbing wall trying to flee to Berlin West young chris. After the wall fell on his trial, his lawyer argued, he is just the implementation of orders, the basic do not pick the right, sin is not in himself. Judges pointed out: "as the police, do not resuscitate orders is guilty, but not allowed to play is innocent. As a sane person, at this moment, you have a gun elevation one centimeter of sovereignty, this is you should automatically assume the obligation of conscience. In this world, outside the law and conscience. When the law and conflict of conscience, conscience is the highest principle of action, rather than the law. Respect life, is a universal principle."

Interpretation and law from the perspective of law embodies the wisdom of:

1First, the story, tell the legal occupation should not rigidly understanding, to enforce the law, the law behind the ethics, moral bottom line is not to exceed. Have you put the gun up cm sovereignty -- in that cannot but situation, play, but shall not intentionally hit -- not to others killed, this is the lowest morality, which is the highest realm of conscience. Anyone not to "follow orders" as an excuse, to cross the moral bottom line of ethics. This is "a CM sovereignty" moral obligation, or it must bear the blame.

2, this story, also told the law occupation should divergent thinking, ability and skills trained methods achieve their goals within the specifications, is the so-called "have whatever one's heart desires but not over the rules".

 

Two, the legal services also need to size up the situation, adjust to changing circumstances

Humor.An optometrist to teach a new appointment employees how to charge a customer.

When you give to the customer with glasses, if he asked how much money, you say"75The dollar"

As his eyes did not tremble, you say:"This is the frame of price. Lens50The dollar."

If his eyes did not tremble, you fill:"Each piece".

Interpretation and law from the perspective of law embodies the wisdom of:

1The lawyer's fees, the humor can draw! The author in the law firm internship, which contacted the similar case. Because with triad related criminal cases, director and Party's wife about charges5Million, payment process, the wife from the bank teller10Million, may be he, director of seeing this, then look for other reasons will5Million income capsule, the wife save husband pants, and no objection was made. Some friends may think it is not authentic, do not pay attention to, against the occupation moral, but the things which are so easy to draw a clear conclusion. When you are in a domestic legal environment and culture, need the first pot of gold to solve the survival problem of food, how to do? Besides facing money so the parties, whether should also through reincarnation in realization of justice!...... And like a sense of humor:The young lawyer first lawsuit won, he returned home, and said to the old lawyer father:"Dad, you remember you handled the Nazon John and Peter's endless lawsuits? It took me a month to solve it smoothly. You see, even the lawyer fees are hand. I don't know how you can take so long also not successfully see through."Old lawyer:"The child, you know how I for you finish law school?"

2Chinese, accept education, spiritual shackles of multi constrained thinking, even nature. A Chinese persecuted rather Dutch act, rather than against the case is not uncommon. The lawyer as Chinese also is not affected by the traditional thoughts, but it should be conscious and break, for parties and maximize their own interests no ground for blame to the extent permitted by law, as to whether the justice, fairness and so on, is not considered, the lawmakers problems.

 

Achieve three, the formation of rule of law depends on the legal culture and legal belief

Humor.During an alumni study in Germany, in a library, the purse was stolen by thieves, bag20Euro. He was not ready to alarm, but the library security has reported to the police, not to5Minutes, a female police rushed to the scene, ask the situation, then asked him to do the record, police woman said: "the automatic safety system libraries has recorded the dignity, the police today can be posted a photo of the thief to the police station. If you can't find the thief, we will send the tapes to send television broadcast repeatedly, until the case is solved."

"I see us, only20The euro, not the selectmen. Even caught the thief, the cost is too high." He said the policewoman.

No.!We are the police, not a businessman, only business people worth, and the dignity of the law can not be measured by money. The thief broke the law, he must be punished by law." Police woman said sharply.

The results, when the second days of television broadcast the thief stealing the video, the thief arrested.

Interpretation and law from the perspective of law embodies the wisdom of:

1First of all, this story gives us the feeling is in the western legal culture and beliefs of the contrast of the large. In fact, regardless of the legal cost countries and regions, the cost but little, and report to or unwilling to report of the country or region, often have to pay a higher price.

2, deeper understanding, legal culture and religion is not built in a day, and China with feudal tradition two thousand years, officer, business, science Chinese be too strong to break the iron triangle, the rule of law also long! The so-called rule of the China, are only a formality, away from the real rule of law country, if no special event to promote, hundreds of years to budget, will not be excessive. Special conditions of legal occupation should be aware of the place, can not copy the west, combined with the actual party works, solve problems.

 

Four, the legal occupation should have "strategic vision and thinking globally, and strive for all ages"

Humor.Legend has it that during the spring and Autumn period, Lu made a law, if the people of the state of Lu foreign see compatriots were sold into slavery, as long as they are willing to pay a ransom people, then returned to Lu, the state will give them the compensation and reward. The law enforcement for many years, a lot of people become homeless in other countries was saved, so can return to the motherland. Later Confucius had a disciple named Zi Gong, he is a wealthy businessman, he came back from abroad for many people of Lu, but refused to state compensation, because he don't need the money, willing to share the burden of the ransom. But it's more than Confucius scold, said Gong that do things offensive to God and reason. The scourge of countless fallen state compatriots.

Confucius said: "everything, but righteousness, and only two words, the original law, seek but a 'meaning' the hearts of the people of the word, as long as we see the victim's countrymen have sympathy, as long as he is willing to take the trouble to atone for the people, to their fellow countrymen back home, he is you can do one good deed. After the state compensation and reward for him. Let this act of kindness will not suffer a loss, and get everyone's praise, if things go on like this, willing to do good people will be more and more. Therefore the law is good law." Confucius also said: "his the doings, although he won him more high praise for themselves, but also enhance the 'meaning' requirements. People go to the state back for those for the people, not only may never get everyone's praise, and may even be people laugh, asked why they don't like such as the country share. The sage said, "this is the 'meaning' and 'and' opposition, so not only is not good, he is the most hateful evil."

Since the master, many people will not pretend not to see fellow. Because they are not "so rich, but if they ask the state to give a little compensation if they were reprimanded. Many people were therefore not returned.

Interpretation and law from the perspective of law embodies the wisdom of:

1Occupation, the law should have a strategic vision, standing on a height to look at a problem, do not rigidly adhere to one thing at a time, to "seek overall situation, seek lasting" thought, to map out a strategy, evaluating the pros and cons, decisions.

2, avoid: short-sighted, interest to forget righteousness, pick up a sesame lost watermelon.

 

Five, the legal occupation should put themselves in a correct position, respect for opponents, respect for peers

Humor.Write a letter to another lawyer to a lawyer was dictating a typist.

"The letter how to write?" The typist asked, "Dear sir? As usual?"

"Respect? He is a real playboy and a liar, however, cannot be called. Or, as my dear colleagues!"

Interpretation and law from the perspective of law embodies the wisdom of:

1Member, whether a lawyer or notary judges, prosecutors, should put themselves in a correct position, respect for colleagues, respect for opponents, respect for the parties, this is not the only occupation moral requirement, is also a manifestation of personal mind, realm, cultivation. Only one person can tolerate, broad-minded, poly people, can obtain the success, fame and fortune come.

2Legal service providers, in particular, should know how to respect the opponent, respect for the judge, prosecutor. Some legal services put not your identity position, the court will be equal to the ordinary people or parties, speech act does not respect the opponent, even malicious attack the other person, exposing the privacy weaknesses, which not only damages the dignity of the law, but also damage their reputation, the party or the audience greatly on the law, legal occupation, legal occupation evaluation; at the same time, as a party shall also rational response to attack or to warn the other agent or defender attention to its identity, not can be give tit for tat response, makes the further deterioration of the situation. For judges, prosecutors also should be respected, as the court legal services Chinese basically can do, but the lower court, behind the outcome of the litigation because of the need to appease the parties and often difficult to do. In fact, although the court behind, under the heart or careless words, but are often further propagation, in the course of time will also enter the judge, prosecutor or peer influence and harm caused by ear, since need not wordy.

 

Six, analysis of legal workers, to solve the problem to be able to seize the "key", a surprise move

Humor.The three men went to the woman's house to propose, parents about their situation.

A: I have1000Million!

B: I have a house, value2000Million!

Her parents are very satisfied, he askedCWhat, are there in your family?

CA: I what all have no, only a child. Now that the children in your daughter's belly.

A,BSpeechless after listen to, go.

Interpretation and law from the perspective of law embodies the wisdom of:

1Humor, this tells us a simple truth, the core competitiveness is not the money and the house, is in the key position, to have their own people. In our country, the legal road will be long, you or me is not, but so environment of rule of law, you and I also engaged in the legal occupation, which had led to Chinese is a personal social reality, even for people to find the right person, otherwise it is difficult to achieve the desired objectives.

2Humor also told us, this,ABThe practice is legal workers not desirable, since the information onlyCThe mouth, it has a relationship with the event, credibility is low, should be investigated to determine the facts behind the evidence to decide on. Otherwise, notCTrap. In other words, legal workers should have the legal thinking, the truth must be through the relevant evidence to prove the facts.

 

Seven, "nothing in the world is difficult for one who sets his mind to it," also applies to legal occupation

Humor.A high IQ SCI, work, in the world's most famous consulting company from small to large, excellent but late, until30To think of marriage to do, then started his blind road.

Everything and others out of the ordinary, the foreign influence, develop efficient work for girls of his early experience called "Market Research": the main receiving enthusiastic relatives and elders, do not look at the conditions, first to a wheel test.

No gain in a month, she took a weekend, wrote a "summary", lists ZhangExcelThe form, all date features one one columns, screening contrast, outline their own characteristics, the most unacceptable for example, clearly not see two rich generation.

The two stage is large, with tricks is "sea election": a big net, online acquaintance, acquaintance, dating age, a week10One, accelerate the process of. This phase lasted three months, still frustrating. The girl immediately brake, she made aExcelThe form, this itself is the object of study, the advantages and disadvantages of a parallel, analysis of the causes of failure, never soft on his.

Third, she read a lot and date related articles, for their many "small change", objects such as meet, she no longer uses the working language "we connect" later, but replaced more suggestive "you have let me have confidence to date". She will choose some suitable for each topic, also changed the shape, for example, put down her hair.

After half a year, the girl power I, and a blind date fall in love at first sight, rushed to get married.

This is my understanding of the high IQ science girl, and I finally know now, why she qualified as a100Million yuan of work.

Interpretation and law from the perspective of law embodies the wisdom of:

Nothing is impossible to a willing mind. This is everyone for having heard it many times saying, but the real through practical experience seldom. This proverb at least tell us two things: (1) things in the world can do (2) the premise is to do a conscientious, or effort. Can also add one point, that is the right direction or method. In fact, success is so simple, first of all have faith, I believe they can succeed; secondly, to try to find out the right way, or path, and then have to go, that is natural.

 

Eight, interested in the legal occupation friends remember: but to do good, not about the future. Not to entertain imaginary or groundless fears!

Humor.A Russian, a Cuban, a America businessman and a America lawyers met on the train. The Russians took out a bottle of vodka to give everyone a cup, then the remaining half bottle out of the window.

"Why did you throw?" USA asked the merchant.

"Our country some vodka, how to drink to drink could not finish." The Russian said.

After a while, the Cuban people please cigar smoke, he took two will send smoke throw out the window.

"I thought the Cuban economy is difficult," America businessman said, "but you have kept the good smoke."

"Smoke......" The man said, "there is much more in Cuba, we do not know how to deal with it."

Americans sat in silence for a moment. Then stood up to seize the lawyer, took him out of the window.

Interpretation and law from the perspective of law embodies the wisdom of:

Many will have to enter the legal occupation groups of friends, worry about overcrowding, run behind one's expenses, and even difficult to maintain their livelihood. In addition, legal workers have entered is meager income, tirelessly counsel in the legal occupation portal prowler, making it much more enormously proud of one's success, even be preoccupied by some troubles. Primary school is a "Xiaomaguohe" text, each individual's situation is different, the natural view, on the same thing treatment is not the same. USA lawyer compared with China, the number more, lawyers in the America although poor reputation, but very decent job and income does not poor. Legal occupation in our country has just started, the market potential is huge, what's to worry about! Even at home, income of more than a million also meet the eye everywhere.

 

Nine, from the respective legal occupation occupation duties, to deal with the problem of

Humor.Two old friends who haven't seen for a long time met in the street, one on crutches.

What about you. Another concern ground ask.

"I had a car accident six months ago."

"So serious, still using crutches!"

"The doctor said that can be lost, but my lawyer thinks not."

Interpretation and law from the perspective of law embodies the wisdom of:

1The lawyer engaged in agent or defender, business analysis, problem solving, from occupation duty requirements, should not the fetters of Yu Gongping, justice, moral factors, these factors are the legislation should be considered in the content, the lawyer, is in the allowable range of specifications, the maximum benefits, of course also makes the maximization of their own interests, to achieve a win-win situation.

2As a judge, judgement, must be considered as much as possible to reflect the legal justice and fairness. Otherwise, the law is difficult to become a belief of people, even by people disgustful.

 

Ten, the legal occupation should be "cautious", "look before you leap"

Humor.This is a robbery.

Defence lawyers said: "the defendant's right hand into the window to steal something. His right hand is not equal to his whole person, how can because of a right hand to crime and punish the people?"

The final sentence: "the defense opinion rational, be adopted. The court decided that the defendant's right to a year in prison. Whether the defendant with the right hand to go to jail together, by his own decision."

A wooden hand lawyers quickly help the defendant to install in his right arm down to the judge, then took only a hand the March off.

Interpretation and law from the perspective of law embodies the wisdom of:

The humor, the judge apparently in the lawyer's trap, the judges in action, because did not take into account the "right hand is the anomalies hand". In our view, it may simply be a humor, in judicial practice, thieves will not be from a jail, we have such view is limited to the environment for the rule of law and the judicial practice of our own. But, in a foreign country, the law is commonly accepted and beliefs of the circumstances, the authority, dignity of law and judges need to be maintained, it can't be put in prison for execution of the punishment of larceny. Judicial practice in foreign countries, have had a similar situation, such as the death penalty execution by hanging, but not a criminals are hanged to death, beheaded, because of problems, knife in the death of the neck stopped, in accordance with the law, shall not be executed second times the death penalty, death penalty it was a narrow escape from death. The judicial practice of our country, also appeared the death squad, sent to the crematorium for cremation when they wake up (not fatal), but the death has not spared death, back to continue execution.

 

Eleven, the procedure justice -- legal occupation is China overlooked justice

Humor.The public prosecutor asked the witness; "you said the day you go to visit the defendant, so what did he say?"

Opposition. Defence lawyers said: "ask not in conformity with the procedures!"

Then, prosecutors and lawyers have the questions whether the procedure argument for an hour, and finally the judge ruled against: invalid, the witness must answer this question.

The answer: "did not say what, he was not at home."

Interpretation and law from the perspective of law embodies the wisdom of:

This story is Chinese thought humorous or funny, because lawyers and prosecutors fierce fight for an hour, only to find out in the end there is no value. In the pragmatic people's eyes, foreigners may be a bit silly, strange! Foreigners and Chinese people's thinking is different, often foreigners thinking within the specifications for solving method in order to realize the maximization of their own interests, the thinking of the Chinese people often like failure specification, in the specification search resources to maximize their own interests. When foreigners in their own interests to maximize, and no damage to the national system, and people destroyed the national system, the breeding ground of corruption, chaos and order, cause endless trouble to future. In the design of the legal system, the domestic law gradually the procedural justice and substantive justice, equal treatment, domestic legal occupation should pay attention to the justice of the procedure, evidence and procedures shall be as a means to achieve their goal of litigation, the facts of the case that have important role.

 

Twelve, in the process of practicing law, investigation and evidence collection work must be meticulous, ready

Humor.The lawyer asked the witness:"Your age?"

Witness:"Twenty-three years and a few months."

The lawyer asked:"Just a few months?"

Witness feel helpless answer:"It's been one hundred and twenty-nine months."

Interpretation and law from the perspective of law embodies the wisdom of:

A lawyer's practice in the workplace, the pre-trial work, investigation and evidence collection of the course of the trial published in defense or attorney, or debate in court investigation, all need to maintain a high level of vigilance, should use legal thinking to analyze, judge things, try to cover all possible cases, and make verification. And not to analyze, judge things by using conventional thinking of ordinary people, so for some abnormal factor is not taken into consideration, may lead to the fact is not clear, eventually lead to erroneous application of the law, to achieve their expected litigation target. Exercise the ability, can communicate with colleagues, to hear the case, read books, their actual case handling experience operation way, the key is to go to the attention and thinking, in the course of time will develop such habits, so as to truly become a qualified legal person.

 

Thirteen, the rule of law necessary cost operation -- to Chinese lawyer knot

Humor.In the defense lawyer strain every nerve, the defendant was acquitted.

In front of the court, the defendant lawyer asked: "you have been released, we will break up. Now you finally told me the truth, do you really committed a crime?"

The defendant answered: "Mr. lawyer, when I was in the court to hear you make me exciting defence, I just know, originally I was innocent."

Interpretation and law from the perspective of law embodies the wisdom of:

"What happened at that time; we think what was happening; evidence of what was going on; this is three different things, the law recognizes only the last one." Whether civil or criminal cases, there are legal truthfulness and objective truthfulness relations. Judicial workers is the duty of the court case investigation and reduction of the truth, as far as possible to make the legal facts and the objective reality, in order to achieve fairness and justice. Maybe the individual cases, objective truth not to reproduce, individual justice suffered a defeat, but it is necessary for the smooth operation of the cost of rule of law, in the long run, it will be more conducive to the citizens to raise awareness of the law, the law enforcement more standardized law enforcement, the establishment and development of legal constantly, so as to promote the rule of law, better to protect the basic rights of citizens.

 

Fourteen, lawyers should be divergent thinking and active, can adjust to changing circumstances appropriately to emergencies

Humor.A butcher met him on the road to find lawyers.

He asked: "if a dog ate something else, then the owner of the dog Is it right? For his dog with money?"

Lawyers answer: "of course it is."

Butcher: "mean what you say?"

Of course. I specialize in litigation lawyer, I speak have legal basis."

"So, would you please give me ten bucks, because your dog ate my flesh."

The lawyer smiled: "well, I agree. But, you know, I was a lawyer, who charges $twenty to consult me every time, so you have to pay me twenty dollars, the amount I compensate you ten dollars, you owe me ten dollars."

Interpretation and law from the perspective of law embodies the wisdom of:

The cunning fox and then also a good hunter. The humorous story let us see the strain ability of lawyer to deal with emergencies, the butcher of pre-set "set", careful preparation, a lawyer or a calm easy to resolve and income. Admire Yu, ask not only how to develop such skills? Qinnengbuzhuo is good training, a hard one. Usually to see more, listen more, read more, practice more, and thinking hard, accumulate steadily. Just like the lyrics written: nobody can casually succeed! Success comes from experience, accumulation, diligent...... American Harvard University School Student requirements must be completed every day500The amount of reading page, otherwise will not be eligible to be a member of the school, think about reading a year is much, so well read, not how to broaden one's horizon, ideas, how to be others! As long as you are willing to, in fact you can also, as long as you keep at it, after three years will change!

 

Fifteen, the legal occupation in the workplace should anyone as a "rogue" treat, prevent more

Humor.A small town in California had a bank robbery, the robber just hidden money, he was arrested by the sheriff. The robber was smuggled in from the side of the Pacific, and will not speak English, Sergeant had to go to please Macarthur when the translation. After a fatigue bombing of torture, the robber insist not to tell the money hidden in there. No way, the sheriff had to play the part of a black face, roaring call Macarthur told the robber: "don't tell me, had shot him!"

Macarthur faithfully to the message out. About translation too well, the robbers scared to ramble in one's statement: "money in the town center well in, let him give me my life."

Macarthur turned to look dignified, tell the sheriff: "this kind of kid, die not recruit. He called you to shoot him."

Interpretation and law from the perspective of law embodies the wisdom of:

1From this sense of humor, the avoidance system necessity and rationality, but also to avoid litigation avoidance and need to have the legal condition, as the legal occupation will be extended to the litigation avoidance principle, and the cause of challenge, personnel have been extended, such thinking can be more comprehensive, detailed, to ensure the collection of information materials true.

2As the sheriff, with the wrong people, please a Jiancai Wangyi guy when translation, and does not take into account possible translation involves money is false; as a robber didn't anticipate will place obstacles in the way, so that life on the line. The law in the setting of the rights and obligations of the specification, each man as "brazen". Similarly, the legal occupation in the workplace towards any person should also be set as "brazen" treat.

 

Sixteen, the legal occupation to exercise comprehensive, meticulous, careful thinking

Humor.A law graduate students to a classmate of message: Recently back in a few days "Specific provisions of criminal law ", proud, and see who all want to try him for years. On the way, march off after a big black dog hit me, I said to myself: sense of escape after traffic accident, at3Years or above7Years in prison, or whether it is there7The first year of life. Walk a few steps added: estimation of discontent16Years old, shall not be prosecuted. Then think carefully, the sentence is too hasty, it drink? Drug? The account is the home? Not at home, enjoy diplomatic privileges and immunities? Have an accomplice? A partner, whether it is plays the main role? Is the recidivism? On parole? Whether it is a first offender? The spirit of the normal? Is the dog? In addition to some unspoken rule is not written in the book, for example, is dry pet? Animal protection association is a judicial intervention of call back? Is there a leadership? The Supreme Court and the supreme law there is no new judicial interpretations promulgated? The current criminal policy has been lenient, are also given heavy sentences? If the rabies virus loiter on me, that Is it right? To combined punishment for several crimes? There are too many factors, too much is not taken into account, so don't look down upon in the law, they are back in a few books, in fact, than the atomic bomb made easy.

Interpretation and law from the perspective of law embodies the wisdom of:

1The law student, message despite divergent thinking, thinking a lot, but there are still many shortcomings, how can such as the subject of crime is the dog, the dog's life also dozens of years, how can the16Years for the age of criminal responsibility for it, regardless of these, only from the legal point of view to our enlightenment is: a correct judgment is always relative, must have the necessary and sufficient conditions, leave this condition, the correctness of the judgment is uncertain.

2In the rule of law, China environment in the legal occupation, occupation need to consider the problem basically divided into two aspects, one is the professional knowledge of law, how to deal with the law; one is outside the law factors may influence the processing conditions of law --.

 

Seventeen, the legal services must be within the law for the parties to benefit maximization

Humor.Someone standing on the dock, his lawyers told the judge he is deaf.

"Are you deaf?" The judge asked.

"Yes, a little can't hear." Answer the reverent and respectful.

Interpretation and law from the perspective of law embodies the wisdom of:

1, "criminal law" article306The provisions of the defenders and agents ad litem, destruction of evidence, evidence obstruction of witnessing, though controversial, but in the present criminal law is preserved, is hanging in the legal service head of a sword, in the China legal environment, and often by the judicial personnel for use against the legal services. So the legal services, especially a lawyer should "have whatever one's heart desires without transgressing" in the criminal cases, is the best policy. Otherwise, use the popular saying: come out to mix, sooner or later is also.

2Many times, the party is not, as the industry summary "when things are unpredictable, it is". In addition, the intelligence, thinking often on the agent or defense ideas about not enough, but also difficult to face each other agent or defender, judicial personnel adjust to changing circumstances in the court or tribunal, or get dizzy with success, to reach the objective outspoken, often intentionally or unintentionally be agent or defender exposure. The legal services to provide legal services to ensure that justice is our party by the law, not necessarily to win the lawsuit or acquitted, must not seek acquittal will own involved, breaking the law to win the lawsuit or, The loss outweighs the gain.

 

Eighteen, the law should save occupation

Humor.Abroad, in a fiscal year with a sum of money has not yet decided how to spending, there are two main areas in need of repair, one is the Central Primary School, two is the city jail. Then held the enlarged meeting of the Standing Committee meeting, the Standing Committee discussion, each sticks to his argument, it is difficult to form an effective conclusion. Finally, a retired veteran leadership sincere words and earnest wishes to say: "you think this life is likely to go to primary school?" A silence...... Three minutes later, all agreed to the payment for the improvement of prison life environment.

Interpretation and law from the perspective of law embodies the wisdom of:

This is a very cold humor, can let a person feel chilly, even desperate grief. Living in such a country, people still have what to look forward to?! During the reign of, namely using their power to put your future in the worst case is arranged, and everyone agreed. This can not help but let the author think domestic sacked a county county Party Secretary, said: "in the Standing Committee who dare say fuck yourself is clean, you stand up!" And the network to a recent Shaanxi province county leaders, in the face of56The petitioners request processing their own events, to rebuke: "you live in vain50For many years, in Chinese, what thing is legitimate!" Although it is exaggerated, but make a pointed comment. As the legal occupation, we can get inspiration: (1) on their occupation law environment should know (2) to humor in "the old leadership" learning, save (3) contact with the parties, some do matters must "when the thing" when completed, once finished, you know. Chinese has a saying that "the person goes, tea cool"!

 

Nineteen, the legal occupation should be learning, grasp the law and the legal spirit, not rigid, dogmatic understanding of law

Humor.There is a beautiful stream of Switzerland's the Alps. Here is the fast flowing salmon swim upstream, once a year, the only way which must be passed back to the upstream spawning. At the same time, it has also become an ideal fishing fishing enthusiasts, every year because of fishing for salmon fish catastrophic losses, is said to be the natural loss of several times. The Swiss government and set up a sign by the river, with all the text reads: "fishing is forbidden here". However, to the problem, not fishing, I Is it right? Can fish with other method? So there is the local residents in the shallows set net fishing, it is said that each day can return fully loaded. The government does not, said it was a violation of law, can also speak plausibly fishing. Say you just can't go fishing, did not say not fishing. The lawsuit has been hit by the Supreme Court, the judges that the: fishing is prohibited to invasion by the forces of nature protection salmon group not outside. While fishing for salmon fish threat than fishing, so banned all fishing for salmon. The fisherman was sentenced to imprisonment.

Interpretation and law from the perspective of law embodies the wisdom of:

1, "no crime without law", this is a basic principle of criminal law. But, what is called "plaintext"? Is to list all possible case situation? Of course not, nor may. It can only be highly abstract summarizes the core elements of crime of the crime, the gap between the provisions and rich and varied social life reality, in need of legal occupation by the method of legal interpretation to "mend", thus to apply law. With the passage of time, the emergence of new social case, legal occupation for the realization of justice, or even need to interpreting the law from legislative spirit. On the common practice the case law countries, in the judge's purview, case method to enjoy "free heart certificate" and "analogy", the judge can directly according to the concept of justice and the understanding of legislative intent to decide a case.

2,2011The judicial Juan Erdi2The crime was a problem child trafficking, nominal case narrative orphanages to intermediary fees charged will be orphans sold with the outside, whether it can constitute the crime of abducting and trafficking in children. Many candidates to choose the "no crime without law making it so" innocent treatment options. That is stiff, doctrine of legal provisions performance.

 

Twenty, the procedure justice is the justice of law from the more recent justice

Humor.Famous jurist Bentham said such a story: two people a piece of the pie. Can only use a knife to cut, no ruler, measuring tools to ensure balance what a knife down, cakes can be fair to be divided into two parts of equal. That is to say, two people are likely to suffer or account for cheap, in the distribution of the interests of the division, destined to be difficult to achieve substantive justice. So, how to let two people be sincerely convinced?

Bentham gave an answer: one cuts, the other one with.

Interpretation and law from the perspective of law embodies the wisdom of:

1A few years ago shocked the nation, the Simpson case was concluded. The Japanese judge announced in the "full USA all know that Simpson is the murderer." in the case of Thompson not guilty, and acquitted. The judge pronounced in after a person hiding in the office to cry -- he knows that Simpson is the murderer, Simpson himself had confessed! However, he -- and those from first to last all appeals court sentenced Simpson to death, have accepted the result. It is a genuine acceptance, with the law of piety and respect to accept -- because the decision is a legal procedure results.

2Legal, said: justice of law includes entity justice and procedure justice. But when you can't do both, how do we choose? Kant has had a brilliant exposition, he said: "an inaccurate judgment is water pollution, while an unjust decision is the source of water pollution." Entity justice and procedural justice, whichever, than another distance closer to real justice. But, procedural justice, legal justice is from the more recent.

3Legal occupation, from a broader, long-term view of justice, substantive justice, procedural justice, the spirit of occupation to realize justice, even non real justice. For example, people often for difficult event to draw (drawing), though not necessarily achieve justice, but we all feel fair, the results can be accepted. This way of making a decision is also reference to international competition, law.