The "skin" here can be compared to justice, and "Mao" can be compared to law. It is believed that justice corresponds to the people and law corresponds to the ruling class, so it is easy to see that without the justice of the people, the law of the ruling class is of no value to anything. In this way, we can be sure that the law must safeguard justice for the people! If there is no just law, it is "regulation". No matter how good, comprehensive and detailed it is, it is not for the people's laws. Then the people have the right to protest and fight for the survival of life justice until it is finally overthrown!
Although my statement seems a bit extreme, looking back at the history from the Qin Dynasty to the Republic of China for thousands of years, when and every time "regime change" was not due to the corruption and tyranny of the ruling class, which led to the people's lack of just right to exist, and the people struggled to find a way out and fought to death?
History is a mirror, hanging high in the sky, so that justice can be carried forward in the world and the true "justice" can be defended! Here, there is no law, and the law is a rule made by the ruling class to maintain, continue and defend social justice. What meets the requirements of justice has the need of its existence value, and what does not meet the requirements of justice can never be abolished or overthrown!
Therefore, in the topic "When law and justice are in opposition", we must choose "Justice is more important"! Because only "justice" can guarantee the basic right of survival of each of us and the "right of self-defense" when we are illegally infringed! And for those laws that are not made for the sake of justice or the survival interests of the people, although there are many regulations and countless detailed rules? We only ask the people who live and work in peace and contentment to sincerely hope that the abolition should be abolished! If you need to change, change! Put really good laws and rules in line with the human right to exist into the right path, defend justice for the country and the people, and do meaningful and progressive things!
Instead of losing justice, they are still quibbling in the name of the law, abusing their powers, neglecting their duties and bending the law to harm the people!
Law is the embodiment of the will of the ruling class, and justice is the embodiment of public opinion.
Law is consistent with public opinion, which is the most harmonious time for the relationship between the ruling class and the people. The conflict between law and public opinion means that the contradiction between the ruling class and the people is growing.
The inconsistency between law and public opinion may be due to the people's concept not keeping pace with the times, or the laziness of the ruling class, or even the result of ignorant policies towards the people.
Generally speaking, the law serves the ruling class, and the ruling class has a state machine to ensure that its will is carried out. Therefore, law is more important to the ruling class and justice is more important to the people.
Within a certain range, the ruling class may make some concessions to ease class contradictions. At this time, the law was generally progressive and represented public opinion. But when it comes to the fundamental interests of the ruling class, the law becomes more important. But it may lead to the intensification of social contradictions!
When law and justice are opposed, which is more important?
What is justice?
Justice is something within the moral framework, and it is the representative of people's heart and public opinion.
At the beginning of the formulation, the law was also formulated on the basis of the moral system, and it should also reflect the will of the people.
Law and justice should be consistent in essence! It is the embodiment of the people's will and public opinion!
There are only two ways to conflict between law and justice:
First, amend the law, conform to public opinion and support justice!
Bring the law back to the origin and essence of representing public opinion and public opinion!
Second, within the scope of existing laws, conform to public opinion to the maximum extent and support justice!
In short, people's heart and public opinion are always right! Justice is always right!
Just change the law!
I wonder if relatives are satisfied with this reply? Welcome relatives to comment!
The original intention of making laws is to safeguard justice. When justice confronts the law, it shows that the original legislation has not adapted to the current needs, or that the original legislation is not perfect at present, and legislators should modify it to safeguard justice and kindness.
/kloc-children aged 0/3 should be protected by the law on the protection of minors. Obviously, children aged 10 should get more protection and their rights and interests should be protected.
So does this case give up the rights and interests of children who maliciously deprive others of their lives in order to protect the rights and interests of children aged 13? The existing laws exist and are in conflict, but justice should not be obscene, and justice should not be covered up by a law protecting minors.
The Law on the Protection of Minors protects minors who have been maliciously violated. Obviously, this rule applies to children who are 10 years old and are still picked up by their parents at school.
If 13-year-old children who maliciously deprive others of their lives are severely sentenced and considered by the law to be malicious violations of the rights and interests of minors, then this law is not necessary. The principle of application can explain all this.
When law and justice are opposed, justice is more important.
There are realistic examples in today's society. Like the case of "humiliating and killing her mother", Yu Huan used a knife to protect her dignity. Someone finally died. According to the law of China, killing people pays for their lives. However, the first-instance judgment was life imprisonment.
Because of the voice of the people, Yu Huan's behavior is considered just. So the second aunt's sentence is five years.
For example, the BMW case in Kunshan. BMW man hacked to death. Yu Haiming in this case belongs to self-defense and is not criminally responsible. Justice is the most important thing in the end.
Like Zhang Koukou's case, Zhang Koukou asked for live broadcast. For Zhang Koukou, life and death have been put aside. The law is no longer important to him. For him, what he wants is justice. Mother's injustice should be claimed, and the other party has not been dealt with fairly and needs to be punished. In the end, what he wants is justice.
In a word, laws are also made to safeguard justice and security. Why are there juries abroad? Is to have public opinion. Let justice last forever.
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Justice is important. Laws are compiled by lawyers to serve the ruling class. Some rulers serve the common people, a few serve the majority, and some serve the interests and a few rich people. Justice should be recognized by most people, and it is fair and reasonable. If the law only recognizes money, which money is more is reasonable and violates justice.
The difference between the subject of law and justice cognition is not a binary multiple choice question.
Law is based on the problems in social communication in a region or a country and the will of the people, and it is social cognition. In China, the starting point and destination of making laws and regulations is that the people are the masters of their own country. China has a fundamental law constitution and some specific legal provisions, which are the norms of people's behavior at a stage or a period. Everyone is equal before the law, and compliance is an obligation. Offenders will be prosecuted.
Justice is the result of people's moral cognition, which has regionality, nationality and nationality. Justice has no standards and no regulations. In the predatory international environment, justice is very fragile, even vulnerable.
So justice is only subordinate to the law? The answer is definitely no. The meaning of law is to safeguard justice. The law protects the interests of most people, and certainly hurts the interests of individuals. Besides, the law is not immutable. China has the task of amending legal provisions every year, even the Dafa Constitution is not immutable. This modification is based on the change of social contradictions or the interests of most people.
Whether laws and regulations are good or not is judged by whether they safeguard the interests of most people and whether they keep pace with the times according to the changes of social contradictions. The fact that the law does not control the public is the result of the law serving the minority. Law lags behind social development and cannot reflect the interests of most people. It is very important for the law to be phased and keep pace with the times. For example, the giant panda is a rare animal and is protected by law. Why is the reason for protection "cherish"? Suppose that one day the giant panda grows as many as "flies and mosquitoes", will it still be a national protected animal?
Therefore, law and justice are not mutually exclusive binary multiple choice questions. On the contrary, justice cannot be separated from law, and law is to safeguard justice. It is impossible for the law to cover all the injustices in the world, or it may fall behind the times and wronged "justice", but as long as we maintain it, abide by it and modify it, then the law must be a sword to safeguard justice!
There should be no conflict between national laws and justice. Law is the norm to regulate citizens' behavior and the embodiment of the will of the state, and the will of the people has also risen to the national law. Any citizen who violates national laws will be investigated by law, and legitimate behavior will be protected by law. The implementation of the law is actually to maintain the normal social order, warn and standardize people's behavior by cracking down on crimes and upholding justice. It is everyone's responsibility to safeguard the law and uphold justice.
Reflect the positive energy of society, when justice comes first!
In our country, law and justice are highly unified, and law is to safeguard justice.
The purpose of our legislation is to protect our just cause, protect national interests, protect people's lives and property, crack down on all criminals who endanger national security and national interests, and punish all criminal acts that endanger people's lives and property.
What is justice? Although it is a very complicated theoretical question, there is no standard answer. As far as China is concerned, justice can be summarized in eight words: freedom, equality, fairness and justice. Our country's laws are formulated for this purpose. Therefore, the law is a symbol of justice, and knowing and abiding by the law is to safeguard social justice. Justice and law are the unity of different sides, and there is no antagonistic relationship.
In reality, the contradiction between love and law appears from time to time, so there is a saying that the righteousness is above the family. Family ties, especially family ties, are more important than Mount Tai and the sky. But when family ties collide with the law, we must uphold the law, that is, uphold justice. If you choose love between law and love, you lose justice. This kind of love is not more important than the love of Mount Tai, but has become love and illegal love.
Several recent cases have caused extensive discussion. But in the end, the law won and justice was highlighted. The twists and turns of these cases are not legal issues, but the understanding of law enforcement is biased and the fairness of law enforcement is discounted.
In short, there will be no opposition between law and justice in our country. The problem now is to improve the law enforcement level of law enforcers, strive to achieve accurate and fair law enforcement, and make the law a sharp weapon to protect justice.