The killer lost his mind in extreme anger.
Legal function is embodied in normative function and social function.
Normative functions include:
1 guidance function
The law guides people's behavior by stipulating behavior patterns, guides people to become, not to become or to become a certain behavior, and thus affects people's behavior.
2 evaluation function
People judge and measure the legitimacy and degree of other people's behavior through legal norms.
3 Prediction effect
In this way, the actor can predict the behavior of the parties and the consequences of their actions through legal norms. (In the film, Carl Lee asks his lawyer Jack Burgens for help before he kills someone. This is because the lawyer predicted that he might predict that the client might do something illegal, and the opposing lawyer could apply to the court for an injunction, and Carl Lee might be punished by the predictive function of the law. )
4 the role of education
Through the implementation of the law, legal norms have an impact on people's future behavior.
5 compulsory action
The implementation of the law is guaranteed by the state's coercive power, and the responsibility of the offenders is investigated to play a deterrent role, which is the guarantee in the first four articles. The two rapists in the film will be punished by law after the incident is exposed. )
Social functions include:
1 Maintain social order and peace. (I won't write it specifically)
2. Promote social change
3. Ensuring social integration
Control and resolve social disputes and disputes.
Promote the realization of social value goals
In the film, Jack began to want to defend his murder by committing a crime of passion, so the testimony of a psychiatrist appeared in court, but in the end, Carl Lee was innocent because he was a vulnerable group and needed legal protection. He shot and killed two criminals and seriously injured a policeman. I must be sentenced to death if I pass by.
The story of Philadelphia
The United States is a capitalist country, and its lawyer system is based on the private ownership economy of capital concept. He obeys and serves the capital system to make drugs.
Lawyers are different in nature.
As national legal workers, lawyers in China are different from judges, prosecutors, public security and judicial administrative police.
American lawyers do not distinguish between senior lawyers and junior lawyers, and are collectively called lawyers.
Lawyers have different status.
China's position and role as a lawyer has just started.
American lawyers have a high status.
Lawyers come from different sources and have different compositions.
China full-time and part-time invited lawyers.
America is all the same.
Lawyers have different business scopes.
Different development scales
Highest crime
Grassroots judicial organizations are temporarily established, and senior judicial organizations are specialized and permanent.
The organizers of the dish are complex and diverse.
Many times, the third instance is the final instance, and the death penalty is approved by itself.
Courts have different titles, and military courts all have ranks.
There is no prosecution lawyer in the trial procedure of military court.
No plaintiff
The Shawshank Redemption
The penalty involved is life imprisonment.
Commutation and parole execution system
China's main punishment
control
periodical
life imprisonment
death sentence
Studio 1: Twelve Angry People
Types of evidence
Physical evidence, witness testimony, statements and excuses of criminal suspects, and expert conclusions stated by victims.
film
The testimony of women and the testimony of old people.
The little boy's own words, the confessions and excuses of criminal suspects and defendants
Corpse victim
Physical evidence of building plan
Irene Brockovich
Fault principle
Take the fault of the actor as the principle of imputation and bear civil liability
No fault principle
Rules and principles for judging whether the actor should bear civil liability.
Principle of fairness
The principle of no-fault liability is not stipulated in the law, but it is unfair to apply the principle of fault liability, which is to distribute the damage between the parties according to the principle of fairness.
In the film, the residents who drink water are sick, which is related to drinking water and caused by drinking water pollution. The phenomenon of enterprise sewage discharge is related to the name of the disease: the principle of fault liability applies.
The Rainmaker
Continental law system
Completely inherited Roman law.
Implement codification, legal abstraction and conceptualization
Clarify the division of labor between legislation and judicature, emphasize the majesty of formulation and development, and generally do not recognize the function of judges in formulation and development.
Law plays an important role in promoting the development of law.
Anglo American law system
Centered on Britain and based on English common law.
Take case law as the main form of expression and follow precedent.
Change is rather slow and conservative.
Judges play a prominent role in the development of law.
This system is very complicated.
Focus on procedural litigation centrism
different
The origin of law is different.
The classification of laws is different.
The compilation of code is different.
Litigation procedure is different from judgment procedure.
There are also many conceptual differences in legal terms.
In the film
An important evidence was stolen, which can't be used as evidence according to the code, but the protagonist found a case, which is valid as long as the lawyer didn't participate in stealing the evidence.
crack
The protagonist of 1 decided not to pay the medical expenses, and his wife died.
The protagonist's carefully planned behavior is obviously premeditated.
differentiate
1 subjective aspect
Britain and the United States
Malicious premeditation equals murder.
our country
The intention of hurting others lies in the consistency of subjectivity and objectivity.
2 The result requirements of the constituent elements are different.
Britain and the United States
Murder requires a death result.
our country
Regardless of the outcome, as long as the perpetrator has an objective intention to kill, it constitutes intentional homicide.
Different Intervention Factors of Causality Interruption
Britain and the United States
Interruption of causality does not constitute murder.
our country
It only affects the accomplished and attempted forms of crime.
Different punishments
hero
life imprisonment
beautiful
Different states.
our country
The punishment range is large
Conviction in defense grounds has different functions.
Britain and the United States
According to some reasons, it can be changed to bear a lighter crime instead of premeditated murder. The main reason is passion killing. The murderer lost his mind in extreme anger and killed out of control.
our country
not have
Different classification
Britain and the United States
Intentional murder
Murder with intent to cause serious bodily harm.
Extremely reckless murder, despicable murder
Felony murder, felony murder
our country
Direct or indirect intentional homicide, attempted murder
Eastern Jin trial
Different implementation protocols
The International Criminal Court was established in accordance with the Rome Statute and the Charter of the International Military Tribunal for the Far East.
Different time of existence
The International Criminal Court is a permanent judicial institution, and the Far East Military Tribunal is specialized in trying Japanese war criminals, which will be abolished after its completion.
Different jurisdictions
The Far East Military Tribunal specializes in trying Japanese war criminals. The most serious crimes of the International Criminal Court include genocide, crimes against humanity and war crimes.