Law and Conscience
Two years before the fall of the Berlin Wall, an East German guard named Henrich shot and killed a young man, Kris, who had scaled the wall in an attempt to escape to West Germany. At his trial after the wall came down, his lawyers argued that he was merely the man who carried out the orders, essentially without the right to pick and choose, and was not guilty of his own crimes. The judge, on the other hand, pointed out that ? As a police officer, it is sinful to fail to carry out the orders of your superiors, yet it is not sinful to fail to beat them. As a person of sound mind, you have the sovereign right to raise the muzzle of your gun by one centimeter at this moment, which is an obligation of conscience that you should automatically assume. In this world, there is conscience outside the law. When law and conscience are in conflict, conscience is the highest principle of action, not law. Respect for life is a universal rule.
To run the front walk the right way to spend money to bribe the election to be punished Hunan Yueyang City, a town held a general meeting to be by-election of a deputy mayor. The 34-year-old town of animal husbandry and aquatic station chief Zou Lu learned, then informed Zou You, Chai Rong*** with the discussion of how to run for deputy mayor. Zou Ruwu decided to take out 3,000 yuan, by Zou You, Chai Rong on their respective familiar with the National People's Congress bribe,*** bribe 27 deputies to the National People's Congress. Zou Luwu also use their own is the town people's congress of the fourth delegation head of the identity, with the town people's congress delegates to greet, the results in the election meeting successfully elected. Article 256 of the Criminal Law of China defines the act of disrupting an election as the crime of election sabotage in accordance with the law. The crime refers to the violation of the provisions of the election law, violence, threats, deception, bribery, falsification of election documents, false reporting of election votes and other means to disrupt the election or impede the voters and representatives of the free exercise of the right to vote and the right to stand for election, the circumstances are serious behavior. The local county people's court recently made a judgment on Zou Luwu election bribery, to "disrupt the election crime" sentenced to deprivation of political rights for one year. In June of this year, Zou Luwu because of election bribery by the town assembly dismissed the deputy mayor of the town. Zou You and Chai Rong, who were involved in the planning of the bribery, were exempted from criminal punishment.
Consultation chargesA butcher store owner bumped into the lawyer he wanted to see on the road. He asked, "If a dog steals and eats someone else's food, does the owner of that dog have to pay for his own dog?" The lawyer replied, "That's for sure." Butcher store owner: "Does your speech count?" "Of course! I'm a lawyer who specializes in litigation, and I speak with a legal basis." "Then, please pay me ten dollars for your dog stealing a piece of my meat." The lawyer laughed, "Okay, I agree. However, you should know that I am a lawyer, and I charge twenty dollars per consultation for anyone who consults with me, so you must pay me twenty dollars up front, and after deducting the ten dollars I compensated you for, you should still pay me ten dollars."
Right-handed crime This was a theft case. The defense attorney said, "The defendant just put his right hand in the window and stole a couple of things. His right hand is not equal to his whole person, so how can you punish the whole person for a crime committed by one right hand?" The judge finally ruled, "The defense has merit and is accepted. The defendant's right hand is sentenced to one year's imprisonment. Whether the defendant goes to prison with his right hand is up to him." The lawyer quickly helped the defendant remove the wooden prosthetic hand mounted on his right arm and handed it to the judge, then pulled the defendant, who had only one hand, away.
ExhibitsThe young lawyer lived in an apartment, and because the apartment had only one kitchen, which he often had to share with others in the building, the food he kept in the refrigerator often disappeared. On one occasion, he ordered a roast chicken, which was supposed to be delivered the following Monday, but ended up being delivered on Friday. As a precaution, he put the chicken in the refrigerator with a note. When he opened the refrigerator on Monday, the roast chicken was still there. The note read, "Do not touch! Murder evidence."
Cultural relics protection challenges Shortsightedness demolition of ancient bridges One day in 2003, in a village in Zhejiang Province in order to travel for the convenience of the villagers, unauthorized demolition of the ancient stone bridge built during the Jiaqing period of the Qing Dynasty, the bridge has been recognized as a municipal cultural relics protection site in 2001, why the villagers have to demolish it can not be, it turned out that the bridge has been a serious impact on the villagers' vehicular traffic, and the side of the other to build another cement bridge is a great cost, and the village's economic base is weak, and the cost is very low. The village's economic base is weak, so we decided to sell the ancient bridge stone at a cost of 120,000 yuan to a unit of Tongxiang Wuzhen, with the funds in the original site to build a cement bridge that can pass the car, and then the local town government to reflect the district committee, the district committee ordered the township government to the ancient bridge stone chased back, but the stone bridge has been unable to restore, it is too bad. Villagers do not meet their long-term interests, but also a violation of the law, according to the "Chinese people's *** and the State Cultural Relics Protection Law," Article 25 states: " non-state immovable cultural relics transferred, mortgaged or change the use of the level should be reported to the corresponding administrative department of cultural relics for the record; by the local people's government to help fund repairs, should be reported to the corresponding administrative department of cultural relics for approval. administrative department of cultural relics for approval." Article 26 also states, " The use of immovable cultural relics must abide by the principle of not changing the original state of the relics, and is responsible for the protection of the buildings and their affiliated cultural relics, and shall not damage, alter, add to or demolish immovable cultural relics." It seems necessary to educate farmers about the legal system and the scientific concept of development.
Arguing over what just for sports classes A city private junior high school attaches great importance to the quality of teaching and learning, and every time we meet the principal will say: "The quality of teaching and learning is our life, and if this year's junior high school exams are not good, then the enrollment situation is grim, and some teachers have to be laid off. So some of the secondary classes to cut points, such as physical education examination is the school's own operation, less class does not affect the sports performance ...... ". Teaching junior two junior three physical education teacher Wu is a city famous teacher, the school cut the junior physical education class practice expressed dissenting views. Once, in order to fight for the junior students to two periods a week physical education class, Mr. Wu and the principal had an argument, the matter was later reflected to the city education bureau. The leader of the municipal education bureau praised Mr. Wu for being a famous teacher in the city, and criticized the principal of the school and asked the school to offer three physical education classes per week in the junior high school. Why did the leaders of the Municipal Education Bureau praise Mr. Wu? Because according to the "school sports work regulations," the provisions of Article 10: " to carry out extracurricular sports activities should be from the actual situation, according to local conditions, lively and lively. Ordinary primary and secondary schools, agricultural secondary schools, vocational secondary schools should be arranged every day, arranged more than three times a week extracurricular physical activity, to ensure that students have one hour of physical activity every day (including physical education class)." Obviously the previous practice of the school was inappropriate. Laws and regulations, refers to the Chinese people's *** and the country's currently effective laws, administrative regulations, judicial interpretations, local regulations, local regulations, departmental regulations and other normative documents, as well as for such laws and regulations from time to time to amend and supplement. Among them, the law is understood in two ways: broadly and narrowly. Broadly speaking, the law refers to all normative documents; narrowly speaking, only refers to the National People's Congress and its Standing Committee to develop normative documents. When talking with regulations and so on, the law refers to the law in the narrow sense. Regulations, on the other hand, mainly refer to administrative regulations, local regulations, national autonomous regulations and special economic zone regulations.
From the heart but not over the rules. With the lawyer's best efforts in his defense, the defendant was finally acquitted. At the entrance of the court, the lawyer asked the defendant: ? You have been released and we are about to part ways. Now please tell me the truth at last, did you really commit the crime?
The accused replied: ? Mr. Counselor, when I heard your brilliant defense of me in court, I just realized that I turned out to be innocent.
Short comment: the lack of justice in individual cases is the cost of the rule of law to run smoothly, Chinese lawyers to untie their own knots, from the requirements of their professional duties within the norms to seek to maximize their own interests and those of their clients, which is nothing to be ashamed of.
Evidence. The young lawyer lived in an apartment, and because the apartment had only one kitchen, which often had to be shared with others in the building, the food he put in the refrigerator often disappeared. On one occasion, he ordered a roast chicken, which was supposed to be delivered the following Monday, but ended up being delivered on Friday. As a precaution, he put the chicken in the refrigerator with a note. When he opened the refrigerator on Monday, the roast chicken was still there. The note said: ? Do not touch! Evidence of murder.
Short comment: the way to use the army is to win by surprise.
Following good advice. Kodesh: Mr. Lawyer, what do you think if I send a fat goose to the judge with my card before the trial? Lawyer: you're crazy, you'll lose the case immediately for bribing the judge! The result of the trial was that Kodesh won the case. The next day he told the lawyer triumphantly: ? I didn't listen to your advice and sent the goose to the judge anyway! The lawyer said skeptically: that's impossible! Possible! He explained: It's just that I sent my opponent's business card with the goose.
Short comment: if this is what the lawyer so devised, then high! Really high! Both achieved the effect of the client, but also the bit outside the matter, there will be no trouble, can be said to be from the heart did not exceed the rules!