These are two different things.
Two days ago, teacher Luo Xiang, who had been silent for a long time, posted an article "Is it fair and reasonable for a person to commit a crime and affect his children's entrance examination?" Then he was scolded on the hot search.
The reason is that Luo Xiang believes in this article that it is unreasonable for one person to commit a crime and three generations cannot take the civil service exam. "The basis of punishment should be retribution, supplemented by utilitarianism. Punishment can only be imposed when a person commits a crime. No matter how wonderful the social effect can be achieved, it cannot break through the most basic bottom line of "no crime and no punishment". ”
Teacher Luo Xiang's truth is very beautiful, but helplessly, most people seem to be unwilling to listen to him at all. He was denounced as a "virgin" or even "washing the floor for embezzlers" by those who advocated severe punishment of criminals.
Among these rebuttals, there is one person's name that is mentioned especially - Qu Wanting.
Give a brief science popularization to friends who don't know Qu Wanting well. Qu Wanting was originally a Chinese-speaking singer who went to Canada to study music and became popular with the song "In My Song". This person is usually full of style in interviews, speaks in English, travels to Phuket, even loves to find foreigners, usually cares about vegetarianism, advocates some "milk is drunk by humans, so what do calves drink?" "Stuff like that...
In short, at first glance, this person seems to be the kind of overseas Chinese rich second generation, family and foreign business, daily money, so there is no shortage of money to play music.
But later, an anti-corruption case exposed her old bottom - it turned out that she was an authentic Northeast girl, and when she was a child, she couldn't wait to shout "cuihua on sauerkraut". The only reason why she can pretend to be so "foreign" is because she has a mother Zhang Mingjie who she regards as a "hero".
According to public reports, the old mother, then the deputy mayor of Harbin's Daoli District, took advantage of her position in charge of the restructuring of state-owned enterprises to sell state-owned assets at a low price, selling Harbin's original breeding farm, which had a land value of more than 2.3 billion yuan, at a price of 61.6 million yuan, and ate a large amount of kickbacks. He also fictitiously transferred land use rights and defrauded nearly 350 million yuan of land requisition money...
After greedy for this money, Zhang Mingjie, a single mother, was able to support her daughter to pursue her "musical dream", their family put a piano of 10,000 yuan in the nineties, Qu Wanting wanted to study abroad, so she went to Canada's largest public higher education college, the tuition fee was nearly 200,000 yuan a year, and it was 9 years of study... All of this happened at the end of the last century and the beginning of this century when the income of the northeast, which was still low in the national income and was mired in the wave of layoffs, although Qu Wanting has always claimed that the money she spends on "chasing dreams" is her family's legal income, but seriously, only ghosts really believe this nonsense.
After the incident at her mother's East Window, she told on social media that she was very painful, washed her face with tears every day, and cried out for her mother every year. But on the other hand, she refused to return to China, and still lived a life overseas with two parties for three days, drunk on money, and spent thousands of dollars - of course, she still insisted that the money was earned by herself.
For such a "greedy second generation", the masses certainly hate the itching of teeth. Therefore, teacher Luo Xiang said: "Personal crimes should not be linked to children." Many people instinctively thought of her, and then questioned Teacher Luo Xiang——
"Qu Wanting is going to die of laughter when they hear you say this."
"Qu Wanting: Teacher Luo understands me!"
"Don't say it, besides, Qu Wanting is going back to China overnight!"
When you ask this name, of course, you will feel that Teacher Luo Xiang's proposal is absurd.
But if you are willing to break through the fog of the Internet and think a little deeper, you will find that the ingenuity that netizens scolded Luo Xiang for shaking, seemingly ingenious but actually nonsense.
Just ask, Qu Wanting, who has emigrated overseas and drives a luxury car to live in a villa, does she really care that she is deprived of the right to test for civil servants?
You tell people like Qu Wanting that because your mother is a corrupt and you have benefited from her, so as punishment, I will deprive you of your right to take the civil service exam! How will she reply to you?
She would definitely only laugh: "Deprivation is deprivation, you please!" ”
Yes, isn't it good for people abroad to roll up the massive amount of stolen money left by their mothers? Qu Wanting's head has to be squeezed by some door seam, only to leave this kind of greedy second-generation leisure life, but crying father and mother have to return to China to take the civil service exam, take a small preparation, and go to work on time every day?
You see, this is the nonsense in the thinking logic of netizens who scold Luo Xiang - they understand according to their own life conditions, instinctively think that the civil service examination is a great "right" and "welfare", and feel that once the gold list is named, holding the iron rice bowl, they will "go ashore", how amazing.
What they don't know is that their incomparable diagnosis and "going ashore" is actually only the "first step in a long march" for families like Zhang Mingjie and Qu Wanting.
What is the reason why Zhang Mingjie is so crazy and ignores the greed of the shameful law? Is it to let my daughter continue to take the civil service exam? Stop pulling it off. Civil servants are a springboard for families like theirs, and by the time you catch Zhang Mingjie and want to punish them with "one person commits a crime, three generations cannot take the public exam", they have already sent their descendants to places where this rule cannot be punished.
We can even speculate that because of such rules, Zhang Mingjie will have an extra "sense of urgency" when he is greedy - he must hurry up to fish more and strive for a generation to make enough money, because once the East Window incident occurs, his children will have no chance.
You see, this is the law in reality. The law is not dead, it is actively involved in the functioning of society. When we make a draconian law in the hope that it will "sweep away all pests", you have to think that those who should be sanctioned are not dead, they formulate corresponding countermeasures according to this law, and it is likely that this "empty" situation will occur in the end -
We said to Qu Wanting: Don't let you take the civil service exam!
Qu Wanting said: If you don't let the exam, you won't let the test, my parents already knew, so they have already fished enough for me.
And this rule that originally wanted to sanction Qu Wanting and the people, who can really hit?
It is likely that it is really the children who are really innocent as Teacher Luo Xiang said, and they have not gained any benefits from their parents' crimes. Therefore, like us, you still have to mess around in this world, and want to fight for an opportunity to hold an iron rice bowl and "go ashore", and you deprive him of this opportunity because of a birth problem, what do you think they will think of society?
Of course, I know that even if I analyze it this way and tell you that this stick can't hit Qu Wanting, many people still oppose Luo Xiang's idea of abandoning this stick. Because when they think about legal issues, they adhere to a pre-modern judicial principle of "can kill wrongly, never let go". The underlying calculation of this thinking is: my parents have not committed a crime, I am not expected to commit a crime in my life, and for me there is only gain, not harm.
However, as I have explained in the article "Why are the most obsessed with "heavy codes in troubled times", often grass people", any excessive or improper punishment is spillover, once formulated, it will never honestly stay in one law in the implementation, but will definitely overflow, "polluting" other laws - such as Luo Xiang's "personal crime affects the children's examination of public service", among the children of the perpetrators of the rule, there may be people like Qu Wanting, maybe a few, maybe a lot, But there are definitely the same children who are not "stained" by the parents who commit crimes.
Put a punishment on these people for no reason. The most hidden danger of this approach is that it breaks through the bottom line of modern law on individuals "no crime and no punishment". And if this bottom line can be broken, everyone is in danger -
If you agree that even if a person is not guilty, but society achieves the utilitarian purpose of the law (it is better to kill by mistake than to let go), you can still punish him. So one day, when this logic is applied to yourself, will you cry out for injustice?
Therefore, it is different from the general preference of the public "rather kill by mistake than let go". Teacher Luo Xiang's proposition "It's better to let it go than to kill." "It is precisely the cornerstone of the spirit of modern jurisprudence, and human beings have exchanged immeasurable heads and immeasurable blood for this common sense." We know today that if and only if this cornerstone of law exists, individuals are free from the fear of unwarranted threats to punishment in the hands of public power.
Teacher Luo Xiang reminds everyone not to forget this basic principle, and he reminds us that he is actually protecting all of us as individuals.
You may disagree with some of his inferences, but please do not insult him and deny the cornerstone of the modern legal system – otherwise you will be too ignorant, like a barbarian just emerging from a cave on a mountain.
Qu Wanting couldn't hurt half a hair, but through the "public knowledge" of hitting Luo Xiang, she once again demonstrated that she deserved to be punished innocently, what do you want?
A short comment, I don't want to write more, let's talk about two views on this matter at the end.
First, from the mention of teacher Luo Xiang that "criminals should not implicate their children", netizens shouted "Qu Wanting liked" and other ridicule. Once again, I feel that the Internet (especially a platform that encourages short posts) is really not a place to be reasonable, but a place to raise the bar and shake the wit.
Compared with honest writing arguments, logical reasoning, shouting slogans, shaking wit, and raising the bar indiscriminately, it always has stronger vitality on this platform.
For example, in addition to "Qu Wanting liked", another famous bar that mocked Luo Xiang this time was a big V with 6 million fans said by a certain Bo "Why?" A dog bites people, and three generations can't be a guide dog! ”
Unlike Qu Wanting's joke that can also be reasonable, this paragraph doesn't even know where to start with him - directly treat people as dogs to discuss, and so many people follow the trend and like, think his analogy is reasonable. The superficial thinking habits that the Internet has cultivated for the audience can be seen.
Second...... I directly used a passage from Absalom-sensei to summarize, because I think what he said already reflects my heart:
In this world, the most cheerful of torture is often the weak who are the focus of torture;
Those who always advocate that "iron blood decides everything" are often sheep who are always determined by iron blood;
Those who like the "Dark Forest" theory the most, playing the Dark Forest game usually do not survive the first episode;
These people, they can live well, just because those who really have the right to decide, treat what they say as farts...
Calm thinking,
Stay away from the lifting bar;
Cherish common sense,
Protect Luo Xiang.
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