Luo Xiang is on the hot search again, because of the movie "Article 20", he was emotional, and his speech was meaningful
All the viewers who have watched the movie "Article 20" have a deeper understanding of the "Article 20", for example, the following audience commented very uniquely, he said: Zhang Guisheng is the 20th article that is too late, Hao Xiuping is the 20th article that is too late, and Han Yuchen is the 20th article that is brave in the future.
There is also an audience member who is very talented, not only throwing out the literary commentary of "Mencius: Devoted to the Heart", but also incisively concluding: The significance of this movie is to make more people have expectations for fairness and justice, and it has a certain popularization effect on the law, such as legitimate defense.
It can be seen that the audience is very concerned about the content of the movie and expresses their opinions, no, even Mr. Luo Xiang posted a video for the first time after watching the movie "Article 20", recalling his path to public law popularization, largely because of Article 20. also used the vernacular that everyone can understand, to explain how "justifiable defense" applies to the cases in the movie.
#罗翔看了电影第二十条#这个话题也很快冲上热搜.
Mr. Luo Xiang's interpretation of the core of "Article 20" in the movie is completely different from that of a film critic, but the professional opinion of a legal person.
It turned out that Mr. Luo's first popular law article that received 100,000+ readings was in 2017 when Yu Huan's "Mother Humiliation and Murder Case" occurred, with the title of "Details of the Rule of Law|What Crime Should Those Who Kill and Insult Their Mother?", write an article on how to understand Article 20.
In this article, Mr. Luo Xiang began to emphasize that "we must substitute the position of the defender, and do not turn on the rational person of hindsight at every turn", and this view has also won everyone's approval.
As a result of the "mother humiliation case", one person was killed, two were seriously injured, and one person was slightly injured. At that time, justifiable defense was still a "sleeping law" and was rarely activated. Therefore, the general public and even legal professionals did not have much hope that Huan would be able to obtain a light sentence in the end, and sure enough, the court of first instance sentenced Yu Huan to life imprisonment.
Teacher Luo Xiang's point of view is that for legitimate defense behavior, we should not open God's vision, let alone hindsight, but stand in the position of ordinary people in advance. Mr. Luo Xiang also repeatedly used the "manure pit case" as an example.
A woman who was raped by a gangster pushed the gangster into a dung pit in the process of being hurt, and stepped on the other party's hand to prevent the gangster from climbing up.
Some people think that stepping on the first foot is called legitimate defense, and stepping on the second and third feet is called post-defense, but this kind of judgment is too rational and cold-blooded. Speaking of this, Mr. Luo Xiang immediately turned on the "extralegal maniac" mode, which was very funny and humorous, but pointed out sharply:
At this time, there is no computer to show how many drops of blood the gangsters still have? How much combat strength is left? Life is not a game! If it were me, I would have to throw a brick until the gangster's hands were trampled to pieces.
Borrowing from this case, he said that there is no such thing as a "rational person" in the law, only a "flesh-and-blood ordinary person", let alone a "perfect ordinary person", so the law must be immersed in the scene, and it must take the position of the defender, rather than being too harsh on the defender.
Returning to the Yu Huan case, the result of the first instance was that the people had doubts about the legal criteria for determining legitimate defense, and they were not satisfied. In the end, the second instance found that Yu Huan was in excessive defense, and the sentence was changed to five years. This result not only gave Yu Huan and the people of the whole country an explanation, but also further awakened the application of the long-dormant justifiable defense law.
At the same time, after watching "Article 20", Mr. Luo Xiang found that there were situations in the movie similar to the "Yu Huan's Murder Case" and "Yu Haiming's Anti-Murder Case", and the application of legitimate defense.
In order not to spoil it, Mr. Luo Xiang also rigorously used the familiar protagonists "Zhang San, Li Si, Wang Wu" when commenting on the movie. I have to say that as a lawyer, Mr. Luo Xiang is really rigorous! And his way of speaking is different from that of film critics.
He said that the gangster insulted his wife in front of Zhang San, and then walked away, and Zhang San chased after him and stabbed him to death.
Also, Li Si flattened the bully in a key middle school, and the bully's father is Zhang Si, the school's director of teaching, and if he doesn't apologize, it will affect Li Si's future, you are Li Si, do you apologize?
Regarding the cases involved in the movie, Mr. Luo Xiang said that the excitement of the plot lies in the fact that the protagonist and the audience should adopt the standard of ordinary people who are substituted for the position of the defender. Or is it the standard of a calm and rational person who is high up on the top?
The latter is easy to overlook, and human beings are involuntary in special situations. And Mr. Luo Xiang's first million-dollar hit article happened to be about the "Yu Haiming Anti-Homicide Case" that was applicable to legitimate defense, also known as the "Kunshan Anti-Homicide Case".
In the "Kunshan Anti-Homicide Case" that occurred in 2018, Liu Hailong and Yu Haiming, two people who had nothing to do with each other because of a small traffic accident, but it was of great significance to the two lives: the former brandished a long knife to threaten the latter, but unexpectedly took off the knife, and the latter picked up a random wave, and in just a few seconds, the knife hit, resulting in Liu Hailong's death. Finally, the Kunshan Municipal Public Security Bureau and the procuratorate successively issued notices, determining that Yu Haiming's actions were justified defense and did not bear criminal responsibility.
Mr. Luo Xiang said that this was his first million+ article, and it also made him realize that law popularization is meaningful and valuable, and every hot case is the best opportunity to popularize law.
He said that anyone who studies criminal law knows the content of Article 20, but if you ask him what Article 19 is, it is estimated that most criminal law professors may not be able to answer it. Now there is no more concern and familiarity for the common people than the "Article 20 of the Criminal Law".
It can be seen that the core of the story told in the movie "Article 20" is closely related to each of us. Let's knock on the blackboard and get to the point. Mr. Luo Xiang personally interpreted the latest spirit of the "Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on the Application of the Legitimate Defense System in accordance with the Law".
The opinion points out that as to whether an unlawful infringement has begun or ended, a reasonable judgment should be made in accordance with the law based on the circumstances in which the defender was in the defense, and in accordance with the general understanding of the public.
And Mr. Luo Xiang also used the vernacular to give everyone the confidence to legally defend their rights, he said: If the defensive behavior is legitimate, but the result is improper, or the defensive behavior is improper, but the result is legitimate, it is not excessive defense, but legitimate defense!
The essence of justifiable defense is to encourage citizens to stand up and fight against wrongdoing. Therefore, the significance of the movie "Article 20" also lies in this.
From now on, when we encounter bullying in our lives, when we encounter injustice, when others are in trouble, and when we ourselves face difficulties, Article 20 will really give us the confidence to defend ourselves and give us the courage to stand up! After Mr. Luo Xiang's interpretation, I am ready to watch it again immediately, and friends who haven't watched it should also hurry up, don't miss such a wonderful movie.