Chapter 371 The necessity of optimization
"justifiable defense?"
Hearing these four words, Meng Yi and the officials of the Ministry of Justice frowned slightly.
Although they vaguely realized the general meaning from the literals of these four words, they were still confused. That is, what is self-defense?
"Yes, self-defense!"
Li Yang nodded and explained: "Self-defense, also known as self-defense or self-defense. It refers to the act of stopping illegal infringement against a person who is engaged in illegal infringement. This behavior is self-defense. If the damage caused to the illegal infringement by legitimate defense, he or she will not be held criminally responsible. In this way, it will correct and fill the shortcomings and defects of the laws and regulations on private fighting."
"How wonderful, so wonderful, haha..."
A word seemed to wake Meng Yi up, which made him suddenly clapped his hands and screamed, "Good solution, this is really a wonderful solution!"
Meng Yi was both surprised and happy. A self-defense would perfectly distinguish what is a private fight and what is a legal counterattack?
Moreover, this law of self-defense directly covers the legality of counterattacks under various circumstances. This does not require limiting the counterattacks in each case, which is not illegal.
This can be said to be a simple and exquisite plan. A law has turned the counterattack in many situations into legitimacy.
High, really high!
At this moment, Meng Yi looked at Li Yang with admiration.
Of course, the officials of the Ministry of Justice under the hall also admired Li Yang's talents and admired him for his promiscuity.
A seemingly extremely complex problem can be thought of a perfect solution in a flash. This wisdom that is so profound is simply amazing.
And it can also be seen from this that Li Yang's proficiency in the Legalist theory has obviously reached a state of flexibility and unfathomable use.
For a moment, everyone deeply felt that in the application of the law and the formulation of the law, they were all inferior to those of the king.
At this moment, Meng Yi and a group of officials from the Ministry of Justice bowed deeply and said in admiration: "The King of Zhen Guo is really a god. I can easily get the magic tricks and I sigh that I am not as good as I am!"
"Hahaha……"
Li Yang laughed loudly, waved his hand, and said modestly: "You are too rewarded. How can I compare with the gods? After all, I spent three breathing time on this method. What I thought of just now is not worth mentioning or not worth mentioning."
Three breathing...
Hearing this, Meng Yi almost choked by it.
With three breaths, he came up with such a clever plan. He even used the word "full" and this...
He suspected that Zhen Guojun was deliberately showing off, but there was no evidence.
Meng Yi's expression was stunned and he had to subconsciously say, "Sir, I'm too humble."
"You don't have to be polite!" Li Yang waved his hand boldly. He had long since caught a cold about these flatteries. He couldn't help but sigh: "You ordinary people are still powerful. I can just tell you a way. You can all make a wonderful flattery. I really can't accept it. Okay, let's not talk about it anymore, let's talk about the serious business."
"……………” Meng Yi and the officials suddenly felt like they wanted to die.
Li Yang became serious again and said: "Self-defense is just a concept. In specific details, your Ministry of Justice still needs to carefully formulate corresponding explanations. For example, taking defensive actions for ongoing crimes, murder, robbery, forced women, kidnapping and other violent crimes that seriously endanger personal safety can all be self-defense and do not bear criminal responsibility."
"We've recorded it." An official from the Ministry of Justice responded immediately.
Li Yang said again: "Of course, blindly pursuing self-defense is not feasible. It is impossible for someone to slap you first, and you have to use a knife to fight back and stab someone to death, right? Therefore, the nature of private fight and self-defense still needs to be clearly distinguished."
Everyone nodded in agreement with each other, and agreed with each other very much.
Meng Yi said: "This is simple. All fighting spirits and disputes can be regarded as private fighting. Any acts that stop illegal crimes can be regarded as self-defense, so that private fighting and self-defense can be clearly distinguished."
Li Yang nodded: "Yes, you should consider the specifics yourself. In addition, self-defense must also be at a certain level. For example, if someone commits an attack and hurts someone, you will knock him out if you counterattack, or the opponent has lost the ability to attack. If you still kill the opponent, this naturally cannot be considered as self-defense, but as excessive defense, so there must be an explanation about excessive defense."
After hearing this, everyone nodded in admiration.
This excessive defense can be said to be a correction and supplement to the law of legitimate defense, which is really important.
To be honest, everyone has to admire Li Yang again.
A simple law can instantly think of the shortcomings and defects in this law, correct and supplement it. If everyone did not witness it with their own eyes, they would not believe that he had thought of it temporarily, but would think that he had thought it out after careful consideration.
Everyone looked at Li Yang with deep admiration again. They originally wanted to exclaim another word, but when they were on their lips, they swallowed it again because they were worried that Li Yang would say that they were flattering.
Looking at the admiration of everyone, Li Yang was accustomed to it. At the same time, he thought that in the implementation of the law, there were often situations in the future that self-defense was difficult to be recognized. During the implementation, it was quite common that the crime of intentional injury was considered very common, and there were few judgments on self-defense. Therefore, Li Yang couldn't help but add: "One must be paid attention to, self-defense must be clearly defined and not ambiguous. It is also necessary to eliminate the phenomenon of "who can make trouble, who is reasonable" and "who is killed and injured, who is reasonable", and resolutely defend the rule of law spirit of "the law cannot concessions to the law"!
"(PS: I don't mean to criticize the laws of later generations. But I always believe that the laws are made by people, so they cannot be perfect and can accept imperfection. However, when we know that there is a struggle and there are problems, we should constantly correct and supplement the laws and gradually optimize the laws. On September 3, 2020, the Supreme Court announced the guiding opinions on the application of the legitimate defense system, which is a kind of progress. Finally, I am a patriotic person. The various reform methods in this book are actually from later generations, so it also means that I agree with the reform policies of later generations.)
"Here!" Everyone answered immediately.
At this point, Li Yang nodded with satisfaction, turned to wave to the woman outside the lobby, and called him into the lobby of the Ministry of Justice.
When the woman entered the lobby and saw a group of officials, she was naturally a little scared.
However, she was eager to save her husband, but she still said anxiously: "Zhenguojun, it is late autumn now, and my husband will be asked to be executed soon. I hope Zhenguojun can save my husband as soon as possible."
"Don't worry, the Ministry of Justice will make this case retrial from Shandong."
Li Yang comforted.
At this time, Meng Yi asked the woman: "Which county did your husband's case be tried?"
The woman said: "It was originally the trial of Langya County Government, and then transferred to the Shandong Provincial Government Office for trial."
"Shandong Provincial Government?" Li Yang and Meng Yi were both stunned. They were a little surprised. How could this ordinary case be transferred to the province?
You know, in Qin, there is no procedure for appeal like in later generations. The case of this woman’s husband is so great. After being tried by Langya County, she was transferred to the province, and then she even went to Jingjin to appeal, which was simply awesome.
As if he saw everyone's confusion, the woman said: "It was Gongshu's Lord who helped the husband of the people and submitted the case to the provincial yamen. However, the provincial yamen also said that the law was like this, so he had to uphold the original verdict. Finally, Gongshu told the civil yamen that there is only one person in the world who can save my husband, that is, the king of the country. So... the civil yamen came to Xianyang."
Hearing this, Li Yang suddenly realized.
However, I was a little curious, because Li Yang was naturally very familiar with the person she mentioned, and it was the public send book of the Daqin Engineering and Manufacturing Department.
So he quickly asked: "The Gongshu Book of the Engineering and Manufacturing Department? What is the relationship between your family and the Gongshu Book?"
"Yes, the husband of a civilian woman is a craftsman in a shipyard." The woman replied.
"So that's it!" Li Yang finally understood completely.
In other words, if it weren't for the public output book, the woman would obviously not have thought of coming to Xianyang to find her.
At this time, Meng Yi asked the woman's husband's name, and immediately wrote a letter of order from the Ministry of Justice, which roughly means that the Shandong Provincial Government will put the case on hold for the time being and decide after the revised new law comes out.
After writing this order, a personal guard came, and Meng Yi handed the order letter to the guard and said, "So quickly pass this order to the Shandong Provincial Government!"
"Here!" The personal guards took the order and left.
After doing all this, Meng Yi said: "Okay, I will let the Shandong Province put your husband's case on hold for the time being. If you retried it soon, you can go back with confidence."
The woman was overjoyed when she heard this, but she still asked again: "Will my husband be acquitted?"
Meng Yi said: "As long as the case is as you said, it should be acquitted."
Hearing this, the woman finally breathed a sigh of relief, then plopped, knelt at Li Yang and Meng Yi, kowtowed desperately, and thanked him repeatedly.
Li Yang quickly helped the woman up and saw that she was holding the child. Xianyang was thousands of miles away from Shandong. It was not easy for the mother and son to go back, so he ordered the Ministry of Justice to arrange a carriage and give it to the woman with money.
Chapter completed!