It is reported that on March 13, the Hainan delegation group meeting of the second session of the 13th National Peoples Congress considered the two high reports. Sun Qian, deputy chief procurator of the Supreme Peoples Procuratorate, attended and responded to some questions. When he talked about the case of Zhaoyu in Fuzhou, he said that there should be no excessive demands on legitimate defense and bravery.
This statement undoubtedly gives new meaning to the judicial practice of being brave and just. Although from the legal provisions of our country, there is no lack of support for the courageous act of righteousness, but in practice, it is still affected by many factors, which is not smooth in the judicial determination. However, there are many practical cases before and after the phenomenon of brave acts of righteousness was written into the civil law.
The latest case is Zhaoyu case in Fuzhou. After the incident, Zhao Yu was first detained by the police for suspected intentional injury, and then transferred to the procuratorial organs for suspected negligence causing serious injury. The first identification of the prosecution also left a tail that Zhao Yus behavior is legitimate defense, but beyond the necessary limit, thus making a relative non-prosecution decision.
Under the guidance of the highest prosecution, the procuratorial organs in Fuzhou finally decided that Zhao Yuyiyongs act of causing serious injuries to the unlawful infringer was justified defense and was not liable for criminal responsibility according to law. Sun Qian explained, He does not use any other tools or weapons. They are between fists and feet. They cannot demand excessive demands for legitimate defense and bravery. They must be appropriate and say,You cant do anything with his fists. We cant restrict this. We should encourage residents to do brave acts of righteousness.
Indeed, righteousness and courage are the guardians of human conscience and justice. For a civilized society ruled by law, such good deeds are valuable and need the most powerful and timely judicial support. Because stopping unlawful infringement is a difficult task, without legal support and encouragement, most people will not be able to take such heroic actions. If the legal provisions also require the implementation process of brave actors to be as precise as a clock and not exceed the necessary limits, otherwise criminal liability will be investigated. Thus, the judicial operation of overdemanding is not conducive to the legal spirit of supporting and protecting citizensrights and interests, nor to encouraging brave acts of justice.
It is worth mentioning that in recent years, great changes have taken place in the perception of courage and righteousness. It is against the rule of law that ordinary people are granted the power to fight criminals and private law enforcement from act of righteousness to be innocent, which may lead to the proliferation of violent lynching and anti-rule of law. By March 2017, the General Principles of Civil Law adopted by the Fifth Session of the Twelfth National Peoples Congress voted to redefine act of righteousness and courage, for example, it stipulates that if the victim is harmed by voluntary rescue, the rescuer will not be rescued. Bear civil liability , in order to dispel the worries of those who act for righteousness, and then to Sun Qians deputy chief procurators position, for the sake of righteousness and courage for theloose tie, can not have too high requirements for the act of righteousness and courage. This cognitive change is an important progress in itself. It also embodies the positive attitude of the supreme judicial organ of the state to comply with the publics voice, activate the dormancy clause and encourage courageous action.
However, this kind of recognition also urgently needs to be transformed into the corresponding judicial executive power. From the current legislative situation, although the relevant provisions are scattered in civil law, criminal law, judicial interpretation, etc., how to better implement the specific cases of bravery for justice in judicial practice needs to be further systematically combed.
It is the proper meaning of a society ruled by law to standardize courageous actions, to encourage citizens to stand up and to stop illegal violations effectively. In this way, the world will become more and more beautiful.
Source: Qian Mingxiao_NBJ10675, responsible editor of Beijing Newspaper