Daqin started with offering immortal medicine

Chapter 371 The Necessity of Optimization

"justifiable defense?"

Hearing these four words, Meng Yi and the officials of the Ministry of Punishment frowned slightly.

Although they vaguely realized the general meaning of these four words, they were still confused.That is, what is legitimate defense?

"Yes, justifiable defense!"

Li Yang nodded and explained: "Justifiable defense can also be called self-defense, or self-defense. It refers to the actions taken to stop the illegal infringement against the person who is doing illegal infringement. This kind of behavior belongs to legitimate defense. Those who cause harm to the unlawful infringer shall not be held criminally responsible. In this way, the deficiencies and flaws in the law on the crime of private fighting will be rectified and filled.”

"Miaozai, Miaozai, haha..."

One word seemed to wake up Meng Yi, and he immediately clapped his hands excitedly and exclaimed, "Good way, this is really a wonderful good way!"

Meng Yi was both surprised and delighted, a legitimate defense, doesn't it just perfectly distinguish what is private fighting and what is legal counterattack?

Moreover, this law of self-defense directly covers the legality of counterattack under various circumstances.In this way, there is no need to limit the counterattack one by one, which is not illegal.

This can be said to be a simplification, an ingenious plan.One law makes the counterattack in many situations legal.

High, really high!

At this moment, Meng Yi looked at Li Yang with eyes full of admiration.

Of course, the officials of the Ministry of Punishment also admired Li Yang's talent.

For a seemingly extremely complicated problem, a perfect solution can be thought of in an instant. This kind of wisdom is simply amazing.

And it can also be seen from it that Li Yang's proficiency in the legalist theory has obviously reached the level of flexibility and unfathomable application.

All of a sudden, everyone deeply felt that in terms of the application of the law and the enactment of the law, compared with Zhen Guojun, they were ashamed of themselves and others.

At that moment, Meng Yi and a group of officials from the Ministry of Punishment bowed deeply and said in admiration: "Zhen Guojun is really a god-man, and he can come up with clever tricks at his fingertips. I can't help myself!"

"Hahaha……"

Li Yang laughed loudly, waved his hands, and said modestly: "Everyone is overwhelmed, how can I compare with a god and a man, after all, it took me three full breaths to come up with this method, no Worth mentioning, not worth mentioning."

three gasps...

Hearing this, Meng Yi almost choked on the words.

In the space of three gasps, he came up with such a clever strategy, he actually used the word "full", this...

He suspected that Mr. Zhen was pretending to be coercive on purpose, but there was no evidence.

Meng Yi's expression was blank, and he could only subconsciously say: "My lord is too modest."

"You don't have to be polite!" Li Yang waved his hands proudly. He has long since stopped catching cold with these flattery, and couldn't help but sigh with emotion: "It's still you ordinary people who are so powerful, I can just come up with a solution Come on, you can all come up with a perfect flattery, I really can't accept it. Well, let's not talk, let's talk about business."

"..." Meng Yi and a group of officials suddenly felt like dying.

Li Yang regained his composure and said, "Justifiable self-defense is just a concept. In terms of specific rules, you still need your Ministry of Criminal Justice to deliberate and formulate corresponding explanations. For other violent crimes that seriously endanger personal safety, defensive behavior can be regarded as justifiable defense and does not bear criminal responsibility."

"I will write it down." The official of the Ministry of Punishment responded immediately.

Li Yang said again: "Of course, blindly pursuing justifiable self-defense will not work. It is impossible for someone to slap you first, and you have to fight back with a knife and stab him to death, right? Therefore, the difference between private fighting and justifiable self-defense The nature of the space still needs to be clearly distinguished."

Everyone nodded in sympathy, agreeing extremely.

Meng Yi said: "It's simple. Any fighting caused by vindictiveness and disputes can be regarded as private fighting. Any behavior to stop illegal and criminal activities can be regarded as legitimate defense. In this way, private fighting and legitimate self-defense can be clearly distinguished. Behavioral distinction."

Li Yang nodded: "That's right, you have to figure out the specifics yourself. In addition, there must be a certain level of self-defense. For example, if someone commits an attack and hurts someone, you counterattack and knock him out, or the other party has lost the ability to attack." , If you still go to kill the other party, this naturally can no longer be regarded as a legitimate defense, but an 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 self-defense, and it is really important.

To be honest, everyone had to feel admiration for Li Yang again.

A simple law, but he can instantly think of the shortcomings and flaws in this law, and correct and supplement it. If everyone has not witnessed this ability with their own eyes, they will not dare to believe that he thought of it on the spur of the moment, but will Thought he thought it out after careful consideration.

Everyone looked at Li Yang again with deep admiration.Originally, he wanted to praise again, but he swallowed the words again, because he was worried that Li Yang would say that they were flattering.

Seeing everyone's admiring expressions, Li Yang took it for granted.At the same time, he also thought that in the implementation of the law in later generations, it is often difficult to identify legitimate defense. During the implementation, it is quite common that the crime of intentional injury is biased, and it is rare to see a judgment of justifiable defense, so Li Yang can't help but Then he added: "One thing must be noted, legitimate defense must be clearly defined, not ambiguous, and it is necessary to put an end to the phenomena of 'whoever makes trouble is justified' and 'whoever is killed or injured is justified', resolutely defend the 'law and cannot give in to lawlessness' 'The spirit of the rule of law!" (PS: I don't mean to criticize the laws of later generations, but I always think that the laws are made by people, so it is impossible to be perfect, and I can accept imperfections, but I know that there are struggles and problems It should be constantly rectified and supplemented to gradually optimize the law. On September 2020, 9, the Supreme Court announced the guidance on the application of the justifiable defense system. This is a kind of progress. Finally, I am a patriotic The various reform methods in this novel are actually from later generations, so it also means that I agree with the reform policies of later generations.)

"Here!" Everyone responded immediately.

Only then did Li Yang nodded in satisfaction, turned his head and waved to the woman outside the lobby, calling her to enter the lobby of the Ministry of Punishment.

When the woman entered the lobby and saw all the officials, she was naturally a little scared.

However, she, who was eager to save her husband, still did not forget to say anxiously: "Mr. Zhen, it is the end of autumn, and my husband will be killed soon. I hope that Mr. Zhen can save my husband as soon as possible."

"Don't worry, the Ministry of Criminal Justice will order Shandong to retry the case."

Li Yang comforted him.

At this time, Meng Yi asked the woman: "Which county is your husband's case handled by?"

The woman said: "It was originally tried by the Langya County Government, but later transferred to the Shandong Province Yamen for trial."

"Shandong Provincial Yamen?" Li Yang and Meng Yi were taken aback, a little surprised, how could this ordinary case be transferred to the provincial government.

You must know that in the state of Qin, there is currently no procedure for appealing as in later generations.And this woman's husband's case is serious, Langya County tried it, and then transferred to the province, and then she even went to Gyeonggi to appeal, it's awesome.

Seeming to see everyone's confusion, the woman said: "It was Mr. Gongshu who helped the husband of the civilian woman and submitted the case to the provincial government. However, the provincial government also said that the law was the same, so the original judgment had to be upheld. In the end, Mr. Gongshu gave the case to the civil servants." The woman said, there is only one person in the world who can save my husband, and that is Lord Zhen. So...the woman came to Xianyang."

Hearing this, Li Yang suddenly realized.

However, I was a little curious, because the person she mentioned was naturally very familiar to Li Yang, and he was the public transport book of the Daqin Engineering and Manufacturing Department.

So he hurriedly asked: "The public transport book of the Engineering and Manufacturing Department? What is the relationship between your home and the public transport book?"

"Yes, the woman's husband is a craftsman in the shipyard." The woman replied.

"So it is!" Li Yang finally understood completely.

In other words, if it wasn't for Gong Shuji's idea, this woman obviously wouldn't have thought of coming to Xianyang to find her.

At this time, Meng Yi asked the woman's husband's name, and then immediately wrote a letter from the Ministry of Punishment, which roughly meant to ask the Shandong Provincial Yamen to put the case on hold until the revised new law came out.

After writing this order, a guard came, and Meng Yi handed the letter to the guard, saying: "Quickly pass this order to the Yamen of Shandong Province!"

"Here!" The guard led the order and left.

After finishing all this, Meng Yi said: "Okay, I will order Shandong Province to put your husband's case on hold for the time being, and retry it in a few days, so you can go back with peace of mind."