wants me to say that this is what Chinese political and legal dramas should look like. Personally, I don't want to see how lawyers in American dramas use the legal provisions to walk in the gray area again and again to obtain the best interests for their clients. These are too far away from me and also It depends too much on the lawyer's personal mood and conscience. I am unlucky and have a low winning rate. I am not so lucky to meet such a superhero hero. I would rather have a drama to talk about Chinese law , and the so-called "harmony".
When I was young, I hated "he thin mud" and thought that the law should be either Ding Mao or Mao. With the growth of experience, I gradually changed this view, because I found that the people who like to study laws and precedents the most in the world are precisely The group of people who most want to "be thieves", really, if these people didn't become thieves, they might have become legal elites long ago.
Autumn is here, take a small chestnut.
As we all know, Toutiao's platform is friendly. In order to maintain the community atmosphere, I, like many netizens, volunteered to be a "public judge", and then I found some intriguing phenomena, such as several comments from the same user were reported, these comments It is indeed a violation, but if you click on it to see the cause and effect, you will find that the user is actually the victim who was offended and provoked, but no one reported the party who started the war (even some people's answer is to deliberately start the war), as " "I can only vote against the reported comments, and finally a wonderful phenomenon occurred. The "victims" were deleted one after another, and the "perpetrators" were safe and sound.
, as a third party, I also followed and observed, some "victims" really don't know they can report, while some "perpetrators" have many fans and respond to every call. Even if both parties report each other at the same time, the report initiated by the "perpetrator" may be because There are a large number of people, and the system will give priority to push. I sometimes help to report, but this situation is too many, it will be numb.
Some people may say that this is because the Toutiao community system is not perfect, allowing "thieves" to take advantage of the loopholes, but the plan can't keep up with the changes, and the system can't keep up with the times. The application of new technologies is often before the system is formed. For example, the current Internet information Encryption technology is far from enough. As a former front-line employee of the Internet, as early as the era of portal websites, I can see a large amount of private information, not to mention the e-commerce business later. If I have the heart to be a thief, I can completely dig The article stipulates that "it can be done if the law prohibits it". Fortunately, I don't want to be a thief.
Therefore, in most people's minds, "law" is not those rules and regulations, but a social bottom line and public bottom line of "doing what you don't want to do to others". Even if there is no legal stipulation, most people know what to do and what to do. It shouldn't be done. Instead, people who want to be thieves tend to care more about rules and regulations, and focus on how to avoid rules and become thieves. In the first eight episodes of
, the sudden death of the anchor portrays a boss who wants to be a thief. (A reminder here, because of the plot, this case is different from the real case, so please do not take the right seat)
It is obvious that the boss hired a lawyer not to obey the law, but to calculate how to maximize the benefits under the current legal framework. An unequal brokerage contract extracts the maximum labor value of each anchor, while avoiding labor law . This situation is actually similar in the online literature circle. The copyright contracts of some websites are essentially brokerage contracts, which are essentially unequal labor. Treaty, these websites use the profit system to occupy the author's labor time over time, use the list and recommendation system to frame the author's labor content, and more typically are the deliverymen trapped in the system. These are all technologies running ahead of the system and sticking to regulations , is the greatest injustice to the workers and to the society, is the "harmony".
also has a sensational mother-humiliation case. In my opinion, the actual prototype of this case is precisely the Internet public opinion "harming the mud", saying "all the villains", the defendant deliberately hid a knife, the defendant's mother Su Mou Illegal fund-raising + Lao Lai, usury and violent collection, in short, there is no good person, and they still sleep. However, the real villain has been invisible in the public opinion field. Fortunately, the law does not have "harmony", and it will not hit 33% of the big board like the public opinion. In reality, the defendant was too defensive and deliberately hurt and was sentenced to fixed-term imprisonment. In 5, the defendant's mother, Su Mou, illegally raised funds and was sentenced to 3 years in prison and a fine.Wu Xuezhan, the organizer of the interest loan - the real villain behind the scenes, the head of the underworld gang was sentenced to 25 years in prison, and the rest of the gang members also received the punishment they deserved. It would be even better if victims who joined the underworld and their families had access to justice.
Regarding this case, there is also a plot in the TV series. It is mentioned that there are shadows of loan sharks behind the public opinion. Bit-buying exposure, those are psychological precautions, and the control is limited. I am afraid that those who are really controlling the Internet public opinion field are those forces hiding in the dark. The tendency of reports to be unreliable is obvious, so the self-media broke the news and the small composition often has more biased information (maybe there is a certain degree of credibility but there may also be major hidden dangers), not to mention that there are navy forces behind it.
Chinese law is actually not muddy, but complicated. American dramas give me the feeling that American law is scribbling the rules and resources, and then lawyers compete like gladiators. In social governance, etc., it is necessary to consider that it is actually the most difficult to "get through the mud", but the easiest to "take advantage of". Reason, human nature, and public opinion can all be used as weapons to attack this system.
So, can you not make it so complicated and learn from the United States to engage in gladiatorial combat?
It depends on which class you are in, and which class you want the social order maintained by the law to be more beneficial to.
