's annual judicial drama " Bottom Line " has come to an end. This drama series, which was filmed by Supreme Court , has attracted a lot of attention before its broadcast, and the cast is very large. There are dozens of powerful factions such as Zhang Zhijian , Wang Jinsong , Liu Mintao , Yue Yang , Zuo Xiaoqing , Yin Xiaotian , Huang Xiaolei, Li Naiwen and so on.
During the National Day, the author was earnestly chasing dramas at home, and indeed became a fan. Summarize three reasons: 1. Real cases, logically self-consistent ; 2. Acting online, old dramas are passed on to help newcomers; 3. Not compromising intelligence, not deliberately catering to specific groups, resulting in flawed content.
The first point is particularly important. All the cases of "Bottom Line" have real prototypes to check. The so-called "no matter how brilliant screenwriters can't make up real cases", reality is far more magical than works of art.
Today, let's take a look at the first case of "The Bottom Line", the "mother-humiliation case".
The prototype of the mother-humiliation case is the sensational "Yu Huan case". We will restore this whole incident through the interweaving of the case and the plot.
The case
Su Mou runs a factory. Due to the record of dishonesty, he cannot get a loan from the bank, but the factory urgently needs capital turnover. Su Mou took a loan shark of 1.35 million from Wu Mou, and the monthly interest was as high as 10% as agreed. %.
But usury is like a sponge that absorbs water and swells endlessly. Su was unable to repay, so Wu found a group of debt collectors and repeatedly broke into Su's home or factory to ask for debts. Seeing that Su did not call the police, the debt collector became more and more unrestrained. (The reality is far worse than the plot in the play)
On April 14, 2016, another group of debt collectors came to Su's factory. They arrogantly walked into the office where only Su and her son Yu were, and kept rummaging. smashed items, and did not forget to insult Su. Yu was angry but his mother was insulted and had physical contact with them.
(here is highly overlapping with the plot)
The debt collection leader Du asked his subordinate Yu to press him on the sofa and took off his pants in front of Su. Yu was furious, but he was still suppressed. Su's employees chose to call the police after seeing Du and others making trouble in the factory. After the police arrived at the scene, they began to investigate and warned Du and others: " can ask for a debt, but don't do it." After
, the police handling the case was going to find the employee who reported the case to verify the corresponding situation. Before long, there was a commotion in the office. After seeing the police going out, Yu felt desperate. He was provoked by the picture of Du insulting his mother. He picked up the fruit knife prepared in advance and stabbed the debt collectors.
Du died after the ambulance arrived due to excessive blood loss, and the other three were also injured to varying degrees.
The court of first instance held that Yu's behavior was intentional injury, causing one death, two serious injuries, and one minor injury, and the circumstances were serious. Because the defendant truthfully confessed the facts of the crime after he arrived at the case and had the circumstances of surrendering himself, he could be given a lighter punishment accordingly. In the end, Yu was sentenced to life imprisonment for the crime of intentional injury.
Yu believed that his actions were self-defense and appealed against the first-instance judgment.
The court of second instance held that, after investigation and verification, it was found that Du and others had insulted and beaten.
However, the abuse stopped when the police arrived at the scene to stop it. At the time of the incident, Du's insulting behavior violated Su's right to personal dignity, but it did not threaten the lives of Su and Yu. Yu's countermeasures obviously exceeded the necessary limit, which was considered excessive defense. In the end, the court of second instance commuted the sentence and sentenced him to a fixed-term imprisonment of five years.
The above is the whole case review of the "Yu Huan case".
simple from the textIt can be seen from the word expression that the "humiliation case" in "Bottom Line" almost completely reproduces the entire plot of the "Yu Huan case", and it is also the context we extracted from the publicly disclosed information. There is only one "blind spot", which is the mental journey of the trial judge, which we will complete through the plot.
plot
The case in the play is called "Lei Xingyu Case", and the presiding judge is Song Yufei, a judge of the Municipal Intermediate Court.
Song Yufei had a quarrel with members of the collegiate panel over whether Lei Xingyu constituted self-defense. Judging from the plaintiff's evidence, she was more inclined to the defendant's intentional SR. However, Lei Xingyu's behavior in court made many people sympathize with him and caused a lot of public opinion.
focused on whether Lei Xingyu deliberately concealed the details of the controlled knives, the collegial panel finally agreed with the majority and expressed support. After the collegiate discussion, Song Yufei interrogated Lei Xingyu again, but he still insisted that he was not guilty. Later, she and her colleagues went to visit the old mother of the deceased and felt powerless to see a family of young and old helpless.
After the results of the first-instance judgment were announced, the public opinion became even more intense. Netizens began to attack the presiding judge, and the Supreme Court also paid attention to this case. During this period, an injured person woke up in the hospital, and his description was consistent with that of Lei Xingyu. This evidence is an important basis for the second-instance revision.
Before the second-instance judgment, Song Yufei personally experienced a synaesthesia between legal and rational. Because of the contradiction in the delivery process, she mistakenly thought that the delivery boy came to "revenge", so she took out a hammer from the toolbox. I don't know if this plot is borrowed from reality, but the meaning is self-evident.
In the end, the second trial concluded that Lei Xingyu's behavior was excessive defense, and the sentence was changed from life imprisonment to fixed-term imprisonment.
The above are the supplementary plots in the "Mother Insulting Case" of "Bottom Line".
Law and reason are sometimes one and the same, which reminds me of the words of the director in " I'm not the God of Medicine ": "The law is greater than the love, do you still see little? You must always remember that the law More than love!" It is the same reason when used in the "mother insulting case".
loan sharks were illegally collected before, and the son (whether it was the real Yu Huan or Lei Xingyu in the play) injured and died to protect his mother, and the public believed that the son was innocent, which was on the side of love; Goodbye Lei Xingyu, I want to see his current attitude, this is also on the side of love; whether in the first or second trial, the son is sentenced to be guilty, which is on the side of reason.
The law is greater than the love, which is the foundation of a country's legislation and justice; Both are indispensable! Through the "mother humiliation case" in the play, we have seen the game between law and love, and we have also seen different legal workers. They are machines that ignore everything and judge everything. They are flesh and blood emotions. .
finally popularize whether it constitutes a legitimate defense of . The five conditions that must have at the same time:
1, cause conditions: illegal infringement of reality;
2, time conditions: illegal infringement is ongoing;
3, subjective conditions: have a sense of defense;
4, object Condition: Defense against infringers;
5, Condition: not significantly exceeding the necessary limit
On November 18, 2020, Yu Huan was commuted and released from prison; on August 5, 2022, Yu Huan got married and opened a new chapter in his life.
