"We are not dealing with cases, but other people's lives." This is a line from the movie "Article 20". With the opening of the Spring Festival of the Year of the Dragon movie, the movie "Article 20" directed by Zhang Yimou and starring actors Lei Jiayin, Ma Li, Gao Ye and others has aroused widespread public attention.
The film stars prosecutor Han Ming played by Lei Jiayin as the protagonist. It tells the story of a middle-aged man who wants to give his career a final try, but unexpectedly gets involved in a case with huge differences. It uses realistic themes and the perspective of a small person as an incision, and tells the legitimate defense system stipulated in Article 20 of my country's Criminal Law in the form of art, as well as the justice and humanity behind the law.
What does Article 20 of the Criminal Law stipulate?
The movie "Article 20" refers to Article 20 of the "Criminal Law", which is the clause of "legitimate defense". Article 20 of the "Criminal Law" clearly states that in order to protect the country, public interests, the person, property and other rights of oneself or others from ongoing illegal infringement, actions taken to stop the illegal infringement cause damage to the illegal infringer. , it is legitimate defense and does not bear criminal responsibility. If the legitimate defense clearly exceeds the necessary limit and causes serious damage, he shall bear criminal responsibility, but the punishment shall be reduced or exempted. If a person takes defensive actions against ongoing assaults, murders, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety, resulting in casualties or casualties, this does not constitute excessive defense and he will not be held criminally responsible.
Zhang Yimou: This is
legitimate defense filmed for audiences in thousands of households. It is a keyword that runs throughout the narrative of the movie "Article 20". After the film was released during the Spring Festival, reporters from the main station also interviewed director Zhang Yimou to hear his creative feelings. Zhang Yimou, director of
: I think was filmed for the audience of thousands of households, because the story of the movie contains many problems faced by millions of households, and it is very rare for a story to resonate with all ordinary people. of.
"The law is not cold logic", the Supreme People's Procuratorate issued a series of film reviews
Regarding this movie, the Supreme People's Procuratorate also issued two reviews in a row, commenting that "the film lasts for more than two hours and is comprehensive from the perspective of prosecutor Han Ming." , systematically presents the application of the legitimate defense system, from being afraid or unwilling to apply it to actually changing the judicial concept and applying legitimate defense in accordance with the law to safeguard fairness and justice."
also said, "The reason why the movie "Article 20" is concerned, Just because this is something that really happens around us people. It seems far away, but it can happen to us from time to time."
Another film review mentioned that ""Article 20" is not only a legal drama A movie is a life movie that belongs to everyone. It will affect a person's sense of right and wrong and sense of justice."
How can justice have its own confidence in judicial practice?
When the movie returns to reality, do you also have this question: Why can't you fight back when you are beaten? What's wrong with being brave? After being repeatedly tortured and humiliated, and faced with serious personal danger, why can’t I resist bravely? "The law cannot bow to lawlessness." This is a line that appears many times in movies. How to understand this sentence in judicial practice?
Ji Bingxue, Director of the Office of the First Procuratorate of the Supreme People's Procuratorate: "The law cannot yield to illegality" means that a right cannot yield to behavior that infringes on this right. It should be said that defensive behavior and illegal infringement behavior are actually the relationship between law and illegality, righteousness and injustice. If the defending person has been unlawfully infringed, the infringement is illegal, and the defensive act is legitimate. As legitimate rights, our country's laws encourage citizens to exercise their right to legitimate defense in accordance with the law. Therefore, it is of great significance to use the concept of "the law cannot yield to the law" to guide judicial organs to correctly apply the self-defense system.
Ji Bingxue, Director of the Office of the First Procuratorate of the Supreme People's Procuratorate: For a long time, some people have called the legitimate defense system the "sleeping clause". The reason is relatively complicated.In addition to the comparative principles stipulated in the law itself, the factual evidence in cases involving self-defense is often more complex, and some cases lack evidence, leading to some major disputes in the determination of cases in practice. In addition, judicial officers are afraid to apply traditional judicial concepts. In addition, the understanding that "the dead are the most important", "whoever makes trouble is justified" and "whoever is killed or injured is justified" have objectively affected the application of the legitimate defense system. It should be said that in 2018, the Kunshan anti-homicide case awakened the "sleeping clause" on legitimate defense in the criminal law. In recent years, judicial organs have handled a number of legitimate defense cases that have attracted great attention from the society in accordance with the law. This actually reflects the people's support for Democracy, rule of law, fairness, justice, and security are in higher demand. The procuratorial organs responded to social concerns in a timely manner and promoted social righteousness. The rule of law spirit of "the law cannot give in to the law" gradually became deeply rooted in the hearts of the people and became the rule of law concept that prosecutors must follow when handling such cases.
How to understand the justice and humanity behind Article 20 of the Criminal Law?
While watching the movie, many people felt that the prosecutor Lu Lingling played by Gao Ye was too competitive. There is obviously surveillance video, so why bother to find evidence? Why do you want to make everyone unhappy? The case will never be completed. The answer lies in her lines, the sentence we heard at the beginning, "We are not dealing with cases, but other people's lives." Combined with the legitimate defense system stipulated in Article 20 of our country's Criminal Law, how to understand the axioms behind the law? Favor?
Ji Bingxue, Director of the Office of the First Procuratorate of the Supreme People's Procuratorate: "What you handle is not the case, but the lives of others." This has gradually become the motto of our judicial personnel in recent years. In fact, it embodies a concept of law enforcement and justice and a sentiment for the people. It is emphasized that when handling cases, judicial personnel should put themselves in the perspective of the parties and understand the demands of the parties. Sometimes, for judicial officers, it may be part of the job, but for the parties, it involves whether the crime has been punished in accordance with the law, whether the rights of the victim have been protected in accordance with the law, and whether fairness and justice have been upheld. The parties may be affected. entire life.
Ji Bingxue, Director of the Office of the First Procuratorate of the Supreme People's Procuratorate: Our Supreme People's Procuratorate has repeatedly emphasized that we must focus on making the people feel fairness and justice in every judicial case, and regard "handling every case with high quality and efficiency" as the procuratorial performance The basic value pursuit of professional case handling. It should be said that the subject who feels fairness and justice is the broad masses of the people, including the parties to the case and those who care about the case. This is actually a question of who is responsible and who is satisfied. As a prosecutor in the new era, we must seek the best processing results in the legal discretionary space so that the people can fully feel fairness and justice. It should be said that prosecutors are both prosecutors of crimes and protectors of innocence. They must also strive to become leaders in the progress of socialist legal awareness and rule of law with Chinese characteristics.
Source: CCTV News
