日韩精品久久一区二区三区_亚洲色图p_亚洲综合在线最大成人_国产中出在线观看_日韩免费_亚洲综合在线一区

Global EditionASIA 中文雙語Fran?ais
Culture
Home / Culture / Film and TV

Film puts justifiable defense in spotlight

By YANG ZEKUN | China Daily | Updated: 2024-02-16 07:12
Share
Share - WeChat
A poster for the film Article 20 shows actress Zhao Liying portraying a deaf-mute mother. The movie has sparked discussion about the legal concept of justifiable self-defense. CHINA DAILY

Comments from experts, officials and the public about a movie centered on the theme of justifiable defense have called for grasping the essence of the legal concept to prevent unlawful behavior.

The film, Article 20, which is directed by Zhang Yimou, draws its name from Article 20 of the Criminal Law, which focuses on the sometimes contentious legal concept of justifiable self-defense.

Drawing inspiration from real-life cases of justifiable defense, the film has garnered widespread attention and resonated with the public as well as judicial institutions during the Spring Festival holiday. The movie calls for a nuanced interpretation of legal provisions and urges against compromising on unlawful conduct.

According to the Criminal Law, when a person, faced with an unlawful attack, takes action to protect his or her own rights or interests or those of others, and the attacker is thereby harmed, the defender will be considered to have acted in justifiable defense and will not bear criminal liability.

For some time, justifiable defense has been regarded as a "dormant clause", due to challenges in interpretation and the influence of misconceptions, such as "whoever is injured or killed is right".

Many online users have commented that the true meaning of the law should be to increase the liability for wrongdoers, rather than burdening good people.

Recent cases have shown that, for ordinary citizens, justifiable defense is no longer an illusory provision.

Luo Xiang, a renowned professor of criminal law at China University of Political Science and Law, said in a recent comment about the film that the public and judicial officers should avoid taking a "godlike" perspective or adopting a rational but armchair stance. Instead, they should consider the situation in which the defender was involved, empathize with the defender's position, and refrain from making excessive demands on the defender, Luo said.

Ji Bingxue, a prosecutor with the Supreme People's Procuratorate, said in an article published on the SPP's WeChat account that the Criminal Law established the justifiable defense system in 1979 to provide an incentive for citizens to combat crime. Despite improvements in 1997, the system remained dormant for a significant period.

Beyond the statutory provisions, cases involving justifiable defense are often complex, with many lacking adequate evidence, leading to sometimes controversial determinations, Ji said. Additionally, precedents set in previous cases have influenced the application of the justifiable defense concept.

A high-profile case in Kunshan, Jiangsu province, in 2018 served as a wake-up call and caught the attention of judicial authorities regarding such cases. In that case, atraffic dispute led to a knife-wielding motorist confronting another man. The motorist was killed, and police and prosecutors determined that the defender's actions constituted justifiable defense.

Since then, prosecutors in several places across the nation have applied the justifiable defense clause.

There has been public concern in such cases that has primarily focused on the criteria for determining justifiable defense versus excessive defense. The concern over justifiable defense reflects the public's demand for democracy, rule of law, fairness, justice and security, Ji said, adding that the principle of "not compromising with unlawfulness" must guide prosecutors in handling such cases.

"The judiciary serves as society's last bastion of fairness and justice; any faltering risks eroding public trust," he said.

Liu Zhe, a prosecutor from the Beijing People's Procuratorate, said that the existence of "dormant clauses" signifies a lag between legislative and judicial concepts, resulting in misapplications.

"The reliance on outdated judicial concepts inevitably leads to flawed cases. Persisting with such flawed precedents hinders progress, leading to an unjust status quo," Liu said.

Liu emphasized that judicial officers should possess critical thinking skills, dynamically understand the law's essence, and adapt to evolving societal needs to meet public demands for rule of law.

Making decisions departing from traditional precedents requires courage and accountability, Liu said, adding that judicial authorities must consistently support justifiable defense and intervention to empower the public to combat illegal activities.

Most Popular
Top
BACK TO THE TOP
English
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
主站蜘蛛池模板: 国产专区在线播放 | av影音资源 | 天天躁日日躁狠狠很躁 | 日韩亚洲欧美中文高清在线 | 亚洲精品欧美综合四区 | 国产精品毛片久久久久久 | 欧美大尺码毛片 | 中文在线а√在线8 | 狠狠色狠狠色综合久久第一次 | 草综合| 日日干夜夜干 | 色婷婷国产精品欧美毛片 | 天天看天天摸色天天综合网 | 亚洲高清不卡 | 欧美成人精品一区二区男人看 | 香港三级日本三级人妇网站 | 无码无遮挡成人A片 | 日韩国产欧美在线观看一区二区 | 男女污污无遮挡免费观看 | 精品国产一区二区三区四 | 精品AV综合一区二区三区 | 91精品国产亚洲爽啪在线观看 | 国产精品福利视频手机免费观看 | 久久精品国产99国产精品澳门 | 免费自拍偷拍 | 亚洲福利 | 日韩网红少妇无码视频香港 | 免费久久精品国产片香蕉 | 国产精品一区二区免费 | av日韩在线看| 大陆黄色a级片 | 性夜黄a爽影免费看 | 爱爱视频天天干 | 久久一本 | 成人在线视频网站 | 欧美一级二级视频 | av在线播放网址 | 日本黄页网站在线观看 | 欧美18videos极品 | 日本一区二区高清不卡 | 日韩精品一级毛片 |