Summary: In American criminal accusation does not hold water, representing civil sue regular meeting to lose a lawsuit
Lawyer | Cropland bud bud, assume public figure of system of judicatory of & of law, Wu Xiaoguang | Such-and-such
Does celestial being jump real hammer into shape?
Exposure of video of apartment of bright state case, does woman bearing invite Liu Jiang actively intimately east enter?
On April 22, ms. Liu sues Liu Jiang in the United States the civil indictment east, circulate on the net after a few days, doubt was like Beijing east face to give off afore-mentioned video.
Whether details of a case wants to convey like video really in that way, liu Jiang east be " innocent " , want Jing day changeover really?
On this problem, lever sport is not professional. A lot of lever are friendly, I think also is from masses eating melon angle is seeing this thing.
Today, I invited 4 famous law people (a 3 lawyers, judicatory system personage) , talk about this case from their professional point of view. The hope can help everybody understand details of a case, walk along situation and Liu Jiang east, Beijing the future east.
Their view is below.
1, east although elder brother sleeps but innocent, is this celestial being jumps? Civil is sueing to there is extortionate suspicion more?
Cropland bud bud (Sichuan discovers lawyer of attorney office partner, dedicated economy kind the plead of criminal case and charge act as agent)
Now, case of one Duan Dong elder brother is sent that evening video is poured out of, heat is caused to discuss on Internet, the friend is encircled be brushed for a time screen.
East the proponent of elder brother a joyance, halloo details of a case already Jing day changeover, fact if it is so? As east the consistent proponent of elder brother, I also hope such, but real possibility is brutaller.
Look from video, case heroine is not drunk wine, be close to Liu Jiang actively east, and with Liu Jiang east behavior is intimate, major netizen may be judged from sensibility is heroine active accost east of elder brother, east although elder brother sleeps but innocent, this is celestial being jumps! Civil sueing is to have extortionate suspicion more!
Although the eye of masses is bright, but a little professional problem may not can look thoroughly, system of Sino-US after all law is different. And civil as alien as criminal, I am opposite simply above mentioned video, from law professional point of view comments on:
Video serves as evidence, reflected the outdoor condition when case hair merely, cannot reflect indoor condition, even if is compared in the woman outdoor active, indemonstrable also in the woman also be active and freewill indoors.
But criminal accusation, need has enough evidence, proof east elder brother forces woman happening concern really.
From the point of present circumstance, bright state police should not find the evidence that violates woman apiration indoors. Combine the video outdoor to look, cannot eliminating to produce an impact is the woman's freewill likelihood. This also is bright city check just was opposite east the reason that elder brother sues.
With Chinese criminal accessary and civil contentious case differs, in American criminal accusation does not hold water, representing civil sue regular meeting to lose a lawsuit.
Circulate very wide " case of Xin Pusen uxoricide " , xin Pusen is put finally in blemish because of evidence and be sentenced finally innocent, but in civil suit, the court adjudicates the liability to pay compensation of its a huge sum.
Believe a lot of people are right " innocent compensate for " arrangement of this one system feels indissoluble. But the litigant system that should understand the United States only can discover, this system has rationality.
No matter be civil case or criminal case, need evidence to come reductive fact and truth, but the freedom that criminal case matters to a person is life even, need removes all reasonable suspicion, doubt blame from without.
And what civil case concerns is economic interest, forensic verify occupies adopt and of the fact maintain, need comply with height only without exception like that the gender is OK.
Generalize simply, of video announcing is not too new issue, also cannot reflect a case whether changeover, everybody or not subjective assume.
Everything gives judge decide.
No matter this one incident is plot or Yang Mou, want to make empty capital the person east has won out apparently.
2, 50 thousand U.S. dollor just starts valence; Two Chinese engage in a lawsuit in the United States, tangible standard may applicable China law
Assume a keep under control (copartner of some famous law place)
I notice, liu Jiang east the gender invades civil two detail that prosecute a case are very significant:
It is, 50 thousand U.S. dollor rises.
According to the circumstance of network retrieval, in bright city, 50 thousand U.S. dollor just starts valence, and the modification that party withheld indictment counterpoises.
From the point of the personal details of victim representative lawyer, the lawsuit of 50 thousand U.S. dollor requests, with the compensation of acting a huge sum the case looks, the likelihood also is a kind of strategy, can let the outside becoming aware at least I am not to developing money to come.
As to how much to accompany actually, in the future is confidential.
2 be, two Chinese engage in a lawsuit in the United States.
Public figure of two China record is in the United States bright city produces controversy, the case has factor of concerning foreign affairs or foreign nationals. If the law of concerning foreign affairs or foreign nationals of bright city has a regulation, may produce an interesting phenomenon, two Chinese engage in a lawsuit in the United States, hypostatic law will be applicable Chinese law.
3, Liu Jiang east the case can not grant finally sue, the likelihood went to very main effect since video
Wu Xiaoguang (office of attorney of Sichuan path is high copartner)
Check just is opposite finally Liu Jiang east do not grant to sue, but this case or the place that a lot of is worth to think over.
Strong to Liu east for oneself, the likelihood uses one's heart still fluttering with fear more appropriate. Forcible rape often happens in illicit close place, have sex to whether violate woman volition with the woman, often become the key that conviction.
In case of great majority forcible rape, have the injured party and guilty suspect only two people, because allegation of this the injured party often becomes one of crucial witness, have decision effect even in a lot of cases.
Liu Jiang east the case can not grant finally sue, the likelihood went to very main effect since video.
But suppose in this case if do not have video reductive at that time circumstance, when encountering malicious woman to inform against, criterion often 100 difficult argue, be convictioned very likely, add the both sides before drinking to be not known, consciousness is shown again after wine faintness is senseless perhaps etc cannot control the state such as him behavior.
After the event, if the woman expresses to did not express clearly or be alluded,agree to have sex, that man is maintained extremely likely to be forcible rape.
If involve illegal organization to want to achieve the goal of hidden with this, that to the suspect, undoubted need pays very big price, it is compensation of a huge sum probably, it is precious person freedom probably.
4, the attestation of facts of all sorts of case of can direct proof, do not have a video that does not have end to have stronger conviction than this apparently
Such-and-such (judicatory system personage)
Current, liu Jiang the trouble east appears increasing. Although criminal program has ended, but press our hep American judicatory mode, be not sued on criminal and do not produce a tie to civil result necessarily, although Xin Pusen takes off a blame below the plead in dreamy lawyer group, but still lose a lawsuit in civil suit and assume responsibility.
From the point of 5 minutes of issuance video, say without media place " Jing day retroflexions " .
The reason is, scene of video presentation dinner comes the activity that enters a room for some time (if video is true word) , and no matter be case of criminal passing experience,send case spot, oneself are civil inside the car that lawsuit alludes, all did not involve.
From evidence proof force comes up say, as 5 minutes of video of indirect evidence, can show the rate of the relation at most, also only this just.
Notable is, the American lawyer of Liu alludes in outgiving, the driver of the car and apartment ever somebody witnesses incident happening course, the attestation of facts of all sorts of case of can direct proof, do not have a video that does not have end to want to have stronger conviction than this apparently.
Of course, we do not know whether Liu Fang masters this kind of direct evidence.
But say from litigant strategy, battlefield is final be in the court, right now Liu, build the public opinion with pair of favorable oneself to rejoin than shining apparently evidence (even if is can the evidence from card innocence) many it is important to want.
No matter the result of civil suit how, liu has sat solid the fact that produces the sexual behavior outside marriage. Legal criminal is criticized severely can avoid, moral censure escapes hard from beginning to end, what is more,the rather that, be like this to appear on the market greatly after one's death enterprise, it is Liu indeed this big brother is afraid.
