Say a very interesting law case today.
The phenomenon of bully approach inside campus of some high school is very serious.
Among them Zhang Mou, it is the old of mass organizations of a schoolgirl inside the school. Overbearing at ordinary times and rampant, often bully the schoolgirl of other simple minded.
Some day, zhang Mou and the schoolgirl that come with a country of the dormitory produced contradiction, have resentment. She knew a rogue on the net, hit 10 thousand yuan to the other side to incite this rogue to slip into its dormitory to rape this country schoolgirl secretly in the evening, gave opposite party the picture of this schoolgirl. Result midnight when, upset stomach of this country schoolgirl went campus clinic.
After scampish midnight climbs the dormitory, discover house inside with respect to Zhang Mou a schoolgirl. Then, also did not see clear face, carried out a rape to Zhang Mou. Zhang Mou concludes the case to newspaper of public security mechanism.
This, it is suspect of a crime give raped law case oneself. Of course, strictly speaking, be to employ a person to give complex illicit sexual relations his.
So, how should be handled?
The criminal law case that we always are time of examination of the judicatory that spit groove too too strange flower, but in fact, a few cases that produce in reality often can break through judicatory exam to give the cerebral hole that inscribes a teacher, the over and over again lets our click of the tongue say to surprise.
As handle a case personnel, be engaged in in basic level all the year round especially " run quantity " repeat handle a case the job, form thinking formulary very easily. Ponder over an analysis a few SARS case, conduce to our diverge thinking, enlarge intellectual face. In the meantime, the appears possibly strange flower case in also working in the future to be opposite, make good ability preparation.
Handle a case in ours in solid Wu, like begin such " made a mistake " model case actually not infrequent. Sum up the case that oneself had handled, have so a few kinds:
1, hit a fault (affray of intended harm, provoke) : When fighting, acknowledged a mistake person, have nothing to do the Laowang that personnel eats melon gives hit, this is object understanding mistake. As usual convictions sure.
Still one is plant is to want to hit Laowang, accidentally injure of result brandish fist the neighbour that the station watchs the scene of bustle by Laowang, this is blow mistake. Also be as usual convictions commonly.
2, sell a fault (traffic drugs) : Take a fault drugs, taking rock candy to pretended to be glacial poison to sell each other (intended) . This is bilk, I had written this law case before.
3, steal a fault (larceny) : Think thief is little originally feel, did not think of to steal watch of price of a day, amount is particularly huge, set term of imprisonment of 10 years of above. This is mistake of guilty amount understanding, take into consideration the circumstances of the meeting like solid Wuzhongyi is punished lightly.
Return this rapes oneself case that we should say today, zhang Mou employs a person to rape a roommate, result rogue regards him as by accident the target gives a rape. So, apparent rogue belongs to an object to know an error, make rape accomplished offense, without the problem.
And Zhang Mou incites a rogue to rape a roommate, the rogue raped him however, attribute blow mistake. Take an exam according to judicatory position is legal accord with saying notion, zhang Mou wants to carry out rapist blame, went up objectively to also finish a rape (although be raped, is him) , should make forcible rape accomplished offense so.
But the problem thinks to cannot take an exam like judicatory apparently in solid Wu so simple. A such case, we can think of the public opinion controversy that the people can raise very easily beforehand: Was Zhang Mou raped is be being sentenced even a bit beyond the mark? Zhang Mou newspaper concludes the case, so is she guilty suspect or the injured party after all? Does she confess her crime?
Might as well imagine, if this case becomes public opinion heat later, a few kinds of viewpoints that can appear:
Viewpoint one: Zhang Mou incites a rogue to rape a roommate, but the result is abortive of scampish rape roommate. So Zhang Mou should form forcible rape abortive.
Viewpoint 2: Although Zhang Mou has those who rape other is subjective and malign, but the injured party that became a rape however now, had gotten punish, from the angle consideration of humanitarian and social effect, should not investigate criminal duty again.
Above all viewpoint 2, should be eliminated. In modern criminal law, had never gotten penalty need not investigate criminal duty such logic. Besides, in this case, the roommate was not raped by the rogue pure belong to luck, zhang Mou has subjective and intended, have objective action, should be found out criminal responsibility.
See the bottom is accomplished offense or abortive again. Actually honest for, handle a case from solid Wu in light of the angle of the effect, decide abortive of a rape to add to Zhang Mou confess one's crime, the program that reduces punishment is more appropriate. After all, forcible rape, can be a start 3 years the serious force of the set term of imprisonment commits a crime.
This kind of viewpoint also can justify oneself easily, adopt grading to evaluate the method of criminality namely. Above all the first phase, zhang Mou and rogue are the collective crime that violates abortive. The 2nd phase, the rogue acknowledged a mistake person, zhang Mou is existed by the rape to oneself error, but our country criminal law rapes this to say without error, should not find out Zhang Mou to be raped to oneself again so the responsibility of this one result. So, zhang Mou forms rape abortive.
Write a such cases, advocate the to a case different train of thought in if want,analysing academic, solid Wu. In solid Wu, we need to be below the premise that has academic base, go considering the issue on social effect, real operation and reason in the round as far as possible. After all, the case in solid Wu, it is real person, is not in black and white. There is before very igneous word, cry " what we do is not a case, however the life of other " . But actually, handled a case to also had made the one part of our life.
When just graduating from the university, crossed department take an examination ofing, become aware oneself are special ox forces, saw everybody wants to sentence him two years. Handled old law case, was familiar with the sour taste in the detention house, was used to the tear of holiday of true true and false before the person, dan Gengming became white what does the business that oneself do mean to others.
Professional, careful.
4 words, encourage with everybody.
