Modern Revelation of "Sorrowful Folding Prison"
June 22, 2022 10:03 Source: "China Social Sciences" June 22, 2022 Total 2432 Author: He Yongjun

"Mourning and Folding Prison" said "Shang Shu · Lu Xing"。Although the crime is shame,But Confucianism should deal with cases with pity,Sympathy Survey。Meng Sun's letting Yang skin as an official who manages the judiciary,Yang skin to Confucius student Zeng Ziqi asks for advice,Zeng Zi warned: "Lost his way,Min Sanjiu。Like love,Sorrowful and not happy! "(" The Analects of Confucius · Zi Zhang ") seized the crime of the people,When Mourning,Don't be self -rejuvenating to get love。"Zuo Zhuan · Xianggong twenty -six years" also cloud: "The sentence will,No.,Lohal if you do n’t do it,This is also known to know what to dare。"" ",To reduce meals,and withdraw music,This shows that he is afraid of the use of punishment。

and Confucius disciples recorded in "Han Feizi · Foreign Reserve",He was rescued by the offender because of "respecting prison",The story that is exempted from the victim can best show Confucian "respect to prison"。The meaning of its story is to say,When Confucius was prime minister in the guardian country,His student Ziyi became an official of management bet365 live casino games prison,I cut off the foot of a criminal during an law enforcement,And this person later made the door to guard。Someone hurt Confucius in front of Wei Jun and said he wanted to rebel。Wei Jun wants to catch Confucius。Confucius escape,Students have also escaped with them。Zi Yan led him to fled to the room by the door because he was chopped from his feet,So the poor service caught up and could not catch him。In the middle of the night, Zi Qi asked the guard,Why don't you take the opportunity to rescue him,The guard said that his feet were cut off, it was due to his crime。When Ziyi handles his case,Try to strive for width treatment,and guide him to appeal in accordance with the decree that can be treated lightly,and wait until the case is convicted,Zi Yan was terrified and unhappy,The face is hard to see,Ziyi really wants to make him exempt from punishment. He knows。The heart love revealed when the unknown Ziyi is in handling the case,It is why it is grateful and repaid。As a student,Ziyi inherited the thoughts of Confucius' love,Guide and criteria for its justice with "respecting prison",The real realization of the pursuit of Confucius "the deceased does not hate,The ideal judicial realm of "Spring and Autumn Fan Lu · Five Elements"),Not only did the offender Bet365 lotto review warm,And so I saved myself at a critical juncture。

Regardless of ancient and modern Chinese and foreign,Objectively determine the facts,Judgment according to law,All are the responsibilities of the judge。The party's unfavorable judgment,It is an objective fact and the law.,instead of self -use illegal officials。As a neutral judge,Hearing and the referee itself does not include its own interests,The judge and the parties have no grievances,But,Think of the revenge and injury judges in various places,I can't help but confused: What makes the parties hate judges so much,Be sure to put it to death? Especially criminal cases,Compared with the judge,Investigators and public prosecutors have a longer contact with the criminals,conflict and confrontation are more intense,The offender does not retaliate against investigators and public prosecutors after being released from prison.。

If we carefully examine the daily trial work,Pay attention to the psychological activities of related parties,These seemingly incredible phenomena become "natural"。Related to the judge in the relevant parties,It is nothing more than: First, they feel that they do not get the sympathy and concern during the trial; the other is that they are not treated fairly; the Bet365 lotto review third is that the judge is full of discrimination and prejudice to them; the fourth is the results of the case handling results of the case's handling of the case. Make them dissatisfied,They cannot accept the judgment of the judge。All this allows them to attribute the failure of their lives to the judge,Think that the judge destroyed their lives,So they finally raised their sinial butcher knives。The reason why the relevant parties have the above understanding and ideas,All due to the various improper words and deeds of the judge in the judicial process。It should have shown rationality、Objective、Neutral and humanitarian trial process,But it became a discrimination against the parties、The process of humiliation and injury,Make them angry in their hearts,Can't release it,So it is not surprising that some parties to retaliate against judges。

The above phenomena existing in the current judicial practice of our country,Whether it is improving judicial credibility、Improve the relationship between dry group,Still reducing the judge's revenge by the parties、Guarantee the personal safety of the judge,"Mourning and Folding Prison" is very inspiring。

First,The judge is full of sympathy for the parties。The law is ruthless,But the judge is affectionate,bet365 Play online games The judge must learn to think about when conducting trials and execution,Thoughts of the parties' difficulties and difficulties,Do not discriminate against anyone,To fully protect their legitimate rights,Especially to protect their procedure participation rights,Let them fully express in court。The sympathy and understanding of the judge,Not only do you have to do it,and do it in a visible way。Specifically,Just through the specific words and deeds of the judge,For example, a mild eyes、Relaxed inquiry and other expressions,The judge wants to let the parties perceive their goodwill。

Next,The judge wants to fight for the most favorable judgment results for the parties within the scope permitted by the law。For civil cases,The judge's handling of the case should be possible to achieve physical justice as much as possible。For criminal cases,Take over a case,The judge should first think about whether this case has the possibility of divorce,If you cannot be a non -guilty judgment,Then consider whether it can be light or reduced from the judgment,If you can not be convicted,Can't make a judgment from light and reduced,Then explain the reason in detail,Tell the defendant why they can only make such a judgment。The judge should work through sincere bet365 live casino games and enthusiastic work,Let the parties feel that all the rights and interests that can fight for it have already won for it,It is facing a kind friend,instead of hostile opponents。

Last,​​Judges should master a certain judicial psychology knowledge,so as to classify and identify the parties,Targeted focus assistance and care。Judicial work is a job dealing with people,I will do ideological work is one of the basic professional skills of the judge,So the judge must understand the human nature more deeply。In the case where there are many people and less case,It is unrealistic to let the judge invest too much energy on each case,Therefore, after the court accepts the case, the basic situation of each party should be touched,Fragile minds、Emotional instability、The parties who need special assistance to screen it out for the key care,When the judge hoses the cases of these parties, you must be particularly careful,Have enough patience,​​Exercise more power during the trial,Give the parties with enough opportunities and time to express their opinions and demands,Try not to leave the parties to leave regret or doubt。

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