標題: did not want to deal with them. But still want to say [打印本頁] 作者: mskrm830h 時間: 2015-3-18 09:37 標題: did not want to deal with them. But still want to say
Red Net Changsha, April 6 (trainee reporter Liu Can reporter Li Weilin) Recently, Professor of Nanjing for even become the focus of the community event, users have launched an intense discussion, many voices questioning the parties Professor Ma Fu and other people's behavior is not constitute a crime. Chinese famous sociologist Li Yinhe sexology researchers said, for even the individual citizens the right to freedom of expression, protected by the Constitution, and called for changes to the existing "criminal law."
April 5, Hunan and the law firm of 80 lawyers Red Net "voice of the people" column published an article in the perspective of a lawyer, Professor of Nanjing for even make interpretation of events, the views of Li Yinhe,http://szbbs.sznews.com/home.php?mod=spacecp&ac=blog&blogid=, who were refuted. "I wish to express views on the identity of a lawyer, but also be stopped by and Li Yinhe, who once said."
Promiscuous gathering could face criminal penalties
"For Professor of Nanjing for even the event, there are legal and others believe that the named Ma promiscuous behavior in private places, there is no social harm, should not be subject to criminal penalties. I think that this argument has no legal basis, is the rule of law dignity insult. "For a lawyer named Ma, who said the conduct did not constitute the crime of argument, counsel pointed out at the beginning of the article,http://www.59668.com/bbs/home.php?mod=space&uid=140379&do=blog&quickforward=1&id=445687, inciting debauchery may face criminal penalties.
Lawyer believes that if named Ma and other people's behavior after the fact that the establishment of the People's Court, that will constitute the crime of inciting debauchery, "Criminal Law" provisions of Article 301,scarpe hogan donna, will face criminal penalties. "Mob were promiscuous activities, the ringleaders or has participated in, imprisonment, criminal detention or control."
"Thus, the mob promiscuous behavior has occurred in a private place not found elements of crime or as long as there is mass promiscuous behavior, and is the first molecule or has participated, it constitutes a crime, regardless of the behavior of takes place is public or private premises. "said the lawyer, named Ma and other people's behavior has great social harm. "It was pointed out, named Ma,http://www.allocatedbro.com/forum/viewtopic.php?pid=566076#p566076, who's actions are voluntary, no one forced anyone, no victim, how it is a crime. I think this is deliberate or genuine ignorance."
"The primary feature of any crime, is it harmful to society, namely acts of criminal law to protect social relations offensive." Criminal Law "Article XIII, as long as the behavior violated the legal interests, they have a social harm, instead of saying there are victims of social harm there, otherwise no. "
"Promiscuous gathering crime in the" "is located in the system, Chapter VI Section, named Ma, who acts in a crime of obstruction of social order in the crime of disturbing public order." Criminal law attorney believes mob promiscuous behavior is seriously disrupted public order act against the country's social order. Against the social order, is a violation of legal interests of society, but also to every member of society against the legal interests of the hidden, is a kind of behavior harmful to society and subject to criminal law to combat.
Combating mass promiscuous behavior does not infringe on citizens' rights and freedoms
In response to Li Yinhe, "Southern Weekly" reporter's question pointed out, "this kind of behavior in criminal law on the crime of citizens is a violation of individual rights and freedoms,burberry outlet, civil rights and personal liberty protected by the Constitution and sexuality studies contradict Beijing Forestry University Vincent Fang who also think for even a personal choice should be respected, "the statement, counsel believes a proposition implied rights and freedoms against mob promiscuous behavior is not really against civil rights and liberties.
"For even behavior, especially as the named Ma, who this ultra-large for even mob behavior, is a kind of rights and freedoms of individuals under the guise of arbitrary, not only not protected by law, but shall be subject to legal sanctions criminal acts. "
Lawyer said rights and freedoms is an implicit proposition "This individual citizens can freely dispose of their behavior is justified, protected by law,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, and respect by the other members of society. When this freedom of improper behavior by law to abandon You can not call it the rights and freedom. And when individual citizens harm to others should also be entitled to the rights and freedoms in the realization of their rights and freedoms in the process, the right to conduct the qualitative became infringement. "
"Human society civil rights in the implementation process, there will be a cross, if this can not be standardized and universal adherence to the cross, appears confusing, rights deprivation, deprivation of liberty is freedom. Human society never absolute freedom , absolute freedom does not lead to absolute freedom. "counsel that" when the mob reached promiscuous behavior for even the behavior of people subject to a penalty, in order to achieve the ultimate protection of the social order, in order to achieve the rights of all members of the legal community protection. "
For even just a moral issue
For Li Yinhe has repeatedly stressed the "mob for even just a moral issue, this right should not be in the name of ethics violations or violations of customs deprived," saying that the lawyer can not represent the "moral issue" as a shield, good morals, public order and morals of society all people should be respected.
"Li Yinhe believes 'named Ma, who's main grievance is that they do not really hurt anyone, they just hurt social customs, but not because of a breach of social custom put him arrested, dismissed from public office,http://www.ahlvyou.com/forum.php?mod=forumdisplay&fid=57&filter=typeid&typeid=11, or even prosecution' I think it is not only a moral and social practices, but rather a serious crime affecting social stability and development. "counsel believes named Ma, who gathered for even the behavior is not only a moral issue, but a mob committing adultery is a typical crime behavior.
"I quote a law saying to illustrate my point: the law is revealed morality, morality is hidden law," the lawyer said that morality, public order and morals is the accumulation of human civilization, human society interpersonal most cherished people and respect for social norms in the community plays an important role in regulating the function to compensate for gaps in the legal regulation, such as the relationship,http://test.es.com.cn/forum.php?mod=viewthread&tid=188775, emotional conflicts. "Good moral, social, public order and morals, all of us should be respected members."
Cancel mob adultery serious consequences
For Li Yinhe proposed to abolish the crime of inciting debauchery, and its cancellation reasons "in the last two decades, no one has been convicted of the charges because of this. So, it is already a dead law," saying, do not agree with counsel.
"First," Criminal Law "Article 301 is not a 'dead' law; secondly, to cancel the significance of the crime is not to prevent rights abuses, but to solve the worries of the flood of legal sanctions," the lawyer believes that not because of the previous few treatment, after the occurrence of the behavior can not be processed, but we can not deny to deal with such cases, according to the legal existence of rationality.
"It does not meet the basic logic, but do not comply with the general principles of law." On the contrary, the lawyer believes that the mob adultery should be abolished, it should be further strengthened. "For such a serious damage to the good morals and public order and morals, violated criminal law to be impartial treatment,http://www.bjive.net:8020/upload/forum.php?mod=viewthread&tid=1252823&extra=,chaussure nike pas cher femme, make arbitrary personal freedom rational regulation, community legal interests are safeguarded the rights to all members of society to get more secure protection, the rule of law will progress, civilization will develop. "
In the last article,nike air max, lawyer, wrote: "The law does not protect the rights of the silent, as claimed damage, please rise rights; at the same time, the law does not protect the rights of the wanton who exercise their rights do not harm the rights of others and society."
Dialogue Fang Wenbin: Why and Li Yinhe, who said, "Road"
The article, entitled "Professor Nanjing event for even Reflections - take the opportunity with Mr. Li Yinhe said," the post April 5 after the Red Net "voice of the people" column was published, aroused controversy users, many users thread message with the support of Fang Wenbin, there are "curse" Fang Wenbin was "mouthful of virtue and morality of hypocrites."
April 6, the reporter interviewed a high-profile PK Li Yinhe, "Reflections Professor of Nanjing for even events - and Mr. Li Yinhe take the opportunity to say," author, Hunan and Fang Wenbin lawyer who, in an interview with reporters at the same time , Fang Wenbin questioned for users put forward their views.
Reporter: Why did you choose this topic posting at this time?
Fang Wenbin: promiscuous gathering, which is a violation of "Security Administration Punishment Law" or even committing "criminal law" behavior. The law is the minimum moral,nike air max pas cher, ethical behavior on this invasive mention. But I actually think this behavior has been sought after by some people, of which there are the social elite. Responding to highly inflated notion of individual rights and freedoms, actually to think so highly immoral moral, serious violations of the law that is not the point. Mr. Li Yinhe said to Professor Ma's call for the right, as a lawyer, I would like to appeal to the dignity of the law, in order to civilization cry, for every society should bear the responsibility and obligation of citizens to rise up a book.
Reporter: For your point of view, users seem to "insult" you more.
Fang Wenbin: to curse my friends, I feel sorry for one second, did not want to deal with them. But still want to say: excessive desire is the source of all evil.
Reporter: seal your friends as "feudal" Guardian, how do you see?
Fang Wenbin: I'm glad I was able to become a guardian of a society, but I do not think the moral tradition of modern good morals and public order and morals and past societies have had contact and inheritance became an abandonment of the "feudal" and I cherish for the pursuit of social justice and kindness became a "feudal guards."
Reporter: Li Yinhe impression is what?
Fang Wenbin: I have the impression originated in Mr. Wang Xiaobo Li Yinhe, from high school I started reading the works of Wang, Wang appreciate. Later learned that Wang Li Yinhe is love, is also a bit of an expert study of sexuality,http://bbs.suvvi.com/thread-23189-1-1.html, views avant-garde, bold style, for her I have been very respectable. But this time I saw her this speech, that her research and ideas, at least with regard to the mob for even view this event, there is no social responsibility.
Reporter: Huan Li Yinhe not welcome respond?
Fang Wenbin: I welcome Mr. Li Yinhe's response, and I look forward to us from the rights and freedoms of morality and law, from academic research to social responsibility, conducted an in-depth discussion.