Chapter 130 Fierce Debate! Procedural Justice or Factual Justice?
Wei Li panicked.
He whispered quickly.
"Lawyer Shen, what are you doing?"
I spent so much money to invite you here, but please don’t harm me! "
Shen Qing explained.
"Dean Wei, at this point, this matter cannot be ignored no matter what."
"Continuing to argue is just a waste of time."
"Now we can no longer hide it. All we can do is try not to be convicted!"
Wei Li said guiltily.
"But... the matter is so big, can it really be avoided?"
Shen Qing said confidently and calmly.
"Dean Wei, please rest assured, at least in this matter, I have absolute confidence!"
Wei Li nodded doubtfully.
By this time, he could no longer trust anyone completely.
But currently the only one who can help him is Shen Qing.
He could only pin his last glimmer of hope on Shen Qing.
Shen Qing stood firm and said solemnly.
"President Judge, although we admit that all of this happened because of the leadership of Wei Li, the director of the orphanage."
"However, we still oppose the plaintiff's accusation."
"The plaintiff accuses us of abuse, but not the orphanage and its employees."
"It's just a formal relationship of living together and caring and supporting each other."
"There is no family relationship in the legal sense, so the elements of the crime of abuse cannot be met."
"So I still say the same thing. The claim insisted by the plaintiff does not have any corresponding legal basis to support it!"
"Therefore, we still ask the court to dismiss the plaintiff's lawsuit and hold him criminally responsible for false accusations and frame-ups!"
Listen to what Shen Qing said.
The audience at the scene was a little unable to sit still.
In the eyes of the audience, this is a bit of a forced defense.
This matter comes from anyone’s general emotions.
Everyone will think that these people in the welfare home are heinous.
Shen Qing still insists on defending these evil people at this time.
It really made their teeth itch to watch.
On the plaintiff's bench.
Lin Hao stood upright.
He said with a serious expression.
"As for the legal basis, Lawyer Shen also mentioned it just now."
"Formally, the employees and residents of the welfare home can be regarded as living together, and there is also a relationship of care and support."
"Although this is different from family members in the legal sense, legally speaking, the welfare home can also be regarded as the guardian of the residents."
"How different is the abuse committed by a guardian against a ward from the abuse committed between family members?"
"We are as close as family members by blood, and the weak who have been abused can still be protected by the law!"
"Why do we get no legal protection when we go to a welfare home and face a group of elderly people who are bullied by guardians who are not relatives?"
"Lawyer Shen, you might as well touch your conscience. Is this reasonable?"
Lin Hao's words were widely recognized by the audience.
Yes, abuse between blood relatives is protected by law!
Why is abuse between strangers not okay?
Will strangers be more gentle than relatives?
Shen Qing is very sensible.
He knew that Lin Hao's purpose was to incite his emotional emotions.
He was not so easily affected by Lin Hao's words.
As a lawyer.
He knows very well that doing everything possible to help the parties win their legitimate rights and interests is what he should do.
Since the current law does not restrict such behavior.
Then he must maintain the legitimacy of the parties involved.
Shen Qing said seriously.
"Lawyer Lin, please don't confuse the concepts!"
"A guardian is a guardian, and family members are family members. Although family members are usually legal guardians, guardians are not necessarily family members!"
"Lawyer Lin himself said just now that there is not much difference between a guardian and a ward, and between a family member."
"The difference is not big, that means there is still a difference between the two!"
“When it comes to legal issues, especially in court, we must always maintain a rigorous, serious and responsible attitude!”
"We believe that even if there is not much difference between the two, they must not be confused!"
"There is no legal basis, there is no legal basis! Even if you say it, the welfare home does not constitute a crime!"
"The law is not a child's play!"
Lin Hao nodded and smiled.
"Very good! I appreciate Lawyer Shen's meticulous attitude!"
"But I also want to remind Lawyer Shen that the law is not static!"
"As the times progress and the economy develops, new problems will continue to appear in our society."
"How to solve these new problems? Law? What if the previous laws can't solve it? Just let it go?"
"The laws we use now were all enacted in the past. Whether it can still be applied in today's society can only be known after testing."
“That’s why our laws need to keep pace with the times and need to be constantly revised.”
“If we remain pedantic and conservative, adhere to the existing laws, do not think about progress, and stick to the old rules, that will be the tragedy of us legal professionals!”
"A cancer like "Jingtian District Love Welfare Home", a villain like Wei Li. "
"If they are allowed to go unpunished simply because of the lack of a few existing laws."
"Then how disheartening will the rule of law in our country be!"
"I think such crimes must be punished!"
The lawyers of both parties to the lawsuit went back and forth, tit for tat.
There were rounds of fierce debates.
It was as exciting as watching a national debate.
On the bench.
The presiding judge Gongsun Hui was in a dilemma.
One side insisted on strictly abiding by the law.
The other side demanded pragmatic innovation.
One side advocated procedural justice.
The other side advocated factual justice.
Both sides held their own opinions and were at a stalemate.
Although from the audience's perspective, factual justice is definitely more important.
But as a judge.
Gongsun Hui naturally understood the importance of procedural justice.
From a legal point of view, the two are indispensable.
But now, there is a huge contradiction between the two.
This made Gongsun Hui very troubled.
After discussing with the other two judges beside him.
They unanimously decided to hand this issue over to the leader.
In order to quickly adjourn the court, he went to ask the dean for instructions.
Gongsun Hui quickly rang the gavel and said.
"Please prepare for the parties to the lawsuit. In one minute, each party will make a closing statement."
"After the parties to the lawsuit have finished their statements, the court will be adjourned!"
One minute later.
The plaintiff began to make a closing statement first.
Lin Hao said with a serious face.
"I want to ask you a question."
"Do you have elderly people in your family? Do you have children? Are there patients who are bedridden and need care?"
"If so, please listen carefully to what I am going to say next..."