Chapter 119 I understand Mr. Zhang San
These audiences are ordinary people and do not have professional knowledge in law. After the two incidents just now, everyone's judgment was completely wrong.
Naturally, when facing the "Li Si's dog killing case", he was a little hesitant to make a judgment.
Because they know that there is a high probability that their judgment will make mistakes again.
Then just give the opposite answer?
But why?
Why choose this answer?
I can't say that the elimination method is used!
According to their views, such as 880,000 yuan, it should be a major amount of property losses.
If you do this like Li Si, you will definitely be sentenced to life without a chance!
But then again, this is just a pet dog after all. If you kill it, you will be killed, and if you eat it, you will be eaten, and you will be punished. However, it feels too severe to sentence a life imprisonment.
But they always felt something was wrong, but they couldn't tell the difference. They left messages again, telling Zhu Quan not to keep it in hiding:
"Tell me quickly! Teacher Zhang San! It's a bad behavior to suck people's appetite!"
Zhu Quan smiled "hehe" and said indifferently: "My friend Li Si certainly constituted theft in this "dog stealing" case."
Zhu Quan first came to the conclusion, then paused and said, "Li Si arrested the pet dog from his neighbor's house and ate it. Later, he found out that it is worth 880,000 yuan. Is this a mistake in fact or a misunderstanding of evaluation? This is a bit more subtle than the "duck stealing" incident."
The so-called mistake in fact recognition means the misunderstanding of facts, that is, the facts recognized and intended by the actor are inconsistent with the actual situation and objective facts.
Whether such errors affect the criminal liability of the perpetrator must be handled differently according to different circumstances:
If it is a wrong understanding of the facts that constitute the crime, it will affect the criminal liability of the perpetrator;
If the understanding of facts other than the elements of the crime is wrong, it will not affect the criminal liability of the perpetrator.
The evaluation of the misunderstanding is something that ordinary people know, and the facts they intend are inconsistent with the actual situation and objective facts.
Zhu Quan said in a straightforward manner: "First of all, does Li Si know if the dog is a dog? I know! Correspondingly, the same as the previous incident, is this dog expensive? It depends on who judges? It depends on Li Si's judgment or the judgment of ordinary people? Is it the average person?"
"Why do you think that most people think that a dog costs a pet dog?"
Zhu Quan stopped when he said this, and everyone made the number in their hearts.
"One hundred yuan, no more!"
"Funny, at least five hundred!"
"I just spent 3,000 yuan last week to buy a pet dog, Corgi!"
"My dog is not worth a lot of money, but it's so smart, haha!"
"For dogs, I think a thousand dollars is about the same!"
...
Zhu Quan nodded and said, "Indeed, the range of a few hundred yuan, one or two thousand yuan, and the maximum of three thousand is very reasonable? In other words, is it more reasonable to be worth one or two thousand yuan? So, since it is reasonable, then Li Si at least constitutes the crime of theft!"
Everyone held their breath and listened to Zhu Quan continue speaking.
"The key to this problem is that the dog is worth 880,000 yuan in the end. So isn't Li Sigou's theft a particularly huge amount?"
Zhu Quan asked another question to everyone.
However, Zhu Quan learned his lesson this time and did not keep it in hiding. He answered directly and said seriously: "It's not constituted!"
After hearing this, the audience looked at each other.
Still that problem.
This suddenly raised the value of this pet dog to 880,000 yuan. It was so expensive. I couldn't bear to say that Li Si was sentenced to life. But if it really did not constitute a major theft, it would be a dog like this, and the owner of the dog wouldn't be happy!
So, why?
Give me an explanation!
Then, Zhu Quan smiled faintly, raised his lips slightly, and said, "Because no one can know that a dog is so expensive? 880,000! It's not 880,000, but 880,000! It's more expensive than him, Li Si!"
"Please imagine that in the city, even an ordinary dog is basically worth hundreds or thousands of dollars, or even... This is not what I said, it is stipulated by market consumption. Nowadays, these dogs have fancy hair colors, especially those with green hair and red tails. It is much more expensive to make hair once than the male students who watch live broadcasts to cut their hair..."
Zhu Quan was about to laugh when he said this.
He has heard of this.
Because many people in my classmate’s home have pet dogs, and the haircut is 688 yuan. This is the price that I applied for and was discounted after becoming a member!
Zhu Quan was shocked when he heard this!
So much money!
Zhu Quan said that he could use this money for more than a month!
However, it is just the price of a dog's haircut.
Zhu Quan smiled and cried, his heart was sobbing. People were not as good as dogs!
At this time, the audience in the live broadcast room also launched barrage:
"Ma Fei, my heart hurts so much! It seems that it is true!"
"Pet dogs are much more expensive than humans to see a doctor!"
"Teacher Zhang, what you said is so heartbreaking! We...we... are even worse than a terrible dog!"
"Woooooooooooooo... A typical dog is more expensive than him, we humans."
...
The audience expressed helplessness.
Zhu Quan continued: "In our Chinese country, we must follow the first thing we need to follow in the "principle of ordinary people"!"
"In other words, in the eyes of ordinary people, how much does this pet dog cost? One or two thousand yuan, right? The value of this dog does not depend on Li Si, nor on you and me, nor on the director of the pet dog. Is it right?"
"You said this dog is worth 880,000 yuan, or more than one million yuan, but Li Si also said that this dog is worthless and is a native dog!"
Then, Zhu Quan changed his subject and brought this back to Wang Danluo's "duck stealing" case, and asked: "So, the same is true. Have you ever understood the key to Wang Danluo's case?"
When Zhu Quan talked about this, the audience and fans who saw him live broadcasts basically understood what he said.
In general, this is the question of who controls the criteria of "value judgment".
In Zhu Quan's words, when convicting the case, the value of the items that appear in the case must not be determined based on individual judgments, but must be based on the value judgment of ordinary people.
The so-called ordinary people are the general consensus that the vast majority of Chinese people believe.
"I understand! Teacher Zhang San!"
Someone spoke.
"For Wang Danluo's duck, although it is worth more than 10,000 yuan, nearly 20,000 yuan, it is impossible for ordinary people to think that the duck is as high as 10,000 yuan when they see this duck! Not to mention the aunt who steals ducks! In our eyes, if Wang Danluo doesn't say this duck, then I do think it's worth dozens of dollars!"
The man then typed these lines on the screen.
Then, everyone seemed to be in line and typed on the barrage:
"Teacher Zhang San, I understand!"
"Teacher Zhang San, I understand too!"
"Teacher Zhang San, I understand too!"
...
Chapter completed!