Seeing righteousness to have a more complete institutional guarantee

□ Chinese Women's Daily All -Media Reporter Wang Chunxia

The Tangshan barbecue shop attracted widespread concern. Lao Dongyan, a professor at the School of Law School of Tsinghua University, put forward a thinking, "At the scene of the incident, why do some people around him dare or do it?"

As a professionals, Lao Dongyan's focus is on how people's opinions provide institutional incentives and guarantees to provide institutional incentives and guarantees.

Seeing righteousness is closely related to legitimate defense. Proper defense is the right to citizens given by the law and an important legal weapon for struggle with illegal acts. On September 3, 2020, the Supreme People's Court held a press conference to release the "Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security's Guiding Opinions on Application for Application in accordance with the law" and typical cases. The purpose of the defense guidance is to effectively correct the error tendency of "who can make trouble" and "who is injured and wounds."

Lao Dongyan attended the Supreme People's Procuratorate at the time as the Deputy Director of the Legal Policy Research Office of the Supreme People's Procuratorate attended the press conference. She pays attention to judicial practice and has long been committed to the research on the legitimate defense system. "It should be said that the guidance of legitimate defense provides a good institutional framework. After the opinions are implemented, the individual cases have increased a lot of cases of defense."

Zhang Xinbao, a professor at the School of Law of Renmin University of China, believes that existing laws, especially judicial practice, are required to help those who help those who are shot and to be legitimate defense. Just as the defense guidance has improved, but there is still room for further improvement. More importantly, the habit of thinking is stubborn, which affects the implementation effect of the guidance to a certain extent.

Zhang Xinbao believes that it is necessary to severely crack down on any illegal criminal act of injured people. As far as the composition of crime, cannot be demanded too high to the degree of injury. Encourage legitimate defense and righteousness. For those who cause crimes to hurt people, try not to investigate the responsibility of the perpetrators in accordance with the law. Increase the commendation and rewards of those who see the righteousness, improve the level of protection, and severely crack down on the evil forces.

Zhang Jianwei, a professor at the Law School of Tsinghua University, believes that many people in the Tangshan barbecue restaurant did not help each other. Among them, the psychology that does not cause trouble makes many people see justice. When he was involved in an incident, it was easy for himself to cause trouble and even arrested himself. At the same time, seeing righteousness, we must also consider the safety of those who see the righteousness, and consider avoiding the further expansion of the results of the harm.

In Lao Dongyan's view, in order to promote social righteousness and let ordinary people dare to implement righteousness, the system should provide at least five incentives in the system. First, strengthen the business training of judicial personnel in the application of legitimate defense systems. When one party involves illegal infringement, criminal judicial practice should carefully identify mutual fighting, implement the spirit of legitimate defense guidance to the end, and truly establish the basic position of "law cannot be concession" in the whole society. Second, for the evil forces and hooligan gangs that endanger the law and order in the local area, we must jointly strike and form a strong deterrent. Third, relevant local departments should be exempted from the worries of the righteousness as the safety of the righteousness as the safety of the righteousness. When they or their families encounter harassment and threats, they will take timely shots to provide timely, continuous and effective public power protection. Fourth, to improve the compensation mechanism for seeing righteousness. When the righteousness is injured, disabled, or even sacrificed, it should resolve the medical expenses or compensate the family members accordingly. Fifth, the local civil affairs department shall come forward to the rewards to see the righteousness, including the compensation and rewards of material aspects; at the same time, the propaganda department strengthens the positive publicity of such incidents to provide positive incentives for people's dare to stand up.

He Wenjiong, vice president of the Chinese Social Security Society and a professor at Zhejiang University, told reporters that seeing righteousness in order to promote social righteousness, related funds should provide relevant guarantees for those who see righteousness. It is necessary to further improve the relevant system and mechanism, clarify the identification standards of righteousness, and clarify the responsible subjects of related medical expenses and misrepresented subsidies. The relevant standards should not be less than the treatment of work injury protection.

"The state should establish a sound risk guarantee mechanism for those who see the righteousness." He Wenjiong said that it should further cultivate the social culture of punishing evil and promoting goodness, adherence to justice, enhancing people's ability to self -defense and helping others, and to relieve the worries of those who see the righteousness through an effective mechanism.

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