Want to eat Tang monk meat, why different judgments in the same case
——Interesting Journey to the West Part 3
Sui Xiaopeng
The bone spirit died, and the white fox spirit was killed, and the responsibility of the white deer spirit was just a cry from the birthday star: "Naughty animal! Quickly show the original appearance, spare you death!" In the end, he returned to his old business and returned to the immortal world with the birthday star.
This is a typical case of different judgments.
In the context of the novel, these are two different stories; in the eyes of legal people, these are two similar cases.
The same case has different results.
Tang Seng was originally the incarnation of the golden cicada, the original body of the tenth generation of cultivation.
Eating a piece of Tang Seng meat will lead to immortality, so when Tang Seng went west, various monsters and ghosts tried every means to eat Tang Seng meat.
However, eating Tang Seng meat is a major criminal offense. Those monsters who want to eat Tang Seng meat intentionally commit murder, and objectively commit various methods of murder, infringing Tang Seng’s right to life, and not only To kill the person, but also to eat the flesh, can be described as extremely cruel, and extremely bad influence, which undoubtedly constitutes the crime of intentional homicide—attempt.
However, these criminals who also constitute the crime of intentional homicide receive different penalties.
To give two examples, the first example is the story of three dozen white bone spirits.
The Bone Essence is a pile of skeletons hidden in the mountains. The name is Mrs. Bone. She is greedy for the effect of Tang monk meat to help him live forever. He uses tricks. It is transformed into a family of three in three times. It is close to the Tang monk and plots wrongdoing. Three times, he was found out by Monkey King. The stick fell, and Mrs. Bone was dead.
The second example is the story of the Bhikkhu country saving children.
The white deer, the mount of the Antarctic Canopus Star (Birthday Star), slipped away from the world to Bhikkhu while the owner was playing chess with the Emperor of East China. He presented a beauty transformed by a white fox to the king of Bhikkhu and became the head of the bhikkhu.
The king of the Bhikkhu Kingdom was so indulged in the beauty of the white fox, that he was weak and almost lost.
Bailujing lied that to find a magic prescription for longevity, one thousand one hundred and ten children's heart and liver must be used as a medicine.
When the monk Tang passed by, he helped rescue the children.
Unexpectedly, the Bailujing recognized Tang Seng as the true body of the tenth generation of cultivation. The king of Huyou Bhikkhu used Tang Seng’s heart and liver as a medicine. It was discovered by Monkey King and chased to his cave. Just when the monster’s life was about to end, the birthday star He took action to protect the monster, begging "forgive his life."
But a white fox spirit who was a disaster for Bhikkhu was beaten to death by Zhu Bajie.
In the context of the novel, these are two different stories; in the eyes of legal people, these are two similar cases.
The same case has different results.
The bone spirit died, and the white fox spirit was killed, and the responsibility of the white deer spirit was just a cry from the birthday star: "Naughty animal! Quickly show the original appearance, spare you death!" In the end, he returned to his old business and returned to the immortal world with the birthday star.
This is a typical case of different judgments.
Regarding the phenomenon of different judgments in the same case in "Journey to the West", we can certainly say that it is because of the unequal treatment of people by ancient laws.
"Book of Rites·Qu Li" says: If you can't be courteous, you can't be punished by a doctor.
"Zhou Ceremony" contains: the eight-point Libang method.
The ancient laws of our country treat people of different classes differently. There are provisions for reducing penalties for crimes of relatives, old age, virtuous, capable, meritorious, noble, diligent, and guest class. This causes different people to commit the same crimes, which will occur. Different penalties.
Bailujing is the mount of Canopus of Antarctica. It belongs to the privileged class. It is naturally different from the white bones in the wilderness and the wild foxes in the lonely mountains.
The reason for different judgments in the same case is not just the inequality of legal subjects.
The history of mankind has long completed the transformation of "from identity to contract".
The totem goddess of justice, Justettia of modern justice, holds a sharp sword in one hand and a balance in the other. The image of her blindfolded eyes is a metaphor for justice regardless of the identity and status of the parties. It has become the basic norm of a modern society under the rule of law.
However, after the law established the principle of equality before the law, the phenomenon of different judgments in the same case has not completely disappeared. It is still an important issue that plagues modern justice.
Why is this?
Objectively speaking, when a judicial field is large enough and the social development status, economic development level, customs and habits of various regions are not balanced, it will lead to different evaluations of the same fact.
A simple example is the crime of theft. The fact that the theft of the same amount of property occurs at the same time in an economically backward area and an economically developed area will not only draw different conclusions on the severity of the crime, but also the guilty and non-criminal. The conclusions are very different.
Different judgments in the same case in this case are reasonable. We can only gradually weaken and even eliminate them through the overall development of urban and rural areas and regions in the economy and society. Simultaneous judgment in the same case may bring substantial unfairness instead.
Subjectively-the same case occurred in the same area and at the same time, and different conclusions were obtained, which is often caused by subjective reasons.
These subjective reasons include not only the legal literacy and professional ethics of the case-handling personnel, but also the existence of the same judgment criteria.
First of all, if the legal literacy of the case-handling personnel does not adapt to the rapid development of the law, or if they do not abide by professional ethics and practice favoritism, the situation of different judgments in the same case will be more serious.
In this regard, the ongoing reform of the judicial system has introduced many measures, such as the post system for judges and prosecutors, and the "three regulations" reporting system, which can effectively curb different judgments in the same case in this situation.
Secondly, justice is a kind of value judgment. Different people have different understandings of legal provisions. If the judgment criteria are not uniform, it will also cause different judgments in the same case.
To solve this problem, of course, higher courts and procuratorates need to strengthen the professional guidance of lower courts and procuratorates, and unify the standards between the lower and lower levels. Each level of courts and procuratorates should also unify their courts through professional meetings of judges and professional prosecutors. Understanding and application of the same law.
The white deer spirit, the white bone spirit, and the white fox spirit who also wanted to eat Tang monk meat received different penalties. This makes readers of "Journey to the West" generally feel unfair today.
Therefore, in addition to objectively having to deal with the same situation differently in different regions, we should have the same conclusion for the same case that occurred in the same region at the same time, because the same situation should be dealt with in the same way. The essential requirement of fairness is also visible justice.