法律的两面:威严和人情味 Two Sides of Law: Majesty and Human Touch

in r2cornell •  last year 

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Many years ago, I was lucky to hear a lecture from a Chinese who joined Pfizer Pharmaceutical. When talking about the laws of China and the United States, what he said were surprising. He said that the laws of the United States are too rigid and not as flexible and humane as those of China.

Although many years have passed, it seems to be either right or wrong to carefully think what he said.

The law must be dignified, that is to say, the law enforcement must be strict, and the violations must be prosecuted, and there can be no room for casual enforcement. Once the law is flexible and changeable, there will be unfair phenomena, and the people at the bottom of the society must be injured.

During the Anti-Japanese War, many patriotic and progressive young people rushed to Yan'an, while the old revolutionary Huang Kegong shot and killed a young girl surnamed Zhang because he failed to fall in love with her. During Huang Kegong's detention, many people went to Chairman Mao to intercede, including Chairman Mao's wife He Zizhen. But Chairman Mao finally made up his mind to shoot Huang Kegong, safeguarding the dignity of the law. In the first corruption case after the founding of the People's Republic of China, Chairman Mao sentenced Liu Qingshan and Zhang Zishan to death in the face of numerous appeals.

It is true that if the prince breaks the law, he will be punished as the common people. In matters of great evil and bad influence any human feelings can't be invovled. Only in this way can the majesty of the law be embodied, the Party and the country be trusted by the people, and be supported and loved by the people.

Especially in some countries in Southeast Asia, drug crime is rampant. It is precisely because China has adopted strict laws in this regard that drug crime has not formed a serious momentum.

It can be imagined that if we learn from the experience and practices of advanced countries in punishing corruption and trafficking in women and children, such as Singapore and Vietnam, we will be better able to combat crime and maintain the dignity of the law.

On major issues involving national security, the safety of life and property of the country and the people, we must adopt strict laws, treat things impersonally, and let people see the impartial side of the law and the image of a tough man.

Mr. Lu Xun said that a ruthless person is not necessarily a real hero, but a real hero should also have a tender side. In martial arts novels, chivalrous men with tender feelings are more popular with readers, which is not unreasonable.

As far as the law is concerned, the law should reflect its tender side in matters that are not of importance and influence. For example, if a private car runs a red light because of rescuing a critically ill patient, the private car may not be punished or given a lighter punishment after knowing the truth. It fully reflects the human touch of the law by persuading the illegal street vendors instead of confiscating vegetables and scales according to regulations.

The law is majestic and sacred. At the same time, the law has its tender side, but its human touch is reflected in matters related to people's livelihood and in matters of minor importance and influence.

多年前,我有幸听到加入辉瑞制药的一位华人的讲座,在谈到中美两国的法律时,此人的一番感慨令人惊讶。他说,美国的法律过于死板,不像中国的法律那样灵活和有人情味。

事情虽然过去了许多年,但细细咂摸他说的这句话,似乎又对又不对。

法律必须是威严的,也就是说执法必严,违法必究,容纳不得半点的马虎。而一旦法律灵活多变了,那么就会出现有失公允的现象,受到伤害的一定是社会底层的百姓。

抗日战争时期,许多爱国进步青年奔赴延安,而老革命黄克功因为恋爱不成竟然开枪打死了女青年张某。黄克功被关押期间,许多人到毛主席那里去求情,甚至包括毛主席的夫人贺子珍。可毛主席最终还是下定决心枪毙了黄克功,维护了法律的尊严。建国第一贪污案,面对众多人的求情,毛主席还是判了刘青山、张子善的死刑。

真的是王子犯法与庶民同罪,在重大恶极、影响极坏的事情上,容不得半点的人情。也唯有如此,才会体现法律的威严,才能使党和国家取信于民,得到人民的拥护和爱戴。

尤其是在东南亚一些国家,毒品犯罪猖獗,也正是我国在这一方面采取了严厉的法律才使得毒品犯罪没有形成严重的势头。

可以想象,如果我们在惩治贪污腐败和拐卖妇女儿童犯罪上,学习先进国家的经验和做法,比如新加坡和越南,就更能打击犯罪,维护法律的尊严。

在涉及国家安全、国家和人民的生命财产安全等重大问题上,必须采取严厉的法律,决不能讲人情,要让人看到法律铁面无私的一面,硬汉的形象。

鲁迅先生说,无情未必真豪杰,真正的英雄也应该有着友情的一面。武侠小说中,侠骨柔肠的侠客更受读者的欢迎,这不是没有道理的。

就法律而言,在涉及一些并非重大的事情上,法律要体现出其柔情的一面。比如,私家车因为抢救病危的病人而闯了红灯,可以在了解真相后对私家车不予处罚或者从轻处罚。对占道经营的老百姓采取劝导而不是按规定没收菜和秤,就充分体现了法律的人情味。

法律是威严的,是神圣不可侵犯的;同时法律又有其柔情的一面,但其人情味体现在关乎民生上,体现在非重大重要的事情上。

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