Salon Held for the Legal Scholars to Discuss the “Incident of Jiang Ge-Liu Xin”

2017-11-27

News Network (Student Reporter Wang Yuping, Student Correspondent Tan Yajuan and Cai Yuting) In the evening of November 23th, more than ten young scholars gathered in Moot Courtroom  of Wentai Building to express different opinions and show different perspective from civil law, criminal law, constitution, criminal procedure and jurisprudence.

Chen Hu, Associate Professor of Law School, illuminated the purpose of this salon as providing the students with the opportunity to learn outside the class and creating academic memories of ZUEL for them. After a brief introduction on the murder case of the overseas student Jiang Ge, “different schools” expressed their opinions. Wang Fuchun, the teacher of criminal law, condemned Liu Xin, but he also analyzed mass psychology and discerned the criminal liability of different parties. Mr. Liu Zhengfeng elaborated the civil liability with tort liability as the clue using the method of assumption in civil law. Mr. Zeng Tao, beginning with the theoretical analysis of “freedom of speech and freedom of the press” of the constitution, identified the legal liability of the related press combining the professional ethic of the media. Associate Professor Guo Beibei, from the perspective of criminal procedure, stressed on the details and facts of the case and said that moral condemnation had its rationality but the popular will should be more reasonable.

After the speeches of the keynote speakers, the discussion in the room was heated with collision of thoughts and speeches, and the guests expressed themselves with sparks of thoughts. Professor Chen Bofeng refuted, “the case is simple. The moral incident of Jiang Ge and Liu Xiu should be dealt with moral condemnation and the legal case of Jiang Ge should be dealt with legal sanction.” Professor Qin Xiaojian thought that the law couldn’t punish the evil of human nature but it didn’t mean law and morality were antagonistic. In order to connect morality and law, he proposed the institutionalization of the popular will hoping to establish public domain for the expression of popular will. Professor Zhang Jiayong affirmed the concerns and thoughts of the students of the case from the perspective of civil law. He exhorted the students with one of the spirit of civil law that everyone should considered the consequences before taking actions and shouldn’t stop at nothing in the name of justice.

More legal scholars and teachers participated in the following part of free discussion, filling the room with applause. Professor Zhang Zhongmin connected the case with environmental law and interpreted the case with “the principle of biological diversity”and “the rule of ecological compensation” in a new way. Huang Zemin, the teacher of jurisprudence, brought up the dualistic view of law and morality and thought that people paid attention to this case because of the conflict between law and morality. Jiang Nannan, the teacher of the history of law, provided us with a new way of thinking by introducing the law in Tang Dynasty that one who didn’t stand up for the help of others should be beaten for 100 times.

        The Q&A part in the end had an animated atmosphere with the students fighting for the opportunities. Associate Profession Chen Hu, in the end, discussed the protection of the victims and recommended two books “Encounter with the Misfortune of the Gun” and “Fight against Desperation” and the film “Secret Sunshine”, hoping the students could benefit from them.