1. Old-fashioned, hard to change.
2. The most powerful constraint on crime is not the severity of punishment, but the certainty of punishment, because even the smallest crime, once identified, will always be terrible.
3. Punishment can't be abolished in prosperous times, and it can't be abolished in prosperous times.
An unfair referee is worse than many unfair behaviors. Because these unjust acts only pollute the water flow, while the unjust judge pollutes the water source.
5. Our era is the era of rights. Human rights are the concept of our times and the only universally accepted political and moral concept.
6. Even if the judgment does not accurately determine the truth of the past, the parties to the dispute will voluntarily accept the judgment of the court as long as they are convinced that they have been treated fairly.
7. If there is no court to explain and define the true meaning and actual operation of the law, the law will be a dead letter.
8. I found that the origin, cause and development of chaos and all fires are related to the corrupt legal systems in various societies.
9. Good order is the foundation of everything.
10. Let's be fair, and then we will get more freedom.
1 1. The purpose of law is to create a stable and understandable action structure, in which individuals can carry out their plans and be more or less aware of the possible results. search
12. Law originates from human self-defense instinct.
13. Procedure is the watershed between the rule of law and arbitrariness.
14. Justice can promote a nation.
15. Law is the art of justice and kindness.
16. Discuss things with ruthless eyes and look at people with compassionate eyes.
17. The best law comes from habit.
18. An unfair contract is better than a long lawsuit.
19. The power of law is limited to prohibiting everyone from harming the rights of others, but not prohibiting him from exercising his own rights.
20. The law uses punishment, prevention, specific relief and alternative relief to protect various interests. In addition, human wisdom has not found other more possibilities in judicial action.
2 1. No matter what era, if there are too many differences of opinion in the court and in the classroom, then the law will lose its power.
22. It is auspicious to legislate by regulating the people, but ominous to rule by law.
23. The official does not kiss, the law does not leave the feelings, and there is no distinction between the upper and lower levels.
24. If the same group of people have the right to make and implement laws at the same time, it will give people a great temptation to seize power easily, so that they can avoid obeying the laws they have made, and when making and implementing laws, the laws suit their own private interests.
25. Where justice is ignored, where equality, as the core of justice, is constantly denied by statute law, where the law is not just? An unjust law? , but completely lost the essence of law.
26. Law contains the story of how many centuries a nation has experienced, so it can't be studied as a theorem or formula in mathematics textbooks. In order to know what law is, we must understand its past and future trends.
27. Systematic codification can be the product of conscious and general reorientation of legal life, such as the result of political innovation of the Ministry of Foreign Affairs, or the result of compromise between various classes and groups wishing to achieve social unity within political entities.
28. The life of law lies in its implementation. Therefore, how to make a large number of legislative and judicial interpretations effective urgently requires serious scientific research.
29. The name of a free man comes from the word freedom. Freedom is a natural force, and everyone can do whatever he wants unless it is hindered by material forces or laws.
30. The law must be clear and easy to understand.
3 1. In the past, to suppress civil rights, people's wisdom was the first meaning; If we want civil rights today, we must take the wisdom of the people as the first meaning.
32. Generally speaking, the law governing all people on earth is human reason; The political and civil laws and regulations of each country should only apply this human reason to individual situations.
33. To give up freedom means to give up one's qualifications, rights and even obligations. It is impossible for a person to make up for everything he gave up. Such an abandonment of human nature is out of place, so that people's will loses all freedom, which means that people's behavior loses all moral values.
34. The political freedom of citizens is a mentality that makes everyone feel safe. In order to enjoy this freedom, there must be a government that no one needs to be afraid of.
35. The purpose of legal research is to predict the influence of public power through the instrumental activities of the court.
36. In enterprise legislation, the concepts of ownership and industry such as the whole people or the collective, industry or agriculture are of little use.
37. The legal system is not the product of jurists, but the product of people's social life. Judges, prosecutors, lawyers, legislators and law enforcers all play a role in this process, but in the final analysis, judicial activities are mainly not a theoretical argumentation process, but a professional judgment. In this sense, I want to say that a nation's society has created a legal system, while jurists have only created theories about the legal system.
38. Law is both material and ideological in nature, which is related to the fact that law not only develops from top to bottom from the structure and habits of the whole society, but also moves from top to bottom from the policies and values of the ruling class in society.
39. All explanations, if possible, must be realized by eliminating contradictions in the text.
40. Customs and agreements can invalidate laws.
4 1. Ignorance of facts can be used as an excuse, but ignorance of law cannot be used as an excuse.
42. No one is obliged to prove his guilt.
43. The law will not force a person to do what he cannot do.
44. The law can only help the vigilant, but not the lazy. (used to explain why there are? Limitation of action? System)
45. We are powerless to resist the truth.
46. Laws are designed to prevent powerful people from doing whatever they want.
47. If there is no ambiguity in the statement, you can't make an explanation that goes against the obvious meaning of the statement. Basic Principles of Legal Interpretation and Contract Interpretation
48. Once ambiguous expressions appear in the contract, we should try our best to make explanations that will help ensure the safety of the subject matter.
49. A person who enjoys rights can give up his rights.
50. Silence will be understood as consent.
5 1. The court cannot take the initiative to find a case. (Just right? Judicial activism? Criticism)
52. Facts that cannot be accepted in judicial proceedings are tantamount to non-existence.
53. When the reason for the existence of a law no longer exists, the law will disappear with it.
If you want to use your own property, try not to harm the interests of others.
55. Legal marriage is based on mutual consent, not the fact of cohabitation.
56. There is no jurisdiction between equals. Extension: A sovereign state may not exercise jurisdiction over another sovereign state.
Let the judge answer the legal questions and leave the factual questions to the jurors.