British writer
Chapter 254 Far ahead
There was some discussion in the conference room.
A few people felt that Lu Shi said it casually and did not take it seriously;
But most people think that he understands the "Ferry Act" so well, it's not like he doesn't understand it and pretends to understand it.
They all looked like they were asking for advice.
Lu Shi was a little confused.
Wasn't there a case of innocence in Europe at the beginning of the 20th century?
He looked around,
"Isn't what I just talked about already implemented by you? It was in the Declaration of the Rights of Man and Human Rights in 1789."
This sentence is very sincere, not flattering.
But the French people present unconsciously straightened their chests and showed their faces.
Someone replied: "Professor Lu, the principle established in the Declaration of Human Rights is the presumption of innocence. You just said 'innocent guilt'. Just listening to the expression, you can clearly detect the difference between the two. The latter is more advanced." very."
"Tsk..."
Lu Shi was stunned when he heard this.
I really admire these French people who often use words like "advanced nature".
He waved his hand,
"Is this related to advancement?"
Clemenceau nodded and said: "Of course it is relevant! Let me talk about the presumption of innocence first. This principle requires that the burden of proof be borne by the prosecution when a person is acquiesced in his innocence."
Lu Shi agreed,
"Yes, the so-called 'right to avoid prosecution'~"
The people at the scene were silent again.
Then,
swish swish——
They started taking out pen and paper again to record,
At the same time, I still don’t forget to whisper,
"Professor Lu is really concise and to the point. Is there any more precise term than 'the right to be innocent without proof'?"
"But I feel like the word is not as strong as 'presumption of innocence.'"
"Why?"
"It's a very simple truth. 'The right to immunity without proof' is nothing more than not forcing anyone to prove their guilt. It is equivalent to 'not being sure of guilt before judgment' and 'be sure of innocence before judgment'. Obviously the latter is stronger. .”
"But I think Professor Lu is right. Don't forget what the situation is in France now. Can you get it right in one step?"
"Ah...I understand! As expected of Professor Lu..."
"We are still far behind, let's learn a little bit!"
…
They appeared convinced.
Lu Shi's head was full of black lines,
 ̄□ ̄||
Regarding law, he is only half-experienced and only knows a few major principles.
Who would have thought that all these legal masters would be transformed...
Clemenceau said ashamedly: "After I just finished talking about the presumption of innocence, I also wanted to try to talk about my understanding of 'beyond suspicion'. Now it seems...Professor Lu, I'd better talk about it."
Lu Shi was speechless,
How can this be so casually deceived?
If you talk too much, the secret will definitely be exposed!
He spread his hands and explained: "Actually, I know very little about law."
The corners of Poincaré's lips curled up,
"Professor Lu, you are still so humble. However, the term 'innocent' cannot come out of nowhere, right? Either it has its origin; or you have a deeper thought on the principle of statutory punishment."
These words served as a reminder.
Lu Shi had an idea and said, "The reason why I said that word has nothing to do with advancement is mainly because I considered it from the perspective of time."
The dimension of time?
Everyone couldn't help but look at each other.
Even Dumas couldn't help but asked curiously: "What does this mean? Could it be..."
"hiss……"
He took a breath,
"Has anyone made that point earlier?"
As soon as he finished speaking, other people also showed expressions of realization and expressed their opinions.
What natural rights?
What Italian criminal jurist Beccaria,
What about Maine's "Ancient Law"?
…
Opinions vary.
Lu Shi was also happy to see this situation, and would not express an opinion if he could.
It's a pity that he was so successful in pretending to be X in front that he can no longer be invisible.
Everyone couldn't come up with a reason, so they all looked at Lu Shi again, with expressions of thirsty for knowledge, and their eyes even flickered.
Clemenceau said: "Professor Lu, it's up to you to speak."
Lu Shi took over the conversation and said: "I study history, so let's start from a historical perspective. In ancient Rome, the laws and regulations clearly stipulated that 'if there is doubt, it is for the benefit of the defendant'. Simply put, it is in the interests of the defendant." the rules."
Poincaré chuckled upon hearing this,
"No wonder you can defeat Professor Monson. What do you say in China? Understand each other, understand yourself..."
Lu Shi said: "Know yourself and your enemy, and you will never be defeated in a hundred battles."
Poincaré nodded,
"Yes, yes, Professor Monson lost to you. It's not unfair."
Clemenceau took notes and muttered: "I didn't expect that the relevant principles can be traced back to ancient Rome. We are just self-righteous."
Lu Shi corrected: "It didn't originate from ancient Rome at first."
"ah?"
Everyone was confused.
Lu Shi said: "There is a book called "Shangshu" in China, which states that 'the suspicion of crime should be light, and the suspicion of merit should be serious', 'rather than killing the innocent, it is better to be innocent', 'the five punishments should be pardoned, and the five punishments should be doubted'. "Pardon, judge and conquer" this kind of text; "Book of Rites" has a record of "If there is doubt, everyone will share it with others. If everyone doubts, forgive them."
It is not difficult to translate these classical Chinese texts into French;
Everyone else understood.
The room fell into silence,
"..."
"..."
"..."
The atmosphere is weird.
Lu Shi looked around,
"What? What's the problem?"
Clemenceau smiled bitterly and asked in a low voice: "Professor Lu, when was the Book of Documents written? When was the Book of Rites written?"
Lu Shi replied: "Let me first explain what "Shang Shu" is. It is also called "Book of Records". It is China's first ancient historical document and a compilation of some works that trace ancient deeds."
The French people present all breathed a sigh of relief.
It turned out to be a compilation,
So, there is something for every time period.
Lu Shi continued: "In short, the time when the book was written can only be estimated. If we want to draw a latest timeline, it should be around the 10th century BC."
Just finished speaking,
"puff!!!"
Someone just took a sip of water and sprayed it on the spot.
Clemenceau asked: "Professor Lu, you mean that the Chinese were discussing the presumption of innocence in the 10th century BC?"
Lu Shi was confused,
"Any questions?"
The room fell silent again,
"..."
"..."
"..."
If silence can be compared, this time is "more" silent than the last time.
After a while, someone smiled bitterly and said: "We were talking about 'advancedness' and 'being at the forefront' just now, but it turns out that they are three thousand years ahead of us."
Lu Shi waved his hand,
"Three thousand years is not enough. Didn't Master Grotius propose natural human rights in the sixteenth century? It's only two thousand five hundred years."
Shen Te Miao's "only two thousand and five hundred years\
,"This is so heartbreaking to say!
The rest of the people present were unable to respond.
Clemenceau returned to the subject,
"Professor Lu, you just mentioned the "Book of Rites". That book is...forget it, I won't ask anymore."
It's probably an old monster from the 10th century BC.
It's better not to ask.
No wonder Lu Shi said it had nothing to do with advancement.
They are all leftovers from other people’s games, so what else can be advanced?
Clemenceau sighed,
"Professor Lu, if that's the case, does your theory of 'beyond suspicion' also come from classics?"
Lu Shi said: "Jia Yi in the Western Han Dynasty wrote a book called "Dazheng", "So it is better to kill the guilty than to kill the innocent. If the husband is guilty, leave it to doubt; if the husband is guilty, leave the doubt. "Attach it to yourself." Under the guidance of this principle, the emperor carried out the reform of abolishing corporal punishment."
Someone asked: "When was this country established during the Western Han Dynasty?"
No need for Lu Shi to explain, others explained.
"That's not a country, it's the dynastic system of Chinese civilization. If I remember correctly, the Western Han Dynasty was also in BC."
These French people are depressed again,
Why was it that the Chinese were the first to abolish corporal punishment?
This country is too outrageous.
Clemenceau snorted coldly,
"What was the excuse for launching the Sino-French war before? Ridiculous! The more you understand the world, the less you think that civilization and barbarism are just a misalignment of time."
Dumas echoed: "When people are civilized, we are still barbaric~ Why do some people just can't figure it out?"
The corners of Clemenceau's mouth twitched.
"well……"
He seemed to be hesitant to speak.
Dumas said: "What? Is there anything you can't say directly?"
The corner of Lu Shi's mouth curled up,
"It's not that Mr. Clemenceau can't speak directly, but he thinks it's useless to speak. Mr. Dean, you said they can't understand, then I want to ask you, spending money to renovate school buildings and dormitories can improve the learning environment of students. , you can’t understand this either?”
Dumas was embarrassed;
"understood."
It’s not that I can’t figure it out,
Instead, he pretends to be confused while pretending to understand.
He sighed: "I'm tired of reality, it's really...sigh...I can't help it."
Most of the French people present were from the left;
If you tell them about reality, they will tell you about ideals.
Suddenly, the room became noisy,
“If you don’t admit your mistakes, what kind of reality is that?”
"Don't talk about what you have or don't have in front of Professor Lu. He is the compiler of the "IPU Charter" and actually spends money for charity and education."
"That's right! People think it's ridiculous if you talk too much."
…
Lu Shi: "..."
After listening to other people's comments, he felt that he was really awesome.
He waved his hand,
"Let's not talk about this, shall we?"
Only then did the others come to their senses.
Clemenceau said "hmm" and said: "Indeed, it's better not to go too far. Let's go on to talk about 'no guilt'. Professor Lu, you just talked about so much history, what do you think? How should we understand it?”
Lu Shi fell into deep thought,
"As you said, the presumption of innocence requires that the prosecution bear the burden of proof when acquiescing to a person's innocence. And 'beyond suspicion' means that if the burden of proof has not been fulfilled, the prosecution must There is insufficient evidence to acquit.”
The sound of taking notes sounded again in the room,
swish swish——
After a while, Clemenceau looked up and said,
"So, the presumption of innocence is the cause, and the suspicion of guilt is the effect. This also shows that there is no question of advanced or not."
Lu Shi smiled and said,
"I don't quite understand either."
He spoke very sincerely, and it was obvious that he really knew little about law.
But this kind of sincerity is the most convincing,
Clemenceau nodded,
"Professor Lu, you are worthy of being the founder of modern history. You can draw inferences from one instance and apply history to law."
Poincaré on the side said helpfully: "Professor Lu once said, 'Using history as a mirror, you can know the ups and downs.'
Lu Shi coughed,
"That's what an emperor of China said, and I quote it."
Poincaré smiled,
Heart way,
It is absolutely correct to say that Professor Lu is humble.
Clemenceau asked: "Professor Lu, in ancient Chinese books, those principles are only briefly mentioned, but there are no specific laws?"
Lu Shi replied: "No."
Of course it's impossible,
Because the suspicion of guilt had to wait until the Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948, which provided a legal basis for the implementation of this principle worldwide.
Clemenceau said helplessly: "It is impossible to hold on to empty principles without legal provisions. Just like the presumption of innocence has been stipulated in the Declaration of Human Rights, but what about the reality? The Dreyfus case is still fresh in our minds. Woolen cloth."
Lu Shi was a little confused.
"If you have principles, aren't the laws simple?"
When he said this, he really sounded like a layman in the practice of law.
Someone kindly reminded: "Professor Lu, things are far from that easy. You live in London and have written a satirical masterpiece like "Yes! Prime Minister", so you should know better than us."
Others echoed: "Yes, yes, yes! What does that paragraph say? Just the fourth-order theory of statecraft..."
Lu Shi was speechless,
"So that's it."
He couldn't help but smile and shake his head,
It seems that public servants all over the world have the same moral character.
If it can remain unchanged, it will remain unchanged.
Maintaining the status quo.
Even the old revolutionary areas are no exception.
Lu Shi pondered,
"He also said, didn't we just talk about the Ferry Act? It can be emulated."
This sentence made everyone's eyes light up.
Clemenceau murmured to himself: "To attack in the east and in the west, step by step, encroaching step by step."
He looked at Lu Shi again,
"Professor Lu, please teach me!"
This old man is here again.
Lu Shi Buzhe said: "It's not a matter of teaching or not. Didn't you all fully understand just now about 'doubting the guilt'?"
Clemenceau frowned,
"I do understand, but the problem is...well..."
He still didn't seem to understand.
Lu Shi then enlightened the other party: "Mr. Clemenceau, what is the ultimate goal of 'no guilt beyond doubt'?"
Clemenceau thought while answering: "The ultimate goal is a rule of evidence. Simply put, it is to make the burden of proving the defendant's guilt rest on the prosecution, and the defendant does not bear the obligation to prove his innocence."
Someone interrupted,
"However, this is difficult to achieve."
Lu Shi said with certainty: "It is indeed difficult to achieve it in one step. But it can be... For example, ancient Rome had the principle of favoring the defendant."
Everyone present is smart, why don’t you understand?
Dumas suddenly realized,
"I understand. When there is doubt about the defendant's guilt or the seriousness of the crime, an explanation should be made in favor of the defendant. Even the ancient Romans could do this, so we French can't do it, right?"
Clemenceau nodded,
"Indeed, it does not seem difficult to implement this bill. However, we still cannot jump to the ultimate goal."
Lu Shi spread his hands,
"Then let's add a few more steps. For example, the right to silence, the right to be exempted from certification..."
There is no need to explain it more thoroughly.
Clemenceau lowered his head, wrote quickly, and wrote down a three-step plan.
——
1. When there is doubt as to whether the defendant is guilty or the seriousness of the crime, an explanation should be given in a manner favorable to the defendant;
2. The defendant has the right to refuse to make a statement. The defendant cannot be forced to testify against himself, nor can his silence be used as a basis for guilt;
3. In criminal proceedings, the burden of proving the defendant's guilt rests with the prosecutor, and the defendant has no obligation to prove his innocence.
——
In order of intensity, it should be:
Three → two → one.
But because we are implementing a new bill, we must learn from Ferri and implement it from weak to strong in a big cycle of several years.
That is:
One → two → three.
"Huh~"
Clemenceau let out a sigh of relief.
He was very satisfied with this plan.
I didn't expect that meeting Lu Shi would bring up such a useful topic.
He raised his head and looked around,
The other legal practitioners also looked refreshed and refreshed, as relaxed and at ease as if the phase had just passed through.
Clemenceau stretched himself;
"Anthony?"
Dumas was still deep in thought, and it took him a while to come back to his senses.
"Ah? What?"
Clemenceau asked: "I heard you and Professor Lu just talking about whether the students want to renovate the school buildings and dormitories?"
Dumas gets depressed when he talks about it,
He had a look of despair on his face,
"Not just renovations, they also want to build a new campus!"
As he spoke, he didn’t forget to shake off his clothes.
"Look, they tore my fine coat into a lady's evening dress. If you don't know, you might think I have some special hobby~"
Everyone laughed.
The atmosphere in the conference room became brighter.
Clemenceau walked to the window and looked at the school building in the distance.
"It's really time to fix it."
Everyone followed his gaze,
There are cracks and holes in the walls and roof of the school building, giving people a sense of uneasiness.
In addition, the facilities are also very old, and many windows don't even have curtains.
Clemenceau looked at Lu Shi,
"Professor Lu, what do you think?"
This question is very unnecessary.
Lu Shi was a little surprised,
"ask me?"
He answered in an official tone: "Renovating school buildings and dormitories is an important project. It can not only improve the school environment, but also improve students' learning experience. At the same time, it is also an exciting project that can inject new vitality into the school. , providing students with an inspiring learning environment.”
Clemenceau sneered,
"Professor Lu, it turns out that you can also say such things."
"Ah this..."
Lu Shi touched his nose.
"You know, I am now famous in London Economics and Political Science, and I still have to attend classes occasionally."
Clemenceau smiled even brighter,
He turned to Dumas,
"Anthony, did you hear that? I also think what Professor Lu said is very reasonable, so I am willing to donate a sum of money in the name of "The Group" and "Aurora News".
As soon as he finished speaking, the others immediately responded,
"I can also pay!"
"I also!"
"And I!"
…
Dumas was confused;
This is……
Feeling better?
Clemenceau continued: "Of course, the donation also has a purpose. I think today's event is very memorable. Is the new school building called the 'Suspect Building'?"
He turned to Lu Shi with a consulting look in his eyes.
Lu Shi: "..."
"Mr. Clemenceau, I think this name is a little ridiculous."
Clemenceau smiled,
"That's called 'Lu Shilou'?"
Lu Shi:? ? ?
"I didn't say I wanted to donate..."
Although the "Mirror" transformed into a money printing machine after selling advertising space, money cannot be spent in this way.
After all, Columbia's £100,000 gap is still waiting there.
Clemenceau said: "Professor Lu, you don't need to pay. Based on the discussion just now, we all feel that what just happened is worth remembering, and you are the most important one...Ah! Or should I give it to you in the Sorbonne?" The college erects a statue?”
Lu Shi shook his head,
"do not."
Poincaré said next to him: "I have a compromise."
Everyone looked at him,
Dumas said, "Henry, tell me."
Poincaré smiled,
"Professor Lu's calligraphy is very good. Just ask him to nominate the new building. In this way, the Sorbonne can borrow Professor Lu's reputation without looking so licking... Ahem... I mean... …Everyone who understands understands.”
Lu Shi remembered that he had indeed written calligraphy in front of Poincaré——
Knowing is knowing, not knowing is not knowing, this is knowing.
I don’t know how this guy’s aesthetic system was established, and why he thinks those words are well written.
However, now that the matter has come to this, he can only accept it.
"How about calling it 'Mingfa Building'?"
Clemenceau nodded immediately,
"This is a good name! Moreover, Professor Lu is qualified to mention the name. Because you are Chinese, and China's leading position in law is irrefutable. It can be said to be 'far ahead'. This is the knowledge you have popularized to us~"
This flattery is a bit explicit.
Lu Shi was used to it,
"Okay, let's call it 'Mingfa Tower'. I...well...I'd better donate 5,000 francs."
It doesn’t matter if his calligraphy is good.
If the writing is not good, I might as well donate some money and treat it as compensation for the University of Paris.
Therefore, in the next hundred years, Mingfa Building has been weathered, renovated and even rebuilt many times, but its house number has not been changed. It has always been three Chinese characters.
The French name is squeezed below, with only a small line.
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