宋圭武观点159对一些实在侦破不了的案件,也可以考虑让嫌疑人面对社会大众发毒誓
一些案件靠程序很难破案,因为罪犯也会利用程序,但案件不依靠程序,也会出问题,这是程序正义需要解决的问题。总之,要侦破案件,冤枉好人也不好,放过坏人也不好。历史上一些案件似乎证据很充分,但最后还是有不少冤假错案。所以,有时候宁可放过坏人,也不要冤枉好人,这也是一种优化选择。因为若再冤枉好人,等于好人受到两次伤害,或至少有两个好人受到伤害。而放过一个坏人,虽然恶没有得到惩罚,但至少好人没有再受到伤害。
至于对一些疑难案件,实在侦破不了,也可以考虑让嫌疑人面对社会大众发毒誓。在法律制裁不了的情况下,依靠良心中的敬畏意识制裁也有一定效果。毕竟大多数人多多少少还是有一些敬畏意识的。嫌疑人发了毒誓,若没有犯罪,自然心安理得,若真犯罪,必然一辈子会多多少少有一些心理恐惧感,这也是一种变相的惩罚。另外,有了毒誓,一些罪犯为了破魔咒也会主动自首,这也可以有效提高破案率。
总之,发毒誓虽然是小儿科,也许有些人会认为这是笑话,但对小人坏人总还是会产生一些约束作用的,对健全社会法治也会有一定好处。
对死亡的恐惧是人天生的本能。若没有确凿的证据,让犯罪分子主动承认犯罪,一般很难,除非犯罪分子智商有问题。一般情况是,越是高智商的犯罪分子,越不会主动交代犯罪问题。
法网恢恢,疏而有漏;天网恢恢,疏而不漏。良心世界不会放过任何一个人的错与罪。一个人可以逃脱法律的惩罚,但很难逃脱良心的惩罚。发毒誓的方法可以推广到更广泛的领域。
从长远看,为了弥补法律约束的不足,社会客观需要加强敬畏意识的培育,尤其对年轻一代,更需要加强敬畏意识的培育。敬畏意识是法律有效的内在保障。无知者无畏。若没有敬畏,勇气加无知再加高智商,就是无法无天的恶魔。
在缺乏敬畏意识的社会里,厚厚的法律是强者的讲稿,是弱者背负的大山,法律条文越多,弱者越吃亏。同时,在缺乏敬畏意识的社会里,法治也必然是高成本的。好,谢谢,谢谢。
Song Guiwu's opinion159For some cases that can not be detected, it is also possible to consider letting the suspects take oaths in front of the public.
Some cases are difficult to solve by procedures, because criminals will also use procedures, but cases do not rely on procedures, there will be problems, which is the problem that procedural justice needs to solve.In short, to solve cases, it is not good to wrong the good people, nor is it good to let the bad guys go.Some cases in history seem to have sufficient evidence, but there are still many wrongful cases in the end.Therefore, sometimes it is better to let the bad guys go than to wrong the good people, which is also an optimal choice.Because if the good people are wronged again, the good people will be hurt twice, or at least two good people will be hurt.And let go of a bad man, although the evil is not punished, but at least the good people will not be hurt again. As for some difficult cases, if they can not be detected, it is also possible to consider letting the suspects take oaths in front of the public.In the case of legal sanctions, relying on the fear consciousness in the conscience has a certain effect.After all, most people have some fear consciousness.The suspects have taken oaths, if they do not commit crimes, they will feel at ease, if they do commit crimes, they will have some psychological fear for a lifetime, which is also a disguised punishment. In addition, with the oath, some criminals will take the initiative to surrender in order to break the spell, which can also effectively improve the rate of crime solving.In a word, although the oath is a child's play, maybe some people will think it is a joke, but it will always have some binding effect on the villains and bad guys, and it will also have certain benefits to the sound social rule of law.Fear of death is a natural instinct of human beings.If there is no conclusive evidence, it is generally difficult to make criminals admit their crimes, unless the criminals have IQ problems.In general, the more high IQ criminals, the more they will not take the initiative to confess their crimes.The law is slow, but there are leaks;The justice system is slow, but never slack.The world of conscience will not let go of any one's fault and sin.A person can escape the punishment of the law, but it is difficult to escape the punishment of conscience.The method of making oaths can be promoted to a wider range of areas.In the long run, in order to make up for the lack of legal constraints, the society objectively needs to strengthen the cultivation of the sense of awe, especially for the younger generation.The sense of awe is the effective internal guarantee of the law.The ignorant are fearless.If there is no awe, courage plus ignorance plus high IQ, is the lawless devil. In a society without reverence, thick laws are the speeches of the strong and the mountains on the shoulders of the weak. The more laws there are, the more the weak suffer. At the same time, in a society without reverence, the rule of law is necessarily very costly. Okay, thank you, thank you.