Love series of Radio of UIR （Legal institution）

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Mingjing and Diandian programs

以上关于爱的话题我们就先简单的说到这里

We will just briefly touch on the topic of love here for now.

下面让我们一起走进今天的发言世界

Let us step into today's world of speeches together.

下面我们进入今天的第一个板块

Next, we will enter the first segment of today.

也就是我们的案例分析环节

That is our case analysis section.

第一个案例

The first case

大学强制学生签协议

The university forces students to sign agreements.

学生自杀 学校无责

Student suicide, school not at fault.

近日山东建筑大学与学生签订了

Recently, Shandong Jianzhu University signed a contract with students.

山东建筑大学教育管理与学生自律协议书

Shandong Jianzhu University Education Management and Student Self-Discipline Agreement

协议约定

Agreement provisions

学生出现自杀 自伤等情况时

When students exhibit suicidal or self-harming behaviors.

学校与履行了相应职责

The school has fulfilled its corresponding responsibilities.

行为并无不当的不承担法律责任

No legal responsibility will be borne for actions that are not inappropriate.

学校的这一协议很快给学生发上网络

The school's agreement was quickly published online for students.

被取名为

Named as

学生死活与学校无关

The student's life or death has nothing to do with the school.

山东建筑大学强制学生签协议书

Shandong Jianzhu University forces students to sign an agreement.

如有身亡 纯属巧合

If there is a death, it is purely a coincidence.

某大学强制学生签订生死状

A certain university forces students to sign a death agreement.

从山东建筑大学教育管理与学生自律协议书

Agreement on Educational Management and Student Self-Discipline from Shandong Jianzhu University

看出

See through

协议由山东建筑大学学生工作处甲方

The agreement is between the Student Affairs Office of Shandong Jianzhu University, Party A.

代表学校与学生 也就是乙方签订

Sign on behalf of the school and the students, namely Party B.

引起热议的是协议书第十条和第十一条的规定

The provisions of Article 10 and Article 11 of the agreement have sparked heated discussions.

第十条规定

Article 10 stipulates

因下列情形之一造成的学生伤害事故

Accidents causing student injuries resulting from one of the following situations.

学校已履行了相应责任

The school has fulfilled its corresponding responsibilities.

行为并无不当的不承担法律责任

No legal responsibility will be incurred for actions that are not inappropriate.

其中包括地震 雷击 台风 洪水等

This includes earthquakes, lightning strikes, typhoons, floods, etc.

不可抗拒的自然影响造成的

Caused by irresistible natural influences.

及学生自杀 自杀 自杀 自杀 自杀 自杀 自杀 自杀 自杀 自杀

And students commit suicide, suicide, suicide, suicide, suicide, suicide, suicide, suicide, suicide, suicide.

自杀 自杀 自杀 的六项内容

Six aspects of suicide.

第十一条规定

Article 11 stipulates

下列情形发生的造成学生人身损害后悔的事故

Accidents that cause regret for students' personal injury under the following circumstances

学校行为并无不当的不承担事故责任

The school is not liable for the accident as there was no misconduct.

事故责任应当按有关法律法规

The responsibility for the accident should be determined according to relevant laws and regulations.

或者其他有关文件认定

Or other related document identification.

其中包括在学生自行上学 放学

This includes students commuting to and from school by themselves.

返校 离校途中发生的等四项内容

Returning to school and four other matters that occurred on the way to school.

具一名大三学长说

A junior brother said.

11月11日

November 11th

学院相关负责人召集学生开会

The college's relevant responsible person convened a meeting with the students.

说有份协议书让大家签一下

It is said that there is an agreement for everyone to sign.

回到宿舍

Return to the dormitory.

学生们都领到了山东建筑大学教育管理与学生自律协议书

Students have all received the education management and student self-discipline agreement from Shandong Jianzhu University.

这份协议一是两份

This agreement consists of two copies.

签字后学校学生各保留一份

After signing, each student at the school retains a copy.

两万多学生差不多都签了协议

More than 20,000 students have almost all signed the agreement.

不过也有不少学生对此表示担忧

However, many students have expressed concerns about this.

学校让我们签字

The school wants us to sign.

但事先并未征求我们的意见

But our opinions were not sought in advance.

工程管理学院的一位学生说

A student from the School of Engineering Management said.

拿到协议书后

After receiving the agreement.

有些同学不愿意签名

Some students are unwilling to sign.

又担心老师怪罪

Worried that the teacher will blame me again.

他们便互相在协议书上再签名字

They then signed each other's names on the agreement.

这样做一来能蒙混过关

This way, one can pass unnoticed.

二来以后如果出事

If something goes wrong after coming here.

学校拿出协议

The school presented the agreement.

上面的名字不是自己签的

The name above is not signed by myself.

协议根本不成立

The agreement is fundamentally invalid.

那么山东建筑大学为何让学生签订这份协议呢

Then why does Shandong Jianzhu University require students to sign this agreement?

学生工作处李先生说

Mr. Li from the Student Affairs Office said.

学校确实与学生签订了相关协议

The school has indeed signed relevant agreements with the students.

但协议并没有签字

But the agreement was not signed.

并非强制签订

Not mandatory to sign.

引起部分学生恶意的调管

Causing malicious manipulation among some students.

是从学生伤害事故处理办法中原文猜录

It is an excerpt guessed from the original text of the measures for handling student injury incidents.

学校是希望通过这种方式

The school hopes to achieve this through such a method.

让学生重视安全问题

Let students pay attention to safety issues.

至于学生是否签订协议

As for whether the students sign the agreement.

并没有太多实际意义

It doesn't have much practical significance.

而有的学生担心

Some students are worried.

学校是有选择性的超入法律法规

Schools selectively exceed legal regulations.

利于学校的写在协议上

Favorable to the school is written in the agreement.

不利于学校的却没有提

However, it did not mention anything that would be detrimental to the school.

是不是在随地责任呢

Isn't it about taking responsibility wherever we are?

其实从协议书本身约定的内容来说

In fact, from the content stipulated in the agreement itself.

并没有违反法律法规之处

There is no violation of laws and regulations.

不过学生伤害事故处理办法中

However, in the handling measures for student injury incidents

12条法学校应该承担责任的情形

12 situations in which law schools should be held accountable.

在协议书中却只字未提

The agreement does not mention it at all.

签字即表示认可

Signing indicates approval.

认同相关法律条款

Agree to the relevant legal clauses.

即便不签字

Even if you don't sign.

诉讼时也要按照现行法律法规执行

Legal proceedings should also be conducted in accordance with current laws and regulations.

签不签没有太多实际意义

Signing doesn't have much practical significance.

签订协议应遵守平等资源原则

The signing of the agreement should adhere to the principle of equal resources.

任何一方都没有权利强制要求另方签字

Neither party has the right to forcibly require the other party to sign.

那好

Alright.

这次案例我们就带大家回顾到这里

In this case, we will conclude our review here.

刘伟你觉得大学强制学生签订这样的协议

Liu Wei, do you think it's appropriate for universities to force students to sign such agreements?

这种大学的这种做法合理吗

Is this approach of the university reasonable?

我觉得是不合理的

I think it is unreasonable.

虽然他那个协议的本身并没有违反法律法规定

Although the agreement itself does not violate any laws or regulations.

但是他学校强制学生签订这种协议

But his school forces students to sign such agreements.

已经违反了这种签订协议

Has already violated this signed agreement.

应遵守的平等资源的原则

The principle of equal resource allocation that should be followed.

就是我在想为什么学校会要求学生签这种协议呢

I am just wondering why the school requires students to sign such an agreement.

可能是因为这两年来

It might be because of the past two years.

校园那个自杀这样这种事情发生的实在是太多了

There have been too many incidents of suicide happening on campus.

学校如果说每天都有人自杀的话

If the school says that there are people committing suicide every day.

那么学校要求的责任可能是无比巨大的

The responsibilities required by the school may be incredibly huge.

所以说学校为了摆脱这种困境

So the school is trying to break free from this predicament.

所以说才跟学生签订这种协议书

That's why we sign this kind of agreement with students.

那么可能是因为学生的不自爱

Then it may be due to the student's lack of self-love.

导致了这种现象

Led to this phenomenon.

是啊 我们说啊

Yeah, we said it.

这个自爱确实是一个十分严肃的问题

This self-love is indeed a very serious issue.

你说如果说你自己都不爱自己的话

You said that if you don't love yourself...

你又怎么去指望别人能够对你好去爱你呢

How can you expect others to treat you well and love you?

所以说我们可以把自爱理解成为

So we can understand self-love as

是赢得别人的爱和尊重的一种前提和根本吧

It is a prerequisite and fundamental for winning the love and respect of others.

江川 你对于这个学校强制学生签协议

Jiang Chuan, what do you think about this school forcing students to sign agreements?

这样的一个问题是什么呢

What is such a question?

你对于这个学校强制学生签订协议的一个现象有什么看法呢

What are your thoughts on the phenomenon of this school requiring students to sign agreements?

我的想法是

My thought is

大学这所大学之所以强制学生签订协议

The reason this university requires students to sign agreements is...

就是想通过这种方式来摆脱那个因为大学生自杀

I just want to use this method to escape the situation caused by the suicide of a university student.

而造成大学的承担

And create a burden for universities.

太多责任

Too many responsibilities.

导致那个不堪重负的局面

Caused that overwhelming situation.

但我觉得这样的方法是不合理的

But I think this method is unreasonable.

也是没有效果的

It is also ineffective.

我觉得比较好的方法是

I think a better method is to

校方给予学生更多的关爱

The school gives students more care.

这样的话就能从根源上来避免大学生

This way, we can fundamentally avoid university students.

因为心理负担压力等等导致自杀的现象

The phenomenon of suicide caused by psychological burdens, stress, and so on.

成然向山东建筑大学和学生签订

Chengran signed with Shandong Jianzhu University and the students.

向山东建筑大学与学生签订

Sign a contract with Shandong Jianzhu University and the students.

大学教育管理与学生自律协议书

University Education Management and Student Self-Discipline Agreement

这样的强制性协议

Such a mandatory agreement

肯定是一种不合理的协议

It is definitely an unreasonable agreement.

但是我们也向比较深远的层次

But we also look towards a deeper level.

分析了一下它的原因

I analyzed the reasons behind it.

就是可能学生不自爱

It's just that students may not love themselves.

学生的校园惨案发生的过多

There have been too many campus tragedies involving students.

才导致了大学比较无奈的

It has led to the relatively helpless situation in universities.

这样一种强制性的做法

This kind of coercive approach.

那么提到爱这个话题

So when it comes to the topic of love.

可能我们更多想到的

What we might think about more.

就是所谓爱情

This is what is called love.

又有一句话这样说了

There is another saying that goes like this.

婚姻是爱情的坟墓

Marriage is the grave of love.

下面让我们来看一个

Now let's take a look at one.

叫做法庭上的离婚女的案例

The case of the divorce woman in court.

来看一看作为弱者

Come and take a look at being a弱者.

妻子们是怎样打响婚姻保卫战的

How do wives launch the defense of their marriages?

2010年5月底

The end of May 2010.

沈丽将丈夫齐磊

Shen Li and her husband Qi Lei.

起诉到法院要求离婚

Sue for divorce in court.

沈丽与齐磊结婚已十一年

Shen Li and Qi Lei have been married for eleven years.

他们的女儿也已经九岁了

Their daughter is also nine years old now.

沈丽怎么也想不明白

Shen Li couldn't figure it out no matter how hard she tried.

当初那个

That initial one.

对她甜言蜜语的丈夫哪里去了

Where has her sweet-talking husband gone?

她起诉离婚

She filed for divorce.

是因为怕被她气疯了

It's because I'm afraid of going crazy from her anger.

沈丽说不知道从什么时候开始

Shen Li said she doesn't know when it started.

丈夫渐渐疏远了她

Her husband gradually became distant from her.

当她意识到这点时

When she realized this.

丈夫的心已经离她很远了

Her husband's heart has already drifted far away from her.

她曾努力挽回丈夫的心

She once tried hard to win back her husband's heart.

先和她平静静气地谈

First, talk to her calmly.

后来就哭闹

Later, I cried and made a fuss.

我都为了她自杀过

I have even committed suicide for her.

为了向丈夫证明她还是爱他的

In order to prove to her husband that she still loves him.

更为了让丈夫回心转意

In order to make her husband change his mind.

沈丽把结婚时的金戒指吞了下去

Shen Li swallowed her wedding gold ring.

可是她一点都不心疼

But she doesn't feel heartbroken at all.

按照120医生的指导

According to the guidance of Doctor 120.

她使劲拍我的背

She patted my back hard.

让戒指往下走

Let the ring go down.

当我把戒指抬出来时

When I lifted the ring up.

她竟然冲女儿喊

She actually shouted at her daughter.

猜看你妈拉金子了

Guess your mom dug up some gold.

齐磊的这句话

Qi Lei's statement.

重重地伤了沈丽的心

Deeply hurt Shen Li's heart.

她明白这段感情已经无法挽回

She understands that this relationship is already beyond saving.

沈丽提出了这句话

Shen Li proposed this sentence.

他公开

He is public.

他公开了

He went public.

他说如果不是亲眼看见

He said that if he hadn't seen it with his own eyes.

你真的难以想象

You really can't imagine.

当时他有多激动

How excited was he at that time?

那么下面就让我们来看一下

Now let's take a look at the following.

沈丽是怎样的行动

What kind of actions does Shen Li take?

庭审刚进展到举证这种阶段

The trial has just progressed to the stage of presenting evidence.

沈丽就控制不住自己的情绪了

Shen Li couldn't control her emotions anymore.

齐磊说他们现在住的房子

Qi Lei said the house they are living in now.

是他借母亲和姐妹的钱买的

He borrowed money from his mother and sisters to buy it.

沈丽一听就急了说

As soon as Shen Li heard this, she became anxious and said.

你胡说八道啊

You are talking nonsense.

根本就没借过钱

I have never borrowed money at all.

我问齐磊你有借条吗

I asked Qi Lei if he has a promissory note.

他说有

He said there is.

我又说法院认可的借条

I mentioned the IOU recognized by the court again.

是夫妻共同签字的

It is jointly signed by the couple.

或者单方签字

Or unilateral signing.

另一方认可的

Recognized by the other party.

这种欠条你有吗

Do you have this type of IOU?

他说这种欠条我没有

He said he doesn't have this kind of IOU.

之后齐磊又提出

After that, Qi Lei proposed again.

亲属之间打欠条伤感情

Issuing IOUs among relatives hurts feelings.

我更不可能让沈丽

I am even less likely to let Shen Li.

和我一起写欠条

Write an IOU with me.

沈丽一听

When Shen Li heard this

终于气得破口大骂

Finally, I was so angry that I started to curse.

而第二次开庭的情况

The situation of the second court hearing.

让吴宗华法官至今仍心有一记

Judge Wu Zonghua still has a lingering impression to this day.

第二次开庭时

At the second hearing

听见我在听齐磊陈述

I heard Qi Lei's statement.

沈丽又急了

Shen Li became anxious again.

她突然站起来

She suddenly stood up.

指着我说

Pointing at me and saying

你是什么法官

What kind of judge are you?

竟然听他胡说八道

Actually listening to him talk nonsense.

他一直在说谎

He has been lying all along.

你听他的

Listen to him.

一排期就排得这么晚

The schedule is booked so late.

他根本就没有出差

He didn't go on a business trip at all.

我说法官是中立的

I said the judge is neutral.

刚听了你的陈述

I just listened to your statement.

现在也要听他的陈述

Now we also need to listen to his statement.

至于排期

As for the schedule

上次开庭

Last court session.

他提出出差一个月时

He suggested a business trip for a month.

你当时要是反对

If you had opposed it at that time.

我们会协商提前开庭的

We will negotiate to hold the hearing earlier.

吴宗华的解释

Wu Zonghua's explanation.

似乎让沈丽平静了很多

It seems to have calmed Shen Li a lot.

可是当时齐磊再次说到

But at that time, Qi Lei mentioned again.

他借母亲和姐姐的钱时

When he borrowed money from his mother and sister.

沈丽又爆发了

Shen Li has erupted again.

他突然站起来

He suddenly stood up.

跑到被告起上

Run to the defendant's position.

用手抓齐磊

Use your hand to grab Qi Lei.

把齐磊的脸都抓破了

Scratched Qi Lei's face all up.

而齐磊不但不得审

However, Qi Lei not only cannot be examined.

反而带着不屑的笑容

On the contrary, with a disdainful smile.

震平沈丽苦恼

Zhenping Shenli is troubled.

他越是那样笑

The more he laughs like that.

沈丽就越生气

Shen Li became increasingly angry.

最终把警出面

Finally, the police intervened.

制止了沈丽

Stopped Shen Li.

做回原告起的沈丽

Shen Li, who is back to being the plaintiff.

一直怒视着齐磊

Staring angrily at Qi Lei.

不时大骂两句

Occasionally curse a few words.

他甚至都不听我说话

He doesn't even listen to me.

只要重复问两三次

Just ask two or three times repeatedly.

他才能听清我的问题

He can only hear my question clearly.

吴宗华说

Wu Zonghua said.

齐磊继续用无所谓

Qi Lei continued to be indifferent.

不在乎的语气

Indifferent tone

陈述事实

State the facts.

我突然觉得

I suddenly feel.

沈丽的脸色不对劲

Shen Li's complexion is off.

我还没反应过来

I haven't reacted yet.

他突然冲到窗户边

He suddenly rushed to the window.

拉开目的窗

Open the purpose window.

然后跳了我

Then jumped over me.

送走沈丽后

After sending off Shen Li.

我和接手这个案件的法官

The judge who took over this case and I.

说了沈丽的情况

Talked about Shen Li's situation.

让他一定注意

Make sure he pays attention.

他的情绪问题

His emotional issues.

第二天下午

The afternoon of the second day.

吴宗华接到了沈丽的电话

Wu Zonghua received a call from Shen Li.

他在电话里

He is on the phone.

一再道歉

Repeatedly apologizing.

他说

He said.

他当时

At that time.

真的是被齐磊欺骗了

I was truly deceived by Qi Lei.

最后他问我

In the end, he asked me.

吴法官

Judge Wu

他一直说借了家里人的钱

He has been saying that he borrowed money from his family.

我该怎么办呀

What should I do?

我一听就明白了

I understood as soon as I heard it.

我在法庭上再三

I reiterated in court.

向他说明了法庭

Explained the court to him.

认定借款条件

Determining loan conditions

他根本就没有听见

He didn't hear it at all.

吴宗华估计沈丽

Wu Zonghua estimates Shen Li.

对自己的偏见

Against one's own biases.

是一条皮带

It is a belt.

第一次开庭时

At the first hearing.

他为了证明齐磊

He is trying to prove Qi Lei.

对他实施家庭暴力

To perpetrate domestic violence against him.

拿了一根皮带

Took a belt.

说这就是齐磊绑上他

It is said that this is when Qi Lei tied him up.

按在床上打开的那根皮带

The belt that is opened on the bed.

但从那条皮带上

But from that belt

我什么也看不出来

I can't see anything.

虽然吴宗华和沈丽

Although Wu Zonghua and Shen Li

说明了证据要有证明力

It explains that evidence must be persuasive.

但是沈丽还是认为

But Shen Li still believes that

吴宗华偏向齐磊

Wu Zonghua is inclined towards Qi Lei.

与沈丽一样做无用功的

Like Shen Li, doing useless work.

还有黄子燕

There is also Huang Ziyan.

他为了说明

He in order to explain

丈夫沉溺网络游戏

Husband is addicted to online games.

而忽视她

And ignore her.

就拍了自己家的电脑

Just took a picture of my family's computer.

作为证据

As evidence

为了说明

In order to explain.

丈夫不让她吃饭

Her husband won't let her eat.

就拍了很多食物的照片

I took a lot of photos of food.

作为证据

As evidence.

开始了

It has begun.

在庭下间

In the space between the court.

他抱了一大摞照片

He抱了一大摞照片.

放到审判席上

Put it on the judgment seat.

既散了又没有证明力

It has been scattered and has no evidential power.

吴宗华说

Wu Zonghua said.

遇到这样的当事人

Encountering such parties involved.

确实让法官很头疼

It really gives the judge a headache.

如果他请法律专业人士

If he hires a legal professional.

直练一下

Practice directly for a while.

或者代理

Or agent.

也不至于盲目提供

Nor is it to provide blindly.

一堆无用的证据

A pile of useless evidence.

在这个案例当中

In this case.

很可笑的一点

A very funny point.

就是说

That is to say.

有一个叫做黄子燕的当事人

There is a person named Huang Ziyan.

他为了说明

He explained in order to illustrate.

丈夫不让她吃饭

The husband won't let her eat.

就拍了许多食物的照片

Took a lot of photos of food.

作为证据

As evidence.

那我们在现实生活中

Then we in real life

也知道这些照片

I also know these photos.

根本是不可能作为证据的

It is fundamentally impossible to be used as evidence.

它是完全没有效力的

It is completely ineffective.

那这一点

Well, this point...

应该引起我们的一些反思

It should provoke some reflection from us.

就比如说

For example

我们这个结婚后的女性

The women after our marriage.

一定要居然思维

You must think outside the box.

在看似平静的婚姻生活中

In the seemingly calm marital life.

要保持适度的清醒和理性

To maintain a moderate level of clarity and rationality.

我们一定要暗中掌握

We must keep things under control secretly.

男方的收入状况

The man's income situation.

如下复印证件等等

The following photocopied documents, etc.

作为起码的证据

As minimal evidence.

这样的话

In that case.

就算是发生离婚诉讼

Even if a divorce lawsuit occurs.

我们也便于举证

We can also provide evidence easily.

我觉得这件事吧

I think about this matter.

男方做得非常非常过分

The man went way too far.

他就是

He is.

属于那种

Belongs to that kind.

我觉得是属于那种典型的

I think it belongs to the typical kind.

没有基本责任感的人

People without a sense of basic responsibility.

他就很没有责任心

He is very irresponsible.

既然都已经是

Since it is already the case.

对了那么

By the way, then.

就不仅是在感情上

It's not just in terms of emotions.

也应该在道义

It should also be on moral grounds.

乃至一种义务上

Even a kind of obligation.

都应该是对他妻子

It should all be for his wife.

应该好一点的

It should be better.

但是本案中可以明显看出

However, it is clear in this case that

男方对于他的妻子

The husband towards his wife.

是非常

It is very.

可以说非常冷酷

It can be said to be very cold-hearted.

而且残忍的

And cruel.

我觉得这是造成

I think this is causing.

本案发生的根本原因

The fundamental reason for the occurrence of this case.

所以我在此也奉劝

So I would like to advise here as well.

广大的男同胞们

Dear male compatriots

做人一定要有责任感

One must have a sense of responsibility in life.

同时也建议广大的女性朋友们

At the same time, I also recommend to the many female friends.

谈感情可以

It's okay to talk about feelings.

但是一定要选对的

But you must choose the right one.

就是这样

That's it.

我就是一直在思考一个问题

I have been thinking about a question all along.

既然男方对女方的感情

Since the man's feelings for the woman...

已经没有了

It's already gone.

为什么呢?

Why is that?

为什么当时要结婚呢?

Why get married at that time?

是不是单纬呢?

Is it a single dimension?

其实夫妻结婚呢

In fact, couples get married.

虽然我只是一大女生

Although I am just a big girl.

我没有什么经验

I don't have much experience.

但是就是从我自身

But it's just from myself.

我爸妈那种情况来看吧

Let's look at my parents' situation.

我就想

I just want to.

虽然我爸妈结婚已经有二十年了

Although my parents have been married for twenty years.

但是他们中间

But among them

虽然也发生过一些争执

Although there have been some disputes.

但是没有闹这种地步

But it didn't escalate to that extent.

就是平时发生矛盾的时候

It's just that when conflicts occur regularly.

也要注意勾充嘛

You also need to pay attention to the filling in.

不需要去大吵大闹

No need to make a big fuss.

这样只会是一个矛盾激化

This will only exacerbate the contradiction.

冷静下来以后

After calming down

才有机会去保护自己

Only then do you have the opportunity to protect yourself.

解决问题

Solve the problem.

像我爸妈可能就是当时小妈吵架

My parents might have been arguing with my stepmother at that time.

然后一般都是我爸主动承认错误

Then it's usually my dad who主动 admits his mistakes.

然后不去求我爸妈了

Then I won't go ask my parents anymore.

然后继续回到这个案件上

Then continue to return to this case.

像审理这种情况

Such cases as hearings.

就是控制不住自己情绪的这种情况

It's a situation where I just can't control my emotions.

我觉得是不可取的

I think it is undesirable.

特别是在法庭上

Especially in court.

一定要控制住自己的情绪

You must control your emotions.

无论对方表现的怎样无奈

No matter how helpless the other party appears.

都不能在法庭上哭闹

No one can make a scene in court.

这样啊

I see.

如果他做到这一点的话

If he can do this.

可能会对自己更加有利一些

It may be more beneficial for oneself.

刘伟刚刚说的很有道理啊

Liu Wei just made a very valid point.

像现在我们就出现了一种这个离婚率飙升的状况

Right now, we are facing a situation where the divorce rate is soaring.

这个现象很奇怪啊

This phenomenon is quite strange.

就是我们按理来说

It is just that, in theory, we should...

现在的社会是属于恋爱自由

The current society is one of romantic freedom.

婚姻自由

Freedom of marriage

我们可以说婚姻几乎都是在这个自由恋爱的基础上建立的

We can say that marriage is almost entirely built on the foundation of free love.

按理来说

In theory.

这样的婚姻应该是很性子的

Such a marriage should be very passionate.

但是实际上呢

But in reality.

我们就发现在现实生活当中啊

We found that in real life...

很多年轻的小夫妻

Many young couples.

结婚没有几年

Married for only a few years.

就找不到婚前谈恋爱的时候

You can't find the time when you were dating before marriage.

那种甜甜蜜蜜的状况了

That kind of sweet and lovely situation.

他们需要面对更多的现实问题

They need to confront more real-world issues.

当这些矛盾和冲突进一步激化的时候

When these contradictions and conflicts intensify further.

他们呢

What about them?

就走向了离婚

It has led to divorce.

还有刘伟刚刚提到了一个关于夫妻之间宽容和忍耐的问题

Liu Wei just mentioned a question about tolerance and patience between couples.

因为现在多数都是

Because most of them are now.

独生子女啊

Only child.

所以说

So, that means...

可能

Possible

为别人考虑的相对来讲会少一些啊

There is relatively less consideration for others.

我们也希望这个毕竟现在是在构建和谐社会吗

We also hope that this is, after all, about building a harmonious society now.

也期待着所有的夫妻关系能都能够比较和谐啊

I also hope that all marriages can be relatively harmonious.

同时呢

At the same time,

再次提醒广大的妇女同胞们

Once again, I urge all the women.

如果在第一次发生身体暴力后呢

What if it happens after the first occurrence of physical violence?

一定要马上向父母

Must report to parents immediately.

密友单位领导或者同事倾诉

Confide in a close friend, leader, or colleague.

如果伤势较重

If the injury is more serious.

应该马上报警

You should call the police immediately.

要求出警做现场勘验

Request to dispatch police for on-site investigation.

并要求警察对丈夫进行讯问

And asked the police to interrogate her husband.

能够刑事责任追究

Criminal liability can be pursued.

就要追究刑事责任

It is about to pursue criminal responsibility.

那不够刑事责任追究的呢

That is not enough for criminal liability to be pursued.

可以依据妇女权益保障法

It can be based on the Women's Rights Protection Law.

要求警察对施暴者进行治安处罚

Request the police to impose a public security penalty on the perpetrator.

不报警的话

If you don't report it to the police.

也要拍照去医院验伤

You should also take pictures and go to the hospital to get your injuries checked.

自己拍照的时候

When taking photos by oneself

不要只拍局部

Don't just take close-up shots.

自己拍照的时候

When taking a picture of oneself.

不要只拍局部伤口

Don't just take pictures of the local wounds.

要能看出是谁的伤

It has to be able to tell whose injury it is.

我们还可以请像居委会啊

We can also ask the neighborhood committee for help.

互联啊这种机构来出面调节

The internet is such an organization that steps in to mediate.

总之要动员一切可以动员的力量

In short, we need to mobilize all possible forces.

来保护自身的合法权益

To protect one's legitimate rights and interests.

我在开头已经说过了

I already said it at the beginning.

爱分了很多种有自爱和夫妻的爱

Love can be divided into many kinds, including self-love and the love between spouses.

那么下面呢

So what about below?

就让我们把目光走向社会的爱

Let us turn our attention to the love in society.

我们知道爱之病

We know the sickness of love.

这种可以说是绝症了吧

This can be considered a terminal illness, right?

它的发明率在越来越高

Its invention rate is getting higher and higher.

那么最近呢

So what's new recently?

社会就是引起了一场热烈的讨论

The society has sparked a heated discussion.

到底爱滋病感染者能不能当教师

Can HIV-infected individuals become teachers?

那么下面就来分析一下这样一则案例

Now let's analyze such a case.

11月12日下午30日

November 12th, 30 PM.

安徽省安庆市宁江区人民法院

People's Court of Ningjiang District, Anqing City, Anhui Province

对我国首例爱滋就业歧视案

On the first case of employment discrimination against people with AIDS in our country.

进行一审宣判

Conduct the first instance judgment.

法院驳回了原告爱滋感染者

The court dismissed the plaintiff, an AIDS patient.

小吴的诉讼请求

Xiao Wu's legal request.

那么事情的经过是怎样的呢

So what happened?

今年5月原告小吴报名参加了一审宣判

In May of this year, the plaintiff Xiao Wu registered to attend the first-instance verdict.

来两被告安庆市教育局

The two defendants are the Anqing Education Bureau.

安庆市人力资源和社会保障局组织的

Organized by the Anqing Human Resources and Social Security Bureau.

安庆市职业学校招聘教师考试

Anqing City Vocational School Teacher Recruitment Examination

经过比试面试

After the competition and interview.

小吴入围提检

Xiao Wu was shortlisted for the inspection.

因被检测为爱滋病感染者而未被录用

Not hired due to being tested positive for HIV.

原告小吴认为

Plaintiff Xiao Wu believes that

两被告的行为违反了相关法律中

The behavior of the two defendants violated the relevant laws.

不得歧视爱滋病病毒感染者的规定

Regulations prohibiting discrimination against individuals infected with HIV.

侵犯了原告依法享有的平等就业权

Infringed upon the plaintiff's right to equal employment protected by law.

故诉请确认被告认定原告提检了

The plaintiff requests to confirm that the defendant recognizes the plaintiff's request for inspection.

不合格不予录用的行为违法

The behavior of not hiring those who are unqualified is illegal.

请求得令被告做出录用原告为

Request the defendant to hire the plaintiff as...

安庆市市职学校教师的具体行政行为

Specific administrative actions of teachers at Anqing City Vocational School.

法院经审理认为

The court holds that after hearing the case.

为了预防控制和消除传染病的发生和流行

In order to prevent, control, and eliminate the occurrence and spread of infectious diseases.

保障人体健康和公共卫生安全

Ensure human health and public health safety.

法律法规在保护传染病患者合法权益的同时

While protecting the legitimate rights and interests of patients with infectious diseases, laws and regulations ...

对传染病患者就业岗位也做了限制性规定

Restrictive regulations have also been established for the employment positions of patients with infectious diseases.

本案中

In this case

原告在参加

The plaintiff is participating.

教师招聘的初次体检中被查是艾滋病感染者

During the initial health examination for teacher recruitment, it was found that the person is an HIV infected individual.

不符合教师法对从事教师职业身体条件的要求

Does not meet the physical condition requirements for the teaching profession according to the Teacher Law.

被告根据原告的体检报告做出不予录用决定

The defendant made a decision not to hire based on the plaintiff's medical examination report.

事实依据充分而且程序合法

The factual basis is sufficient and the procedures are legal.

一审宣判后原告明确表示将上诉

After the first-instance verdict, the plaintiff clearly stated that they would appeal.

那么对于这样一个事情我们怎么去分析呢

So how should we analyze such a situation?

我想应该从两个方面去分析

I think it should be analyzed from two aspects.

首先是理性的一个方面

First is the rational aspect.

教师法已经通过了

The Teachers' Law has been approved.

对从事教师职业职业的这种人的身体条件的要求已经明确列出

The physical requirements for individuals pursuing a career in teaching have been clearly outlined.

这个小吴他是艾滋病病毒的感染者

This little Wu is an HIV virus carrier.

已经不符合这样的一个要求

No longer meets such a requirement.

所以说不录用他的决定是事实依据充分的

Therefore, the decision not to hire him is well-founded.

那么但是从感情的这样一个角度上去讲

However, from the perspective of emotions...

这个法律条文列出这样的要求是否是合理的

Is it reasonable for this legal provision to list such requirements?

这样

Like this.

如果是对这样的一些病毒携带者的一种歧视呢

What if it is a discrimination against such virus carriers?

这仍然是一个值得思考的问题

This is still a question worth pondering.

我认为本案虽然合法

I believe that this case is legal.

但是并不合理

But it's not reasonable.

是想

I want to.

如果一位艾滋病感染者在教师的岗位上

If a person infected with AIDS is in a teaching position.

都被法院认为是

All are considered by the court as

有害人体健康和危害公共卫生安全的话

Statements that are harmful to human health and jeopardize public health safety.

那么

Then

这些艾滋病感染者还能从

These HIV-infected individuals can still obtain

是哪些职业

What are the professions?

这是一个问题

This is a question.

我认为

I think.

在法律上

Legally

法律上的现状是

The current legal situation is

我们对艾滋病感染者

We care for HIV-infected individuals.

这类的弱势群体是缺乏

Such vulnerable groups are lacking.

一种道义上的关爱的

A kind of moral care.

虽然法律上现今仍没有保护他们的

Although there is currently no legal protection for them.

一些条文规定

Some provisions stipulate

但是我希望在今后的日子里

But I hope that in the days to come

会有相应的法律法规来

There will be corresponding laws and regulations to address it.

去保护这些弱势群体

To protect these vulnerable groups.

以上的这个案例呢

This case mentioned above

也特别充分的体现出了

Also particularly fully reflected.

在人情和法律上的一个小纠结吧

It's a small entanglement in terms of human feelings and the law.

但是就我个人而言呢

But as for me personally,

我希望能够呼唤到

I hope to be able to call out to.

对于艾滋病人这种社会群体

For the social group of people with AIDS.

更多的关爱和关注

More care and attention.

更多的社会对他们的关心和支持

More social concern and support for them.

而不是一种歧视和不平的待遇吧

Rather than a form of discrimination and unequal treatment.

希望全社会能够以一种更加不爱的眼光

I hope the entire society can view it with a more indifferent perspective.

去审视他们接纳他们

Go examine them and accept them.

11月11日

November 11th

一年一度的光棍节刚刚过去不久

The annual Singles' Day has just passed.

每到光棍节啊

Every Singles' Day, huh?

各种关于光棍的话题就

Various topics about singles.

凭空出世了

Appeared out of thin air.

那像

That looks like...

有一些人呢是表示对光棍的欣欣相惜

Some people express sympathy for the lonely singles.

还有呢想对光棍节彻底说再见

I also want to say a complete goodbye to Singles' Day.

还有对光棍节的奢望和期待

There are still hopes and expectations for Singles' Day.

还有对光棍节的一腔优越

There is also a sense of superiority regarding Singles' Day.

甚至啊还出现了一种奇怪的现象

A strange phenomenon even appeared.

就是有很多单身的女性啊去拍单人婚纱照

Many single women go to take solo wedding photos.

详细情况我们请刘伟来给我们说一下

We will ask Liu Wei to give us more details.

那先来说一下光棍节的事吧

Let's talk about Singles' Day first.

现在的孩子虽然不安事事却在光棍节的寒光足射下普遍早熟

Today's children, although they are unsettled in everything, generally mature early under the cold light of Singles' Day.

早早的开始酝酿何时学习何时升学何时恋爱何时嫁妇

Early on, I began to ponder when to study, when to advance in my studies, when to fall in love, and when to get married.

何时走向婚姻的殿堂

When will you walk into the halls of marriage?

结束这令人恐惧的光棍节里

End this terrifying Singles' Day.

这当然与官方语出惊人分不开

This is certainly inseparable from the shocking statements made by officials.

国家统计局抽象调查显示

The National Bureau of Statistics' abstract survey shows.

目前出生人口男女比例近120比100

The current birth ratio of males to females is approximately 120 to 100.

全世界最高

The highest in the world.

据推算到2020年中国处于婚龄的男性相比女性多出3000万

It is estimated that by 2020, there will be 30 million more men of marriageable age than women in China.

到4000万

Reaching 40 million.

天哪

Oh my God!

现实正在告诫男多女少

Reality is telling us that there are more men than women.

家长不能不为孩子

Parents cannot neglect their children.

早去良缘

An early arrival brings good fortune in relationships.

男孩不能不为女孩情窦初开

Boys can't help but develop feelings for girls who are just starting to fall in love.

这是社会进步了还是退步了呢

Is society progressing or regressing?

年轻人对光棍节举轻扼重

Young people take Singles' Day lightly.

男大当娶女大当嫁

A man should marry when he grows up, and a woman should marry when she comes of age.

虽然还是那句老话

Although it's still the same old saying.

却在年轻人中如同爆炸

But among young people, it's like an explosion.

各有各的情愫追逐

Each has their own feelings chasing after.

学习恋爱两不误已经成了时尚

Learning to balance love and study has become a trend.

进了高中的日子

Days spent in high school.

也就是恋爱成熟的日子

That is the day when love matures.

高中迈向大学的日子

Days Transitioning from High School to University

也就成了不是家庭胜似家庭的日子

It has become a life that is not a family but is even better than a family.

光棍节

Singles' Day

所谓孕育而生

The so-called born from nurturing.

就是结束光棍

It means to end being single.

呼声在阵容发挥

The call is in the performance of the lineup.

难怪大学流行

No wonder universities are popular.

我们是光棍

We are bachelors.

你是平庸的光棍

You are an ordinary bachelor.

我们是光棍

We are singles.

热爱生活的光棍

Singles Who Love Life

如果给我一个机会在这个城市留下印记

If given a chance to leave a mark in this city.

我们选择快闪

We choose flash mob.

中年人对光棍节更胆战心惊

Middle-aged people are more apprehensive about Singles' Day.

一方面为孩子够房款疲于奔命

On one hand, working tirelessly to afford a down payment for the child.

一方面为结婚前心血耗尽

On one hand, it is exhausting to pour one's heart and soul before marriage.

天价房价几乎把人性压垮

Sky-high housing prices have almost crushed human nature.

女青年非房不恋

Young women love not without a home.

一套天价的房子

An extremely overpriced house.

足以把男孩一家打爬

Enough to knock the boy's family down.

光棍节成了名副其实的光棍节

Singles' Day has truly become a day for singles.

打结结

Tying knots.

成了社会流泪的红蜡烛

Became the red candle weeping for society.

这不该让人深刻反思吗

Shouldn't this make people reflect deeply?

不过

However

天价房价将改变今后光棍的危机

Sky-high housing prices will change the crisis for singles in the future.

男孩的结婚成本成为整个家庭的硬杀伤

The marriage cost of the boy has become a significant burden for the entire family.

女孩的百家相求成为全家高傲的本钱

The girl's numerous suitors have become the pride of the whole family.

过去生男孩全家欢乐沸腾

In the past, having a baby boy brought joy and excitement to the whole family.

现在生男孩

Having a boy now.

全家

Whole family

忍辱失重

Enduring humiliation and losing weight.

过去男孩是养老本田

In the past, boys were the pension for Honda.

今天女孩是招商银行

Today the girl is China Merchants Bank.

光棍节应该充满阳光

Singles' Day should be filled with sunshine.

可是今天的光棍节

But today is Singles' Day.

几乎充满了对社会居于畸形化的诉说

It is almost filled with a narrative about the distortions in society.

应该引起高度的重视

It should be taken very seriously.

光棍节也是社会的反光剑

Singles' Day is also a mirror reflecting society.

执政为民的轻重缓急

The priorities of governing for the people.

是非对错

Right and wrong.

民情民生等

Public sentiment and people's livelihoods, etc.

都被光棍节明晃晃的罩着

All overshadowed by the bright glare of Singles' Day.

提示着

Prompting

说完了光棍节啊

Speaking of Singles' Day...

下面再排一堂

Let's schedule another class.

明镜需要您的支持 欢迎订阅明镜

Mingjing needs your support. Welcome to subscribe to Mingjing.

请不吝点赞订阅订阅

Please don't hesitate to like and subscribe.

明镜需要您的支持 欢迎订阅明镜

Mingjing needs your support. Welcome to subscribe to Mingjing.

这项由孙英桥主持的研究表明

This research led by Sun Yingqiao indicates that

男孩身心发育显著迟缓于女孩

Boys have significantly delayed physical and mental development compared to girls.

并具有容易冲动而控制力较低的特点

It is characterized by impulsiveness and lower self-control.

所以千万不要让男孩在六岁前入学

So do not let boys start school before the age of six.

男孩危机主要体现在学业、心理、体制等方面

The crisis boys face mainly manifests in areas such as education, psychology, and systems.

从幼儿园、小学、中学直到大学

From kindergarten, elementary school, middle school to university.

各个年龄段的男孩都面临危机

Boys of all age groups are facing a crisis.

以学业为例

For example, in terms of academics.

2006年到2008年连续两个年度

Consecutively for two years from 2006 to 2008.

在全国约5万名国家奖学金获奖者中

Among approximately 50,000 national scholarship recipients across the country.

大学女生人数均为男生的两倍左右

The number of female students in the university is about twice that of male students.

再看心理危机

Looking at psychological crises again.

男性青少年网民上网成员比例为13.29%

The proportion of male teenage netizens is 13.29%.

女性为6.11%

Women account for 6.11%.

在网女青少年中

Among online female adolescents

男性比例达了68.64%

The male ratio reached 68.64%.

远远高于女性的31.4%

Far higher than the 31.4% of women.

男孩危机并非中国独有

The crisis of boys is not unique to China.

更已成为国际性现象

Has become an international phenomenon.

在英国

In the UK

女生几乎在所有考试科目上都比男生表现优异

Girls generally perform better than boys in almost all subjects in exams.

在美国

In America.

男生比女生更早辍学

Boys drop out of school earlier than girls.

脱离正式的教育制度

Breaking away from the formal education system.

从生理学的角度来看

From a physiological perspective

从上学开始的那一天起

Since the day I started school.

男孩在读写能力发育上就比女孩玩许多

Boys have much more development in reading and writing skills than girls.

然而人们往往要求男孩和女孩

However, people often expect boys and girls.

在相同时间的时间中

At the same time.

以同样的方法学习同样的知识

Learn the same knowledge in the same way.

男孩甚至连手指、神经都比女孩发育得晚

Boys even develop their fingers and nerves later than girls.

因此让男孩握住铅笔并写出漂亮的汉字更加困难

Therefore, it is more difficult for the boy to hold the pencil and write beautiful Chinese characters.

这些发育上的差异往往使男孩被视作愚笨或迟钝

These developmental differences often lead to boys being perceived as foolish or sluggish.

这可能使他们从一年级起开始就讨厌学校

This may cause them to hate school starting from first grade.

研究表明

Research shows

在整个小学阶段

Throughout the entire elementary school phase.

男孩的生理发展和心理发展总体更落后于女孩

Boys' physiological and psychological development is generally lagging behind that of girls.

当望死成龙的父母们把宝贝送进学校

When parents who hope their children will become dragons send their precious ones to school.

他们往往会得到一个难以相信的结果

They often get an unbelievable result.

儿子怎么什么都不如别人

Why is my son not as good as others at anything?

居然还成了论体儿童

It unexpectedly became a discussion topic for children.

在小学里

In elementary school.

绝对是女孩的天下

It's definitely a girl’s world.

他们聪明乖巧

They are smart and well-behaved.

处事伶俐

Able to handle affairs with finesse.

成绩优异

Excellent performance.

深受老师喜爱

Well-loved by teachers.

所以班队干部几乎是清一色的娘子亲

Therefore, the class leaders are almost all closely related to the girls.

即使与男生发生冲突

Even if there is a conflict with boys.

发育领先的女孩也能把男孩打得落花流水

Well-developed girls can also defeat boys decisively.

正是基于对男孩发育出于女孩的发现

It is precisely based on the discovery that boys develop from girls.

有些国家如澳大利亚已经在尝试让男孩晚一年上学

Some countries, such as Australia, have already been trying to delay the start of school for boys by a year.

甚至认为这是给男孩的最好礼物

They even believe this is the best gift for boys.

以上呢就是我们今天的法治趣闻

That's all for today's interesting legal anecdotes.

下面让我们来听一段音乐

Now let's listen to a piece of music.

放松一下

Relax a bit.

音乐过后马上回来

I'll be back right after the music.

音乐

Music

一朵云浪在多少思念的寄托

A cloud wave carries how many longings and yearnings.

在忽然想我

Suddenly thinking of me.

一朵云浪在多少思念的寄托

A cloud wave carries how much longing.

当我们擦身而过

When we brush past each other.

那短短一秒钟

That short brief moment.

都明白

All understood.

什么都变了

Everything has changed.

一转身谁

Who turns around?

能把感慨抛在脑后

Can put feelings of emotion aside.

再试过清晨以后

Try again after the morning.

这段

This section

就算曾经

Even if it was once.

刻骨牵铭心过

Carved in bone and etched in heart.

过去了

It's gone.

又改变什么

What else has changed?

地球它有

The Earth has.

共转

Shared rotation

几周了

A few weeks.

我不难过了

I am no longer sad.

甚至珍惜

Even cherish.

希望你能幸福

I hope you can be happy.

当我了解你

When I get to know you.

只活在

Only living in

记忆里头

In the memory.

我不恨你了

I don't hate you anymore.

甚至原谅你

Even forgive you.

你曾有理由

You once had a reason.

当我了解不爱了你

When I realize that I no longer love you.

为你度世附和

To accompany you in shaping the world.

一转身

A turn of the body.

谁能把感慨抛在脑后

Who can throw their emotions aside?

再试过清晨以后

Try again after the morning.

这段情就算曾经

This affair, even if it was once.

刻骨牵铭心过

An unforgettable experience etched in my heart.

过去了

It has passed.

又改变什么

What else has changed?

用情爱恋

With love and affection.

就能

can

过上了

lived on

,我不难过了

I'm not sad anymore.

甚至珍惜

Even cherish.

希望你能幸福

I hope you can be happy.

当我了解你

When I understand you.

只活在

Only live in

记忆里头

In memory

我不恨你了

I no longer hate you.

甚至感谢

Even gratitude.

这样不期而遇

Such an unexpected encounter.

当我从你眼中发现

When I discovered from your eyes

你是陌生人了

You have become a stranger.

我也是陌生人了

I am a stranger too.

音乐过后欢迎回来

Welcome back after the music.

下面进入我们今天的

Now let's move on to our today's...

第三个环节

The third stage.

也就是日升原地

That is, the sun rises in the same place.

在今天呢

Today

我们为大家介绍一下

Let us introduce to everyone.

青青德乡手艺原则

The principles of Qingqing Dexiang craftsmanship.

在当前依法治国中存在的意义。

The significance of the current rule of law in the country.

那么从社会和个人利益博弈的角度来为大家进行分析。

Then I will analyze it for everyone from the perspective of the game between social and individual interests.

清清德乡守逆原则是中国古代法中一个很重要的刑事法律原则,

The principle of defending against rebellion in Qingqing De Township is an important criminal law principle in ancient Chinese law.

对当时社会的稳定和发展起到了不可替代的重要作用。

It played an irreplaceable important role in the stability and development of society at that time.

当前西方法治比较健全的国家法律中也同样存在着该原则的身影,

In countries with relatively sound legal systems in the West, the presence of this principle can also be found in their laws.

那么对于正处在依法治国关键阶段的我们,

So for us who are in a crucial stage of governing the country according to the law,

又该如何科学地对待清清德乡守逆原则呢?

How should we scientifically approach the principle of defending the Qingqing De's hometown?

这是一个非常引人注目的,具有理论和实践意义的论题。

This is a very intriguing topic with theoretical and practical significance.

清清德乡守逆原则在法律中存废的关键,

The key to the existence or abolition of the principle of "clear virtue" in law lies in the philosophy of loyalty.

应该是在立法上对于各种利益相衡量所做出的科学选择。

It should be a scientific choice made in legislation to balance various interests.

下面就请江川为我们系统的介绍一下。

Next, let's have Jiang Chuan give us a systematic introduction.

首先让我们来看一下,

First, let's take a look at,

清清德乡守逆原则的原则概述。

Overview of the principles of the Qingqing De Village's principles for guarding against reversals.

中国刑法中,清清德乡守逆原则的历史沿逻及立法现状。

The historical development and legislative status of the principle of maintaining order in clear moral standards in Chinese criminal law.

清清德乡守逆原则是礼法结合的产物,

The principle of maintaining order in Qingqing De Township is a product of the combination of etiquette and law.

其产生和发展都是与礼法的结合同步的。

Its emergence and development are synchronized with the integration of ritual and law.

清清德乡守逆原则源于先秦儒家关于孝的伦理观念,

The principle of upholding the integrity of the family originates from the ethical concepts of filial piety in pre-Qin Confucianism.

孔子道,

Confucius said,

父为子隐,子为父隐,

The father conceals for the son, the son conceals for the father.

直至其终,

Until the end,

就是对该原则的最好体现。

It is the best embodiment of this principle.

由于这一原则顺应了人的亲缘本性,

Because this principle aligns with the inherent nature of human kinship,

有利于国家的长治久安,

Conducive to the long-term stability and tranquility of the country.

因而得到了统治者的青睐。

Thus, it gained the favor of the rulers.

但在当时儒家思想还未成为治国的主导思想,

But at that time, Confucianism had not yet become the dominant ideology for governing the country.

因此,

Therefore,

清清德乡守逆原则也就只停留在了道德层面上,

The principle of maintaining moral integrity in Qingqing's hometown remains only at the moral level.

而未上升为立法。

But has not yet risen to legislation.

汉朱统治者吸取了秦朝灭亡的教训,

The Han and Zhou rulers learned from the lessons of the fall of the Qin Dynasty.

开始注重了孝制,

Began to emphasize the system of filial piety.

儒家思想日益受到当政者的重视,

Confucian thought is increasingly being valued by those in power.

直至汉武帝时罢黜百家独尊儒术。

Until the time of Emperor Wu of Han, various schools of thought were eliminated, and Confucianism was given sole respect.

在这种孝制的氛围中,

In this atmosphere of filial piety,

清清德乡守逆原则开始在司法实践中建立起来,

The principles of respecting the clear virtues of the local community have begun to be established in judicial practice.

并最终于汉宣帝缔结四年上升为立法。

And eventually, it was elevated to legislation on the fourth year of Emperor Xuan of Han.

诏曰,

The edict says,

自今,

From now on,

子守逆父母,

A child disobeys their parents.

妻逆父,

Wife disobeys husband.

孙逆大父母,

Sun's grandparents.

皆无作,

Everyone is doing nothing.

其父母逆子,

His parents are unruly.

孙逆大父母,

Sun's grandparents.

孙逆妻,

Sun's rebellious wife,

大父母逆孙,

Great-grandparents go against their grandchildren.

罪主殊死,

The罪主 will suffer a capital punishment.

皆上请停为已文。

Everyone, please stop for the sake of the document.

此时,

At this moment,

亲属范围限制在三代以内。

The scope of relatives is limited to within three generations.

礼法的完美结合完成于唐朝,

The perfect combination of ritual and law was achieved during the Tang Dynasty.

清清德乡守逆原则同样是在唐朝得到了全面发展,

The principle of guarding against rebellion in Qingqing De Township was also comprehensively developed during the Tang Dynasty.

这时的国家法律不仅扩大了法治范围,

At this time, the national law not only expanded the scope of the rule of law,

而且对其具体内容也做出了比较严密的规定。

Moreover, specific regulations have also been established regarding its content.

唐律书役,

Tang Code Book of Official Duties,

唐律书役中规定,

The Tang Code stipulates in official duties that,

诸同居,

All cohabitants,

若大公与上亲及外祖父母,

If the prince and the sovereign, as well as the maternal grandparents,

外孙,

grandson

作孙之父,

To be the father of a grandson,

夫之兄弟及兄弟妻,

Husband's siblings and their wives,

有罪相为有,

Guilty association leads to guilt.

不屈,

Unyielding,

奴婢为主也,

The servant serves the master.

皆无论,

Everyone, regardless,

即漏其事,

Just leak the matter.

即折羽,

Instantly break the feathers.

消息亦不作。

No news will be made either.

从清末变法开始,

Since the reforms at the end of the Qing Dynasty,

至新中国的成立,

Until the founding of the new China,

社会发生了剧烈的变革,

Society has undergone drastic changes.

两千余年的封建法,

Over two thousand years of feudal law,

法律体系轰然接地,

The legal system crashes to the ground.

保留的中华法系册证也寥寥无几,

There are very few preserved records of the Chinese legal system.

亲亲得相守逆原则便是其中之一。

One of the principles of loving devotion is the reverse principle of mutual commitment.

1928年中华民国刑法,

1928 Republic of China Criminal Law

1935的《中华民国民事诉讼法》

The 1935 Civil Procedure Law of the Republic of China

和《中华民国刑事诉讼法》

and the Criminal Procedure Law of the Republic of China

都规定了亲亲得相守逆原则的相关内容,

It has stipulated relevant content regarding the principle of guarding against the pursuit of intimate relationships.

并进一步扩大了亲属的范围。

And further expanded the scope of relatives.

新政权建立后,

After the establishment of the new regime,

为了彻底粉碎违法统,

In order to completely crush illegal rule,

建立全新的法律制度,

Establish a completely new legal system.

在立法上否定了亲亲得相守逆原则。

The principle of mutual support in close relationships has been denied in legislation.

近期的《1996年修订刑诉法》

Recent revision of the Criminal Procedure Law of 1996.

和《1997年修订刑法》

"1987 Revised Criminal Law"

仍未对亲亲得相守逆原则网拍一面,

Still not adhering to the principle of online auctions for intimate relationships.

即《中华人民共和国刑事诉讼法》

The Criminal Procedure Law of the People's Republic of China

第48条第一款规定,

Article 48, Paragraph 1 stipulates that,

凡是知道案件情况的人,

Anyone who knows the details of the case,

都有作证的义务。

Everyone has the obligation to testify.

中华人民共和国刑事诉讼法,

Criminal Procedure Law of the People's Republic of China

《中华人民共和国刑法》第310条规定,

Article 310 of the Criminal Law of the People's Republic of China provides that,

明知是犯罪的人,

Those who know it is a crime,

而为其提供隐藏处所、财物,

and provide them with hiding places and resources,

帮助其逃逆或者作假证、证人包庇等,

Help them escape punishment or commit perjury, or conceal a witness, etc.

处三年以下有期处刑,

Imprisonment for a fixed term of less than three years.

拘役或管制,

Detention or control.

刑劫严重等,

Serious criminal robbery, etc.

处三年以上十年以下有期处刑,

Imprisonment for a fixed term of more than three years but less than ten years.

犯钱款罪,

Offense of embezzlement of funds.

事前同谋的与共同犯罪论述。

Discussion on prior conspiracy and joint crime.

这是中国刑法中亲亲得相守逆,

This is a violation of the principle of mutual loyalty in Chinese criminal law.

的原则,

the principle,

下面让我们来看一下西方刑法中,

Let's take a look at Western criminal law.

亲亲得相守逆原则的体现。

The embodiment of the principle of sticking together against adversity.

从世界各国立法上看,

From the perspective of legislation in various countries around the world,

亲亲得相守逆原则,

Loving each other goes against the principles of keeping distance.

并非中国传统法律所特有的,

Not exclusive to traditional Chinese law.

早在古罗马的法律中就曾规定,

It was stipulated in the laws of ancient Rome that,

亲属之间不得互相告发,

Relatives must not report on each other.

对于未经特别许可而控告父亲或保护人的人,

For those who accuse their father or guardian without special permission,

任何公民都可以对他提起刑事诉讼,

Any citizen can file a criminal lawsuit against him.

亲属间相互告发将丧失其据成权,

Mutual accusations among relatives will result in the loss of their rights to inheritance.

也不得令亲属作状。

No relatives are allowed to make a statement either.

今天,

Today,

很多国家宪刑法中

In many countries' constitutional criminal law

仍存在着亲亲得相守逆原则的声音,

There are still voices opposing the principle of close intimacy and commitment.

如1994年法国刑法典,

Such as the French Penal Code of 1994,

1976年德国刑法典,

The German Penal Code of 1976.

及1975年意大利刑法典。

And the Italian Penal Code of 1975.

亲亲得相守逆原则在当权依法治国中的存在意义,

The significance of the principle of mutual loyalty in the context of governance according to the law is its existence.

亲亲得相守逆原则不仅仅是道德规范。

The principle of affectionate commitment is not just a moral norm.

现在,

Now,

很多人把亲亲得相守逆原则看作仅仅是道德范畴之内的事,

Many people view the principle of staying loyal in relationships as something that falls purely within the realm of morality.

而不把它当作法律原则来对待,

but does not treat it as a legal principle.

这是对该原则的一种误读。

This is a misinterpretation of the principle.

从法理上讲,

From a legal perspective,

道德和法律的界限并不十分清晰,

The boundary between morality and law is not very clear.

它们之间存在着千丝万缕的联系,

There are countless links between them.

相辅相成,

Complement each other.

并可以相互转化,

and can be converted into each other,

甚至出现了道德法律和法律之间的关系。

There has even been a relationship between moral law and legal law.

从法的产生历史来看,

From the historical perspective of the emergence of law,

法的产生就是部分道德和习惯独立为法的过程。

The emergence of law is the process in which part of morality and customs become independent as law.

诚然,

Indeed,

亲亲得相守逆原则原本是一个道德规范,

The principle of being closely attached to one another was originally a moral norm.

但如果它仅仅如此而已,

But if that's all there is to it,

那也就没有探讨的必要了,

Then there is no need to discuss it.

而事实上并非如此简单。

In fact, it's not that simple.

由于亲亲得相守逆原则调整社会的特殊功能,

Due to the special function of maintaining social order against principles,

使得它进入了立法事业。

It has led it to enter the legislative事业.

一旦成为成文法的一部分,

Once it becomes part of the codified law,

该原则就不再是道德规范,

This principle is no longer a moral norm.

或者至少不再仅仅是道德规范。

Or at least no longer just a moral standard.

亲亲得相守逆原则入法是一个道德与法律结合的过程,

The process of adhering to the principle of mutual affection and incorporating it into the law is a combination of morality and law.

但一旦成为法律就主要是从法律层面上来调整社会,

But once it becomes law, it mainly adjusts society from a legal perspective.

因为法律的调整机制比道德更具有强制力,

Because the adjustment mechanism of the law is more coercive than that of morality,

否则它本身的现状就已经能满足社会需要,

Otherwise, its current state can already meet the needs of society.

我们也就不必无病呻吟了。

We don't need to suffer in silence anymore.

所以,亲亲得相守逆原则是法治而非德治,

Therefore, the principle of mutual protection is based on the rule of law rather than moral governance.

是与当前的一法治国相契合的。

It is in line with the current rule of law.

亲亲得相守逆原则的现实意义

The practical significance of adhering to the principle of mutual affection.

亲亲得相守逆原则在中国历史上发挥过巨大的作用,

The principle of mutual attachment and support has played a significant role in Chinese history.

时至今日,社会结构,人的观念及人际关系都已不同往昔,

To this day, social structures, people's perceptions, and interpersonal relationships have changed from the past.

但它仍然存在着不可磨灭的功效。

But it still has an indelible effect.

其一,该原则符合我国现阶段之国情,

Firstly, this principle aligns with the current national conditions of our country.

有利于保障社会稳定,以期更好的发展建设。

It is conducive to ensuring social stability, in order to better develop and build.

当前,我国正处于社会主义初级阶段,

Currently, our country is in the primary stage of socialism.

如今至关重要的任务就是怎样使综合国力持续发展,

The crucial task now is how to ensure the continuous development of comprehensive national strength.

而发展的必要前提便是国家和社会的稳定。

The necessary prerequisite for development is the stability of the country and society.

其二,该原则从根本上体现了人的新年期待,

Secondly, this principle fundamentally embodies people's expectations for the new year.

人的亲情是维系整个社会稳定的先决条件,

The affection of family members is a prerequisite for maintaining the stability of society as a whole.

新逐渐的爱是人本能的反应,是人类的感情基础。

Newly emerging love is a basic human instinct, the foundation of human emotions.

其三,该原则有利于教育感化罪犯,

Thirdly, this principle is conducive to educating and reforming offenders.

将国家公权力的成熟与社会矫持,家庭温情相协调统一起来,

To coordinate and unify the maturity of national public power with social correction and familial warmth.

做到真正意义上的挽救罪犯。

Achieve the true meaning of redeeming criminals.

其四,该原则有利于防止法律权威的降低,

Fourth, this principle is conducive to preventing the decline of legal authority.

将国家公权力的成熟与社会矫持,家庭温情相协调统一起来,

To coordinate and unify the maturity of national public power with social corrections and familial warmth.

使得法律更加亲民,激发公民自绝手法的积极性。

Make the law more accessible to the public and encourage citizens' initiative for self-help.

今天的《法演世界》到这里就不得不和大家说再见了,

Today, we must say goodbye to everyone at "Law Performance World."

感谢大家一直以来对于国关广播《法演世界》的关注和支持。

Thank you all for your continued attention and support for the Global Affairs Broadcasting "Legal World."

我是主播苗苗。

I am the host Miao Miao.

我是主播江川。

I am the host Jiang Chuan.

我们下期节目再见。

See you in the next episode.

再见。

Goodbye.