Special feature of 1905 film network The director’s film did not gradually fade away with the end of the Spring Festival, but rose against the trend and became the biggest dark horse in the whole market after the schedule.
The film climbed and surpassed from the fourth place in the single-day box office. So far, it has topped the single-day box office champion for six consecutive days, and the cumulative comprehensive box office has officially exceeded 2 billion in 16 days.
Why is Article 20 able to make a comeback after the Spring Festival?
The reasons are the audience’s first choice to re-select films after fierce competition, and the re-layout after the squeeze of film arranging space, and the quality content that is firm enough is the key core.
The comedy elements and entertaining comedy style created by the intensive bickering of characters in the film are outstanding. As the first film with the theme of "justifiable defense" in China, the story content discusses the complexity of the topic of "justifiable defense" and the social practical significance caused by it, which makes the film last for more topics.
Article 20 takes the self-defense clause in the criminal law as the clue, and tells the story with the dilemma of emotion and law faced by prosecutor Han Ming in the case. It shows the blunt and abstract legal provisions and judicial practice with vivid and concrete expressions, and successfully builds a bridge of communication between the law and the public, which makes many legal workers deeply touched.
So, in reality, how do the legal person who is the "protagonist" specifically look at Article 20? How will they face the controversy in the three cases in the film? Are there any details in the presentation of legal content that are particularly realistic and can be further improved?
1905 Movie Network specially invited lawyer Zhou Zhaocheng of Beijing Anjian Law Firm, lawyer Wang Yahui of Beijing Lanshang Law Firm, lawyer Wen Yang, senior partner of Shaanxi Xuanmian Law Firm, doctoral student Shang Bowen of Peking University Law School, criminal lawyer Wang Wentian, and prosecutor YC (anonymous) of a district procuratorate of a city in Guangdong Province to gather a number of legal persons to analyze the legal issues in Article 20 from their professional perspectives.
1905 Movie Network: What impressed you after watching the movie Article 20?
Zhou Zhaocheng: My viewing experience is very complicated. I am saddened by the experience of the characters and gratified at the end of the story. What impressed me most was the case of Wang Yongqiang’s assassination of Liu Wenjing, because this case was based on the anti-killing case in Kunshan in 2018, and I was the first lawyer interviewed by the media at that time, so I felt the deepest! More importantly, Article 20 also conveys the voice of the people and appeals to law, reason and emotion.
Wang Yahui: I was deeply impressed by the question-and-answer conversation between Han Ming and his son in the car. What Han Yuchen asked was the public’s doubts about being brave and defending oneself. As a senior prosecutor, Han Ming didn’t know how to answer, and also pointed out that Article 20 didn’t play its due role.
Shang Bowen: What impressed me most was what Han Ming said: "Everyone does it this way". That’s what they do, right? As far as the law is concerned, although China has not implemented the case law system in the Anglo-American legal system, it is conceivable that the pressure brought about by overthrowing the previous judgment logic is unbearable for individuals: as Han Ming told Lu Lingling in the film, more than a dozen cases were judged in this way. Why do you make different judgments? Breaking the "rules", the previous judgments and public opinion are like a mountain, which is pressed on the host prosecutor and the procuratorial system; Draw a gourd ladle, everyone can regard it as nothing happened, and no one will criticize a person who follows the rules.
The most touching plot of the film is the performance of the three children when three cases come together: Juanjuan’s helplessness when her mother jumped to protect herself, Yaya’s remorse when her father was in a car accident, and her son Han Yuchen’s torture of what is "justice". Others can regard it as nothing happened, but Han Ming himself can’t pass. The sense of responsibility for these innocent and kind souls is the driving force for Han Ming to make "I don’t want to do it all".
1905 Movie Network: The film mainly focuses on the definition of self-defense and the crime of story injury, and tells two cases: Wang Yongqiang’s assassination of Liu Wenjing and bus driver Zhang Gui’s birth. What do you think of the whole process of these two cases?
Zhou Zhaocheng: The case of Wang Yongqiang’s assassination of Liu Wenjing and the case of Zhang Gui, a bus driver, are adapted from the real events with milestone significance in the application of the concept of "justifiable defense". By developing these two cases, Article 20 shows us the twists and turns from intentional injury to justifiable defense, and makes more people feel the judicial temperature under the cold law. At the same time, it also reflects many practical obstacles from legislation to application, and it is still very difficult to define whether the defense behavior is justified or not.
Wang Wentian: The process of examination and prosecution of Wang Yongqiang’s case is painful, which tests the patience and courage of the case handlers. In practice, the prosecutor’s idea of examination and prosecution is "realistic". If he doesn’t return to make up the investigation or the prosecutor doesn’t take the initiative to look for evidence, then this case will definitely have a different result. It also confirms the line in the movie, "It’s not just a case, but someone else’s life". Because it involves other people’s lives, the case handlers of procuratorial organs and public security organs (as well as defense lawyers) should take it seriously, think, take the initiative, and be brave, so that criminal suspects can feel fairness and justice.
Wen Yang: I think that Wang Yongqiang’s acquittal without prosecution is a happy ending, but the cost is huge. For example, judicial personnel have been under great pressure from public opinion and handling cases, and Wang Yongqiang’s wife Hao Xiuping also jumped from a building and was seriously injured. This can’t help but make people think: If Hao Xiuping didn’t jump off a building and was forced to sign an agreement in exchange for the result that a husband might not die, would there still be the result that Wang Yongqiang constituted self-defense and eventually acquitted himself? Further thinking, Hao Xiuping had no choice but to think that "my husband can only live when I am dead", and to draw people’s attention back to the examination of Liu Wenjing’s illegal infringement by jumping off a building in an extreme way is also to fight against the logic of "Liu Wenjing is dead, so Liu Wenjing is right" at the expense of his own life.
The film does not show much about the formation of Zhang Guisheng’s guilty verdict, but more shows that Zhang Guisheng was unwilling to die after being convicted, showing helplessness and bitterness. Personally, I think the director may want to show the audience a result with the ending of Zhang Gui and Zhang Guisheng — — Unfair judgment will not only make social order harmonious, but even intensify social contradictions and undermine social harmony and stability; It will also challenge the people’s simple concept of justice, arouse public doubts about legal fairness, and undermine citizens’ reasonable expectations.
1905 Movie Network: There is also an auxiliary line about campus bullying in the movie. What do you think of the legal issues involved?
Shang Bowen: In the case of campus bullying, the protagonist couple, especially Li Maojuan, did not distinguish between "substantive justice" and "procedural justice" at all. What is substantive justice? Ke Zhang’s bullying classmate and Han Yuchen’s "nose for nose" is substantive justice. But is it enough to only save the scene with the heroes of martial arts novels? The paranoid pursuit of substantive justice is likely to lead us to a different path. As Luo Xiang said: "The training of law will constantly remind us of procedural justice, be alert to substantive justice, and pursue justice in the process". There is no monitoring, no evidence, and even reluctance to do the work of bullied classmates and surrounding classmates to testify for Han Yuchen. It is undoubtedly a slap in the face to find Zhang’s "trouble" just because of his son’s guess about the hitter. The film has handled this well, and the ending of entering the detention center is both realistic and educational. From this point of view, apart from neglecting to discipline my son Ke Zhang, I find it difficult to criticize Director Zhang who has always maintained rationality and restraint.
Wang Wentian: The case of school bullying (the concept of campus bullying is the same as that of school bullying, but it is described as "school bullying" in the law) is often difficult to investigate clearly. Nowadays, every school has preventive measures and emergency plans for campus bullying, but in fact, some invisible violence is difficult to find out, especially in economically underdeveloped areas. In addition, according to the relevant provisions of the People’s Republic of China (PRC) Law on the Prevention of Juvenile Delinquency, "State organs, people’s organizations, social organizations, enterprises and institutions, residents’ committees, villagers’ committees, schools, families, etc. all have their own responsibilities and cooperate with each other to jointly prevent juvenile delinquency, promptly eliminate various negative factors that breed juvenile delinquency, and create a good social environment for the healthy development of minors." This article clearly stipulates that there are eight responsible subjects in preventing juvenile delinquency. The film only mentions the responsibility of the school. Even if the school is the leader of the investigation, it has a great responsibility to investigate the violence on campus, but in the process of investigation and handling, it needs the cooperation and assistance of many departments and subjects.
Shang Bowen: The system needs to play a leading role at the front end, whether it’s courageous acts, self-defense or campus bullying cases in the film. What is needed in this matter itself is a surge of adrenaline, which requires people to be in an "impulse" rather than a rational state. What the law can do is to let the general public who are willing to be heroes understand how to be brave and what to do when they are brave, how to protect themselves when they are brave, and add a little condensate of legal rationality to the hero’s "impulse".
1905 Movie Network: What are the realistic details of the restoration and presentation of judicial cases in Article 20?
Wen Yang: When showing the process of handling cases, we strive to be true from the investigation stage to the examination and prosecution, which reflects the rigor and complexity of judicial work, such as evidence collection, cross-examination and debate, sentencing consideration and other steps, which are all in line with reality, especially in the film. The prosecutor Han Ming took a number of judicial cases of similar cases and fell in front of Lu Lingling, but said helplessly, "It’s always like this everywhere. Why can’t this case?" This plot really fits a real situation in handling a case. Although China is not a case law country, due to the principle of "the same case and the same sentence", both judicial staff and lawyers attach great importance to the retrieval of similar cases in the process of handling cases, hoping to avoid the situation of different sentences in the same case by retrieving cases.
Shang Bowen: Some time ago, many people wanted to do a job of "not entering life", but the filming of the procuratorate’s work in the film was realistic at least in this respect. It is not a case, but the life of a living person. In order to detect cases, find key evidence and write judgment documents, the life and work of public security and legal personnel in the legal profession are closely intertwined.
1905 Movie Network: Is there anything in the film that can be further improved?
Wang Yahui: Generally speaking, it is practical, and every scene seems familiar to the legal person. However, the details of the connection of the case-handling process, such as the prosecutor verbally asking the public security to find evidence, are not realistic, and some legal knowledge points are not accurate, which may be limited by the length of time and worried that the professional knowledge is not easy for everyone to understand, so it has been simplified. The film has a very good idea. If we can increase the depth of case analysis on this subject, fully present the differences of views and details of handling cases in the work of prosecutors, and make a series, I think it should have better results.
Wen Yang: Although the film touches the core of some legal issues, it can further explore the collision between different legal viewpoints, such as identifying the boundary of self-defense and judging subjective intention, and show the difficulties and controversial points in judicial practice in more detail. Some scenes or discourses involving legal majors can be appropriately explained by more professional terms and legal theories, so that the audience can better understand the legal logic and judgment basis. There is also the plot that does not reflect the participation of lawyers. Wang Yongqiang has no defender in the film. In reality, even if Wang Yongqiang does not entrust a lawyer, there will be a legal aid lawyer. The participation of lawyers will make the film plot more collision.
Shang Bowen: Han Yuchen’s beating doesn’t have to meet the criminal filing standards before he can file a case. The punishment for public security management of mutual beatings and even group beatings can be directly filed. The verification of the case must highlight the specific scenes for the needs of the plot, which is understandable, but some of them are too far from reality. For example, when the protagonist group visited the village, they did not ask the witness directly, but asked the shop owner directly. In fact, many times in the film, Han Ming did the work of the public security organs.
Wang Yahui: In addition, I think that because the film is a prosecutor’s perspective, there are some negative portrayals of the roles of public security and lawyers. From the perspective of gathering themes, this depiction is superfluous.
Wang Wentian: I have different views on this. I don’t think this film belittles lawyers, because there are no lawyers involved in the three cases in the film, and they are not the key figures to be told in the film, so we can’t generalize them. First of all, there is no defense lawyer in Wang Yongqiang, and the lawyer in the movie stands outside the procuratorate and is the attorney of the victim. His "that sentence" is legal and reasonable. Although the occasion of his speech caused doubts, he did not express his feelings for the victim, nor did he provoke contradictions. His behavior conforms to the lawyer’s professional ethics and norms. Secondly, in Zhang Guisheng’s case, there was no mention of lawyers at all, but the behavior of prosecutors in the stage of examination and prosecution was emphasized. Thirdly, in the case of campus bullying, the lawyer in the film provided an opportunity for both parents to meet from the perspective of an outsider, and did not talk about right and wrong and put forward any legal advice, which did not violate the regulations. Finally, because there are few lines and scenes in the role of lawyer, it cannot be said that the lawyer in the film represents the criminal defense lawyer in reality. The film is not emphasizing the level of occupation at all, but popularizing the law. Why should it be complicated for such a simple purpose?
1905 Movie Network: What do you think is the significance of Article 20 in popularizing law in society? What can legal professionals learn from the role of prosecutor Han Ming?
Zhou Zhaocheng: This film is of great significance in popularizing the law to the society. It makes Article 20 of the Criminal Law go out of the law and into every citizen’s heart, and makes us believe that legislation is powerful and justice is warm. This film has great social significance. In the persistence of the role of prosecutor Han Ming, I see the enthusiasm of legal professionals and the belief in the law. "Let the people feel fair and just in every judicial case" is the expectation of the people and the responsibility of the judiciary.
YC: In Han Ming’s case, I think we should take the facts as the basis and the law as the criterion. Of course, we can’t describe the legal provisions in a mechanical way. More importantly, we need to handle or handle cases with some simple or ordinary values, because the law is not cold.
In the film, Han Ming, the prosecutor, does not stick to the rules, because the law is lagging behind. It is a good thing for judicial practice to follow the case or make changes or innovations in time. Although there may be difficulties or obstacles, I think there are actually many such people to practice or try in China’s legal system today.
Wang Yahui: After watching the film, people have a clear understanding of the behavior of self-defense. The film conveys the spirit of punishing evil and promoting good by law and safeguarding justice to the utmost, so that people know that Article 20 is a solid backing for justice and can boost the integrity of society. Legal professionals should learn from the spirit of Korean prosecutors who dare to take responsibility, and with the courage to take responsibility, they can shoulder the heavy responsibility of safeguarding fairness and justice.
Wen Yang: Aside from the professional problems seen by professionals watching this film, for those of us who are engaged in the legal profession, the shaping of the role of Han Ming is to remind every legal community that when handling every case, we should not forget our initial intentions, always keep a fair heart and have responsibilities and responsibilities. Of course, as a lawyer, I want to speak for the lawyers. Although the voice is small, it is at least vocal: there is no shortage of fair and just prosecutors and judges in this society. At the same time, there is no shortage of lawyers who rush to defend the legitimate rights and interests of the parties.
Shang Bowen: Those who are courageous are heroes, and those who promote justice and protect those who are courageous are even more heroes. Understanding of justice: No matter what kind of legal profession or legal field you are engaged in, justice will always be the ultimate value that legal people pursue forever. In addition to the prosecutors and judges in the film, the original intention of the professional setting of lawyers in reality is a sword to ensure the procedural justice of the parties.
Going against the current and pushing the legal system towards better reform, like Korean prosecutors, is a typical "collective action" problem in which individuals bear collective costs and will encounter great resistance and pressure. However, the right thing is often not easy to do, so we should take it as our responsibility!
