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作为法律人的法官、检察官、律师、警察,在如何对待现行法律没有涉及的良心问题,以及违宪的恶法与社会公认的良知之间的冲突时,法律人的良心就会起作用。在北海案的五位被告人被宣判不构成故意伤害罪后,参加辩护的“死磕”律师们并没有多少胜利的喜悦。本案死者的真正死因或者真凶,是有多次机会得以揭开面纱的,可侦查机关错过了破案的最佳时机。这不是因为水平问题,而是良心问题。办案机关的问题,仍是公权力所患的坚决不认错、坚决不改错的司法癌症。
As judges, prosecutors, lawyers, and police, the conscience of the legal person will play a role in how to deal with the conscience not covered by the existing law and the conflict between the constitutional evil law and the socially recognized conscience. After the defendants in the North Sea case were sentenced not to constitute intentional assault, the lawyers who participated in the defense did not enjoy much triumph. The real cause of death or the culprit of the deceased person in this case is that there are many opportunities to be uncovered, but the investigating authorities have missed the best time to solve the case. This is not a matter of level, but a matter of conscience. The problems of the handling organs are still the judiciary cancers that are resolutely refused to admit mistakes and are resolutely not to be changed if they suffer from public power.