Some college students don't understand and pay enough attention to the "legal basis" course offered by colleges and universities. They don't think I will do anything illegal, let alone commit a crime. Learning this course has little to do with yourself. So how should we understand this problem?
Some students have a deep understanding of the role of law in punishing illegal crimes. When describing the law, the words they use the most are: sentence, imprisonment, detention, arrest, fine, shot, wanted, trial, solving a case, pursuing and cracking down on crime. It seems that law only has the function of punishing illegal crimes, but little is known about the role of law in protecting the legitimate rights and interests of citizens, legal persons and other organizations. Therefore, they don't fully understand the necessity of studying law, and think that they don't need to study law as long as they don't violate the law and commit crimes. In fact, punishing illegal crimes is only one aspect of the legal function, and the law has many multi-level functions.
Our country not only clearly stipulates the basic rights of citizens in the Constitution, but also specifically stipulates the civil rights, labor rights and litigation rights of citizens in the Basic Law and other laws. The legislative purpose, purpose and task of our country all contain the content of "protecting the legitimate rights and interests of citizens, legal persons or other organizations". The purpose and task of General Principles of Civil Law of People's Republic of China (PRC) is to protect the legitimate civil rights and interests of citizens and legal persons. The purpose and task of People's Republic of China (PRC) Contract Law is to protect the legitimate rights and interests of the parties to the contract. The purpose and task of People's Republic of China (PRC) State Compensation Law is to guarantee the rights of citizens, legal persons and other organizations to obtain state compensation according to law; The purpose and task of People's Republic of China (PRC) Civil Procedure Law is to protect the parties from exercising their civil litigation rights and safeguard their legitimate rights and interests. Even the task of China People's Criminal Law, which has the most prominent penalty function, is to defend national security, the people's democratic dictatorship and the socialist system, to protect state-owned property and property collectively owned by the working people, to protect citizens' private property, to protect citizens' personal rights, democratic rights and other rights, to maintain social and economic order, to ensure the smooth progress of socialist construction, and to fight all criminal acts with penalties. Another example is the law on the protection of consumers' rights and interests, the law on the protection of minors, the law on the protection of women, and the law on the protection of the elderly. The starting point and destination are to protect the rights and interests of these groups.
As can be seen from the above, punishing illegal crimes is only one aspect of the legal function. In modern society, the role of law in defining rights, safeguarding rights and implementing social affairs is becoming more and more important. No matter from the legal theory, or from the legal practice of legislation and law enforcement, protecting the legitimate rights and interests of citizens is the focus of legal functions. The ultimate goal of restraining people's behavior and punishing illegal crimes by law is still to maintain normal social order, which is conducive to the realization of the legitimate rights and interests of citizens, legal persons and other organizations. Therefore, studying law is not only to prevent and reduce illegal crimes, but more importantly, to clarify one's rights and safeguard and exercise one's rights according to law. Second, correctly understand the relationship between knowing the law, abiding by the law and safeguarding rights?
Some students have a vague understanding of the relationship between knowing the law and abiding by it. When expressing the relationship between knowing the law and obeying the law, some people choose "obeying the law does not necessarily know the law" and take many ordinary people as examples. Others choose "knowing the law may not necessarily abide by the law", and take as "evidence" the fact that many leading cadres, including some judges, prosecutors and legal workers, know the law but cannot abide by it, or even commit crimes. They concluded: "If you don't understand the law, you don't have to break the law. Why do you want to study law? " In order to analyze the correctness of this "conclusion", we might as well give a few examples.
Lu is a computer application major in a university in Beijing. In June 2000, Lu downloaded "hacker" software from the Internet, searched the computer information of IP segment on the Internet, deciphered and stole the online account and password of Beijing Chuangyuan Century Company. Lumou not only used the company's online account and password to surf the Internet himself, but also widely spread this online account and password to classmates and friends, and proudly told them: "This account has been hacked and you can surf the Internet without money." During the period from June 10 to June10, 2000, Lu even posted information online, and used it for three months every 100 yuan to sell the online account and password of Chuangyuan Century Company online, from which he made a profit of more than 4,000 yuan. Because people who know the account password often spread it to their netizens online, more than 1000 people have used the account. The company finally found that the account was stolen when the information cost soared by 654.38 million yuan. According to statistics, up to the time of the crime, the above-mentioned behavior of Lu * * * caused direct economic losses to the company 1.6 million yuan. When Lu was investigated for criminal responsibility for theft, he defended himself on the grounds that he did not steal anything, and said that he should know that this was a crime and would not widely spread this online account and password to classmates and friends, causing such a big loss. Obviously, ignorance of the law is undoubtedly an important reason why Lu embarked on the road of crime.
Sun Mou, an engineering student in a key university in Beijing, is smart and eager to learn, and especially likes to "delve into" detective stories. In order to test the result of the contest with the police, he began to steal the property of the student dormitory (his family has good economic conditions). Every time he commits a crime, he must "grasp" two "principles": First, controlling the value of stolen property does not constitute theft unless it reaches the standard of "large amount" stipulated by law. He thinks that as long as it is not up to standard, even if it is caught, it can only be regarded as petty theft, and it will be a big deal for a few days. Second, don't leave fingerprints and footprints at the scene. He thinks that the police can't solve the case without finding fingerprints and footprints, so they don't forget to put on gloves every time they commit a crime and wipe the footprints with a mop when they leave the room. It was only after many crimes that he was sentenced for theft that he "woke up like a dream"! Sun thinks he knows the law, but he is actually a dangerous legal illiterate. He only knows that "theft is an act of secretly stealing a large amount of public and private property", but he doesn't know how to calculate the amount of theft. When he was told by the police that "although the amount of stolen property is not up to standard every time, it has exceeded the standard several times", he burst into tears because of his ignorance of the law. After reading several detective novels, he is "very learned" and arrogantly shouts "Even if you compete with the police, you may not lose", which shows that his legal psychology has been distorted. It can be seen that "knowing the law" is by no means a little knowledge. It requires not only a complete and accurate understanding of the legal provisions, but also a correct understanding of the legal spirit and the principle of rule of law, as well as a healthy legal psychology.
A large number of survey data show that ignorance of the law is not only an important reason for college students to commit crimes, but also leads to their legitimate rights and interests being damaged without being investigated and compensated. College student A bought accessories worth more than RMB 1000 in a computer market. It wasn't long before they broke down and the stored data was lost. The insider said it was a fake and suggested that he find a dealer to double the claim. The dealer refused to admit that he sold it himself and could not find the purchase certificate. Later, he remembered that it was "thrown away at that time"; College student B worked hard as a salesman in a company for more than a month in the summer vacation. Not only did I not get a penny, but I also had to "buy" some unsold products according to the "contract" and "didn't look carefully" when signing the contract. As a tutor, female college student C was sexually harassed by her parents many times, but she dared not break the contract or even report the case. As a result, she was raped. Cases like this happen from time to time. This shows that some college students do not know how to protect their infringed rights and interests by legal means.
In a word, learning law is the need to cultivate college students' law-abiding concept and maintain social stability and harmony; It is the need for college students to correctly understand and adhere to the general plan of governing the country according to law and build a socialist country ruled by law; It is the need to improve and optimize the knowledge structure of college students, improve the legal quality and cultivate "four haves" talents. College students must understand the extreme importance of studying law from such a height and seriously study the course "Legal Basis".
Selected from: Is it irrelevant for college students to study law?