冉旋同学在美谷律所的实习感悟

   在上海美谷律师事务所实习的这四周里做了很多事情，让我尤为印象深刻的是一篇关于法律援助典型案例点评的撰写。在之前便知道法律援助中心会指定律师为经济困难的当事人提供法律服务，所以我非常珍惜这个机会。
   I have done a lot during the four weeks of my internship at Shanghai BeautyValley Law Firm. What impressed me particularly was the writing of a review of typical case of legal aid.I knew before that the Legal Aid Centre would assign lawyers to provide legal services to clients connected with financial difficulties, so I cherish this opportunity very much.
   在拿到案卷后，首先对卷宗通读了一遍，把案件的主要内容梳理了一下，主要情节是本案的援助对象犯罪嫌疑人顾某与其老乡等四人，因为之前在KTV里寄存过酒，这次来想要拿出来。但是因为他们没有带之前办理的会员卡且前台工作人员之前并不在不知道具体情况，所以没有把酒及时给他，后来就导致顾某与老乡等四人在店里大打出手，造成相关店内工作人员不同程度受伤，被法院认定为寻衅滋事罪。
After getting the case file, I read seriously first and sorted out the main content of the case. The main plot is that the four suspects of Gu and his fellow villagers, because they used to store wine in KTV, but this time they want to take it out.However, because they did not bring the membership card they had previously handled and the front desk staff did not know the specific situation before, they did not give him the wine in time. Later, Gu and his fellows, had a serious fight in the store with them, causing related staff of the KTV injured in varying degrees and was found guilty of AFFRAY by court.
   在本案中，主犯是他们一起的老乡刘某，顾某一开始并不知情，刘某在外面已经大打出手后，顾某是出于所谓的哥们义气，他本人与被害人并无任何联系，而是因为喝酒后且是在要帮助自己的朋友的情况下才动手打人的。其实我国《刑法》第18条第4款明文规定：醉酒的人犯罪，应当负刑事责任。所以醉酒后犯罪不会影响到刑事责任。从实际情况看来，醉酒的犯罪嫌疑人主观上并不一定是出于故意，而多是在自己的意识不能完全控制自己的行为之下犯的罪。这种犯罪与不醉酒的人犯罪在主观方面有所不同，但因为酗酒是一种恶习，而且也有司法实践证明，有些人就是以酗酒减弱了大脑对行为的控制能力为理由，企图逃避司法机关对其犯罪行为的制裁。顾某虽然没有主管恶意，但是不论因为什么原因去伤人都是不对的，而且本案当事人之前也有过因为喝酒而危险驾驶的记录，所以我认为是否也能跟的上对于这类犯罪人的后续教育，考虑到例如在服刑阶段思想教育课等等，让他们学会在酒后克制自己的行为也是很重要的，这是在刑罚上对他们有约束的强制措施后，积极的在预防犯罪，而且是因为对已经有过酒驾等在酒后犯罪行为的人，也更有针对性，降低这些人的再犯罪率也具有一定的现实意义。
   In this case, the main culprit was Liu, a fellow villager of Gu. Gu didn't know it at first. After Liu had fought outside, Gu was out of the so-called brotherhood.He had no connection with the victim himself, because he had been drinking and was trying to help his friend,then the victims were beaten. In fact, Article 18 (4) of China's Criminal Law clearly stipulates that a drunk person shall bear criminal responsibility for committing a crime.So committing a crime after drinking does not affect criminal liability.Judging from the de facto situation,the drunk suspects are not necessarily subjective, but mostly crimes committed under their own consciousness that they cannot completely control their actions. This crime is different from the crime of non-drunk people in subjective aspects, but because alcoholism is a bad habit, and there is judicial practice to prove that some people try to evade the judiciary on the grounds that alcoholism weakens the brain's ability to control behavior.. Although Gu did not have a malicious charge, it is wrong to hurt people for any reason, and the  concerning parties in this case have previously recorded dangerous driving, so I think it is possible to keep up with the follow-up of such criminals, ideological education lessons is needed during the sentence period, etc., it is also important for them to learn to restrain their behavior after drinking, this is an active prevention of crimes after the mandatory measures that are binding on them in the penalty, It is because people who have had drunk driving and other criminal behaviors are more targeted, and reducing the re-crime rate of these people also has certain practical significance.