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五忌:自相矛盾逻辑清晰是法律思维的核心,而实践中逻辑混乱、自相矛盾的表述却时有发生。例如,一位刚执业的律师在为一故意伤害案被告人辩护时称“:辩护人对起诉书指控被告人构成故意伤害罪(重伤)没有异议,但请法庭考虑,被告人在主观上没有将被害人打成重伤的故意,只想将被害人打成轻伤,是一时失手才将被害人打成重伤的。”对罪名没有异议,对主观故意却又予以否认。显然,这位律师犯了自相矛盾的错误。再如,一律师为被告人作无罪辩护,提出三点辩护意
Five bogey: self-contradictory logical clarity is the core of legal thinking, and the logic of practice in practice, self-contradictory statements have occurred. For example, a practicing solicitor, defending a defendant in an act of intentional injury, said: “The defender has no objection to the indictment alleging that the defendant is guilty of the crime of intentional injury (seriously injured), but the court is asked to consider that the defendant is not subjective The victim was labeled as seriously injured intentionally, just want to be victimized into a minor injury, is the moment the victim will be labeled as seriously injured. ”" There is no objection to the charges, but on the subjective intention to be denied. Obviously, the lawyer made a contradictory mistake. Again, a lawyer for the defendant innocence defense, made three defenses