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美国老外看“郭德纲案”的“私闯民宅”和“正当防卫”(和老美聊天)
米娅 2010年8月9日 15:14:14

按:聊完有种感觉,如果这个美国人带着他这种观点和脾气在大陆生活,不被整死了,也被憋死或者气死了,幸运的是,他在美国,所以活得还不错

M: let's talk about another topic. I have some questions to ask you about American laws, ok?
U: OK
M: recently, one day, three reporters went to a house to interview the house owner.
M: those reporters are from Beijing TV station.
M: the house owner is a famous actor
M: not just an actor, he owns a company and has a lot of apprentices and some assistants.
M: The owner isn't comfortable with the staff of Beijing TV station.
U: ok
M: because some neighbors told Beijing TV station that he occupied the public greenbelt
U: is this in China?
M: then the TV station made a show about it.
M: yeah
U: ok
M: the actor part said that the show was a lie and injured their reputation.
M: that day, the three reporters went to the actor's house
M: and climbed up the ladder and knocked his first door.
注: 本来想说楼梯,查在线字典找了个单词:ladder(梯子),不过对内容影响不大。
M: but no one answered
M: so the girl reporter opened the first door, which faces a corridor
M: knocked the side door near the first door.
M: a guy opened the door
M: they introduced that they were reporters from the TV station and wanted to interview the owner about that controversy.
M: the guy was an apprentice of that actor
M: he told the reporters that they did something wrong and should apologize about it etc.
M: the atitude isnot that friendly
M: then, the guy showed a paper to the reporter to prove they had some proof for it
M: then, the male reporter said "what's that?"
M: I saw the video, but I really don't know why this sentence made that guy so angry
M: maybe they have some other argument.
U: seems so
M: the guy started to slam his head, or his face
U: hey...i have to leave my desk for about an hour
U: i will brb in 1 hour
M: ok
......
M: then, the male reporter tried to avoid it. he stepped back along the ladder. that guy chased him and tried to slam his head or face.
M: At last the male reporter arrived the public road
M: the reporter said that that guy beat him and should apologize about it.
M: that guy said that they invaded his home and he found that some of his shoes were stolen etc.
M: some other guy came, and humiliated the reporters, saying 'how could you enter the living area and who allowed you to enter?' 'If someone beat u, you should call you 'uncle police'' etc.
M: then, the reporter really called the police.
M: oh, the reporter said that he didn't call the police. maybe he told his colleague and his colleague called the police.
M: the police came and those guys denied that they beat the reporter.
M: the reporter tried to show the video he recorded to the police. the reporter said that that guy tried to rob it from the reporter at that time. the video image shaked a lot at that moment.
M: then, the police stopped him. at last, the reporters left that area.
M: then the TV station invited some reporters and announced that the reporters were badly injured and asked for apology and compensation and still reserved the right to charge that guy etc..
M: they really got a statement from a hospital for that "badly injury".
M: On the actor's side, they refused to apologize and said that the reporters invaded their house and should be beaten.
M: Some supporters on the actor's side even say, the owner can kill the reporter because they 'invaded' the house without permission, according to the American law.
M: According to the American law, what will happen?
U: no one is allowed to enter your house without permission
U:
if you are the homeowner you have the right to defend yourself
M: do you think that it's legal that that guy beat that reporter?
U: if you kill someone while they have broken into your house you can claim self-defense
M: in this case, do you think that the report invaded that house and should be beaten?
U: if the reporter was beaten off the property then that is 'assault'

M:
U: if beaten while in the homeownsers house it is self-defense
M: what about on the corridor outside of the side door?
M: is it in the house?
U: its on the property
M: do you mean that if the guy stopped before the reporter arrived the public area, it's self-defense?
M: even on the ladder of the house, still self-defense?
U: anywhere on the property
U: you cannot invade private property

M: oh, it seems that those guys' speech is reasonable in some way.
M: some lawyer said that it's not 'invade'. they knocked the door and introduced themselves
M: the fighting began after some conversation.
U: knocking on the door is a friendly way to visit a stranger
U: but do not enter the house unless invited in

M: they stood in the corridor
U: it seems that both parties are to blame
U: anywhere on the property
U: one cannot invade private property
U: but in America...it is up to the judge and and a jury to decide the outcome

M: if that guy stopped before the reporter arrived to the public area, is there something to blame on the actor's side?
M: oh
M: i c
U: public is public...private property is a different matter
M: oh
M: but the thing happened in China, the outcome is quite different
M: that guy was put in jail for 7 days and was fined RMB200.
M: do you think that it's reasonable?
U: which guy was put in jail
M: that guy who beat the reporter
U: well...I'm guessing the reporter has ties to the party
M: sure
U: and the party doesn't respect private property
M: he is a staff of a TV station of Beijing city
U: so...it was easier to convict the guy protecting his property
M: He was not protecting his property, he just took an revenge, I think.
M: just it happened to be in his teacher's property
U: but the property was invaded
M: oh,
M: the things are worse than that on the actors' part
M: Their shows were cancelled
U: of course...the party rules
M: The DVDs etc. were taken off from the shelves of the shops
U: no surprise
M: Now, some people start to support the actor.
M: not because someone 'invaded' his property, it's because he was depressed by the authorities
U: and all this was the result of someone invading private property
M: anyway, I really dislike that guy.
U: if this reporter had done this in Los Angeles or Nashville he would have probably been shot and killed
M: it's daytime.
M: I don't believe it.
U: why?
U: you are not understanding
U: you cannot invade someone's private property

M: you can't shot someone who just had some conversation outside of your door.
M: He didn't threaten the owner.
U: but you can shoot someone for invading your private property
U: private property is a God given right
U: you have a God given right to defend it

M: He knocked the door for an interview. if u don't like, just ask him to leave
U: so...thats it
M: it seems that if someone argues with you in your property, you can shoot him/her.
U: no
U: that is not an invasion
U: if you go to someone's property without permission
U: that is invasion
U: its not difficult to understand
U: whether you like it or don't like it....thats the way it is

M: the reporters introduced themselves, and had some conversation.
M: if it's invasion, that guy should kick them off immediately
U: you said they climbed a ladder and no one answered the door after they knocked
M: that's the fighting after that
U: that is invasion
U: but...they invaded private property

M: you may misunderstand it. if you want to knock that door, you have to climb up that ladder.
M: so you can get to that door.
M: even thought you are a guest with invitation
U: its just a difference on how private property is looked upon...in china there is no respect for it
U: if you are a guest with an invitation...then you are not invading

M: if a reporter went to interview you near your door, after some conversation, you can shoot him?
U: its really simple
U: its very basic logic

M: oh,
M: i c


M: what about sidewalk?
U: if you are invited then you are not invading
M: is it the owner's property?
U: who built the sidewalk?
M: should be the owner but it's open to public, you know.
U: depends who built it and if it on private property then how can it be public?
M: my former landlord has a sidewalk on her property.
U: Private property 101: If I buy property...i own the property
M: every owner has a sidewalk. they are all connected so people can walk along them.
U: but who built the sidewalk?
M: the owner should maintain it. before the owner owns the property, it is already there.
M: I heard that if someone injuries on the sidewalk and because of that sidewalk, the owner even has to pay for it.
U: if the sidewalk was constructed using tax payer money (probably the case)...then it is public
U: If I build a sidewalk on my property with my money...then it is private property

M: it's a sidewalk, the owner has to maintain it, for example, clean the snow, etc.
U: its part of the community standards
U: but it is probably and most likely a public sidewalk

M: you know there is a wide road, along with the wide road, there is a sidewalk on the front of the people's house
U: it easy
U: whoever built and paid for it...owns it

M: but the both sides of the sidewalk belongs to the owner.
M: I don't think so.
U: the community has established that thin strip of land to be designated for a public walkway
U: same as roads...highways, etc

M: yeah
M: the owner of the house has to maintain the sideway before his or her house
U: because its community standards
M: so not the owner's property?
M: I feel a bit scared that you say the owner can shoot the people on his or her property.
U: if you invade it
M: what if I walk along that sideway?
U: listen...the sidewalk is PUBLIC
U: just use common sense...and do the right thing and no need to worry
M: I knew. I had an argument with my former landlord, I told her if she or she let other people enter my room without permission, I would call the police.
M: She really took it seriously.
M: If I said so in China, it's just like nonsense.
U: but it just common sense to let others have privacy
M: yeah.

M: in the western world, people take privacy very seriously.
M: in China, before, people even didn't think other people should have privacy. Now, things have changed a lot.
U: its very strange not to let people have privacy
M: really. the theory is that the people should devote their all to the party or some career of this "country".
M: The party is like "God" in some way
M: At that time, there is a book named "Devote all to the party". It was very praised by the official media.
M: When we wrote some compositions, we liked to quote some sentences on the second page of the book.
M: now, China is more and more westernized
U: what...when you were in school recently?
M: I mean in my secondary school
U: oh...i was worried...i thought you were writing such things for your IT school in Toronto
U: (sweat)

M:

M: what if the owner doesn't allow the invador to leave his property?
M: is it legal?
U: then it is called kidnapping
U: again just use common sense
U: its just a simple matter of right and wrong

M: if the invador was in the public area, that owner said that invador might steal his stuff because his shoes lost. is it insulting? is it verbal abuse? is it legal?
U: is stealing from someone wrong?
M: the owner just tried to humiliate that reporter. no one stole his stuff.
M: then, is it verbal abuse or is it legal?
U: you cannot slander someone
U:
but you have the God given right to free speech
M: then, is it legal that the guy chase the reporter on his ladder?
M: *pursue and attack
U: seems to me it would be difficult to chase someone on a ladder...do they have circus performing experience?
U: reminds me of some cartoons i have seen

M: staircase
U: oh staircase!
U: is it a public staircase?

M: I always tried to say staircase.
M: no, the owner's
M: it's on the outside of the house
U: oh well...do some research on American law and soon you will be an expert
U: but I have to go now

M: ok.
M: good night.
U: So good night
       


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