“法居士”和批评他的人都不代表“中华民族”

不明白为什么批评网上不负责任的贴子就说明“中华民族”是劣等民族，或者警告公众某人经常上不负责任的贴子就成了“劣等民族”。按照这种逻辑，好象世界上只有“优等民族”不批评别人，只有“劣等民族”才提出批评或者警告。为什么一定要把话题转移到民族那里去呢？“法居士”的行为是个人行为，对他的批评也是个人行为，最好不要扯到“民族”那种大而无当的话题上去。或者看看下面的贴子，有所帮助。

I believe that the web should be a free domain. For those who seek legal advice here, you have to take anything you get at your own risk. You have to realize that many posts are inaccurate and erroneous. And you have to realize that some posts are irresponsible and misleading. So what you think good medicine may be poison. Just take it at your own risk.

Also I believe that it is not inappropriate to give warnings when posts given by the same poster are frequently inaccurate and misleading. If someone so frequently posts inaccurate and misleading advice/opinion/analysis, we can reasonably believe that this guy is irresponsible. Nobody who works has the time and energy to correct to respond to every error in his posts. But everybody who find such a problem should be allowed to give warnings to the public. I don't see anything wrong by doing this. But I don't feel appropriate to use humiliating words. They are not helpful to anybody and should be avoided.

The debate on legality of providing legal advice/opinion/analysis on the web isn’t new. But it raises interesting issues in regard to a Chinese BBS. Many English articles and posts focus on lawyer’s professional responsibility to provide legal service on the web (ABA Rules define “legal service” broadly, including “provide legal advice”, and case law takes giving legal opinion at a cocktail party to be “legal advice”), because it's rare, if not none, that non-lawyers give legal advice/opinion/analysis (though the lines between these three categories are far from clear) in on English BBS.

But many Chinese BBS’s allow posts of various kinds of legal info, some are arguably legal advice (not only give the law but also interpret the law to a certain case). Usually the circulation of info is harmless, and even harmful info is protected but first amendment. But in some professional areas, there are more restrictions on giving such info, i.e. the medical and legal professions. There are many reasons for doing this. One reason stands that these areas are so specialized that only well-trained professionals are capable of practicing them. The other reason stands that these areas are so important to people’s life and the society that only those capable can practice them.

It may be a little surprise that so many overseas Chinese seek legal advice on the web, but don't talk to a lawyer. One explanation may be that many Chinese don’t respect professionals. They feel unfair that lawyers charge them for giving legal advice. They may believe that legal advice should be free, as pirate computer softwares, Cds or DVDs. Abraham Lincoln said lawyers make a living by selling their words. But many Chinese refuse to buy lawyer’s words, i.e. legal advice, because it’s against their belief that words, even legal advice, should be free.

So I’m not surprised to see so many overseas Chinese messed up their cases by speculating American laws or proceeding on inaccurate legal info they got on the web. I see from time to time that they finally went to a lawyer and were told that it was too late. Unfortunately that came to be the only real legal advice they got. Some overseas Chinese messed up their immigration applications and had to leave, and some ended up in a long and difficult legal dispute they may have avoided by going to a lawyer earlier.

I saw enough such cases who relied on misleading and inaccurate legal info on the web and don’t want to see more to come. That’s why I feel it makes some sense to give warnings to the public when the posts by the same poster are frequently inaccurate and misleading. Also that’s why I don’t agree that a poster who frequently gives inaccurate and misleading legal info helps anybody. But I believe that warnings against such an irresponsible practice do help us all.

所有跟帖： 

• 你老兄也太低估网友的智商了。 -2bekids- ♀ (105 bytes) () 09/26/2003 postreply 13:50:00

• 都高智商,就没人 -问问题啦,你的太低- ♀ (0 bytes) () 09/26/2003 postreply 13:53:00

• 高智商才有问题，还会判断。低智商才没问题，只会轻信。 -2bekids- ♀ (0 bytes) () 09/26/2003 postreply 14:03:00

• 会判断还问什么, -不明白?????- ♀ (0 bytes) () 09/26/2003 postreply 14:06:00

• 这不是“智商”问题，而是“专业”问题 -别搞错- ♀ (32 bytes) () 09/26/2003 postreply 14:17:00

• 有专业的知识，却没有专业的道德 -jennyjj- ♀ (263 bytes) () 09/26/2003 postreply 16:13:00