Central Radio Network Beijing, May 5 (Reporter Guo Jiali) Recently, the Chengdu Railway Public Security Bureau's determination of "mutual beating" in a case has aroused the attention of netizens. On May 9, a woman posted a video saying that she was slapped by parents while riding the high-speed train for stopping her child from hitting the back of the chair, and she fought back. At 5 p.m. on May 2, after being summoned for mediation, the woman chose not to settle and was fined 5 yuan by the police, and the other party was fined 4 yuan. On May 8, the woman posted again that she was currently filing an administrative reconsideration and insisted on not conciliating.
After the woman posted the content of the incident and the punishment results on the Internet, it caused widespread heated discussions. Did the beaten women fight back against each other or in legitimate defense? Is it reasonable for a woman to be fined for fighting back? How to balance legal and reasonable administrative punishment? In this regard, the reporter interviewed relevant lawyers.
Focus 1: Are the slapped people beating each other or legitimate defense?
The summons certificate and administrative punishment decision issued by the woman on the Internet show that the incident determined by the police was as follows: the slapped girl quarreled with the child's parent, Yang Moumou, because of the noise of the child behind the seat, and then beat each other with their hands, resulting in slight injuries to the faces of both parties, and the illegal act has constituted beating of others, and according to the first paragraph of Article 200 of the Public Security Administration Punishment Law of the People's Republic of China, it was decided to give the offender an administrative fine of <> yuan.
Fu Jian, director of Henan Zejian Law Firm, believes that literally speaking, mutual assault is the act of beating each other in which both parties have a certain fault, in order to achieve the purpose of harming each other. Legitimate defence, on the other hand, is to take the necessary measures to stop the unlawful encroachment in order to avoid an imminent danger.
Fu Jian said that whether the woman's act of fighting back after being beaten is a brawl should be determined based on the subjective and objective circumstances. If the person concerned is unlawfully harmed, and the intention to retaliate for the intention to fight back, subjectively it can be determined that there was an intention to harm, and under the premise of no sense of defense, returning the hand after being beaten does not meet the standard of determining legitimate defense. If the danger of unlawful infringement is not eliminated after the other party stops, the other party still has the possibility of causing harm, or the unlawful infringement is about to occur again, out of a sense of defense, the necessary way can be taken to defend itself, at this time, the victim's return act is a means of resistance to the unlawful infringement and should not be recognized as a fight.
According to article (9) of the Guiding Opinions on Properly Handling Cases of Minor Injury in accordance with Law: to accurately distinguish between legitimate defense and mutual assault-type intentional injury, people's procuratorates and public security organs should adhere to the principle of unifying subjectivity and objectivity, comprehensively examining objective circumstances such as the cause of the case, whether there was fault for the escalation of the conflict, whether a murder weapon was used or prepared to be used, whether it used or was not commensurate violence, whether it gathered others to participate in fights, and other objective circumstances, and accurately judge the criminal suspect's subjective intent and nature of conduct.
The above provisions state that if a dispute arises over trivial matters, neither side can exercise restraint and cause a fight, and if the party at fault takes action first and the means are obviously excessive, or if one party acts first and continues to infringe while the other party is trying to avoid conflict, and fights back and causes injury to the other party, it should generally be regarded as legitimate defense. Those who deliberately provoke the other party to commit unlawful infringement and take advantage of the opportunity to harm the other party are generally not considered legitimate defense.
Focus 2: Is it reasonable for the parties to return the fine and be fined?
The administrative punishment decision shows that the woman who was slapped was fined 200 yuan by the police, and the other party was fined 500 yuan. Is such a penalty reasonable?
Fu Jian said that the law does not support violence against violence. According to Article 9 of the Public Security Administration Punishment Law, "The public security organs may mediate and deal with violations of public security administration such as fights or damage to other people's property caused by civil disputes, and the circumstances are minor. Where the parties reach an agreement after mediation by the public security organs, punishment shall not be given. "From a legal point of view, if the female passenger fights back after the end of the violence committed by the child's parents, it does not constitute legitimate defense, it is also a violent act, but because the incident is caused and the circumstances are relatively minor, if the two parties reach a settlement, they can not be punished." If the female passenger retaliates in order to stop further violence by the bear's parent, it may also constitute legitimate defense.
Fu Jian believes that returning the hands of the slapped person is not the right way to deal with the problem, especially in public, which can disturb social order. Since both parties are suspected of violating public security regulations, the Chengdu Railway Public Security Bureau will make the penalty decision. Therefore, when encountering such problems, the parties should solve them in a legal and reasonable way, rather than using emotions to deal with the problem.
Fu Jian said that for personal injury, the person who was slapped can handle the case with the public security organ and investigate the legal responsibility of the beater. In the face of unlawful infringement by others, appropriate methods may be adopted to resist or defend, as long as the violent injury of the other party has not completely stopped, and the victim has not exceeded the necessary limit, and the other party's personal injury caused by defense may be exempted from punishment.
Focus 3: How to balance legal and reasonable administrative punishment?
The woman stopped the child's uncivilized behavior on the high-speed train, but was slapped by the child's parents, and the woman returned the hand, which was determined by the police to be an administrative violation of beating others. But in the comment area where the woman posted the relevant video, netizens' comments almost overwhelmingly supported her.
Fu Jian said that when the public's simple feelings and concept of justice conflict with the law, the handling of such cases tests the ability and wisdom of relevant departments, and the administrative punishments imposed by administrative organs must not only comply with the law, but also take into account reason. Although the public believes that the punishment result is unfair, the law is the most basic bottom line that people abide by, and when facing the conflict between people's simple feelings and the law, the public power organs should also take it as a certain reference basis, and the punishment should have a certain discretionary space to ensure that the punishment result is fair and just.
Li Baolian, a partner at Beijing Jingshi Law Firm, believes that the law pays attention to substantive justice and procedural justice, and sometimes the result may indeed conflict with the simple sense of justice of the people, but when substantive justice and procedural justice are satisfied, a visible justice is achieved and social order is maintained. However, when faced with different incidents, specific problems should also be analyzed on a case-by-case basis, and problems must not be simplified or ambiguous, and the combination of rule of law and rule by virtue can be more conducive to social development.