Zheng Zhi Yang Lujia
The number of homicides has decreased and remained low, but the proportion of homicides caused by close relationships due to marriage entanglements, family conflicts, etc., is increasing
Experts call for the strengthening of correct marriage ethics and the establishment of a comprehensive social relief operation mechanism
On July 25, the much-watched "Hangzhou Woman Missing Case" was announced and cracked. The police informed that this was a premeditated case of deliberate homicide. The victim's husband Xu Mouli was suspected of committing a major crime, and criminal coercive measures have been taken.
Earlier, on July 20, Sichuan Anyue police received a report from a man surnamed Qu that his wife was missing. After investigation by the public security agency, it was found that the informant Qu XX was suspected of committing a major crime. At present, Qu XX has confessed the facts of the crime of murdering his wife and has been detained by the public security organ.
In these cases, the murderer is without exception the victim’s pillow. Behind the constant exposure of such major criminal crimes that occur in intimate relationships, there are more criminal signs inspired by family conflicts hidden in the silence of the parties, becoming a hidden pain in society. So, what trends have emerged in major criminal cases involving intimate relationships in recent years? What are the unknown reasons behind this? When you are in a "dangerous intimacy", how do you identify the "multiple faces" of the perpetrator? In this regard, the reporter investigated and compared relevant data, interviewed front-line prosecutors, anti-domestic violence practitioners, and criminal psychology experts to uncover the "hidden corners" of intimate relationships.
Homicide cases caused by emotional entanglements and family conflicts are rising rapidly
"From 1999 to 2019, the procuratorial organs prosecuted serious violent crimes from 162,000 to 60,000, an average annual decrease of 4.8%; the proportion of those sentenced to three years in prison fell from 45.4% to 21.3%..."
Judging from the data disclosed in this year's Supreme Procuratorate Work Report, the rate of serious violent crimes and severe penalties in my country has dropped significantly over the past 20 years, the public security situation has continued to improve, and the people's sense of security has continued to increase. However, some homicide reports seen in major media still stimulate people's nerves. For this reason, we selected the changes in the data of homicide cases handled by the Suzhou prosecutors in Jiangsu Province over the past 20 years as a sample for analysis to explore the reasons and trends behind the homicides.
According to the data provided by the Suzhou Procuratorate, the number of homicides reviewed and prosecuted by the Suzhou procuratorate showed an upward trend from 1999 to 2009. It reached the highest point in 2009, remained low after 2009, and increased again in 2019. This is an increase of 28.8% compared to 2018 (among which, this has a certain relationship with many old cases that the public security organs cracked in 2019).
Wei Guowei, deputy director of the Serious Crimes Prosecution Department of the Suzhou Municipal Procuratorate with many years of criminal prosecution work, said in an interview: "In the past 20 years, based on the permanent population of Suzhou, the homicide rate per 100,000 people has remained at about 0.65. The published data is basically the same as the national level and far below the world average, indicating that the personal safety of the people is fully protected."
In terms of the types of cases, from 1999 to 2019, the declining trend of homicides caused by robbery is very obvious. The number of homicides caused by retaliation or fights has increased and then rapidly decreased. Homicide cases caused by emotional entanglements and family conflicts have shown a rapid upward trend after 2009.
"This set of data shows that from 1999 to 2019, the murder cases in Suzhou showed a clear trend of'robbing money-retaliation and fighting-emotional entanglement, family conflict type", emotional entanglement, family conflict type crimes At present, it has occupied the main reason for the murder." Wei Guowei further analyzed.
"In the past 20 years, the relationship between the perpetrator and the victim has changed from a majority of strangers to a majority of acquaintances." Wei Guowei said that in terms of personnel relations, 41.8% of homicides between strangers occurred in 1999. It rose to 54.8% in 2009, and then showed a rapid downward trend.
The above sets of data show the same characteristics as the frequently reported homicide cases between husband and wife and families in recent years: although the number of homicide cases has decreased and remained low, the reasons for the homicide cases and the relationship between the homicide personnel have undergone earth-shaking changes. The proportion of homicides between intimate relationships due to marriage entanglements and family conflicts is increasing.
Regarding the law behind the change in the total number of homicides, Wei Guowei analyzed and pointed out that under the same economic development level and social governance ability, the size of the population base determines the size of the total number of crimes, and the proportion of the migrant population in the permanent population is also Greatly affect the number and types of crimes. "The explosive growth of the population has brought about a rising trend of homicides. Since 2009, the population increase has not been obvious, and the corresponding number of homicides has been in a low and stable state."
"The rapid economic development is the main reason for the decrease in money-robbing homicides." Wei Guowei introduced that as the people's income continues to increase and their wallets continue to thicken, the people live and work in peace and contentment, and their sense of happiness continues to increase. A qualitative leap has taken place in the standard of material living, which has fundamentally reduced the objective factors for money-robbing homicides. At the same time, the continuous improvement of the three-dimensional and information-based social security prevention and control system has improved the comprehensive management of social security, and the number of retaliatory and fighting homicides has gradually decreased.
Through years of front-line case handling experience and data comparison and analysis, Wei Guowei believes that the acceleration of urbanization is one of the underlying reasons for the increase in family conflicts and emotional entanglement homicides. The process of urbanization has intensified population flow and promoted continuous changes in the social structure. Moral codes such as marriage loyalty and family harmony have lost their original binding force, leading to increasing family conflicts and emotional entanglements that cannot be resolved. Misconceptions such as extramarital affair and deformed love concepts continue to spread and cannot be corrected in time, becoming the most important cause of homicides. Inducement.
People with impulsive, aggressive, anti-social personality and other psychological characteristics have a higher risk of crime
Spouse killing is a relatively bad criminal behavior in intimate violence. The social pain and public anxiety produced by it have a strong dispersive effect. It has been the focus of criminal psychologists for many years.
Ma Ai, director of the Criminal Psychology Research Center of China University of Political Science and Law, pointed out through a large number of case studies that there are five common types of homicides in intimate relationships: one is long-term domestic violence, which leads to abuse and death; the other is that one party loses control of emotion and leads to passion in a fierce conflict. Murder; the third is the murder caused by the long-term backlog of suspicion, hatred, resentment, and contradictions; the fourth is the murder caused by gaining control and fighting for the expected benefits; the fifth is the "evil inversion" caused by resistance or retaliation due to long-term domestic violence kill.
In the "Shanghai Wife Murder Case", Zhu Xiaodong, the intentional murderer, was a crime of passion caused by a backlog of long-term family conflicts. After marriage, Zhu Xiaodong and his wife often have conflicts over trivial matters. In October 2016, he and his wife Yang went to Hangzhou for a trip. Due to scheduling problems, the two quarreled many times after returning home. One day that month, the couple quarreled again about the incident. Zhu Xiaodong said, "I don't want her to say any more" and "just pinch her neck with both hands." A few minutes later, Zhu Xiaodong found that his wife was not breathing. On June 4 this year, in accordance with the execution order issued by the Supreme People’s Court, the Shanghai Second Intermediate Court executed the death penalty.
So, is the perpetrator a person with low literacy and rude personality that people usually think of? Not at all. On the whole, in intimate homicide cases, the most important thing that cannot be ignored is the characteristics of the perpetrators themselves, and their psychological characteristics are often the main reasons for making criminal decisions. Ma Ai said that criminal psychology research has summarized the general characteristics of criminal perpetrators murdering spouses from the cases that have occurred: impulsive, aggressive and hostile personality; psychosis, especially anti-social personality; long-term depression and depression; obvious Emotional dependence; lack of security; low impulse control ability, lack of emotional regulation ability; low empathy ability; low income, lack of control; narcissism and self-centeredness; poor communication and social skills, lack of stress relief channels; abuse Or a history of sadism; discomfort with family life and extreme disappointment or hatred towards your spouse.
At the same time, Ma Ai reminded: "It is by no means that people with such psychological characteristics will inevitably commit crimes, but compared with other people, they have a higher risk of crime."
In the daily life of firewood, rice, oil and salt, dissatisfaction or even resentment towards the spouse is more common, but it is very rare to use extreme methods of killing each other to resolve conflicts. In Ma Ai's view, the analysis of this type of crime requires consideration of both the reasons for the occurrence of the case and the extreme characteristics of the perpetrator. Intimacy breakage is the fundamental reason leading to spouse killing, which is related to the basis of the construction of marriage relationships in specific families. Emotions, interests, fertility, cooperation and their interaction are often the motives for starting a family. Turning relatives into enemies due to emotional conflicts, turning relatives into enemies due to conflicts of interest, turning relatives into passers-by due to cognitive conflicts, is the evolution of most spouse killing cases, and is mainly manifested in emotional killings characterized by vendettas And the two forms of instrumental killing caused by profit.
Wang Dawei, a professor at the People’s Public Security University of China, agrees with this view. In addition, he also believes that cultural differences and growing up in different family backgrounds will cause differences in outlook on life, world outlook, and values, and conflicts in the way of dealing with people, which will also lead to the accumulation of contradictions.
Domestic violence is a common sign that induces violence in intimate relationships
"After a dispute with his wife, Zhao Moufeng held a wooden stick and knocked him down. After the wooden stick interrupted him, he did not stop. He found a wooden stick and continued to beat his wife several times on the head until the other party's face was bloody. Close the door and leave after living.” On July 28, the judgment of the first instance of a wife murder case published by China Judgment Document Network caused an uproar on the Internet, and the cruel criminal methods made people shudder.
In this case, Zhao Moufeng suspected that his wife had derailed since 2018 and had disputes with his wife many times until the conflict escalated in August 2019, when he beat his wife to death with a wooden stick. So, whether the disputes and differences that began in 2018 show signs of crime, and how can such tragedies be prevented?
In this regard, Ma Ai believes that due to different types of cases, the perpetrator's own characteristics are also different, so the signs before the crime are also very different, but some common phenomena summarized are still very reference.
Ma Ai pointed out two common warning signs of problems in intimate relationships: One is the escalating conflict. After marriage, due to various reasons, the two parties vary from different views to disagreements, from simple anger to quarrels, from verbal violence to physical violence, although noisy and peaceful, but the trend of contradictions is obviously escalated and the relationship develops viciously, you should consider Whether both parties are suitable for living together. The second is abnormal and persistent behavior. Under the premise that conflicts between the two parties are caused by emotional conflicts, conflicts of interest, conflicts of decision-making, conflicts of division of labor, etc., one party's behavior is always too abnormal, which is often a manifestation or cover-up of the other party's true attitude. The former manifested as indifference, verbal attacks, physical violence and abuse, etc.; the latter manifested as confession, diligence, withdrawal, caring, etc. This type is called "intimate terrorism" in criminal psychology. When an abnormal situation occurs, there are two possibilities. One shows the true face of Lushan and reminds the other party to re-examine the other party; the other is difficult to know the true face of Lushan, which requires the other party to learn more about the other party’s life history before marriage and judge the situation. Whether the performance is habitual or accidental.
Recently, a video blasted the Internet. A woman surnamed Liu in Shangqiu, Henan Province, married in 2017 and her husband repeatedly committed domestic violence against her after losing money from playing cards. In a domestic violence last year, Ms. Liu jumped out of the window on the second floor. paralysis.
Among the common symptoms of crime, domestic violence is often an important manifestation of inducing violence and crime in intimate relationships. Violence between family members is often secretive and shocking. Relying on the strength of the family or moral customs cannot contain the huge damage caused by violence.
Wang Dawei introduced that domestic violence is a capital H structure. One side is the perpetrator and the other side is the victim. The middle is related to domestic violence and criminal behavior. This includes the victim being persecuted for a long time and cannot tolerate it. Individual victims suddenly become assailants. By.
In this regard, Li Ying, deputy director of Beijing Zhenbang Law Firm and director of Yuanzhong Family and Community Development Center in Dongcheng District, Beijing, believes that a "zero tolerance" attitude should be established against domestic violence. The Anti-Domestic Violence Law clarifies three remedies for victims: one is to complain, report or seek help from the perpetrator or the victim’s unit, neighborhood committee, village committee, women’s union, legal aid organization, etc.; When the agency reports the case, the public security agency will issue a warning letter based on the situation at the scene. When the circumstances are serious, the offender will also be detained and fined. The third is to file a lawsuit with the people’s court. "At the same time, those who suffer from domestic violence or face the real danger of domestic violence can apply to the people's court for a personal safety protection order."
Coordinating all forces in the society to provide relief for the reconciliation of intimate relationships and the rights and interests of victims
Since the implementation of the Anti-Domestic Violence Law, the personal rights and interests of many victims of domestic violence, especially women, minors and the elderly, have been effectively protected. Judicial agencies at all levels, while severely punishing domestic violence crimes in accordance with the law, actively provide national judicial assistance, psychological assistance, and social assistance to victims of domestic violence crimes.
In March 2015, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the "Opinions on Handling Domestic Violence Criminal Cases in accordance with the Law", which stipulates the circumstances in which guardian qualifications should be revoked due to domestic violence and other acts.
In January of this year, the Supreme People’s Procuratorate and the All-China Women’s Federation issued the “Notice on Establishing a Cooperation Mechanism for Jointly Promoting the Protection of Women’s and Children’s Rights and Interests”, requiring procuratorial organs and women’s federations to establish a joint mechanism for the protection of women’s and children’s rights and interests. The procuratorial organ may issue procuratorial recommendations or initiate public interest litigation.
At the same time, all parts of the country are taking active actions to pay close attention to the issue of violence and crime in intimate relationships, and to explore more areas.
The "Regulations on Anti-Domestic Violence of Jilin Province" came into effect on August 1, opening up a "green channel" for victims of domestic violence, providing legal assistance and support in injury identification. At the same time, the judiciary also provides convenient services for victims of domestic violence to "go to the scene, to the family, and to the hospital bed, without transportation costs."
Seeing other people's domestic violence, do you want to "scream when the road sees injustice"? On July 28, the "Guangdong Province's Measures for the Implementation of the "Anti-Domestic Violence Law of the People's Republic of China" (Draft)" was submitted to the Standing Committee of the Provincial People's Congress for third review. ", the change from "the right to report to the public security organ" to "should report to the public security organ."
The problem will not be solved overnight. What measures are there to promote the healthy development of intimate relationships besides the rule of law?
Li Ying believes that social relief networks are an effective way to reconcile intimacy and the rights of victims. We should coordinate all aspects of society and establish a comprehensive social assistance operation mechanism involving multiple parties such as judicial organs, civil affairs departments, education departments, women's federations, communities, legal aid institutions, and medical institutions. The establishment of a professional family conflict mediation agency can not only resolve conflicts and disputes, but also protect the privacy of family members. "Happy families are similar, and unfortunate families have their own misfortunes. In the face of the complex family conflicts faced by different families, the mediation agency must listen to the demands of all parties patiently and meticulously, and figure out the ins and outs and the crux of the problem. It is also necessary to strengthen the professional training of mediators, clearly distinguish between situations suitable for mediation and direct support for divorce, adopt individual policies, prescribe the right remedy, and establish a domestic violence return visit mechanism to try to resolve contradictions and disputes in the bud, and prevent conflicts from worsening and triggering serious violent crimes. "
Wang Dawei finally stated that the guidance of core values must be continuously strengthened. In some cases, the parties disregard marriage and turn a deaf ear to the ethical, moral and legal obligations of mutual loyalty between husband and wife. Therefore, we must strive to promote correct marriage morals, treat marriage with loyalty, responsibility, and rationality, and consciously resist subcultures such as extramarital affairs.