Promoting the Law of Social Righteousness Cannot Concession to Lawlessness-Miao Shengming, Director of the First Procuratorate of the Supreme People's Procuratorate, answers reporters' questions on typical cases of non-arrest and non-prosecution of legitimate defense
In recent years, the issue of legitimate defense has aroused widespread public concern, reflecting the people's universal demands for democracy, the rule of law, fairness, justice, and security.
"What the people want, what the law follows", clarifying the boundaries of justifiable defense, and responding to the concerns of the masses is an outstanding and urgent task of the current judicial organs.
A few days ago, the Supreme People’s Procuratorate issued a typical case of non-arrest and non-prosecution for legitimate defense. Miao Shengming, Director of the First Procuratorate of the Supreme Procuratorate, answered reporters’ questions on related issues.
Reporter: What is the background of the Supreme People’s Procuratorate’s release of typical cases of non-arrest and non-prosecution of legitimate defense? What are the main considerations?
Miao Shengming: The
2017 Yu Huan case and the 2018 Kunshan "Longge" case have awakened the legitimate defense system known as the "sleeping clause".
In December 2018, the Supreme People's Procuratorate issued the twelfth batch of guiding cases specifically for the application of legitimate defense, which provided good guidance for judicial practice.
In recent years, procuratorial organs have handled a number of legitimate defense cases of high social concern in accordance with the law, such as the case of Zhao Yu seeing justice and bravery, the case of Hebei Laiyuan, the case of Dong Mingang in Xingtai, the case of Sheng Chunping in Zhejiang, the case of Tang Xue in Yunnan, etc., and timely response Social concern, and actively promote social righteousness.
Local procuratorial organs strictly implement judicial responsibilities, actively adapt to the new requirements of "integration of arrest and prosecution", handle legitimate defense cases in accordance with the law, and promptly make decisions not to approve arrest or not to prosecute cases that are deemed legitimate defense but not criminally liable in accordance with the law, and encourage legitimate defense Acting courageously and advancing social justice.
According to statistics, from January 2017 to April this year, procuratorial organs across the country determined that they did not approve arrests or prosecute 392 cases involving legitimate defense.
Among them, in 2017, 48 people were not approved for arrest, 54 people were not prosecuted, 55 people were not prosecuted; 91 people were not approved for arrest in 2018, a year-on-year increase of 89.6%; 101 people were not prosecuted, and the number of cases and the number of people increased by 87% and 83.6 respectively. %; In 2019, 187 arrests were not approved, a year-on-year increase of 105.4%; 210 arrests were not approved, and 212 people were not prosecuted. The number of cases and the number of people increased by 107.9% and 110% respectively, doubling in two years.
Behind the substantial increase in cases involving legitimate defense without arrest or prosecution, it fully reflects the courage and active actions of the judicial organs.
On September 3, 2020, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security jointly issued the "Guiding Opinions on the Application of the Rightful Defense System in Law" (hereinafter referred to as the "Guiding Opinions"). Requirements, specific application, and work requirements are three major aspects. It has made more comprehensive and systematic regulations for the accurate application of the legitimate defense system in accordance with the law, provided guidance for the "practical correction" of legitimate defense, and resolutely defended the rule of law that "the law cannot make concessions to the law." Spirit, safeguarding citizens’ legitimate defense rights in accordance with the law, and promoting social righteousness are of great significance.
In order to better and more accurately understand and apply the Guiding Opinions, the Supreme People’s Procuratorate issued typical cases of non-arrest and non-prosecution of legitimate defenses, further clarified the legal application of the legitimate defense system, unified law enforcement standards, and provided effective guidance for promoting strict law enforcement and justice.
The release of this batch of typical cases is mainly based on several considerations: one is to further interpret the relevant content of the "Guiding Opinions" to promote the full implementation of the "Guiding Opinions"; the second is to highlight the characteristics of non-arrest and non-prosecution cases by the case analysis method ; The third is to make more in-depth and specific explanations on some legal application issues and provide clear case handling guidelines; the fourth is to give play to the warning significance of typical cases and carry out vivid and vivid publicity of the rule of law.
Reporter: Generally speaking, what are the characteristics of the typical cases released this time?
Miao Shengming:
First, the types of cases are comprehensive.
This typical case includes both non-approval and non-prosecution cases.
Among them, two cases were not approved for arrest. The public security organ filed a case for suspected intentional injury and submitted for approval of arrest. The procuratorate considered it to be a legitimate defense after review and made a decision not to approve the arrest in accordance with the law. The defender was released or the case was dismissed; the case was not prosecuted. In 4 cases, the public security organs were transferred for review and prosecution for the crimes of intentional injury and death caused by negligence. The procuratorial organs considered that they constituted legitimate defense after review and should not be held criminally responsible and made a decision not to prosecute in accordance with the law.
The second is the typical guiding significance.
Although these 6 cases are all justifiable defenses, each case has its own focus.
For example, the case of Gao Mobo's non-prosecution for legitimate defense in Yichun City, Jiangxi Province mainly involved the determination of "obviously exceeding the necessary limit" in general defense.
The case of Wang Moumin's legitimate defense not approving the arrest in Jingchuan County, Gansu Province mainly involved the accurate understanding and grasp of the "on-going" and "attack" of violent crimes that seriously endangered personal safety.
The guiding significance of the case is also to further clarify the cause and conditions of defense, including the illegal infringement against the person, as well as the illegal infringement against the state or public interest or against others.
The accurate distinction between legitimate defense and mutual fighting is a key and difficult issue in judicial practice. The case of non-prosecution of legitimate defense by Yu in Jingshan City, Hubei Province made an accurate distinction.
The non-prosecution case of Zhou XX in Zongyang County, Anhui Province mainly involved the identification of special defense against rape.
The case further clarified the criteria for determining defensive behavior in rape cases.
The case of Geng Mouhua’s failure to approve the arrest for legitimate defense in Xinji City, Hebei Province mainly involved the determination of the defense to protect the tranquility of the house and personal freedom, and it was also a negative evaluation of illegal and violent demolition.
The non-prosecution case of Wen Moufeng in Ningxiang City, Hunan Province for legitimate defense mainly involves the determination of the defense of the joint offender, that is, the defender fights back against the ongoing joint illegal infringement, resulting in the death of the illegal offender with a lower degree of violence , Does not affect the overall judgment of defense strength.
The third is that the cause of the case is diverse.
From the cases cited above, it can be seen that the typical cases released this time involve both intentional injury, rape, illegal intrusion into houses, etc., as well as road traffic disputes, violent demolition, pyramid schemes, and other frequently issued or socially concerned situations , And strive to respond to social concerns in a timely and effective manner.
Reporter: How were the six typical cases released this time selected and considered?
Miao Shengming: In
order to make typical cases more instructive and demonstrative, we have collected more than 90 cases handled by procuratorial organs across the country in recent years, studied one by one, and initially selected 33 cases, and then selected 12 cases. After reviewing and soliciting opinions from relevant departments, 6 typical cases were finally determined and released.
After three rounds of screening, we also summarized the "legal gist" based on the "Guiding Opinions" on the legal issues involved in the case, and extracted the "typical meaning" based on the actual effect of the case.
It is worth noting that these cases are selected from common and frequently occurring cases in the society, involving illegal pyramid schemes, violent demolition, rape of women and other illegal and criminal activities, as well as the inability to properly handle marriage, family, road driving and other civil conflicts and disputes. Criminal cases highlight the performance and effects of procuratorial work, and are very typical in real life. They have both a good rule of law leading significance and a strong warning and educational significance.
Reporter: How to protect "justice not bowing to injustice", the procuratorial organ has given the answer through the above measures and effects. Then, in procuratorial practice, how to apply the legitimate defense system more precisely, and ultimately achieve the unity of law, reason, and emotion?
Miao Shengming:
Lawlessness is not enough.
The main guiding significance of these cases for judicial staff lies in the following: First, the judicial concept must be updated.
In practice, some judicial personnel are affected by the old concept of handling cases and often stay on the case, focusing only on the specific behavior of the perpetrator harming the illegal infringement, and not paying enough attention to whether the behavior is legitimate or excessive. Defenders’ urgency and nervousness when facing unlawful infringements, after the event, judge the perpetrator with calm, rational, objective and accurate standards under normal circumstances, and understand the behavior that should be regarded as legitimate defense as “violence with violence”, fundamentally The above reflects the lack of the concept of "legitimate defense".
At the same time, as a whole, there are sometimes differences in the understanding of the same case between different departments. In this regard, the staff of the judiciary must update the concept of legitimate defense at the same time to reduce the impact of differences in the concept on the fair handling of the case.
Of course, the public must also update their ideas. The old belief that "the injured must be punished and the injured is justified" is not always valid, and different situations should be treated differently.
The second is to improve judicial capabilities.
Accurately grasp the criteria for determining justified defense and excessive defense, fully understand the cause, time, and intention conditions of defense, collect and fix defense plot evidence in a comprehensive and timely manner, find out the causes and consequences, and handle the case fairly and according to law Lay the foundation of facts.
The third is to strengthen judicial responsibility.
Proper defense can effectively protect the country, public interest, personal, property, and other rights of oneself or others. At the same time, it also comes at the cost of causing damage to the unlawful infringer. Most of the consequences of such damage are either death or injury. In the process of handling a case, it is especially necessary to take responsibility In case of legitimate defense or defensive circumstance, it must be determined in accordance with the law, and strive to avoid situations that are reluctant or unwilling to take responsibility to transfer conflicts, resolve illegal infringers or relatives’ letters and visits, and resolve conflicts between related parties. jobs.
In short, in judicial application, it is necessary to make overall value judgments for the entire case, and strive to achieve the organic unity of law, reason, and emotion.
Reporter: In the typical cases released this time, the causes of legitimate defense involve rape, pyramid schemes, and illegal intrusion into houses. What warnings do these cases give the public?
Miao Shengming:
One is about the defense against violent pyramid schemes.
MLM crimes have continued to occur frequently in recent years. From the data in 2019, the prosecutors nationwide prosecuted 9683 people for organizing and leading pyramid schemes, ranking 30th in the number of criminal offences handled, slightly lower than the crime of intentional homicide.
Illegal pyramid schemes are often accompanied by serious violations of citizens’ personal rights and property rights, and are likely to breed criminals and crimes committed by underworld forces. Defenders are often unbalanced in their strengths. In the face of illegal infringements, if they do not take defensive actions, they may suffer serious violations.
For pyramid schemes that are accompanied by serious violence, on the one hand, we must severely crack down in accordance with the law to deter the crime and curb the spread of pyramid schemes; on the other hand, it is also necessary to use case and law popularization to support illegal infringements of pyramid schemes, especially violent injuries, to self-help citizens Self-defense, strengthen the confidence and determination of the people to resist, and create a safe and harmonious social environment.
The second is about the defense against rape crimes.
In 2019, the number of prosecutions of rape crimes by the prosecutors ranks 10th in the number of criminal offences handled, and the incidence has been high for many years, which has seriously violated women's sexual rights and physical and mental health, and some have lost their lives.
Therefore, it is necessary to continue to increase law popularization, better play the role of criminal law in preventing crimes, raise the people's awareness of protecting their own legal rights and interests in accordance with the law, fully protect and respect women's personal safety, and encourage them to bravely fight against illegal and criminal acts.
The third is the defense against crimes committed against intrusion into citizens’ houses.
The Laiyuan Anti-Killing Case, the Zhao Yu case of being brave for justice, and the Xingtai Dong Mingang case all involved illegal intrusion into citizens’ houses.
The right to housing is a basic right of citizens. As citizens’ awareness of the protection of housing rights continues to increase, their tolerance for illegal intrusion into housing is also declining.
In the identification of legitimate defense, illegal intrusion into citizens’ houses to commit violence and crimes of infringement of property more seriously undermines the sense of security of the defenders, aggravates the urgency of the actual danger, and also gives the defenders the legitimacy of their defensive behavior.
At the same time, publishing typical cases of legitimate defense can highlight the protection of residential safety by law, help improve the people’s sense of security, promote the formation of a social consensus that citizens’ housing rights are inviolable and strictly protected by law, and help further improve social governance. ability.
Reporter: The release of this typical case can be said to further strengthen citizens' confidence in safeguarding their legitimate rights and interests. Do you have any reminders or suggestions regarding the exercise of legitimate defense rights?
Miao Shengming: The release of this typical case is to respond to social concerns and make the handling of legitimate defense cases an open class on the rule of law for the whole people, achieving the effect of "handling a case and educating them" and protecting legitimate defenders and brave people. The lawful rights and interests of the People’s Republic of China and promote the spirit of the rule of law that "the law cannot make concessions to lawlessness."
Of course, as citizens, we must insist on the unity of rights and obligations, and we must not abuse the legitimate defense rights granted by the law to cause undue damages, so we must bear legal responsibility; especially for minor violations caused by civil conflicts, Proper resolution and reasonable avoidance should be given priority.
In case of unlawful infringement, if the conditions are met, priority should be given to the methods such as reporting to the police to resolve conflicts, prevent infringements, and resolve disputes as rationally and peacefully as possible.
For daily trivial disputes, we should try our best to empathize, understand each other, protect rights in accordance with the law, avoid escalation of conflicts, and jointly cultivate a modest, courteous, harmonious and orderly society.
Illegal and criminal acts that commit illegal infringements in the name of defense shall be dealt with in accordance with the law, and criminal responsibility shall be investigated in accordance with the law.
For significant and minor illegal infringements, if the perpetrator can directly use a method sufficient to cause serious injury or death to fight back, if the defense is obviously excessive, he shall bear the corresponding legal responsibility in accordance with the law.