More than 20 years ago, a 13-year-old rural teenager in Hanzhong, Shaanxi Province, witnessed his mother fighting with his neighbors and being beaten to death, leaving a shadow in his soul and sowing the seeds of revenge.
When the teenager grew up, he served as a soldier for two years, and after retiring from the army, he has been working outside the army and rarely returns home.
The only time he was in love in his life, when the two parties entered the stage of talking about marriage, he said to his girlfriend: "I still have big things to do, I can't get married" and then broke up.
At the end of 2017, he sneaked back to the village, and on the day of the Chinese New Year's Eve, he killed the three fathers and sons of the neighbor's family who had a fight with his mother on the spot, and two days later, he voluntarily surrendered to the police station.
So, how did this case, which spanned 22 years, happen and how did it end? Let's look down together.
【Brief Introduction of the Case】
In Wangping Village, Hanzhong City, Shaanxi Province, villagers Zhang Furu and Wang Zixin were neighbors, and at first the two families had a good relationship.
Later, because of the contract for the rice processing plant in the village, a contradiction arose. Contracting the factory is more profitable, and both companies intend to contract and do not give in to each other.
Later, the two families reached an agreement, first contracted by the Wang family for two years, and then contracted by the Zhang family after expiration, who knew that after the expiration of the contract period, the Wang family privately paid the rent to the village committee in advance and continued to be contracted by their family.
Zhang Furu's wife, Wang Xiuping, is an acute child and often quarrels with the Wang family over this matter.
On August 27, 1996, when Wang Xiuping was passing by Wang's house, she saw Wang Zixin's second son Wang Houjun at the door of his home (Wang Zixin had three sons, the eldest son Wang Xuejun and the third son Wang Zhengjun), so she rolled her eyes and spat at him, and was scolded and slapped by Wang Houjun, and the two then grabbed and tore each other.
Wang Zixin and his third son Wang Zhengjun, who were in the house, immediately ran out after hearing the fight outside, and then, on Wang Xiuping's side, her husband Zhang Furu, daughter and 13-year-old son Zhang Koukou also arrived at the scene.
The two sides gradually evolved from persuasion and grabbing to a scuffle of seven hands and eight feet, and in the melee, Wang Zixin's third son, Wang Zhengjun, was provoked after being beaten by Wang Xiuping a few times, picked up a wooden stick, and hit Wang Xiuping in the head.
After the two sides saw Wang Xiuping fall to the ground, they stopped fighting, and then under the mediation of village cadres, they sent Wang Xiuping to the hospital, but died due to ineffective rescue.
All this, 13-year-old Zhang Buckle witnessed the whole process on the side, and his mother was beaten to death, leaving a heavy shadow in his soul and planting the seeds of hatred.
After the incident, the police took away the three fathers and sons of the Wang family who participated in the fight that day, and then according to the forensic evaluation conclusion, Wang Zhengjun, who caused Wang Xiuping's death and gave him a fatal blow, was criminally detained, and the other two were released to go home.
Finally, because Wang Zhengjun was under the age of 18 at the time of the crime, and the deceased Wang Xiuping was at fault, the court sentenced Wang Xinjun to 7 years in prison and compensated the Zhang family more than 9,600 yuan.
This result, in Zhang Koukou's heart, also believes that it is unfair, and there is no justice for his mother.
Since then, Zhang Koukou's personality has changed greatly, and he has been silent all day. After graduating from junior high school, he chose to become a soldier.
Zhang Koukou retired from the army after two years as a soldier, and he did not return to his hometown, but worked outside and traveled to many places. During this time, he would occasionally come home to visit his father and give him some money.
When father and son met after the age of thirty, once his father asked him if he had a woman he liked, and after a moment of silence, he said to his father, "Dad! Sorry ha. ”
In fact, he once talked about love, and when the two reached the stage of talking about marriage, he said to the woman: "I still have big things to do, I can't get married." Then offered to break up.
The shadow of her mother's death in childhood has never dissipated, and the seeds of revenge for her mother have begun to sprout.
The complete activation of the evil revenge plan in Zhang Buckle's heart was an accidental event. In 2017, when he was working abroad, after seeing a local person being bullied, he took a knife at night and hacked the people who bullied him during the day to death one by one, without mercy.
On February 15, 2018, the lunar Chinese New Year's Eve, Zhang Koukou returned to his hometown, carrying a sharp knife that had been prepared and began a revenge plan.
At noon that day, when the two brothers of the Wang family's eldest wang xuejun and the old third wang Zhengjun returned from the grave to worship their ancestors, Zhang Koukou had been waiting for a long time, and he suddenly rushed out from the shadows, first stabbed Wang Zhengjun in the neck from behind, and then stabbed him several times in the chest and abdomen, killing him on the spot.
Then he caught up with the panicked and fleeing boss Wang Xuejun, and stabbed him with a knife, and Wang Xuejun died soon after.
After killing the eldest brother of the Wang family and the third brother, Zhang Koukou entered Wang Zixin's home with a knife, at this time, Wang Zixin did not know that his two sons had been killed, and was preparing a Chinese New Year's Eve meal at home.
After Zhang Koukou saw Wang Zixin, he didn't say a word, and went forward to stab Wang Zixin with a knife and kill Wang Zixin in his home.
After doing this, Zhang Koukou burned the car parked in front of Wang's house and left.
Two days later, early in the morning, on the morning of February 17, 2018, Zhang Buckle, who knew that he would not be able to escape death, ate the last bowl of noodles in his life outside, walked into the door of the police station and surrendered himself.
In 2019, the court of first instance sentenced Zhang Koukou to death for intentional homicide and intentional destruction of property. After the first-instance judgment was issued, Zhang Koukou appealed on the grounds that he was "avenging his mother, there must be a cause and an effect, and it is not a matter of doing nothing."
On April 11, 2019, after the Shaanxi Provincial Higher People's Court held a hearing on his appeal, the court pronounced a judgment rejecting the appeal and upholding the first-instance death sentence, and soon after, with the approval of the Supreme People's Court, zhang Koukou was executed.
【Lawyer's Opinion】
This case is typical of "small contradictions causing big disasters." "Actually, it can be avoided.
On the one hand, in order to contract the rice processing plant in the village, the Zhang and Wang families, who were originally in a harmonious relationship, had reached an agreement, but the Wang family did not keep their promises and lacked the spirit of the contract, thus sowing disasters.
If the Royal Family had abided by the agreement, there would have been nothing else.
Later, there was a fight between the two families, and the old third Wang Zhengjun, who was a minor in the Wang family, somehow injured Zhang Koukou's mother, resulting in her death, at this time, if the Wang family took the initiative to take responsibility, actively compensated, and obtained the understanding of the Zhang family, perhaps, there was no regret behind.
After the teenager Zhang Buckle is stimulated, abnormal changes in personality occur, if the school, family and society, any of them can be found in time, intervene, counsel and correct, there will be no irreparable tragedy.
The main significance of the repetition of the old case in this article is to learn lessons through this case and avoid the recurrence of similar incidents.
In this case, Zhang Buckle, the teenager suffered the blow of losing his mother, the shadow of childhood, lingering for a lifetime, living in the pain of avenging his mother, which makes people feel a thousand emotions.
However, in a modern civilized and rule-of-law society, lynching is prohibited, personal revenge is opposed, and any illegal deprivation of the lives of others is a crime and should be severely punished by the law, no matter how "legitimate" the motive!
Therefore, although this case has a short life, completely lived in pain, and finally paid with his life, the serious crimes he committed are unforgivable, and even more unforgivable!
Let's analyze his "crime and punishment" together.
I. There is no doubt that the act of killing the three fathers and sons of the Wang family in this case constitutes the crime of intentional homicide. In addition, how to view its burning of cars?
In this case, the defendant Zhang Koukou "avenged his mother", killed three people on the day of Chinese New Year's Eve, illegally deprived others of their lives, and the consequences were particularly serious, constituting the crime of intentional homicide according to law.
For the crime of intentional homicide, according to the provisions of our criminal law, it shall be punished by death, life imprisonment and fixed-term imprisonment of not less than ten years.
The defendant in this case, there is no doubt that the death penalty should be applied.
In addition, how should we evaluate the act of burning the car after killing people?
According to the criminal law of our country, the crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, and the circumstances are serious.
In the present case, since the crime was not related to his intentional homicide, there was no criminal competition, and it was a separate act, it independently constituted the crime of intentional destruction of property, and should be punished together with the crime of intentional homicide.
This, although it seems superfluous in terms of sentencing, since the mere crime of intentional homicide is sufficient to impose the highest penalty, the death penalty.
However, this reflects the rigor and science of the law, which is reflected in the judgment according to law, and is a manifestation of the criminal law and procedural justice.
Second, how to view the case of Zhang Koukou's mother being beaten to death in this case, and what impact does it have on the subsequent Zhang Koukou intentional homicide case?
The fight that year led to the death of Zhang's mother, Wang Xiuping, from the perspective of the criminal part, there was no impropriety.
At the time of the crime, the fight between the two sides, first caused by Wang Xiuping, was her provocative behavior, which triggered a fight between the two families.
During the fight, the third Wang Zhengjun of the Wang family, who was less than 18 years old at the time, did not move first, but only picked up a wooden stick after being provoked by Wang Xiuping twice, and somehow hit Wang Xiuping, causing him to be injured, and then the rescue was ineffective and died.
Judging from Wang Zhengjun's conduct, it should be the crime of intentional injury, causing the consequences of causing death, as a aggravating circumstance.
However, because he was under the age of 18 at the time of the crime, he shall be given a mitigated or mitigated punishment in accordance with law. At the same time, because the victim himself was at fault, Wang Zhengjun could be given a lighter or mitigated punishment in accordance with the law, so the court finally made a comprehensive consideration and sentenced Wang Zhengjun to 7 years' imprisonment, which was not improper.
However, for the civil compensation part, the original zhang family's litigation claim was 250,000 yuan, and finally only supported more than 9600 yuan, and the Zhang family only received 1500 yuan in compensation after removing the burial expenses of more than 8100 yuan, which is puzzling.
Perhaps, because the result of the case was not in place, it left an unfair impression on the Zhang family, and also formed a bad stimulus to Zhang's young mind.
III. In this case, what is the validity of the agreement between Zhang and Wang on contracting a rice processing plant? Is it legally binding on the village council?
In this case, the agreement between the Zhang and Wang families on contracting a processing plant in the village did not conform to the provisions of the General Principles of The Civil Law at that time, and the agreement deprived and restricted the legitimate civil rights of the parties, because whether to contract the processing plant of the village committee was the right to decide, so it did not have legal effect.
In particular, for the third-party villagers' committee, the agreement is even less legally binding, and the villagers' committee's renewal of contracts with the Wang family and the continuation of the contract after the expiration of the previous round of contracting period is in accordance with the law.
However, putting aside the law, the Wang family's hand is indeed not authentic and lacks the spirit of the contract.
Fourth, some people say that the defendant in this case, Zhang Koukou, committed a heinous crime, which is a mental illness caused by the psychological shadow of childhood, and his father bears an unshirkable responsibility.
The tragedy of this case is indeed due to the psychological stimulation at an early age, the failure to get timely counseling, resulting in psychological distortions, and his life, since the age of 13, has been completely rewritten.
This teenager, for the rest of his life, lived in pain and suffering, and the former cheerful teenager was gone, replaced by a man who was silent, melancholy and gloomy all day, and had a heavy heart, and I don't know how many nights there had been, midnight dreams, tears wetting his pillow towel.
All this, if after he loses his mother, his father can give him care, in his growth on the road of life, timely guidance, help him establish a correct outlook on life, his life path, is not like this at all.
Therefore, whether it is Zhang Buckle's father or the school, in this regard, there is a lack, do you think?
However, no matter what, the heinous crimes committed by Zhang Koukou cannot be forgiven and should be punished by law.
What are your views and suggestions on this case? Welcome to leave a message to discuss, the comment area below is more exciting!
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I am Zhou Lawyer, pro bono law popularization, welcome attention, together with the case.