Recently, a woman was riding a high-speed train
For stopping the bear child from hitting the back of the chair
Slapped by the opposing parent's and counterattacked
The matter has raised concerns
May 7
The woman posted on social media
No settlement is accepted and no compensation is required
Stop the "bear child" on the high-speed train
The woman returned fire after being slapped by her parents
According to previous reports, on May 2, a woman posted a video saying that she was riding alone on the high-speed train that day, and five people sat in the back row, including two adults and three children. During the train, the child kept playing games, hitting the back of the chair he was sitting on several times. The woman said she turned back to stop her because she could not tolerate the child's repeated impact on the back of her chair. His behavior in stopping the child caused dissatisfaction among the child's parents, and the two sides quarreled. During the dispute, the child's parents slapped the woman, who also fought back.
On the same day, a media reporter interviewed a passenger in the same compartment as the woman, Ms. Gu (surname). Ms. Gu introduced that at that time, she was taking the G6276 train, which started at Mount Emei and ended in Guangyuan, passing through Chengdu, Mianyang and other places. Ms. Gu said the clash between the two sides was indeed caused by the bear child hitting the back of the chair. Another passenger on the same train told reporters that at that time, when the train crew was in the process of mediation, the two sides had a physical conflict.
On May 3, the child's parents called the police and the woman involved was summoned. The woman believed that the child's parents were at fault first, and that they should be the main responsible party by cursing and beating others first, so she refused to settle.
In the end, the police determined that the two parties constituted a "mutual assault", and imposed an administrative penalty of 200 yuan on the woman who returned the beating and 500 yuan on the child's parents.
Screenshot of the woman in question on TikTok
During the police mediation process, the child's mother reportedly wanted to settle because they, as the main party at fault, would face greater penalties. But the beaten girl strongly disagreed, saying that she was "willing to bravely bear everything I should bear" (that is, a fine of 200 yuan administrative punishment), and must let the other party get the punishment it deserves.
In the early morning of May 7, the woman posted a video online again, saying that she was already applying for an administrative review. The blogger also said that she always felt that if there were many people who were the first to maliciously hit people, if they could be reconciled by crying and apologizing, then anyone who slapped them in the future could cry and cry and reconcile without consequences, and she couldn't convince herself as a result.
On the morning of the 7th, a media reporter asked the police about the relevant facts of the case and the reconsideration, but did not receive a clear response. In recent days, reporters have tried unsuccessfully to contact bloggers several times.
Related topics rushed to the hot search
Netizens are hotly discussed: support not reconciliation
May 7
Related topics rushed to the top of the hot search
Many netizens support no reconciliation
Some netizens made suggestions
I would like to set up a carriage with children
There are also many netizens who said
The consequences of the punishment cannot be understood
So, what is a mutual fight?
According to the Guiding Opinions on Properly Handling Minor Injury Cases in accordance with Law published on the website of the Ministry of Public Security:(9) Accurately distinguish between legitimate defense and mutual assault 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, whether it used obviously disproportionate violence, and whether it gathered others to participate in fights, and accurately determine the criminal suspect's subjective intent and nature of conduct. In the event of a dispute over trivial matters, neither party can exercise restraint and a fight arises, and if the party at fault takes action first and the means are obviously excessive, or if one party takes action first and continues to infringe while the other party is trying to avoid conflict, and counterattacks one party and causes injury to the other party, it shall 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.
Lawyer's Viewpoint:
The scale of police handling is appropriate
Ye Zhen, a lawyer at Hubei Mingshen Law Firm, believes that this incident, from the perspective of many netizens, the blogger may be somewhat innocent. She was first harassed by the bear child, and then slapped by the other party's parents and then fought back, and she faced each other alone, which is easy to arouse everyone's sympathy.
However, from a social and legal point of view, this process is a mutual beating, and the behavior of both parties violates the Public Security Administration Punishment Law. From the perspective of the amount of punishment, the more fines that start first, and the less penalties that return the hand, the scale of police handling is appropriate, reasonable and legal.
Ye Zhen felt that the blogger's behavior was understandable, but if there was such an encounter, a better choice was to seek help, such as asking for help from the police, train conductors and other people who maintained order on the train, rather than fighting violence with violence.
Ye Zhen said that for such non-malignant and low-harm incidents, the police will generally recommend that the two parties settle, and administrative punishment will not necessarily be imposed after settlement. Once the administrative punishment is issued, the relevant information will be registered in the system of the public security organ, and this illegal record is accompanied for life. Ye Zhen said that if he is not satisfied with the punishment result, the blogger can conduct an administrative reconsideration or litigation against the relevant authorities.
(Source: Qilu Evening News)