On December 14, the case of sprinter Zhang Peimeng who was administratively detained by the police for beating his mother-in-law caused heated discussions.
On August 24, 2020, during the separation from his wife, Zhang Peimeng came to her mother-in-law's house to pick up her daughter. In the process, her mother-in-law was injured by Zhang Peimeng, and the police assessed her injuries as minor. On December 28 of the same year, in accordance with the Public Security Administration Punishment Law, the Daoli Branch of the Harbin Municipal Public Security Bureau imposed an administrative penalty of 5 days of administrative detention on Zhang Peimeng.
Since then, Zhang Peimeng has repeatedly submitted administrative reconsiderations, and the police have suspended his administrative detention. The Daoli District People's Court of Harbin City and the Intermediate People's Court of Harbin City successively held court hearings and rejected Zhang Peimeng's litigation claims.
On December 11, 2023, Zhang Peimeng was sentenced to administrative detention by the police, and the Harbin police coordinated with the Beijing Municipal Police to enforce the sentence in another place, and the enforcement period was 5 days.
Due to the wide social impact caused by this case, many readers have many questions about the case. To this end, the morning newspaper reporter interviewed Zhang Li of Beijing Yingke Law Firm Shanghai Law Firm to give a professional interpretation of the case.
Q Morning News: Zhang Peimeng beat her mother-in-law 3 years ago, why did the administrative detention wait until 3 years later?
A Lawyer Zhang Li: According to previous reports, on December 14, 2020, sprinter Zhang Peimeng was administratively detained by the police for beating his mother-in-law, but on December 11, 2023, Zhang Peimeng was executed by the Beijing Municipal Police in another place. Why is it so long after a decision to be processed?
Because Zhang Peimeng was dissatisfied with the police's administrative punishment decision, applied for administrative reconsideration, and filed an administrative lawsuit, the interval between enforcement and enforcement was so long.
According to Article 44 of the Administrative Litigation Law of the People's Republic of China (2017 Amendment), for administrative cases that fall within the scope of the people's courts, citizens, legal persons or other organizations may first apply to the administrative organs for reconsideration, and if they are not satisfied with the reconsideration decision, they may file a lawsuit with the people's court, or directly file a lawsuit with the people's court.
Article 81 of the Administrative Litigation Law stipulates that the people's court shall make a first-instance judgment within six months from the date on which the case is filed. Where there are special circumstances that require an extension, the High People's Court is to approve it, and where the High People's Court hears a first-instance case that needs an extension, the Supreme People's Court is to approve it. Article 88 stipulates that a people's court hearing an appeal case shall make a final judgment within three months from the date of receipt of the appeal petition. Where there are special circumstances that require an extension, the High People's Court shall approve it, and where the High People's Court hears an appeal case and needs an extension, it shall be approved by the Supreme People's Court.
Zhang Peimeng's dissatisfaction with the administrative punishment went through the administrative reconsideration procedure, the Harbin Daoli District People's Court of the first instance for six months, plus the Harbin Intermediate People's Court of the second instance of three months, as well as the trial time limit for the administrative litigation to file a lawsuit, the time of transfer of the case and other factors, including the superposition of the new crown epidemic factors, etc., so there is a certain reasonableness in the implementation after a lapse of about three years.
Q Morning News: According to media reports, Zhang Peimeng has submitted administrative reconsideration at least twice in three years, and the police have suspended his administrative detention, according to which relevant legal provisions?
A Lawyer Zhang Li: Paragraph 2 of Article 73 of the Administrative Punishment Law of the People's Republic of China (revised in 2021) stipulates that if a party is dissatisfied with an administrative punishment decision restricting personal liberty and applies for administrative reconsideration or initiates an administrative lawsuit, he may apply for suspension of enforcement to the organ that made the decision. Where the circumstances provided for by law are met, enforcement shall be suspended.
Enforcement of administrative punishments restricting personal liberty may be suspended in the course of a party's initiation of an administrative reconsideration or administrative lawsuit.
Q Morning News: Some voices on the Internet believe that because Zhang Peimeng is a celebrity, he was not executed into "administrative detention" until 3 years later. In response to such voices, do ordinary people enjoy the same rights of administrative reconsideration when they encounter similar cases?
A Lawyer Zhang Li: The Administrative Punishment Law of the People's Republic of China and the Administrative Litigation Law are generally applicable to citizens, and they will not be given special care because Zhang Peimeng is a famous sprinter.
Q Morning News: The Daoli Branch of the Harbin Municipal Public Security Bureau imposed a "five-day administrative detention punishment" on Zhang Peimeng, what is the basis for the punishment? What is the sentencing standard for a son-in-law to beat his mother-in-law?
A Lawyer Zhang Li: Zhang Peimeng's assault in this incident should not have met the standards for filing a criminal case, and the standard for filing the crime of intentional injury is the victim's disability level, which has been assessed as a minor injury or above.
According to the 2023 edition of the "Grading of the Degree of Disability Caused by Human Injuries (Standards for Determining Disability Levels)" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, the cause of injury must be above minor injuries before a case can be filed.
According to the first paragraph of Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" (2012 Amendment), whoever assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and shall be fined not less than 200 yuan but not more than 500 yuan;
Q Morning News: Thoughtful: The punishment letter stated: "The Daoli Branch of the Harbin Municipal Public Security Bureau coordinates with the Beijing Municipal Public Security Bureau to enforce it in different places." What is the legal basis for "execution in other places"? Has Zhang Peimeng been administratively detained in Beijing?
A Lawyer Zhang Li: According to the second paragraph of Article 220 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs" (revised in 2020), if a person who has been decided to be administratively detained is captured in a different place or has other circumstances that require enforcement in a remote detention center, it may be enforced in another place with the approval of the competent public security organ in the remote detention center.
For persons who have been sentenced to administrative detention, the public security organ that made the decision is generally sent to the detention center for enforcement. In view of the fact that Zhang Peimeng's place of residence may be in Beijing, the public security organ of his place of residence will carry out the operation in a different place, and there is a legal basis for this operation, which not only saves judicial resources, but also facilitates the administrative punishment of the person who has been punished.
Q Morning News: In view of the fact that Zhang Peimeng has been informed of the fact that he beat his mother-in-law under the premise that his wife complained about cheating and domestic violence during pregnancy, does this violate China's Law on the Protection of Minors?
A Lawyer Zhang Li: According to Article 15 of the Law of the People's Republic of China on the Protection of Minors (2020 revision), the parents or other guardians of minors shall learn Xi family education knowledge, accept family education guidance, and create a good, harmonious and civilized family environment. Other adult family members living together shall assist the minors' parents or other guardians in raising, educating and protecting the minors.
For minors, parents are the first teachers, and their words and actions can have a significant impact on their children. In divorce proceedings, including child custody cases, some parties may have incorrect beliefs that fighting for children and hiding the children is more conducive to obtaining custody of the children.
But they often forget that in the process of fighting for children, it can actually cause more harm to children. For the child, both parents are equally important, and it is not possible to be raised by only one parent and refuse to allow the other parent to participate in the child's development.
Q Morning News: What are the provisions of mainland law on the protection of minor children during the period when parents apply for divorce?
A Lawyer Zhang Li: Article 108 of the Law of the People's Republic of China on the Protection of Minors (2020 Revision) stipulates that if a minor's parents or other guardians do not perform guardianship duties in accordance with the law or seriously infringe upon the lawful rights and interests of the minor under guardianship, the people's court may, on the basis of the application of the relevant person or unit, issue a personal safety protection order or revoke guardianship qualifications in accordance with law.
Parents or other guardians whose guardianship qualifications have been revoked shall continue to bear the cost of child support in accordance with law.
If one of the parents commits acts that harms the minor, or seriously violates the minor's physical and mental health, the court may take a safety protection order or revoke the guardianship.
Q Morning News: How can the rights and interests of minor children be protected in this family dispute case?
A Lawyer Zhang Li: The mainland has always attached great importance to the protection of juveniles, from the earliest Youth Protection Law to the complete Juvenile Protection Law, we can see the sound and perfect process of the rule of law.
The mainland has the Anti-Domestic Violence Law of the People's Republic of China, which has complete procedural provisions on the prevention of domestic violence, the handling of domestic violence, and the application for personal safety protection orders.
Article 33 of the Anti-Domestic Violence Law of the People's Republic of China stipulates that if the perpetrator commits domestic violence and constitutes a violation of the administration of public security, he shall be punished by the administration of public security in accordance with the law;
The Anti-Domestic Violence Law uses the practice of social mobilization and supervision, and schools, kindergartens, medical institutions, residents' committees, villagers' committees, social work service organizations, aid management agencies, welfare organizations and their staff need to report domestic violence and violations of the rights and interests of young people to the public security organs. There is a mechanism for community and public security linkage.
【History】
On August 24, 2020, during the separation from his wife, Zhang Peimeng came to her mother-in-law's house to take away her daughter. In the process, her mother-in-law was injured by Zhang Peimeng, and the police assessed her injuries as minor.
On December 28, 2020, in accordance with the Public Security Administration Punishment Law, the Daoli Branch of the Harbin Municipal Public Security Bureau imposed an administrative penalty of 5 days of administrative detention on Zhang Peimeng.
After that, Zhang Peimeng submitted an administrative reconsideration, and the police suspended his administrative detention. According to the "Administrative Reconsideration Decision", Zhang Peimeng claimed that there was no act of beating his mother-in-law, that this case was a dispute over marriage and family, that Zhang Peimeng's behavior of holding back the child did not violate the relevant provisions of the administrative law, and that the 5-day administrative detention did not conform to the principle of administrative reasonableness and should be revoked in accordance with law.
On May 8, 2021, the Harbin Municipal Public Security Bureau made a decision to maintain the original 5-day administrative punishment. According to the Harbin Municipal Public Security Bureau, Zhang Peimeng committed illegal acts in the process of taking the child, using violent means to beat her mother-in-law. According to the testimony of the relevant parties and the injury diagnosis and other evidence, it was confirmed that Zhang Peimeng had beaten his mother-in-law, so the Harbin Municipal Public Security Bureau gave Zhang Peimeng a corresponding punishment.
After that, Zhang Peimeng continued to file an administrative lawsuit with the court, requesting an order to revoke the administrative punishment of the Harbin Municipal Public Security Bureau's Daoli Branch and the Harbin Municipal Public Security Bureau's decision to uphold the five-day detention. Subsequently, the Daoli District People's Court of Harbin City and the Intermediate People's Court of Harbin City held court sessions and rejected Zhang Peimeng's litigation claims.
On December 11, 2023, Zhang Peimeng was sentenced to administrative detention by the police, and the Harbin police coordinated with the Beijing Municipal Police to enforce the sentence in another place, and the enforcement period was 5 days.