Source: Rule of Law Daily, Rule of Law Network
At this most important moment in life, the couple wants everything to be safe and smooth. However, some sudden "hiccupes" may disrupt this festive atmosphere.
Recently, two men in Hebei Province drove at 4 a.m. to block a wedding car and asked for 10 cigarettes. The behavior of the two men "lion mouthed" aroused strong dissatisfaction among the newcomers and their relatives and friends, and the two sides were deadlocked. In the end, in order to resolve the dispute as soon as possible and not delay the auspicious time, the groom compromised and gave 2 cigarettes, which was released.
After this incident was exposed, it triggered widespread condemnation from netizens. Netizens angrily denounced, "Isn't this a roadblock robbery?" and "This is extortion"; some netizens hit the nail on the head and pointed out that "being happy is an excuse, and it is true to blackmail people for money"; another netizen said that "customs cannot replace the law" and "this trend must not be long, and it must be stopped."
In fact, in order to please the bride and the newlyweds, some areas do have the wedding custom of stopping the wedding car on the wedding day to please candy or small red envelopes. However, for the sake of their own selfishness, some people turn "pleasing people" into "robbing while they are happy".
The reporter of the rule of law network noticed that before, the behavior of stopping the wedding car to ask for red envelopes has also aroused public attention many times, and related incidents have even appeared on Weibo hot searches.
During the 2020 National Day holiday, many elderly aunts and uncles gathered in several hotels and intersections in Huangchuan County, Xinyang, Henan. They wandered at the intersection and when they saw the wedding car passing by, they swarmed up and stopped the wedding car to demand red envelopes and cigarettes. If you don't give it, you will be stuck in front of the car and not let go, which makes many newcomers who do happy events miserable.
According to netizens, these old people also said that they would not let the wedding car pass if they did not give money, and even shouted that unless the driver dared to hit them directly.
Is it illegal to maliciously block a wedding car and ask for money? Zhou Di, a lawyer from Beijing Yingke (Shanghai) Law Firm, a member of the lawyer expert database of the "Rule of Law Daily," told a reporter from the Legal Network that in order to win money, a pack of candy or a few cigarettes is required to stop the wedding car. The newlyweds take the initiative to distribute happy cigarettes or candy to passers-by to show their joy, which is an independent act of the newlyweds and can be regarded as a gift within the scope of civil law. However, if one party takes advantage of the urgent situation of the newcomer for the purpose of illegal possession, and uses threats or coercion, or uses violence, coercion or other methods against the newcomer, it can easily be suspected of constituting a criminal offense.
Lawyer Zhou Di further analyzed that the crime of robbery is a crime with a relatively serious punishment in the criminal law of the mainland, and there is no requirement for the amount of the crime, and once the public or private property is robbed by violence, coercion or other means, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine. The crime of extortion shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release if the amount is huge or there are other serious circumstances, and the starting point shall be between 10,000 and 30,000 yuan, and fixed-term imprisonment of not less than 3 years but not more than 10 years; if the amount of criminal proceeds is not considered, repeated extortion shall also constitute a crime. In addition, if the illegal "pleaser" is only a general request, and the amount is not large, it is a general violation, and it may also face public security administrative penalties.
The reporter of the rule of law network noticed that there have been cases of being punished for maliciously stopping the wedding car to ask for property. In September 2019, at the intersection near New Century Plaza in Mizhi County, Shaanxi Province, seven men forced them to stop their wedding car and ask for red envelopes. Because the amount in the red envelope was too small, he continued to block the wedding car. In the end, seven people were administratively detained for five days for violating the Public Security Administration Punishment Law by begging in a way that harasses others.
During the National Day holiday in 2021, the Public Security Bureau of Xiangcheng City, Henan Province, continued to receive reports that many elderly people in the urban area forcibly intercepted the wedding car and demanded property. After collecting evidence from multiple parties, the Xiangcheng City Public Security Bureau detained three people, Wang, Han, and Wei, who stopped the car.
In addition, there have been places where such acts have been intensively rectified. In May 2019, the Xingping Municipal Public Security Bureau of Shaanxi Province issued a notice announcing that it was forbidden to block wedding cars and ask for cigarettes, alcohol and red envelopes in the city, and violators would be severely investigated up to criminal liability.
According to the circular, it is forbidden for any person to "stop the wedding car" in any way throughout the city, including setting up obstacles to block the wedding car, driving a vehicle to block the wedding car, stopping the wedding car in front of the standing car, stopping the wedding car from playing, asking for cigarettes, red envelopes, drinks or cash, and other behaviors.
If the wedding car is blocked in violation of the provisions of the public notice, and there are illegal acts such as disrupting traffic order, obstructing the normal operation of vehicles, forcibly demanding, extortion, picking quarrels and provoking troubles, etc., the public security organs will be administratively detained, and if a criminal offense is constituted, criminal responsibility shall be investigated in accordance with law.
Source: Internet
Lawyer Zhou Di pointed out that as a local management department, it should do a good job in the corresponding publicity and education work on the rule of law, with prevention as the first priority and punishment as the supplement, so that the people can realize the seriousness of the matter, know the marriage customs and the red line of violating laws and regulations, and give full play to the guiding role of the law;
"The pleasing thing is small, but because of the excessive behavior, it rises to the level of violating the law, and it can be punished by detention and fine, and severe criminal liability. I didn't get much to get it, and in the end I ended up in a lawsuit, which outweighed the losses. Lawyer Zhou Di reminded.
Topic selection and planning|Legal Network Research Institute
Text: Huang Meiling
Producer|Yu Yingbo
Editor|Li Sitong
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