"Lantern Assessment", the most cruel ending is in Singapore, very cold-blooded, but I admire it
Original Half Baiyun Ye Tan Finance 2024-04-09 09:55
Morning Mist / Repost
Text/Half White Clouds
After the heat of one thing has passed, and then we discuss it, and if we peel off the coat of emotion, we often have different feelings.
China is a traditional humane society, especially in rural China, how to solve a matter that does not touch the law, mainly depends on the state of human feelings, and even depends on whether the person concerned is a local surname.
Within the bottom line delineated by the law, natural principles and human feelings and secular normalcy are more effective and normalized choices for Chinese people when doing things. Only under the protection of human affection and traditional culture can the rule of law be supported and implemented from the heart.
(Source: pixabay)
U.S. Federal Appellate Judge Posner has studied the prerequisites for the implementation of the law, and culture and law are often not the same thing.
In China, Professor Zhu Suli of Peking University has studied this issue and has concluded that regulations that are incompatible with cultural soil are often not implemented.
For example, when a society sets up a court, it naturally hopes that the court will resolve disputes, but this does not mean that the court has the ability to resolve all disputes. For example, whether a daughter who marries outside the family has the right to claim the distribution of the inheritance of her parents of origin, Chinese culture is "the water spilled by the daughter who marries", but with the transformation of the social structure, more and more women are demanding their rights, what should I do?
An online video can be fermented into a social hotspot, and it generally has huge emotional value.
At this time, it is necessary to follow the spirit of craftsmanship in the law, as Professor Zhu Suli said, to let the facts speak, and always maintain the awe of common sense and sensitivity to various cases.
01
Fact first, the timeline of lantern damage assessment says it all
To judge a matter is to restore the truth as much as possible. From the timeline of the lantern assessment so far, we can see one or two.
According to the notice issued by the Bingxi Sub-district Office of Yushan County on March 29, it is roughly as follows:
On September 5, 2023, Chen accompanied his child to study and rented Guo Moulin's house with a monthly rent of 1,200 yuan;
On September 27, Chen and his co-tenant Wu Moumou went to the Dongmen Village Committee to report that they wanted to return the rent because of the conflict between the child and Guo Moulin when they went up and down the stairs, but Guo Moumou refused to return the rent and deposit on the grounds that the furniture was damaged;
The landlord, Guo Moulin, made a list of 16 items, with a total compensation of 10,884.95 yuan.
(Image source: Internet invasion and deletion)
After several consultations organized by the village committee, the two parties reached an agreement on October 8, 2023, under which Chen and another tenant each paid the landlord Guo Moulin 2,000 yuan in compensation, a total of 4,000 yuan.
Since then, the two sides have once again escalated due to a verbal dispute, and with the release of the video, it has become a national hot spot.
On April 3, the Yushan County Joint Investigation Team issued a notice:
On the evening of March 22, 2024, Guo Moulin had the behavior of smashing a brick at Chen, which had violated the "Public Security Administration Punishment Law of the People's Republic of China", constituting intentional injury, and the public security organs imposed administrative detention and a fine on him in accordance with the law.
Guo Moulin listed the "10,000 yuan compensation list", there are problems such as unreasonable inspection methods and unreasonable compensation requirements, and after education, Guo Moulin has now returned the "compensation".
After verification and confirmation, there is illegal construction of the house involved, and the relevant departments will deal with it in accordance with laws and regulations, and the staff who do not perform their duties will be seriously held accountable.
At this point, Guo Moulin has been partially punished for his actions. He was administratively detained, fined, and refunded in compensation, and in the future, he may be demolished for illegal construction.
At the same time, some rumors imposed on Guo Moulin were cleared up.
Guo Moulin did not refuse to pay for the decoration, nor was he a local tyrant. According to the local report, he was resettled in the Dongcheng resettlement area of Yushan County in November 2016 due to the demolition of the urban village, and a five-and-a-half-story house was completed in August 2017.
Through media interviews, it can be seen that Guo Moulin is shrewd, has a very impulsive personality, is not tactful, and will never make concessions in money and suffer losses.
Guo Moulin is full of secular shrewdness and traditional tactfulness, and it is estimated that he believes in whoever has the loudest voice and who is reasonable. It is possible that he thinks that he is very reasonable in assessing the damage of the lantern, otherwise, it is impossible for him to allow the tenant to record a video during the damage assessment.
At this point, the background of the two sides has been revealed, and it is impossible for the relevant parties to risk credit damage and a sharp decline in the local economy for the sake of two ordinary people, and the truth of this matter can be revealed.
This is confirmed by the fact that Yushan County has set up an investigation team in full swing, and they hope to properly handle it as soon as possible so that the matter can be turned over as soon as possible.
02
Logically, the most likely story looks like this
Why would an ordinary person make such bizarre behaviors as carrying lanterns and taking bricks to shoot people?
There is only one possibility, and the landlord's behavior in the past has repeatedly gotten the results he wants. The problem was that the matter went off track, exceeded the expectations of everyone on the ground, and had to be dealt with in the spotlight in full view.
(Source: pixabay)
It is estimated that the reason why the landlord carried the lantern to assess the damage at that time was that the relationship with the tenant was already very tense, and the second was to make up for the loss of rent.
Mr. Dong, a late-stage tenant interviewed by the media, said that the rental contract of the local school district is generally signed every six months or a year, "although this matter has serious problems with the landlord from the moral and legal level, but the tenant has to quit the rent in just over half a month, and the landlord's loss is definitely not small."
"The fall semester of primary school starts on September 1, and tenants usually sign or renew their contracts with their landlords in July and August, after which it is difficult to rent out the houses in that area. If you quit in mid-to-late September, the house is likely to be idle for half a year. ”
Suppose Chen rents for half a year, then the landlord's psychological expected loss is 6 times 1,200, which is 7,200 yuan, and if he rents for one year, then the psychological loss is 14,400 yuan. In addition, there are also co-tenants whose rents will be blown away by the wind.
Because the house can be rented out again after half a year, the landlord set his objective loss at about 7,000 yuan.
So, why did the village committee member make the tenant compensate 4,000 yuan with the mud?
Again, judge with logic. First, the landlord is from the village, and probably many people from the village and even members of the village committee rely on rent to subsidize their families, and such compensation protects the interests of the local landlord and makes it appear that the village committee is its own person; second, the "gross estimate" of the losses of both parties, holding that both sides can accept such a compensation amount, and also compensates the landlord for part of the actual loss of the vacant period of the rent.
The local village committee immediately responded to the media's answer, which was very much in line with their own psychological perception: "There is no blackmail of tenants. The tenant also had a problem and was compensated part of the amount. ”
At this point, the traditional rules of the village and the landlord have triumphed, and everyone can accept it, and the matter seems to have been mediated.
But the landlord did not accept it when he saw it, and the relationship between the two parties was obviously tense, so that there was still friction after the compensation, and in the end, Guo Moulin went into battle with bricks, Chen sent a video, the situation was out of control, and the county directly came forward to set up an investigation team.
If it was in the jungle society in the past, then it should be stopped at the level of the village committee, which is the so-called local trivial matter by the gentry autonomy, because the grassroots village committee that understands the local rules of conduct has already made a decision, and everyone can follow it.
The development of the lantern damage assessment incident shows that the earth is flat, and the Internet has partially disintegrated the violent foundations of the underlying groups, and the bricks and fists have failed.
(Source: pixabay)
03
Singapore's handling of female influencers is worth learning from
On October 10, 2023, female Internet celebrity Han Moumou had a bad day.
She was out for a drink that night and was hit by a substitute driver, and the car crushed her instep. Han Moumou went crazy, took her to the hospital on behalf of the driver, and then left under the pretext.
Because the female Internet celebrity is said to be very angry when she speaks, she is not a critical patient, and after a "long" (two hours) wait, she still can't be treated, so she spits fragrant mouth and makes a fuss in the hospital.
The nurse was ineffective in reassuring her, but she was verbally abused, and immediately called the police, and the police inquired about the case.
By this time, the nature of the incident had changed, and everything she said and did would become evidence in court.
(Source: pixabay)
But Han Moumou is still noisy, does not follow the rules and does not wear a mask, she keeps emphasizing that nurses and hospitals discriminate against her, a Chinese, not giving her the opportunity to see a doctor, and trying to forcibly tear up police documents. At this time, Han Moumou began to take photos and videos of investigators and posted the videos on the Internet, which later proved that many of her stories were made up.
Even though her feelings of being discriminated against were very real, her actions were in violation of the laws of Singapore. Singapore has clear legal provisions on verbal abuse of government officials and service industry workers, which is considered an offence and can result in imprisonment in serious cases.
After a thorough investigation, the female Internet celebrity was found to have gone home drunk on the night of October 3, insulted the security guard who came forward to help her, and was taken away by the police for investigation, and was also exposed to violating the profession she was engaged in and violating the requirements of a Singapore work visa.
Female Internet celebrities posted videos on social media, crying about their grievances, and the matter received a certain degree of attention in China. But after a series of investigation conclusions were exposed, the person who spoke for her disappeared, and the incident became more and more restored to its original appearance.
Han Moumou could have chosen to solve the problem in a legal way and assert her rights, but she chose to make noise, shoot videos, incite emotions, and violate local laws many times.
This is probably the original style of this Internet celebrity, which must have brought her a lot of benefits in the past and became her code of conduct, but this time, she kicked the iron plate.
On October 25, 2023, a Singapore court sentenced her to five weeks and five days in prison and a fine of S$600 for a total of eight counts, including one count of public nuisance, two counts of contravention of the Prevention of Harassment Act, three counts of contravention of the Private Security Industry Act, and two counts of contravention of the Manpower Act.
Han Moumou turned off the fire, and she had to apologize for her behavior.
If she continues to be noisy, she faces up to four years in prison. After the judge pointed out that if she voluntarily pleaded guilty, the two charges could be dealt with leniently, the female Internet celebrity "pleaded guilty" in front of everyone, and she paid a bail of 15,000 yuan, which was approved by the judge to be released on bail.
There are similarities between the female Internet celebrity incident and the lantern damage assessment case, because the two sides of the small incident cannot be reconciled, and the solution of one party is to make a big noise, splash and roll, or even carry bricks on the field, and the other party relies on video to speak for itself.
(Source: pixabay)
The logic of the Singapore court's handling is very clear, the first thing after the incident is to investigate the truth, and the second is to deal with the corresponding law according to the results of the investigation, and will never take any advantage because of the noisy, fierce and incendiary emotions of one party.
Singapore's approach can be learned, but it may not be replicated in China. Singapore is a special case in the Oriental Confucian cultural circle, under the rule of Lee Kuan Yew, the original soil of human affection has been dug up, and the foundation of the rule of law has been changed.
According to Singapore's handling method, the handling of lantern damage assessment incidents is much simpler.
The landlord and tenant follow the contract, and if there is a dispute over the amount of damages, and the two parties cannot reach an agreement, they can go to court to settle it. If one party is dissatisfied and continues to entangle, it is suspected of violating the law, and the other party can file a lawsuit.
Obviously, China's cultural soil is different, and it is impossible to act in accordance with Singapore's methods, not to mention that the two parties involved have not thought of the police, let alone go to court for this matter.
04
The human feelings and legal logic of lantern damage assessment
In the case of damage assessment of lanterns, the tenant was dissatisfied with the amount of compensation, and the two parties could not reach a negotiation, so the tenant first approached the village committee.
At this point, the mediation process begins. Because the cost of using the law is too high, mediation is a common procedure before entering the legal process, and the mediator can be the village committee, street, property, police station police officer or even a judge in the court to discourage divorce, they play the role of parents and gentlemen in traditional society.
Mediation is a common means of dispute resolution in a humane society and seems to replace the summary legal process.
(Source: pixabay)
The mediation model should be combined with the local cultural soil, and the mediator's own ideas play a fundamental role. For example, in the lantern incident, the village committee's views were based on human feelings, interests, local customs, etc., and made a plan that suited their own vision.
The parties initially accepted the mediation as evidence that the tenant had paid the compensation, but there was an ongoing dispute between the two parties, and the landlord eventually acted aggressively, resulting in the village committee's mediation being overturned.
In the conclusion made public by the investigation team, it was proposed that Guo Moulin's inspection method was contrary to common sense and the compensation claim was unreasonable, but it was not illegal.
In the process of handling this matter, I did not see any legal awareness on both sides, nor did I see the intervention of the court after the matter became a big problem, let alone the professional organization to assess the damage of the house.
In fact, the treatment of compensation has been vague until now, and how to deal with it in the future is still a difficult problem. In the future, when this kind of thing happens, the village committee mediates or not, and if so, who has the final say on the amount?
Guo Moulin's real trigger point for violating the law is smashing bricks, which has evidence and laws to follow, and can be punished by public security.
Guo Moulin's biggest loss is his house, and the illegal house has to be demolished, which is probably his biggest asset, and it will be damaged now.
This treatment shows the determination of the local government, because Guo is not the only one who has built five or six floors in the local area.
The punishment for this incident is equivalent to stabbing a hornet's nest, thankless. The locals complained about it and didn't want to mention it, saying that everyone had to live, and all of these reactions were reasonable.
(Source: pixabay)
Although Simpson could not be convicted because the evidence was tainted, the court upheld a civil lawsuit filed by Simpson's ex-wife Brown and Goldman's family, and Simpson had to pay huge civil damages until the family went bankrupt and justice was achieved on the other side of the coin.
Justice Posner has said that the law is not always logical, and thankfully.
In the lantern damage assessment incident, if there is no follow-up landlord's angry patting, whether legally or economically, I am afraid that the lantern damage assessment will not be the same thing.
(Disclaimer: This article is an objective analysis made by Ye Tan Finance based on public information, and does not constitute investment advice, please do not use it as an investment basis.) ）
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Information source: 2024-04-09 WeChat public account Ye Tan Finance
ID:tancaijing
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