Harassing a 10-year-old girl after drinking and beating her parents, severe punishment shows the spirit of the law

Recently, some netizens posted a video saying that in Xinzheng, Zhengzhou, Henan Province, two men harassed the girl after drinking and beat the girl's parents. The details shown in the video, as well as the two notices issued by the Xinzheng Municipal Public Security Bureau on April 18, quickly attracted a lot of attention.

The second report said that the suspect Xu Mouhui (40 years old) was immoral after drinking, took the initiative to provoke trouble, and was suspected of picking quarrels and provoking trouble. At present, Xu Mouhui has been taken criminal compulsory measures by the police in accordance with the law, and the case is being further investigated. Earlier in the day, the first report said that Xu Mouhui said inappropriately to Lin's daughter after drinking, which caused Lin's dissatisfaction, and then a physical conflict occurred, causing injuries to both parties to varying degrees, and the injured had been discharged from the hospital after being sent to the hospital for treatment. The bureau has imposed 13 days of administrative detention on Xu Mouhui and 11 days of administrative detention on Liu and a fine of 500 yuan in accordance with the law.

Before and after the two notices, you can see that

The beater was changed from administrative detention to suspected of picking quarrels and provoking trouble, and was taken criminal compulsory measures by the police in accordance with the law, explaining the seriousness of the matter.

In accordance with the provisions of the "Administrative Punishment Law" and the "Public Security Administration Punishment Law", the punishment of administrative detention is generally less than 15 days, and where there are two or more violations of the administration of public security, separate decisions are to be made and combined enforcement, with a maximum of 20 days. According to Article 293 of the Criminal Law, the crime of picking quarrels and provoking troubles is punishable by fixed-term imprisonment of not more than five years, short-term detention or controlled release, which includes acts such as arbitrarily assaulting others and the circumstances are heinous.

Obviously, one is still in the category of administrative punishment, while the other is in the category of criminal punishment.

In public, the two assailants first verbally molested the 10-year-old girl, and after being stopped by the other party's father, they beat the girl's father again, with an arrogant attitude and bad behavior. If such an act is only an administrative punishment, it is obviously difficult to convince the public. In order to protect his children from illegal infringement, the father of the girl has the right to protect his legitimate rights and interests when the personal safety of himself and his family is threatened, and there is no premise for reconciliation.

Don't underestimate the anger of the evildoer. In the face of these acts, if they are not shown with sufficient force, the punishment will give people a sense of harmony.

In recent years, similar incidents have repeatedly caused controversy, largely because they do not accurately reflect the facts of the crime and the responsibilities of both parties. We have seen that if we blindly use words such as fights and fights to describe these incidents, it is easy to cover up the fault of the provocateurs and infringe on the legitimate rights of the victims. The discussion of justifiable self-defense in Article 20 of the Criminal Law and the controversy over mutual assault show that people want to see the law crack down on violent crimes in a more precise way.

The two circulars show that the local police have a clear understanding of these controversies, and such punishment is also in line with the society's call for severe punishment.

Source: Chao News