Recently, a dispute over electric vehicle parking spaces in Nanjing has sparked widespread discussion. According to Suzhou Radio and Television Xiaoyu Video, a netizen was accused of occupying a parking space and not allowing him to park an electric car downstairs when he went to play with friends on May 16, and was verbally threatened. This incident has sparked heated discussions among netizens, and at the same time, it has also attracted attention to the law on the protection of minors.
"I'm under 16 years old, so I can't be sentenced to death!" Minors verbally threaten electric vehicle disputes
According to the netizen in the video, when she was looking for friends in a community, she found that there were many empty spaces in a carport, so she parked her battery car in it. However, the boy's mother came to accuse the woman of the carport, arguing that the carport could only be parked by the residents of Unit 2 and that the woman should park her car at the location of Unit 3. The woman said that there were still many empty spaces in the carport and that she had not heard of the rule, so she decided to park her car here to find a friend.
Subsequently, the boy returned and witnessed an argument between the woman and his mother, who began to beat and curse the woman with a stick and attempted to blow up the other party with a lighter. In the video, the boy has an arrogant attitude, saying that he is under the age of 16 and cannot be sentenced to death, and threatens to hack the woman to death with a knife. During this time, the boy's mother seemed to be preventing him from beating and scolding the other person.
"I'm under 16 years old, so I can't be sentenced to death!" Minors verbally threaten electric vehicle disputes
Subsequently, the woman called the police, and when the police arrived, they took the boy's mother to the police station and gave them a critical education. On May 17, the woman said that her clinical diagnosis showed chest injuries, upper limb injuries and skin contusions, and that she would protect her rights and interests through legal channels.
In response to the incident, Fu Jian, director of Henan Zejin Law Firm, said that because the boy was underage, the Public Security Administration Punishment Law could not detain him, but could impose a fine on him. At the same time, the woman can sue the boy, and the liability for the tort lies with his guardian. According to Article 1118 of the Civil Code, if a person who lacks or has limited capacity for civil conduct causes damage to others, his guardian shall bear tort liability.
"I'm under 16 years old, so I can't be sentenced to death!" Minors verbally threaten electric vehicle disputes
Fu Jian said that the scope of protection for minors in mainland law is very broad, with education as the mainstay, punishment as the supplement, and the general principle of age division of responsibility and ability. However, with the precocious maturity of minors' minds and bodies, age can no longer be the only measurement factor, and more factors should be introduced for comprehensive judgment. The trend of juvenile delinquency at a younger age and the increase in the number of heinous cases require the mainland to push forward the construction of relevant laws and regulations as soon as possible to meet the needs of social development.
Fu Jian stressed that the Law on the Protection of Minors is not only a law to protect offenders, but also considers the key role of punishing crimes and educating the people. Although the protection of juvenile delinquency under the law mainly takes into account the fact that their behavior is inconsistent with their minds and provides opportunities for rehabilitation, the reality is that the precocious maturity of juveniles' minds makes it inappropriate to convict and sentence based on age. At the same time, the public should also enhance their legal awareness, and as guardians of children, they should truly fulfill their guardianship responsibilities in order to avoid the occurrence of tragedies.