Last night, I was preparing for a pre-trial conference in a major criminal case, and my sister sent me a link and said: I have never sympathized with the murderer, but can I help him this time?
The Putian Pinghai murder incident, which caused 2 deaths and 3 injuries, aroused the attention of public opinion. The criminal suspect Ou Mouzhong killed people for a reason, suspected of being bullied by neighbors for many years because of a dispute over the land of the house. Online information said that Ou Mouzhong had risked his life to rescue children who fell into the water and other righteous acts, his house was demolished and rebuilt, but he was blocked, complaints for many years were unsuccessful, a family has not been able to leave the tin house, so he rushed to the crown. This information is verified by some media from the side.
It was reported that at about 1 p.m. on October 10, a major criminal case occurred in Shanglin Village, Pinghai Town, Putian, Fujian Province, which resulted in 2 deaths and 3 injuries, and the victims were four generations of grandchildren. After investigation, Ou Mou, a 55-year-old man with a height of about 180cm, was suspected of major crimes, and then the local government issued a notice with a reward of 50,000 yuan to hunt down the suspect. The media said that the reason for Ou Mouzhong's murder was suspected to be due to a dispute over the construction of a house, and his new house was blocked by neighbors and nearby residents. Ou Mou applied to the local government in 2017 for the flip of the dangerous house, and after the new construction procedures were approved, the original 400 square meters of housing were all demolished, and 150 square meters were built in the same place, which has not yet been built. The neighbor's house is beautifully built, a small bungalow with more than 400 square meters and three floors.
Ou Mouzhong has an 89-year-old mother, and there is an unmarried wife and son, because of the obstruction of neighbors, resulting in the delay in the construction of the house, for 5 years, the family has been homeless for several generations, there is nowhere to live, and can only live in a temporary canopy. Although Ou has repeatedly petitioned multi-level departments and the police have also dispatched, but the help has been fruitless, he still needs to consult with the victim. Before the incident, the rain canopy where Ou Mouzhong lived collapsed due to a typhoon, and the fragments of the canopy fell into the home of the deceased, resulting in a dispute between the two sides.
Someone found a post posted on June 11, 2020 by the suspect in the beating of a certain suspect on the Internet, in which he said that his family had nowhere to live for five years, and even the eighty-nine-year-old mother was tortured, and every time he wanted to build a house for five years, he was smashed and blocked by the black force village bully group. The sentence "Five years have been asking the leader to save my whole family", which is unbearable. What is corroborated by this is that after the Putian Xiuyu District Government case, it issued a circular to strictly investigate the inaction of grass-roots cadres.
This is reminiscent of the case of the murder of six members of a certain family in Lin, Pingyi County, Linyi County, Shandong Province, on February 11 this year. Lin Moumou owed Liu Moumou six thousand yuan, but he never paid it back, Liu Moumou went to the door to ask for money many times, not only did not ask for money back, but also was repeatedly scolded, and the last time he was beaten. Liu Moumou, who was angry, finally destroyed Lin Moumou's entire family and then committed suicide.
Perhaps, someone will emotionally sympathize with the outrage killer and condemn the dead who caused the vendetta. Obviously, this irrational comment has no meaning within the scope of the law, because no matter how wrong the victim is, he will not die, and there are still many ways to resolve the contradiction, not necessarily the way to kill. No one has the right to use lynching unless there is a legitimate defence to unlawful obstruction. Two deaths and three injuries, the dead have children, must involve the innocent, if not mental illness, the death penalty has no suspense. Just like Zhang Buckle, the lawyer argues no matter how sensational, the intentional murder with bad circumstances can not escape the death penalty. The victim has a major fault, only one-on-one, one-to-many times this argument is invalid, the so-called unjust debt has a master, the child is innocent, the murderer must pay the price of life. Therefore, there is no way to sympathize with this kind of violence against violence, otherwise the authority of the law will be lost.
But we still need to reflect on the "legal nihilism" that prevails in grassroots social governance. Owing six thousand yuan, it is originally a private debt dispute, consultation does not achieve litigation, the litigation process can also be mediated, there are many ways to solve, not to go to extremes. When the construction of a house is blocked, it was originally a problem of neighboring rights, and even if it is not good, it is also a neighbor who picks quarrels and provokes trouble, but there is no way to complain. They may have thought about solving it through legal means, but found that either the cost of litigation is too high, or justice will be discounted, or it is too long and lengthy to be ineffective, so they return to the original jungle justice. Their cultural level, cognitive ability, and social circle are limited to the agrarian society's "you don't give me an explanation, I will ask for an explanation" solution, even at the cost of fighting with their lives. The law is not a weapon at all in their eyes.
Do not persuade others to be good without suffering. Some bureaucrats who sit in their offices drinking tea, smoking cigarettes and reading newspapers have no idea how difficult it is to defend their rights at the grassroots level and how difficult it is to return things to what they should have been. "You can sue", "You can collect evidence", "You can find the media to expose", this kind of words are light and fluttering, for them is tantamount to "why not eat meat", because Yang Jia, Zhang Buckle, Ou Mouzhong's level may not reach the height of ordinary netizens' thinking, and their ability cannot reach the height of most keyboard heroes, so all they can do is turn to grassroots leaders. The village director, the village branch secretary, the township chief, and the town mayor are their "Qingtian Masters", and they may not know that the door of the court is open to that side for a lifetime. In some places, corrupt and inefficient grassroots regimes may not be able to meet their demands, and can only mud and mud, and even in turn, aid and abett. The last sudden extreme event may stem from the last straw that overwhelmed the camel.
Chinese society has a very large administrative system, and the autonomy of villagers at the grass-roots level is the nerve ending that is most difficult to reach by the rule of law, but it is the most sensitive power setting for the people at the bottom of society. If a village chief embezzles and withholds collective distributions, and if a village secretary kills the people in yu meat township, the villagers may be disappointed in the entire social governance system from the bottom up. Even if they can petition, whether they intercept the petition or not, the petition will eventually be transferred back to the grassroots level, and the problem will not only not be solved, but may be retaliated against, and finally can only aggravate their frustration. So once the nerve endings of social governance fail, such an extremely bad event will not be the first one, nor will it be the last. The only difference between vicious events is that some are aimed at the strong who bully him, and some are retaliated against the weak who have no relationship.
There must be problems with the Putian Xiuyu District Government and the Pinghai Town Government in this case. The contradiction has a long history, it has not been resolved for a long time, and there is no reflection after the accident, and it strangely issued a reward notice, providing a reward of 20,000 yuan for the clues of the living, and a reward of 50,000 yuan for the discovery of the corpse. After all these years, who has forced people of good nature to the end of the road? And who snuffed out their hopes little by little? Are there certain bureaucrats besides neighbors? Poor child who died in vain. But is such a thing just a case in the vast countryside? I think that ou Mouzhong's arrest is sooner or later, and the death penalty is estimated to be no suspense, but if he is shot, will the problem be solved?