laitimes

Should we sympathize with the killers?

author:Lawyer Mao in Guangzhou

Recently, the intentional homicide case of Ou Mouzhong in Putian, Fujian Province, has been committed for many days, the police have wanted him, the rest is to wait for the suspect to be arrested, and the next step is to enter the judicial process to investigate, prosecute, convict and sentence him. At present, the local monitoring commission has set up a working group to investigate the problem of "inaction"

From a legal point of view, this case is actually nothing to dispute, because of personal disputes, a knife slashed and killed the victim Ou A family of five (two deaths and three serious injuries), the crime is extremely malicious, the means are cruel, even considering his resentment against him for many years because he wants to build a new house and the victim has obstructed it for many years, the death penalty is still the only choice.

Many people on the Internet said that the suspect Ou Mouzhong has obtained legal approval procedures to build a new house, because of the inaction and indulgence of individual village cadres, so that the victim Ou Mou and other neighbors have been obstructing the suspect from building a new house according to law, and the suspect has asked for help in many places for five years without results, thus accumulating resentment. The implication is that even if the victim is not a village bully, his behavior against the suspect is similar to that of the village bully, and he died where he wanted. On the contrary, the suspect is a hero who eliminates harm for the people.

Lawyers say that this view on the Internet is actually very dangerous (this view is similar to "private relief", but private relief is due to the emergency, the public power did not have time to intervene, in order not to have more serious consequences, citizens are allowed to take certain reasonable measures, such as emergency avoidance, legitimate defense), but Ou Moujin's case, we can not see how critical his situation was at that time, and we needed him to take a knife to slash others to avoid more serious consequences. As part of the current society governed by the rule of law, as viewers of this case, we really cannot carry forward this kind of thinking.

The suspect claimed that he had been seeking help in many places for five years without success, but at present he has not seen any evidence that has been resolved through judicial channels, even the people's mediation committee or the people's court. Some people also say that it is because the inaction of individual cadres in the village has connived at the victims, so the suspects have no results in asking for help. However, we should note that the suspect's son is almost thirty years old, and according to the current era, young people in their twenties do not know how to defend their rights through judicial procedures.

It is also said that going to the court to go to the litigation procedure is protracted, and the suspect cannot afford to spend this time, but what we see is that this contradiction between the suspect and the victim has existed for five years, and the court handles the dispute according to the ordinary procedure, and the first trial is six months, and the second trial can produce results in three months, and moreover, the court for neighboring rights disputes is handled according to the summary procedure, and the trial period must be shortened by half. Therefore, the reason why the suspect did not take legal and reasonable measures to resolve the dispute and could not afford to spend time does not make sense.

Therefore, the suspect's means of handling contradictions is not worthy of our praise, and his current experience is even less worthy of our sympathy.

Finally, we have to appeal to the grass-roots government officials and elders everywhere to stop treating those neighboring disputes in the village and the community with indifference, especially if the contradictions are long-term involving rebuilding houses and installing elevators, even if you find someone to take them to the court for consultation, or find the staff of the judicial office to explain the legal provisions to them. Many neighborhood disputes can actually be eliminated in your daily work.

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