In March 2020, in Ma'anshan, Anhui, Wang Xiang, a doctor at The People's Hospital of Hanshan County, was depressed because he instructed the patient Pu to pay attention to his diet, and the patient Pu's son Yu found Wang Xiang's theory. The two sides argued and shoved each other in the ward. In the process, Wang Xiang first hit Yu's eye with his fist, and then Yu kicked Wang Xiang's left knee, causing him to fracture after falling out of balance and sitting.
In response to this incident, the Hanshan County Public Security Bureau determined that Wang Xiang's behavior had constituted beating others, and Yu and Wang Xiang were punished by the Hanshan County Public Security Bureau in Anhui Province for 7 days and 3 days of administrative detention respectively. Later, Wang Xiang filed an administrative reconsideration with the Ma'anshan Municipal Public Security Bureau, requesting that the punishment decision be revoked. He pushed himself first, and his own counterattack should be self-defense. After the Ma'anshan Municipal Public Security Bureau upheld the punishment decision after reconsideration, Wang Xiang took the Hanshan County Public Security Bureau and the Ma'anshan Municipal Public Security Bureau to court.
The court of first instance found that the doctor acted first and did not constitute legitimate defense
The Yushan District Court of Ma'anshan City found that on the morning of March 30, 2020, when Wang Xiang, a doctor at Hanshan County People's Hospital, was on duty to inspect the room, he found that the 29-bed patient Of His Tube Bed, Pu Mou, was eating dry silk with a lot of sesame oil, so he said something to Pu, including that the elderly could not eat such greasy food and Pu Mou himself was not willing to listen, and then Wang Xiang left the ward to continue to check the room, and returned to his office after the inspection. Pu Mou had already reflected the low mood situation when Wang Xiang spoke to him. Yu came to the ward to visit his mother Pu, Yu found that his mother was depressed after entering the room, so he asked the reason, Pu told his son Yu that Dr. Wang Xiang said something that made her mood depressed when she ate. Yu mou saw the situation and left the ward to find Dr. Wang Xiang unsuccessfully and returned to the ward. Later, Wang Xiang heard in his office that some of the patient's family members were looking for him, so he returned to Pu's inpatient ward.
After Yu met Wang Xiang, he made a verbal theory. In the process of continuous theory between the two sides, verbal disputes gradually arose, which then developed into the behavior of both sides pulling and shoving each other.
In the process of the two sides pushing and shoving each other, Wang Xiang first punched Yu In the eye once or twice, and when Yu saw that he wanted to fight Back Wang Xiang, he was held by Jin Mouming, a family member of other patients in the same ward, from behind yu's two arms and body. In this case, Yu used his foot to kick Wang Xiang's left knee and caused Wang Xiang's body to sit on a chair in the ward.
At this time, Gu Mou, director of the Department of Cardiology of Hanshan County People's Hospital, also came to the ward after hearing the movement of the ward, and Gu saw the situation, that is, he pulled Yu and Wang Xiang apart with others, and no new disputes occurred between the two sides. After that, Wang Xiang called the police, and after receiving the police at the Huanfeng Police Station of the Hanshan County Public Security Bureau, he sent police officers to the scene to deal with it. On the afternoon of the same day, Wang Xiang felt swelling and pain in his left knee with limited mobility, and his medical treatment showed that he was fractured.
In December 2020, the Yushan District Court of Ma'anshan City held that Wang Xiang's first move in this incident did not constitute legitimate defense, and rejected his litigation claim.
The court of second instance found that the application of law in the first instance was wrong and revoked the administrative detention penalty for the doctor
The Ma'anshan Intermediate People's Court found that the reason for the dispute between Wang Xiang and the patient Yu X was Wang Xiang's medical advice to Pu Mou, and Wang Xiang was a proper performance of his duties. From the cause of the incident, after Wang Xiang and Yu had a verbal dispute about the patient's condition and diet, both sides were more emotional, at this time, Yue made a finger Wang Xiang and pushed the behavior, when the two pushed, Wang Xiang punched a punch under The left and right eyes of Yue, which was an agitation in each other's pulling. From the perspective of the consequences of the injury, Yue X described his injury as "nothing was done and did not see (doctor)", and the onlooker stated that "Wang Xiang hit Yue X once or twice under the eye, which should not be heavy", "Yue X nose bridge is a little red", Wang Xiang's behavior did not cause serious harm to Yu X.
Judging from the background of the incident, March 2020 is a critical period in the national fight against the new coronary pneumonia, and more respect and trust should be given to the performance of doctors.
In summary, although Wang Xiang's behavior is an act of violating the administration of public security, its circumstances conform to the situation in which the circumstances in the above provisions are particularly minor and no punishment is imposed, and the administrative departure made by the Hanshan County Public Security Bureau is wrong in applying the law, and the punishment is improper, and it should be revoked according to law.
In August 2021, the Ma'anshan Intermediate People's Court rendered a final judgment revoking the administrative punishment imposed on Wang Xiang by the appellee, the Hanshan County Public Security Bureau, on April 26, 2020.
On August 26, 2021, the Public Security Bureau of Hanshan County, Anhui Province, served Wang Xiang with a decision not to impose administrative penalties, deciding not to impose administrative penalties on Wang Xiang.
After the Hanshan County Public Security Bureau lost the second-instance trial, it applied for a retrial
On November 2, Wang Xiang told the Ersanli Information reporter that he received a notice from the Anhui Provincial High People's Court on October 24 to respond to the administrative application for retrial, which stated that the other party applied to the Anhui Provincial High People's Court for a retrial because the other party was dissatisfied with the administrative judgment made by the Intermediate People's Court of Ma'anshan City, Anhui Province, and the Anhui Provincial High People's Court has filed a case for review.
Wang Xiang said that after winning the second trial, he was ready to apply for a work injury certificate on this matter, and he did not expect that the Hanshan County Public Security Bureau would apply for a retrial.
Wang Xiang said that in addition to responding to the lawsuit, he had not yet thought about what to do next. At present, the matter has been reported to his hospital and the Health Commission.
23 Mile Information will continue to pay attention to this matter.
Huashang Daily reporter Hao Jinlong Editor Zhang Jinpeng