Jimu news reporter Zhang Wanjun
Because he told the elderly patient Pu not to eat greasy food, resulting in his low mood, Wang Xiang, a doctor at the Hanshan County People's Hospital in Anhui Province, and the patient's son Yu mou had a dispute, pushing and physical conflict, in which Wang Xiang was fractured.
For "beating others," Wang Xiang was sentenced to 3 days of administrative detention by the Hanshan County Public Security Bureau (not yet enforced). Wang Xiang successively filed an administrative reconsideration or lawsuit with the Ma'anshan Municipal Public Security Bureau, the Ma'anshan Yuhua District Court, and the Ma'anshan Intermediate People's Court, requesting that the punishment decision be revoked. In May 2021, the Ma'anshan Intermediate People's Court issued a ruling revoking the police's decision to punish Wang Xiang. In August 2021, the Hanshan County Public Security Bureau made a decision not to punish Wang Xiang.
Just when Wang Xiang thought that the matter was finally over, a few days ago he received a notice of response from the Anhui Provincial High Court, which made the matter make waves again.
The doctor was detained for 3 days for "beating others"
The judgment shows that on the morning of March 30, 2020, Wang Xiang, a cardiovascular physician at Hanshan County People's Hospital, was on duty to inspect the room, and found that Pu Mou, a female patient in his eighties, was eating sesame oil mixed with dried silk, so he told him not to eat greasy food. Soon, when Pu's son Yu came to visit his mother, he found that she was depressed and inquired about it because he was affected by Wang Xiang's advice. After Yu and Wang Xiang met in the ward, there was a verbal altercation, and then they pushed and dragged each other.
In the process of pushing and shoving between the two sides, Wang Xiang punched Yu in the eye once or twice. When Yu was ready to fight back, he was hugged by the families of other patients in the same ward, so he kicked Wang Xiang's left knee with his foot, causing him to sit crookedly in a chair. Later, after diagnosis, Wang Xiang's left knee fracture was identified as a minor injury of the second degree.
After the incident, the local police intervened in the investigation and determined that the actions of the two sides were mutually abusive. On April 26, 2020, the Hanshan County Public Security Bureau decided to punish Wang Xiang with three days of administrative detention on the grounds that he had "beaten others." At the same time, Yu was also sentenced to 7 days of administrative detention. However, due to the epidemic situation, the punishment of both men has been suspended.
After the conflict, Wang Xiang was treated in the hospital for three months for his leg injury, after which he rested at home for three months before returning to work until October of that year.
On November 3, 2021, Wang Xiang told Jimu News that it was difficult for him to accept after receiving the administrative punishment decision letter at that time, and he did not sleep well for a week, and his psychological pressure was very high.
After two appeals, the court revoked the penalty decision
Dissatisfied with the administrative punishment decision of the Hanshan County Public Security Bureau, Wang Xiang filed an administrative reconsideration with the Ma'anshan Municipal Public Security Bureau and requested that the punishment decision be revoked. On June 28, 2020, the Ma'anshan Municipal Public Security Bureau made a reconsideration decision: uphold the administrative punishment decision.
After that, Wang Xiang filed an administrative lawsuit with the Yuhua District Court of Ma'anshan City, requesting that the administrative punishment decisions and reconsideration decisions of the Hanshan County Public Security Bureau and the Ma'anshan City Public Security Bureau be revoked. On December 31, 2020, the Yuhua District Court of Ma'anshan City rendered a first-instance judgment rejecting Wang Xiang's litigation claims. According to the first-instance judgment, the court held that Wang Xiang's claim that his conduct was legitimate defense was inconsistent with the spiritual essence of legitimate defensive behavior, and that the punishment decision of the Shan County Public Security Bureau was legal.
Dissatisfied with the results of the first-instance judgment, Wang Xiang appealed to the Ma'anshan Intermediate People's Court. On May 14, 2021, the Ma'anshan Intermediate People's Court found that the first-instance application of law was wrong, revoked the judgment of the court of first instance, revoked the administrative punishment decision of the Hanshan County Public Security Bureau, and revoked the administrative reconsideration decision of the Ma'anshan Municipal Public Security Bureau. The Ma'anshan Intermediate People's Court held that although Wang Xiang's conduct was an act against the administration of public security, its circumstances met the circumstances of the above provisions where the circumstances were particularly minor and no punishment was imposed, and the administrative punishment decision made by the Hanshan County Public Security Bureau was wrong in the use of law and improper punishment, and should be revoked according to law.
On August 26, 2021, the Hanshan County Public Security Bureau issued a decision not to impose administrative penalties on Wang Xiang. Wang Xiang's heart that had been hanging on finally calmed down, and gradually returned to normal work and life.
The doctor receives another notice of response
However, a recent notice once again broke Wang Xiang's normal life. On October 24, Wang Xiang received the Notice of Response to the Administrative Application for Retrial of the Anhui Provincial Higher People's Court issued by the Anhui Provincial High People's Court. The notice shows that the Hanshan County Public Security Bureau applied to the High Court for a retrial because it was not satisfied with the judgment made by the Ma'anshan Intermediate People's Court, and the High Court has already filed a case for review.
According to the application for retrial provided by Wang Xiang, the Hanshan County Public Security Bureau held that the circumstances of Wang Xiang's violation of the administration of public security found by the Ma'anshan Intermediate People's Court to be particularly minor, that it was an error in the determination of facts, and that the application of law was also wrong, and asked the High Court to revoke the intermediate court's judgment.
On November 3, Wang Xiang told Jimu News that his two-punch behavior at that time was an instinctive stress reaction and an act of self-defense under the circumstances at that time, "After the incident, my psychological pressure was very great, and I did not calm down until the second-instance judgment came out." After receiving the response letter recently, I had insomnia every night, and the psychological pressure was very great, which was difficult to accept the practice of the Hanshan County Public Security Bureau. ”
On November 3, a staff member of the Political Engineering Section of the Hanshan County Public Security Bureau told Jimu News that he did not understand the matter and suggested that he learn from the colleague in charge of publicity, but did not provide the contact information of the publicity colleague.
A staff member of the Ma'anshan Municipal Public Security Bureau told Jimu News that they had no information to release to the public for the time being.
Wu Zhengping, a lawyer at Hubei Shouyi Law Firm, introduced that the retrial is to correct erroneous judgments and rulings that have already taken legal effect, and to re-try the case in accordance with trial supervision procedures. According to the provisions of the Administrative Procedure Law, if a party to a case in the original trial is dissatisfied with the outcome of the original trial judgment, it may initiate the procedure by applying for a retrial, and if a higher level people's court discovers that a judgment of a lower level people's court that has already taken legal effect is truly in error, it has the right to arraign or order a lower level people's court to retry. Therefore, the Anhui Provincial Higher People's Court's acceptance of the application for retrial by the Hanshan County Public Security Bureau complies with the law, but whether to be arraigned by this court or ordered to be retried by a lower court still needs to be decided by the collegial panel organized by the High Court to notify both parties to express their opinions and review the evidence.
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