After my rebirth, I became the son-in-law of the Provincial Party Committee Secretary
Chapter 606: Acting bravely for justice, no case will be filed
Is it a heroic act or excessive self-defense?
This controversial issue, with the deliberate guidance of several well-known influencers, immediately attracted the attention of the majority of netizens.
Based on the simple sentiment of "good is rewarded with good, and evil is punished with evil", most people active in the comment section supported and praised the behavior of the food stall owner Guan Mousheng.
"It must be a heroic act. That scumbag has already injured someone with a knife. The food stall owner is just stopping crime!"
"After the beating occurred, Boss Guan and the waiter immediately rushed over to stop it. What a man from Northeast China!"
"Although, that Sun Mouwei is dead, that is also a life. No matter what, the food stall owner has killed someone!"
"That scumbag deserved it, and he doesn't deserve sympathy even if he dies."
Looking at the replies in the comment section, Yao Xin narrowed his eyes, thought for a while, then quickly tapped the keyboard with both hands and posted a comment under his own account.
"According to informed sources, the Anping City Public Security Bureau has decided to investigate the legal responsibility of the food stall owner Guan Mousheng. I can only express my deep regret for this.
Although the criminal law has made provisions for "legitimate defense", past cases have shown that once a situation occurs that results in death, judicial authorities will basically judge the behavior of the person who bravely performed the heroic act as "excessive defense."
We can't help but reflect on why fewer and fewer people are brave enough to do what is right when faced with violent crimes? It is because the law does not give these brave people the justice they deserve, which makes more and more people feel disheartened! As a result, the public is increasingly doubting the fairness of the law! "
It's still the classic rhetoric of "according to insiders", as to whether there is a so-called "insider", or whether this "insider" really knows the truth, or whether he is spreading rumors... Sorry, that has nothing to do with me, I am only responsible for making crooked comments.
I have to say, Yao Xin's operation was very good.
Soon after she posted her comment, she received a flood of replies.
What? 'I admire you, you are such a wise man! ' 'You hit the nail on the head! '
What? I just laughed. Is there any justice in the current law? "Just wait and see. Guan Mousheng will be sentenced to at least three years!" "Three years? Three years is a good start. Anping City will say that the life of a murderer is also a life!"
……
In the office of the municipal party secretary, the new secretary Ren Ziqiang is screening out some key public opinions on the Internet and reporting to Secretary Zhou.
Among them is this comment by Yao Xin.
Secretary Zhou couldn't help but smile after hearing this. He looked up at Ren Ziqiang and asked, "Do you think this 'jumping out of the three realms' makes sense?"
Ren Ziqiang thought about it carefully and felt that the first half of the comment about insider revelations was definitely nonsense, but some of the views expressed in the latter part about the determination of "legitimate defense" in judicial practice did make sense.
"Secretary, from my personal point of view, there are indeed some points worth discussing in the application of the legitimate defense system in judicial practice across the country. Including our city's judicial organs, it seems that they still tend to believe that 'death is the greatest' and 'human life is of paramount importance'; especially in those cases that are difficult to define and on the edge of 'ambiguity', the judgment of 'legitimate defense' becomes increasingly difficult to make!"
Ren Ziqiang answered cautiously.
In May this year, he succeeded Liang Xingjian, who had been appointed as the mayor of Dongji County, and became Secretary Zhou's secretary.
To be honest, he never thought that he would be so blessed.
He was the deputy mayor of Lingyun Town, Nangu County. One day, he suddenly received a call from the county magistrate Wang Liping, and then the Municipal Party Committee Organization Department wanted to talk to him. Then he went to report to the Municipal Party Committee in a daze.
Later he found out that it was Secretary Zhou who accidentally saw an article he wrote in the party newspaper and personally mentioned his name.
Secretary Zhou also said to him humorously: "Heaven's movement is vigorous, and a gentleman should strive to be self-reliant. You and Liang Xingjian are in the front and the back, so it's just right for you to be my secretary."
"You're right. Although this guy's butt is crooked, what he said may make sense." Zhou Yi looked at his secretary with admiration.
After all, he will be the secretary-general of the provincial government in the future. It is impossible that he has no knowledge at all.
"So, being brave is being brave. Everything should be based on facts and legal provisions, rather than whether someone has died as a necessary premise and criterion."
This was Zhou Yi's idea, and it was also his response to the request of Zhao Songhai, deputy secretary of the municipal party committee and secretary of the Political and Legal Affairs Commission.
Just when Yao Xin was feeling proud of herself for being a clever little girl and attracting another wave of traffic by creating opportunities, she suddenly found that a lot of people @ her in her private messages and comments.
Feeling something was wrong, she quickly clicked on the link someone forwarded to her, and then saw a piece of news - 'The Anping Public Security Bureau issued a police report. After a thorough investigation of the beating and wounding case at the food stall on the entertainment and food street, and requesting the procuratorate to intervene in advance, it was finally determined that the food stall owner Guan Mousheng caused the death of Sun Mouwei, and was acting bravely and in self-defense. He is not criminally responsible, and the public security organ has decided not to file a case in accordance with the law!'
Then came a notice from the Anping City Procuratorate: "The beating and wounding incident at a food stall on the evening of November 10, 2013 attracted widespread attention from the public. As the owner of the food stall, Guan Mousheng, caused the death of the assailant, Sun Mouwei, the procuratorate attached great importance to this and immediately sent personnel to intervene in the investigation in advance, review the case evidence and materials, and perform legal supervision duties in accordance with the law."
'The procuratorate believes that according to the third paragraph of Article 20 of the Criminal Law, if a person takes defensive actions against an ongoing violent crime such as assault, murder, robbery, rape, kidnapping, or other crimes that seriously endanger personal safety, and causes casualties to the unlawful offender, it does not constitute excessive defense, but still constitutes legitimate defense, and the person shall not bear criminal responsibility.'
'According to the above provisions and the facts ascertained, in this case, the deceased Sun Mouwei committed a crime with a knife. Guan Mousheng took actions to stop the violent attack on the attacker Sun Mouwei in order to prevent the seriously injured tourist Yuan Mou from being fatally attacked. This was a courageous act and legitimate defense. His defensive actions caused the death of Sun Mou, and he is not criminally responsible. The public security organ's decision not to file a case is in full compliance with the law.'
Yao Xin was somewhat dumbfounded to see that the entire comment section was in an uproar.
"I don't know what words to use to describe my feelings at this moment. I can only silently give a thumbs up to the Anping Public Security Bureau and the Procuratorate!"
"This is another textbook-level response, in accordance with the law and regulations, with reason and evidence. I am puzzled. Is it difficult for other cities to learn from Anping's approach?"
"It's hard to say, but it's not hard either. The key is to see if you are fair, open and selfless."
"The key point is that Anping City has nothing to hide, so it is not afraid to make the truth public!"
"Another important point is that Anping City not only deeply understands the public's urgent psychology, but also knows all about the tricks of those public intellectuals and Internet trolls, so it can respond promptly and effectively every time, leaving the public intellectuals and Internet trolls helpless. Hahaha! I guess there must be a lot of guys in front of the screen who are so angry that they are jumping up and down!"
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