On July 10, the first instance of Henans 20 years later blocking roads and beating teachers case was handed down, and the defendant Chang Renyao was sentenced to one year and six monthsimprisonment for the crime of provoking trouble. The Peoples Court of Luanchuan County, Henan Province, published an article on its Wechat Public Number, introducing the case and the conviction. On the same day, the Chief Justice of the case also received media interviews on the case. The case has been hotly debated since the video of beating people was circulated on the Internet. After the verdict on the 10th, it aroused extensive comments from netizens.
Chang Renyao sat in the first instance defendants bench/Luanchuan County Peoples Court according to Tuyu
Red Star News reported earlier:
One year and six months! When beating a teacher in the street, the man has to appeal to the court for the reason that the video is not transmitted by excuse.
Some people think that students should be severely punished for beating teachers if the circumstances are bad. Others hold that conviction and sentencing are too heavy, and the purpose of education and punishment can also be achieved through public security detention. In this regard, Red Star News interviewed a number of criminal law scholars and lawyers to interpret the legal issues related to the case.
How to treat this case convicted of provoking trouble and sentenced to one and a half yearsimprisonment?
Ruan Qilin, Professor of Criminal Law, University of Political Science and Law of China: At present, the legal provisions of beating and violence in China include Article 43 of the Law on Punishment of Public Security Administration, the crime of intentional injury in the Criminal Law and the crime of provoking trouble in the Criminal Law. This cases behavior is relatively bad, beating people, directing others to shoot videos, disseminating videos, first beating people is wrong, and Chang Mou then transferred to others to watch videos, this behavior has a certain insulting nature, and after beating people, it has a negative impact on teachers. Chang Mou should take into account the consequences, which may cause greater concern and influence on the Internet, and he should take responsibility for this.
Attorney Deng Xueping, deputy director of Shanghai Firm of Jingheng Lawyer Group: From the video, Changmou has violated the law by intercepting, abusing and beating teachers after he recognized Zhangmou, the head teacher of junior middle school in the street. However, according to the current public information, I believe that such acts have not yet risen to the level of criminal accountability, and can be given administrative detention according to the Law on Administrative Penalties for Public Security.
From the subjective motivation, Chang Mous behavior is due to the physical and psychological impact of the former teacher Zhang Mous corporal punishment on him. From the behavioral results, Changs assault lasted for a short time and did not cause more than minor injuries to Zhang. In addition, Chang Mous beating and his public dissemination are also two independent acts in law. According to the current disclosure content, Chang Mou forwards video to others via micro-mail. As for how to spread it on the network later, this is not always predictable and controllable.
It is argued that the final conviction of the case is to a greater extent the negative social effects of punishing Chang Mou for spreading video and beating teachers. How should we treat this?
Wang Wanqiong, a lawyer and doctor of law of Chongqing Baijun (Chengdu) Law Firm, said that the case lasted nearly six months from beating people to fermentation. The victim did not report the case, and the injuries should not be very serious. However, the follow-up network spread has aroused social concern. First of all, it must be clear that beating people is certainly wrong, but the subsequent fermentation of public opinion and the result of the re-impact on teacherslife, whether Chang should bear the responsibility, whether Chang should bear criminal responsibility for this, I personally think this is worth discussing. Judging from various media reports and Changs statements, he attacked people for reasons that were not random, and the wide spread on the Internet was unexpected.
Sweijiang, Partner of Shanghai Dabang Law Firm: The court held that the online video publishing has caused more harm to teachers, expanded social impact, and seriously violated the traditional virtues of respecting teachers and respecting education of the Chinese nation. The social impact is bad, but it seems that respect for students is neglected. Personally, I think that Changmous classmates said that Zhangs beating was true. Even though it is difficult to investigate the criminal responsibility or administrative responsibility of the teachers beating, it should not be ignored that there is a reason for the incident.
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Article 43 of the Law on Administrative Penalties for Public Security: Whoever beats or intentionally injures another persons body shall be detained for not less than five days but not more than ten days, and shall be fined for not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, he shall be detained for not more than five days or fined for not more than 500 yuan.
If one of the following circumstances occurs, he shall be sentenced to detention for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) Gang beating or hurting others; (2) beating or hurting disabled persons, pregnant women, persons under the age of 14 or persons over the age of 60; (3) repeatedly beating or hurting others or others. They beat and injured many people at one time.
Article 234 Crime of Intentional Injury in Criminal Law
Whoever intentionally injures another persons body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or causes serious injury to a person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death penalty. Where there are other provisions in this Law, the provisions shall be followed.
Article 293 of the Criminal Law on the Crime of Aggression and Disturbance
Whoever commits one of the following acts of provocation and disturbance and undermines social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating other people at will, if the circumstances are bad; (2) chasing, intercepting, insulting or intimidating others, if the circumstances are bad; (3) forcibly or arbitrarily destroying or occupying public or private property, if the circumstances are bad. Serious; (4) rioting in public places, causing serious disorder in public places. Whoever collects others to commit the acts mentioned in the preceding paragraph for many times and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.
Article 2 of the Interpretation of the Supreme Peoples Court and the Supreme Peoples Procuratorate on Several Questions Concerning the Application of Law in Handling Criminal Cases of Aggression?
Whoever beats another person at will and destroys the social order under one of the following circumstances shall be deemed to be the bad circumstances stipulated in the first paragraph of the first paragraph of Article 293 of the Criminal Law: (1) causing minor injuries to more than one person or to more than two persons; (2) causing serious consequences such as mental disorder and suicide of another person; (3) causing serious consequences such as mental disorder and suicide of another person. Those who beat others at will many times; (4) those who beat others with lethal weapons at will; (5) those who beat mental patients, disabled persons, vagrants and beggars, the elderly, pregnant women and minors at will, causing bad social effects; (6) those who beat others at will in public places, causing serious disorder in public places; (3) those who beat others at will.uff08 Seventh, other bad circumstances.
Source: Red Star News Responsible Editor: Youyuan Garden_NO4712