We will not comment much on this result, because we believe that the conclusions and notifications of the police must be based on the law. However, it is no exaggeration to say how many people are indignant about this kind of suspected fathers molestation of girls, such as in the throat?!
So today we have something to say.
Fathers love is boundless, but does fathers love really have no boundaries?
Father-daughter relationship does not constitute indecency. I believe many people are asking in their hearts, is this right?
Whenever we mention fathers love, we always like this metaphor: fathers embrace is like a mountain, giving us the greatest sense of security; fathers hand is like an umbrella, holding up our day; fathers eyes like a torch, illuminating our unknown road. However, when the fathers embrace, hands to convey the love, more than we ordinary people recognize the intimacy, father love is also changed?
Because of the special relationship and complex emotions, we still cant come up with such a pleasant and direct criterion as 1 + 1 = 2 for the boundary of father love, but such gestures as pulling clothes, touching, kissing and even putting hands into girlspants are undoubtedly inappropriate, and break through the traditional recognition of father love. Knowing that he overstepped his fathers reasonable distance from his daughters caress.
And from the legal point of view, intimate behavior can only occur between the legal objects of intimate behavior, such as husband and wife or lover, in addition to other acts are prohibited by law. That is to say, identity relationship can not be excluded from the crime of indecency, including parent-child relationship. That is to say, parent-child relationship can not be regarded as a cause of obstruction of indecent crime.
Obviously, the fatherly love of the rule of law society has boundless feelings and actions.
What kind of legal conditions do we need to constitute indecent acts?
For what kind of behavior can be defined as indecent act, from the perspective of judicial practice, indecent refers to the obscene act that is carried out with the purpose of stimulating or satisfying sexual desire, including groping, tongue licking, sucking, kissing, cuddling, masturbation and other methods besides sexual intercourse. Sexual harassment of immature adolescents can be regarded as indecent even when the object is not clear of intention and has not violated or even obeyed.
Therefore, it is not difficult for us to understand why someone took this video and actively alerted the police, why netizens would be so indignant, so anxious to wait for the results of the announcement. It is hard for a father to act without doubt.
In this regard, it is also necessary for us to popularizing the law again.
The 237th article of our criminal law stipulates the crime of compulsory indecency and child indecency. There are two main cases of constituting a crime: one is compulsory indecency by violence, coercion or other means; the other is compulsory or non-compulsory indecency of children under 14 years of age. These two kinds of crimes belong to behavioral offenders. That is to say, as long as the perpetrator has committed a serious indecent act, whether the consequences are serious or not, it constitutes a crime.
In addition, there are two legal aggravating circumstances of the crime, one is gathering people, the other is committing crimes in public places or other bad circumstances. In public places, indecent behavior is more serious because it not only simply endangers social security or infringes on personal rights and interests of individuals, but also infringes and challenges public order, which brings about social harm can not be underestimated.
It needs to be emphasized that for children who are under 14 years of age, they should be punished more severely than the coercive indecent assault. Because child molestation seriously harms childrens physical and mental health, affects badly, and has great social harm.
At the same time, according to relevant judicial interpretations, those who have one of the following cases of child molestation should be prosecuted for criminal responsibility for the crime of child molestation:
1, children indecent child more than two times a year or more than two children indecent child.
2, coercive child molestation by violence, coercion or threats.
3, molesting children causes minor injuries to the victims.
4, indecent child causes other serious consequences. Such as seriously damaging childrens mental health, resulting in mental disorder or suicide of the near relatives of the injured child.
So, adults, please do not put forth evil claws!
Faced with such suspected indecency.
How should the law be launched?
The focus, focus, and even doubt of hot events reflect the simplest sense of justice of the people. However, the law is serious and harsh. To determine whether an act is illegal or criminal, we must rely on facts and evidence, and the law must not follow suit, let alone surpass the thunder pool.
Just as the principle of legality in criminal law and the principle of compatibility between crime and responsibility and punishment, that is, the definition, types, constitutional conditions of criminal acts and the types and extent of punishment, are stipulated in advance by law. At the same time, the court should also impose a corresponding severe punishment on the extent of the criminal responsibility for the crime committed. The crime of heavy punishment, misdemeanor and punishment should be punished.
Similarly, other departments have the same spirit of rule by law. If the behavior should be punished by the law of public security management punishment, it is also based on the circumstances of the behavior to determine whether it meets the standards of public security punishment, such as what kind of behavior can be detained, what kind of behavior should be fined. Without such criteria and thresholds, our sense of security and acquisition would be impossible to talk about once decisions such as detention and fines lose their restraint.
Therefore, it is beyond doubt that the law is conditional.
If it does not constitute indecency, should such acts in public places be morally condemned or criticized and educated?
Watching the video, whether based on traditional Chinese ethics or the good customs of modern open society, the fathers actions have exceeded the standards and baseline acceptable to the public. In particular, such a series of actions in public, such as pulling clothes, touching, kissing, are obviously more inappropriate.
This kind of behavior, according to the police, does not rise to the height of crime, but in any case, it needs some restraint and management.
For example, when things happen, can the family remind them? Can a flight attendant stop it? Should the public security organs decide whether they do not constitute a crime, should they criticize and educate them?
All these deserve our deep consideration.
In real life, there is a problem that we must also face up to. That is, some parents do not know how to grasp the scale and boundaries of care, even their subconscious does not have the concept and idea of keeping distance at all, mistake the act of crossing the line as reasonable care. Some parents not only touch their childrens privacy at will, but also do not shy away from private behaviors such as bathing and toilet use. They regard this behavior as a joke to amuse their children, and they do not care about relativeskissing and other behaviors to their children. Little imagine, all these will bury hidden dangers in the act of indecent children, will also make the children vague on the indecent behavior of the cognitive, loss of vigilance against personal aggression.
The real change comes from the heart. For such ignorance, neglect and disapproval, the rule of virtue and the rule of law have the same importance and significance. If the rule of law makes the whole society standardized and orderly, then the rule of virtue will make our living environment more harmonious and happy. Especially in many areas that can not rise to the height of law, moral accomplishment and human conscience often play a subtle role in guiding and educating. Virtue and law are weak, but people are frustrated. A mature and perfect society ruled by law should have both morality and law; a beautiful world with warm sunshine needs everyone to keep the bottom line of law and morality together.
In short, the anger or doubt of netizens is a natural revelation of their inner sense of justice.
What we want to say is that love is not a cover for aggression, and caress is not an excuse for crime. The law is conditional, but the fathers care must have boundaries.
Article 44 of the Law of the Peoples Republic of China on Administrative Penalties for Public Security: Whoever molests others or intentionally exposes his body in public places, if the circumstances are bad, shall be sentenced to detention of not less than five days but not more than ten days; Whoever molests the mentally disabled, the mentally ill, the person under the age of fourteen or has other serious circumstances shall be sentenced to detention of not less than ten days but fifteen days. Detained below day. Article 237 of the Criminal Law of the Peoples Republic of China: [Compulsory indecency, insult to women, child molestation] Compulsory indecency or insult to women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever assembles a crowd or commits the crime mentioned in the preceding paragraph in public, or has other bad circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. Child molestation shall be severely punished in accordance with the provisions of the preceding two paragraphs. The source of this article: editor in charge of Legal Daily: Zhao Yaping _NN9005
Article 44 of the Law of the Peoples Republic of China on Administrative Penalties for Public Security: Whoever molests others or intentionally exposes his body in public places, if the circumstances are bad, shall be sentenced to detention of not less than five days but not more than ten days; Whoever molests the mentally disabled, the mentally ill, the person under the age of fourteen or has other serious circumstances shall be sentenced to detention of not less than ten days but fifteen days. Detained below day.
Article 237 of the Criminal Law of the Peoples Republic of China: [Compulsory indecency, insult to women, child molestation] Compulsory indecency or insult to women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever assembles a crowd or commits the crime mentioned in the preceding paragraph in public, or has other bad circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Child molestation shall be severely punished in accordance with the provisions of the preceding two paragraphs.