The incident was triggered by a netizens revelation that on October 27, on the G1402 high-speed railway from Guangzhou South to Shangrao, a man held a girl about five or six years old in his arms, constantly lifted her clothes, stroked and kissed her back, face and neck, and put his hand into her trousers. In the process, the girl said, Daddy, Im hurting. Dont touch my ass again.
Video surfing the Internet has aroused tremendous public opinion. Such intimate behavior not only crosses the general moral boundaries, but also touches the sensitive nerves of the public about sex.
On October 31, the Nanchang Railway Public Security Bureau issued a Information Bulletin saying that the relationship between Zhou Moumou (male, 30 years old) and a girl (5 years old) in the video has been identified, and the behavior of Zhou Moumou in the video does not constitute indecent offence. But some netizens are not buying this simple announcement.
Did Zhous behavior step into the forbidden area of law? A number of criminal legal experts have been analyzed for surging news interviews.
The law has never stipulated that the relationship between father and daughter is an excuse for indecent assault.
Several experts in criminal defense told Peng Mei News that the sentence Zhou Mou-mou is a father-daughter relationship with a little girl, and Zhou Mou-mous behavior does not constitute indecent violations in the public security bulletin of Nanchang Railway is easy to be misunderstood. In fact, in the criminal law and related laws, the relationship between father and daughter has never been stipulated as an exemption for indecent crimes.
Deng Xueping, senior partner of Jingheng Law Firm, said, As a crime explicitly prohibited by law, indecent acts by fathers against daughters in public should be severely punished according to law.
Article 237 of the Criminal Law stipulates the crime of compulsory indecency and the crime of child indecency respectively: Those who force indecency or insult 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. Those who indecent children shall be severely punished in accordance with the provisions of the preceding two paragraphs.
According to the Opinions on Punishing Crimes against Minors by Law issued jointly by the Supreme Court, the Supreme Procuratorate, the Ministry of Public Security and the Ministry of Justice, Personnel with a common family life relationship with minors who commit indecent crimes should be punished severely according to law.
Yuan Yuwei, director of criminal Department of Hunan Xiangda Law Firm, believes that according to the legal mechanism of child molestation crime, the subjective aspect of child molestation crime should have the purpose of stimulating or satisfying sexual desire, and objectively implement obscene acts other than sexual intercourse for children under 14 years of age. The main body of the crime is the general body, which is not exempt from the special identity relationship between the offender and the infringed person. The object violated by the crime of indecent child is the childs right to privacy and spiritual purity, and the right to practise good conduct and style of work. In dealing with relevant cases in law enforcement organs, we should fully consider the immature physical and mental development and vulnerability of minor victims, implement the principle of special and priority protection, and effectively safeguard the legitimate rights and interests of minors.
Point one: touching and kissing in public constantly touches the bottom line.
Then, how to evaluate Zhous behavior in light of the information disclosed in the media reports and the announcement of the Nanchang Railway?
Yin Qingli, a lawyer at Beijing Ross Law Firm, argues that violence, threats or other means are generally required to be carried out against the real will of the other party, whether it is indecent or indecent. In judicial practice, the other means here refer to the means other than violence and coercion that make others unable to resist and do not know how to resist. I personally believe that this is also included in the case of this paternity relationship.
Yin Qingli said that in the case of unknown notification, it is impossible to determine that Zhou Mou constitutes a crime, but his behavior may constitute illegal and indecent in the Law of the Peoples Republic of China on Administrative Penalties for Public Security. According to the provisions of indecent persons shall be detained for more than five days and less than ten days; indecent persons with intellectual disabilities, mental patients, persons under the age of 14 or with other serious circumstances shall be detained for more than ten days and less than fifteen days, it is more reasonable to punish Zhou Mou for public security administration.
Deng Xueping introduced that the negative effects of indecent and sexual assault on minors often accompany their life and are difficult to eradicate. Those who carry out these injuries are usually Acquaintances around them. In 2016, Beijing No. 1 Intermediate Peoples Court issued risk reminders on sexual assault cases against minors. The acquaintances of the relationship between criminals and victims, such as relatives, neighbors, classmates, teachers, students and friends, are very high. Since 2010, the number of acquaintances in the crime of child abuse has reached 90%.
Yuan Yuwei said that she noticed that the mother and grandmother of the little girl were nearby, but that Zhous behavior towards the little girl was not stopped. On the one hand, the possibility of indecent acts against ones own daughter in front of family members is relatively small. On the other hand, according to the high crime rate of acquaintances in such crimes, it can not be ruled out that their acts are illegal acts committed under the habits of their relatives.
Viewpoint two: between father and daughter fight, its behavior is forgiveness.
Zhou Mou-mous behavior toward his daughter, although his netizens were outraged by the crowd, his wife and mother-in-law still expressed silence. Is there any other possible nature of Zhous behavior?
Wang Silu, director of Guangqiang Law Firm in Guangdong, believes that whether Zhou Momou has committed indecent acts against his daughter is the key to the problem, and also the focus of the case must be clarified.
The police report is really too simple, but should we believe that the police have done a thorough and careful investigation to confirm that Zhou Moumou has no intention of breaking the law and committing crimes in the subjective aspect? Wang Silu introduced that, first of all, as a father to embrace, kiss her daughters face, back, buttocks, there are affectionate elements in it, can not reflect the subjective intentions of the actor. Of course, the mouth, chest and lower body are the three most special parts. Kissing, touching the chest, lower body, and so on, need to be considered.
Secondly, in the context of father daughter relationship, we can not simply stay in the indecent objective behavior itself to identify. After Zhou arrived, the police could judge from his expression and conversation. Not only from Zhou Mous confession, but also from the mother of the child, family members living together to investigate, in the case of family shelter can not be ruled out, the relationship between husband and wife, people around them, a relatively wide range of investigations.
This incident was exposed in public, we should believe that the judiciary will not use free evidence to draw a conclusion that favors men. Wang Silu said.
In addition, in view of the girls reaction in the video, Wang Silu believes that unlike the indecent behavior between strangers, the playing behavior between father and daughter and the womans disagreement can not be used as the indecent standard completely.
Yin Qingli believes that whether Zhou Mou-mou constitutes a crime depends on whether Zhou Mou-mous actions to his children are temporary excitement or long-term implementation.
In an interview with Pengchao News, several lawyers said that the announcement of Nanchang Railway Police might be more detailed. The briefing did not introduce the case, which is a practice in judicial practice. Notification is not a judgment, the police may not think it necessary to report the specific content of the investigation, and the investigation is a state secret. But from a public perspective, men are suspected of being indecent, especially for children, which is highly sensitive. One expert said.
One sentence does not constitute indecent offence.
Why cant we dispel public opinion?
In fact, before the announcement, there was widespread speculation that the relationship between the two men was father-daughter, but this speculation did not affect the outside worlds simple recognition that mens behavior was indecent. At present, the findings of the investigation confirm the conjecture of the outside world. However, the notice of not constituting indecent offences is far from the publics recognition, and this sense of disparity has aroused more strong doubts.
Does the blood relationship between them mean that the fact of indecent offences can be ruled out, or does the behavior of men still fail to meet the criteria for violating the law?
The railway public security did not mention the legal basis for making no indecent judgement. The bulletin is too simple and does not accurately capture the focus of external concern. Naturally, it lacks persuasion, which inevitably leads to a second storm. It should be pointed out that the lack of clarification of right and wrong is not conducive to the protection of girls, but also indirectly harmful to girls because of the protective treatment of parents.
If it is for the sake of cooling down the incident, another question that extends from the circular is whether social supervision violates the privacy of girls if the obscenity claim is not established. Such worries are not unnecessary. Previously, the vigorous microblog abduction has triggered extensive discussions on privacy protection. In past reports, there are also many cases of people who do not know the truth and hurt others by mistake.
But to say the least, even at the legal level, does not constitute indecency can be justified. Considering public order and good customs, such an undesirable act in public places is enough to stimulate the social ethical order. Its important to remind the public that they dont have to take a bow and a snake. But in this regard, its not a bad thing for public opinion to be highly sensitive. We cannot reverse the process of results and negate the meaning of social supervision.
One detail is worth mentioning. The video photographer mentioned that the man sat next to the little girls mother and grandmother. They did not intervene in the whole process to stop them. It shows that under the protection of kinship, some harms against public order and good customs, which are unacceptable to the public, can be performed fairly and brightly.
Of course, there are doubts about the results of the public security report, not that in this case, we must seek a solution that meets the publics psychological expectations. At least, this incident raises a key question: what is the basis for judging indecency? Is it specific behavior or is it necessary to take the blood relationship into consideration? If the answer is the former, it means that there is room for investigation and further explanation of doubts in the notification; if the answer is the latter, it means that the relevant legal provisions need to be further adjusted to improve the disciplinary standards. The invasion of privacy concerns the public to avoid crossing the border and prevent social supervision from becoming a moral trial. But the more important way is to let laws and regulations break through family barriers, punish indecency severely, and enhance the protection of girls, so as to avoid the harm that external focus may cause. So, back to this matter, even if this does not constitute an indecent offence, the society is right to open its eyes. As for the questioning of the notification and the discussion of indecent identification, it should be further answered by the government. Source: news night duty editor: Ji Ke _b6492
Of course, there are doubts about the results of the public security report, not that in this case, we must seek a solution that meets the publics psychological expectations. At least, this incident raises a key question: what is the basis for judging indecency? Is it specific behavior or is it necessary to take the blood relationship into consideration? If the answer is the former, it means that there is room for investigation and further explanation of doubts in the notification; if the answer is the latter, it means that the relevant legal provisions need to be further adjusted to improve the disciplinary standards.
The invasion of privacy concerns the public to avoid crossing the border and prevent social supervision from becoming a moral trial. But the more important way is to let laws and regulations break through family barriers, punish indecency severely, and enhance the protection of girls, so as to avoid the harm that external focus may cause.
So, back to this matter, even if this does not constitute an indecent offence, the society is right to open its eyes. As for the questioning of the notification and the discussion of indecent identification, it should be further answered by the government.