"Top Grid Punishment!"In Yulin, Shaanxi, it was reported on the Internet that a local public official beat a taxi driver after drinking, causing the taxi driver to be admitted to the hospital to accept **, which aroused heated discussions among netizens. After the incident, the local competent authorities and public security organs confirmed that the beater was a public official, and issued a notice stating that an administrative punishment decision had been made to detain the beater for 15 days for his illegal acts
*: Interface news, tide news, etc.).
It is understood that the beater's name is Li, who is the person in charge of the local county-level social assistance service center. On the night of the incident, Li took a taxi after drinking.
After Li got into the taxi, he first insulted the taxi driver in the car, and after the driver questioned why Li was scolding, he was pulled out of the car and beaten.
The scene** shows that when Li beat the taxi driver, there were several men standing next to him. When Li continued to beat the driver, someone stepped forward to dissuade him, but Li still beat the driver, and the driver did not dare to fight back.
Afterwards, the driver's family said that the taxi driver was accepted in the hospital, but since the incident, Li has not come forward to apologize.
After the local competent department learned of the incident and confirmed that Li was a public official, he made it clear that he would definitely deal with the matter seriously in accordance with laws and regulations.
At present, the public security organs have issued a notice stating that they have made an administrative punishment decision to detain Li for 15 days for his illegal acts. The local competent department decided to stop Li from performing the work of the person in charge of the social assistance service center, and has filed a case for review of Li's suspected disciplinary violations.
Netizens said: "Look at this virtue, there must be no less drinking, check who he drank with that night, maybe there is an unexpected gain!."", the taxi driver was beaten, and it was right not to fight back, and now Li is fully responsible, and he must be compensated for the lost work expenses", "Li must be fired from public office!".”
Does the netizen's statement comply with the law?What does the law say?
First of all, "drunkenness" has never been a reason to break the law and commit crimes.
Article 15 of the Law on Penalties for Public Security Administration stipulates that a person who is intoxicated shall be punished if he violates the administration of public security. Where a person who is intoxicated is in a state of intoxication and poses a danger to himself or to the person, property, or public safety of others, protective measures shall be taken to restrain him until he sobers up.
In short, there is only one more procedure for committing illegal and criminal acts under the influence of alcohol. That is, it should be restrained until the alcohol sobers up before further handling, and it does not affect the characterization of his conduct, and there is no basis for even a lighter punishment.
Secondly, ** is characterized as picking quarrels and provoking trouble, not beating others, and it is already a top punishment.
Article 26 of the Public Security Administration Punishment Law stipulates that anyone who picks quarrels and provokes trouble shall be detained for 5-10 days and may be fined not more than 500 yuan;where the circumstances are more serious, they are to be detained for 10-15 days and may be concurrently fined up to 1,000 RMB.
Specifically, assault violates the victim's right to health. Picking quarrels and provoking troubles not only infringes on the right to physical health, but also violates the normal management order of society. That is, Li's behavior also disrupted social order, so his behavior constituted picking quarrels and provoking trouble.
In other words, judging from the fact that picking quarrels and provoking troubles does not constitute a criminal offense, and the maximum penalty can only be up to 15 days of detention, ** has been punished at the highest level.
Secondly, Li may not be expelled, but punishment is inevitable.
Specifically, according to Article 14 of the Law on Governmental Sanctions for Public Officials, only those who have committed a criminal offense will be dismissed.
However, Article 41 also stipulates that if a public employee commits other illegal acts, affecting the image of a public employee and harming the interests of the state and the people, he or she may be given a corresponding governmental sanction according to the severity of the circumstances.
That is to say, in the case that it does not constitute a criminal offense, it will generally not be directly dismissed, but will be given a warning, removal and other sanctions according to the circumstances of Li's illegal act and the consequences and impact caused.
Article 18 of the Law on Governmental Sanctions for Public Employees stipulates that where a public employee holding a leadership position commits illegal conduct and is recalled, revoked, removed or resigned from a leadership position, the procuratorate may give governmental sanctions at the same time.
Finally, the taxi driver can ask Li to compensate him for lost work expenses.
Article 1179 of the Civil Code stipulates that if a person infringes upon another person who causes personal damage, he shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.
The driver made a living by driving a taxi to solicit customers, but now he is unable to work normally because he was beaten by Li, so Li not only has to compensate the driver's medical expenses, but also compensates him for lost work expenses and other losses.
Some netizens believe that the duty of the social aid station is to help the needy people in need, which requires caring people to be competent, but judging from Li's behavior, he is not suitable to work here. What do you think?
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