When the word "peasant woman" is mentioned, many people will appear as a woman who works all day long and has little education, and many rural women do not know how to use legal means to protect their rights and interests when their legitimate rights and interests are violated. Some peasant women even end their lives by drinking pesticides when they are treated unfairly.
However, a peasant woman named "Qu Xiaoling" in Tangshan will change your opinion of peasant women.
On the left is Qu Xiaoling.
On the morning of July 20, 2021, Leizhuang Town, Luanzhou City, Tangshan City, Hebei Province** carried out a mandatory inventory of Qu Xiaoling's family's contracted land, and when she saw her husband being forcibly pulled off the forklift by the police, Qu Xiaoling suddenly became anxious and slashed the head of one of the patrol officers with a kitchen knife (Feng Guozhong, captain of the Special Patrol Police Brigade of the Luanzhou Public Security Bureau), and an auxiliary police officer was scratched by his arm in the process of stopping.
A peasant woman actually attacked the police with a kitchen knife?It's worth it!
However, it was later determined that both injured were minor.
However, in the eyes of the patrol team, this kind of behavior of peasant women is very serious, not only interfering with their law enforcement, but also slashing people with kitchen knives, which is interference with the execution of official duties and "attacking the police"!Therefore, Qu Xiaoling was charged with assault on the police.
Obviously, once the crime of "assaulting the police" is established, Qu Xiaoling will have to accept the corresponding legal sanctions.
However, Qu Xiaoling is not an ordinary peasant woman, and her family hired a lawyer to defend her. She wants to use legal means to protect her legitimate rights and interests, and she also sues the deputy director of the local public security bureau with her real name!
Obviously, this is a dispute over land acquisition.
Rural land, where land ownership belongs to the collective, and individuals only have the right to contract, these legal blind spots can easily lead to disputes during land acquisition.
In the end, whether Qu Xiaoling's behavior constituted an assault on the police requires understanding the specific circumstances of the scene at that time.
On April 1, 2001, South Korea and the Huangzhuang Village Committee signed the "Wasteland Contracting Agreement", agreeing to contract 27 acres of wasteland next to the national highway in the village
The agreed lease period is 50 years, and the total rent is 50,000 yuan, which is paid once every 10 years, and 10,000 yuan is paid each time.
In other words, with 50,000 yuan, he contracted the right to use 27 acres of wasteland for 50 years.
At first, South Korea wanted to use the barren pit to raise fish, but was told that it was not allowed to fish farming on the side of the national highway. Later, he slowly filled the pit with waste rock, sand and waste soil, and it was not until 2017 that the pit was filled up, and a large number of trees were planted on the ground.
By March 2021, the contract had been contracted for 10 years, and when South Korea paid the rent according to the agreement, the village committee did not accept it. The village committee informed him that this "construction land" would be requisitioned for the construction of the 205 National Highway Comprehensive Service Area, a key project in Luanzhou City.
A month later, on April 13, Luanzhou City issued a land requisition announcement.
On June 21, members of the Huangzhuang Village Committee delivered the "Notice of Agreement on the Removal of Wasteland Pits" to South Korea.
However, South Korea refused to accept it because there was no agreed agreement on compensation. He felt that this land was originally a wasteland, and it took him 10 years to fill in the wasteland. South Korea hoped that the expropriator would include the cost of filling the pit in the scope of compensation, but the expropriator rejected his request.
On the evening of July 19, 2021, the staff of the town ** and members of the Huang Village Committee approached South Korea again and informed them that the earthwork for storing wood and planting trees could be included in the compensation, and the total compensation was 300,000 yuan. This did not meet South Korea's expectations, because he felt that it would take 10 years to fill the hole.
Before leaving, South Korea was told that whether they agreed or not, ** would be forced to enter the construction site.
The next day, two police cars, as well as seven or eight cars, came to the site of the land contracted by South Korea.
The captain and deputy captain of the Special Patrol Police Brigade of the Luanzhou Municipal Public Security Bureau, in accordance with the deployment arrangements of the superiors, led 50 police forces to cooperate with Leizhuang Town to clean up the illegal land occupation.
In other words, more than 50 police officers came to the scene, and they were tasked with "cooperating with Leizhuang Town** to clean up illegal land occupation".
Surveillance ** shows that when the special police rushed into the venue, Qu Xiaoling immediately turned around and ran to the forklift, and took out a kitchen knife from the cloth bag she was carrying, and slashed at the policeman who dragged her husband down.
Note: South Korea previously installed multiple surveillance devices around the contracted site).
You must know that there were more than 50 policemen at the scene, and Qu Xiaoling's "attack on the police" was immediately **. In less than 1 minute, Qu Xiaoling and his wife and their maternal relative Yuzhi (76 years old at the time) were controlled one after another.
In the process of being carried into the police car, 76-year-old Qi Yuzhi said that she was kicked in the face by a young auxiliary police officer, and she felt for a needle awl in a small bag and pierced her leg.
On the same day, Qu Xiaoling and Qi Yuzhi were detained on suspicion of assaulting the police.
One can imagine how painful the period of detention was for Qu Xiaoling and her husband.
As individuals, they are also willing to cooperate in the face of ** land requisition, they just hope to get reasonable compensation for land requisition, but the local government ignored their request, but sent more than 50 policemen, a total of 70 people, to the scene to force the clearance.
It is clear that there is a huge disparity of power between the two sides.
Qu Xiaoling and his wife did not cooperate with the land acquisition, but they demanded reasonable compensation for the land acquisition. In the absence of an agreement in the negotiation, ** and the town ** began to force the clearance.
On December 30, 2021, the Luanzhou Municipal Procuratorate decided not to prosecute Han Han and Qi Yuzhi after review.
Qu Xiaoling was prosecuted].
On the day of her release from South Korea, his wife, Qu Xiaoling, was prosecuted by the Luanzhou Municipal Procuratorate as the sole defendant in the police assault case.
When he returned to his village after his release, he was shocked to find that the pit he and his family had worked so hard to fill had already been covered with cement, fenced, and built an office buildingThe trees that were planted, the piles of wood, and the houses that he built on the contracted land have disappeared without a trace
He decided to use legal means to defend his rights and interests!
In February 2022, South Korea sued Leizhuang Town** in court, alleging that on July 20, 2021, the other party forcibly occupied the land on the Donghuangkeng of Shahe Bridge in Huangzhuang Village, which it had contracted, and the administrative acts of forcibly demolishing the above-ground houses and forcibly removing the attachments on the ground were illegal.
South Korea also submitted a number of pieces of evidence to the court.
However, the town ** believes that the Huangzhuang Village Committee has informed South Korea in advance to terminate the agreement, and by July 20, South Korea is no longer the contractor and management right holder of the land involved in the case, and the land involved in the case is reassigned to the Huangzhuang Village Committee.
South Korea, on the other hand, claimed that it had never received a notice of termination of the contract, and that it had not been terminated by the village committee.
In May of that year, the Luanzhou Municipal People's Court made a first-instance judgment: confirming that the administrative act of the defendant Leizhuang Town People** in Luanzhou City on July 20, 2021 to forcibly remove the houses, trees, and articles on the land determined by the plaintiff South Korea and the Huangzhuang Village Committee signed the agreement "Wasteland Pit Contracting Agreement" was illegal.
Leizhuang Town** was dissatisfied with the first-instance verdict and appealed.
On September 1, 2022, the Tangshan Intermediate People's Court made a final judgment: rejecting the appeal and upholding the original judgment. There is an article in the verdict: Leizhuang Town's forced entry "obviously exceeded its authority".
In this game between the individual and the town, the court adhered to the principle of fairness and justice and made a fair ruling on this dispute. It means that the law does not favor one side over the other because it has more power.
At this point, South Korea has achieved a preliminary victory, but he still has a piece of heart: on the day he was released, his wife Qu Xiaoling was prosecuted by the Luanzhou Municipal Procuratorate as the only defendant in the police attack case.
He wants to speak up for his wife, since the law enforcement act is illegal, then, his wife's behavior is not an attack on the police, but just a legitimate defense. However, how to determine it still needs to go through legal procedures.
On May 9, 2023, the case was heard in the first instance of the Qianxi County Court.
Qu Xiaoling's defender stated that when Leizhuang Town** entered the venue on July 20, 2021, there were no personnel from the court enforcement bureau at the scene, which was already an illegal act.
In addition, after the patrol police of the Luanzhou City Public Security Bureau arrived at the scene, they took the lead in attacking him, illegally controlling South Korea's personal freedom (dragging him off the forklift with injuries) and beating South Korea, with the intention of forcibly expropriating land.
The Luanzhou Municipal Public Security Bureau's dispatch of public security police to participate in land acquisition and demolition does not fall within the scope of normal policing, and this kind of behavior is not an act of performing duties in accordance with the law.
Qu Xiaoling insisted that she was "justified defense", and also filed a real-name complaint against the deputy director of the Luanzhou Municipal Public Security Bureau in court, accusing the deputy director of illegally using a large number of police forces to participate in illegal and violent land acquisition activities, and was suspected of abusing power.
At the end of the trial, the court did not pronounce the verdict in court. I believe that the results will be available soon.
Trial controversy] At present, the biggest controversy is whether Qu Xiaoling used a kitchen knife to hurt someone (police), whether it is legitimate defense. It depends on how the court defines it, and the relevant evidence has been submitted to the court.
Looking back on the whole incident, the peasant woman Qu Xiaoling hurt people with a kitchen knife, which is indeed inappropriate. However, it should be taken into account that at that time, it was an abnormal situation with a huge disparity in power between the two sides, the husband was forcibly pulled down, and he was beaten, and she had to fight for her legitimate rights and interests.
Judging from the results, the injured people were only slightly injured. It shows that she didn't mean to hurt people!Her purpose is to hope that the other party will stop this forced land acquisition.
Although Han Han is a gray-haired villager, he still understands the law and knows how to protect his legitimate rights and interests.
Although his wife, Qu Xiaoling, is only a peasant woman, when her legitimate rights and interests are violated, she fights hard, and dares to sue the deputy director of the local public security bureau with her real name, this brave spirit has set an example for countless vulnerable groups to protect their legitimate rights and interests.
I believe that the final result will be determined soon.
It has been 1 year and 9 months since the contracted land was forcibly cleared in July 2021.
During this period, how much pain and suffering the Korean family suffered, it is estimated that only they have a deep understanding. Especially on the day of the crime, his 76-year-old mother was also taken away at the scene.
Fortunately, they never gave up. I have been fighting for my legal rights. South Korea has installed multiple monitors at the site of the contract site in advance, and these monitors have played a role in reproducing the situation at the critical moment. It also provides a basis for the court's ruling.
If these monitors were not installed in advance, it is estimated that it would be difficult to distinguish afterwards, which fully shows that as a villager, he knows some legal knowledge, pays attention to evidence in everything, and the law is the most evidence-oriented and respects the facts.
Everyone is equal before the law. The legitimate rights and interests of vulnerable groups must not be disregarded just because some people are powerful and powerful. It is hoped that the concept of the legal system will be deeply rooted in the hearts of the people, and that law enforcement personnel who understand the law will also be able to enforce the law according to the law, instead of illegally performing official duties beyond the scope of their authority.
Only by governing the country according to law can we finally achieve social harmony, civilization, prosperity and strength.
What do you think about this, welcome to leave a message and discuss together.
endAuthor: Yun'er.
Reference source: Red Star News "Tangshan** responds to the "peasant woman attack on the police": the territory has been instructed to conduct a comprehensive verification" 2023-05-15