In the first half of 2023, "mutual assault" may become the hottest word on the Internet, the residual heat of the Chengdu high-speed rail "mutual assault" incident has not yet dissipated, and the Zhuhai "mutual assault" incident has once again rushed to the hot search, the two incidents have an extremely similar process, but the results are diametrically opposite.
In the Chengdu high-speed rail "mutual assault" incident, because the beaten woman Wang Moumou took the lead on the Internet, from the ** she provided, we saw an image of Wang Moumou's "legitimate defense".
Therefore, after giving the conclusion of "mutual assault", almost the whole network is supporting Wang Moumou for administrative reconsideration.
With the multi-angle**, we know that the "mutual assault" identified by ** is justified, after Wang Moumou slapped back, he slapped the other party again when the other party did not make another move and he was not threatened by any personal safety, which changed the nature of the whole thing.
However, everyone thinks that it is inappropriate for Wang Moumou to ask Wang Moumou from the first half of the night to the second half of the night, which lasted for 7 and a half hours, just to get Wang Moumou to agree to the settlement.
Generally speaking, the problem of determining "mutual assault" is not big, and even if Wang Moumou conducts an administrative reconsideration, it is not very likely to change the determination result.
However, a recent incident in Zhuhai that was twice identified as "mutual assault" caused great anger among netizens, and the attitude after the incident made the case even more incredible.
The incident occurred on May 5, and because he could not accept the handling method and identification results, the victim ** on the Internet half a month later, ** then issued a notice on the 21st, and the nature of the case also took a 180° turn.
Judging from the description of the victim Ms. Cao and the on-site monitoring, the context of the case is very clear, the facts are also very clear, and it is a very obvious case of beating.
At around 7 a.m. on May 5, 2023, the victim, Ms. Cao, was waiting for her boyfriend to meet in the hotel lobby with a cigarette she had bought for her.
At this time, the 57-year-old abuser Xie asked Ms. Cao for cigarettes, but Ms. Cao ignored the other party, but in exchange for the other party's abuse, threats and beatings.
Ms. Cao hurriedly ran outside the hotel to call the police, and continued to threaten, abuse, and beat Ms. Cao, who couldn't bear it, and Ms. Cao gave the other party a kick.
As a result, Xie beat and threatened Ms. Cao even more, touching her buttocks and breasts, ** her behavior was infuriating, and she successfully called the police with the help of Ms. Cao's boyfriend.
According to Ms. Cao's boyfriend, Ms. Cao went to the hospital for an examination and found that her ears were basically deaf, and it was unlikely that Ms. Cao was pregnant.
The doctor's advice was that they could only choose between treating their ears and protecting their children, which was unacceptable to them, and they wanted to have both, but the doctor's words forced them to make a choice.
The matter has come to this point, on the one hand, there is the surveillance screen of the hotel, and on the other hand, there is the case certificate of the hospital, and this matter should not be difficult to deal with.
Ms. Cao can conduct a judicial appraisal, and if the identification is found to be minor or more than light, Xie will be criminally liable, and Ms. Cao's side can also file for civil compensation.
But what happened next was a big surprise, and a series of operations made Ms. Cao feel helpless and helpless.
Of course, she was beaten at around 7 a.m., and when the police came, they asked Ms. Cao to go to the public security bureau after 9 a.m. to record a statement, but Ms. Cao did not finish her physical examination until after 12 o'clock.
Until 5 p.m., Ms. Cao went to the public security bureau, but after she went, she was "detained" for seven or eight hours instead of a victim, and she would not be released if she did not agree to a settlement.
* said that either after the settlement, he would take the 10,000 yuan compensation given in installments, and if he did not agree, he would be sentenced to beat each other, and Ms. Cao would be detained for 15 days.
originally wanted the police to administer justice for herself, but seeing ** doing this, Ms. Cao was also angry, and from that time on, Ms. Cao was a little helpless.
What's even more annoying is that Xie was quickly released, and he also shouted at Ms. Cao that he had someone in the bureau and that his son-in-law had a relationship, but ** told her that Xie's daughter and son-in-law didn't care about him.
The next day, Ms. Cao came to the Public Security Bureau again, and ** kept instilling in her the meaning of either reconciliation or detention, which made Ms. Cao faint directly.
She only went to the hospital to check her injuries before, but this time she was pulled away from the police station by 120 and found that she was actually pregnant, no wonder the doctor said that two guarantees one.
When ** learned the news of Ms. Cao's pregnancy, ** listed Ms. Cao as a victim, but the case has been dragged on.
This is also too strange, Ms. Cao is not pregnant, she is beating each other, and if she is pregnant, she will become a victim, does the characterization of the case depend on whether she is pregnant?
Ms. Cao's boyfriend also revealed that when he went to record a statement that day, he recorded it until 3 o'clock in the morning, and the reason for the mutual assault was that Ms. Cao kicked the other party in order to protect herself.
Doesn't the law protect the victim from harm?When the victim is beaten to the point of deafness, he can't fight backWhat exactly is the definition of mutual assault?
In desperation, Ms. Cao chose to ** this case that made her helpless on the Internet, but she never thought that after this matter became popular all over the Internet, the report of ** also came out.
Xie was detained, and everything seemed to be beginning to develop in the direction of Ms. Cao's favor, but the specific situation was not explained.
Why did the incident respond quickly after it was networked, and why did it take so long before that there was no indication of anything?
This has to make me think of the Huibo parking incident in Nanning, Guangxi, because of the unreasonable charging standards, so that the citizens of Nanning are miserable, many years ago someone went to the relevant departments to report, is not a reply at all.
Recently, after the incident fermented on the Internet, the mayor also began to deeply reflect and apologize, what did he do earlier?If this matter has not been **, is it just that?
In the monitoring, I clearly saw Xie's shameless and obscene actions, as well as manic beating behavior, why did you persuade Ms. Cao to reconcile repeatedly at the beginning.
If incidents like this can be reconciled, then the cost of **, scolding, and beating people is too small, and this does not take the law seriously at all.
Ms. Cao, as the injured party, actually experienced the same situation as Ms. Wang in the Chengdu high-speed rail incident, and her confession was recorded until 3 a.m., all in order to get them to agree to settle.
This kind of slapping a jujube and thin mud, as well as the practice of wrongly identifying it as a mutual assault in this incident, has chilled the hearts of many people.
Let's assume that this matter has not been subjected, then whether ** will he make a move to detain Xie Mou, there is a high probability that it will not, because the incident has happened for nearly half a month or so, and ** has been indifferent.
In addition to staying up all night and threatening to detain Ms. Cao for 15 days if he does not reconcile, he did not see the slightest intention of upholding justice for Ms. Cao.
Xie kept saying that he had someone in the bureau, and said that his son-in-law had a relationship, I'm afraid this is not a bragging, ** Have you investigated Xie.
The desperate Ms. Cao quickly changed her attitude, not to mention that she beat each other, and began to detain Xie Mou, isn't this too coincidental, too strange?
An old hooligan who is nearly 60 years old, a young and beautiful woman, also beat him, causing him to be deaf, and Ms. Cao fought back in self-defense, but became the "handle" to threaten Ms. Cao's reconciliation.
This has to make people wonder whether the ** involved is the umbrella of justice or bad people, this is not just a matter of mud, is there some kind of deal behind this?
For this series of operations, is there a relevant department to supervise it?If a problem is indeed found, can the person concerned be punished or punished?
If it is said that in the Chengdu high-speed rail incident, the mutual assault was justified and well-founded, and the mutual assault identified by Zhuhai this time was denied by themselves.
The determination of "mutual assault" has recently attracted everyone's attention, and judging from this case, it is clear that there has been a major mistake in the work of **.
To put it simply, the nature of the mutual assault incident can be large or small, but in general, it can be reconciled, and once one party is identified with minor injuries or more, criminal responsibility can be pursued.
In this case, Ms. Cao has been beaten to the point of deafness, and the fetus is very likely to be unable to be saved, so she was forced to issue a notice, so why didn't Ms. Cao's injuries be forensically evaluated in advance?Isn't that what it should be done?
Moreover, in addition to the symbolic riposte of Ms. Cao's self-protection, she was chased and beaten by Xie throughout the whole process, which can also be a mutual assault
The law protects the elderly, children, women and children, especially in cases like this violent beating and women, and the mutual assault incident made in the case of the hospital examination results are very clear, isn't it blushing?
Who would believe that there is no shady behind this?Xie shouted that there were people in the bureau, and the son-in-law had a relationship, so could he be promoted to investigate.
Because everyone seriously suspects that the case was bought by a certain party Xie, otherwise how could it be possible to handle such a confusing case.
After delaying for half a month, Xie passed freely like a nobody, and he still wanted Ms. Cao to sign an understanding agreement.
But after the incident fermented on the Internet, in less than 2 hours, Xie was detained, and Ms. Cao's identity as a victim was also established, and the reaction was really fast.
It's a pity that this is not a reaction to acting impartially, this is a plan to make up for the loss of the sheep for fear that the trouble will not end, and it is difficult to find the police, but has the police who handled this case done a fair and just case?
Why did this matter rush to the hot search?Because as an ordinary person, after reading the ** and the hospital examination results, they all know that it is a vicious ** beating incident.
* But they gave the determination of beating each other, isn't this lifting a stone to shoot yourself in the foot?Plus there is a topic about "mutual assault" that has been hot lately.
Since the incident has developed to the present, it cannot end in such a vague manner, in addition to handling the case in accordance with the law and handling the incident fairly, there are some things that need to be followed up by relevant departments.
Who gave the Sanzao Public Security Police Station the courage to identify the obvious case of picking quarrels and provoking troubles as mutual assault?
Who gave the Sanzao Public Security Police Station the power to threaten the victim with detention if he did not agree to the settlement?
Who gave the Sanzao Public Security Police Station the courage to benefit the bad guys with the help of the mud?
These things need to be followed up by the relevant departments in a timely manner!
First, it is necessary for the relevant departments to investigate the Sanzao Public Security Police Station, and it is necessary to disclose the truth to the public what the Sanzao Public Security Police Station has done; if there is a situation of favoritism, malpractice, dereliction of duty, and dereliction of duty, it is hoped that the authority of the law and the image of a society ruled by law will be maintained.
Second, it is hoped that the relevant departments can publish the relevant evidence of the Sanzao Public Security Police Station's initial determination that this incident was a mutual assault, so that everyone can have a more intuitive and comprehensive understanding and cognition of the mutual assault through this negative example.
Third, the true context of this matter is very clear, but in addition to some profit-making and self-reporting, the local mainstream has turned a blind eye, whether this intentional evasive attitude meets the requirements of supervision, and whether it is necessary to rectify this unhealthy trend.
Fourth, I hope that the final results of this case will be announced to the public, how Xie was punished and how to compensate Ms. Cao, which will not only seek justice for Ms. Cao, but also reassure the masses.
According to the provisions, an act taken to stop an unlawful infringement in order to protect the state, the public interest, the person, property and other rights of oneself or others from an ongoing unlawful infringement and causes damage to the wrongdoer shall be regarded as justified defense and shall not bear criminal responsibility.
According to some classic cases of justified defense, such as being armed with a weapon**, breaking into a private house**, beating up a person by multiple people, being robbed and kidnapping, etc., you can fight back with all your might.
The biggest difference between mutual assault and legitimate defense is that mutual assault is to infringe on the other party, and legitimate defense is to protect oneself.
But many times, mutual assault has become a quick way to close the case, which is what everyone calls harmony, and I have to say that this is indeed a phenomenon, and it is difficult to say that this is a serious and positive attitude.
Many netizens called for the abolition of the term "mutual assault", which is directly in line with picking quarrels and provoking trouble, or directly referring the punishment scale of "mutual assault" to criminal incidents.
It is not difficult to see that the main reason why everyone has such an idea is that they are dissatisfied with the fact that the punishment for such an incident that is not enough for a criminal case, but has caused great physical and mental harm to everyone, is too light.
In fact, this is precisely the embodiment of the tender side of the law, for those cases that have not caused much harm to both parties, in line with a people-oriented attitude, as much as possible to mediate and reconcile for mutual benefit and win-win results.
In the vast majority of cases, this way of dealing with it will be approved by both parties, because many times it is impulsive, and once you have to face punishment, you are still very afraid and even have a lot of concerns.
This incident has also brought a lot of thinking to everyone, in addition to how to define each other, there are still 3 points that are particularly noteworthy, a little careless, it may cause great negative impact and irreparable consequences.
First, the public security organs have the public power to handle cases, but sometimes there are cases of unfair handling of cases, and the relevant departments should strengthen supervision over the handling of cases by the public security organs.
Second, increase the severity of punishment for public security incidents. In many cases, it is because the cost of punishment for violations of laws and regulations is too low, which gives some people the courage to act recklessly.
Third, strengthen the protection of the legitimate rights and interests of victims. In many cases, the judicial process has been completed, but the enforcement is very difficult, which has invisibly brought continuous harm to the victims, and enforcement supervision should be strengthened.
In the final analysis, there must be a rule for everything, and if you make a mistake, you will be punished, and the severity of the punishment is directly related to the courage of the criminal suspect, and if the punishment is too light, it is easy to embolden those who are ready to move.
Relying on preaching and probation is certainly a way, but if the cost of crime is too low, it will not do much to prevent and curb crime.
There will be rain in the madness of the sky, and woe to the madness of the people!If you want to avoid punishment, you can only avoid unnecessary disasters if you don't think that evil is small.