In recent years, the proportion of criminal cases of intentional homicide or intentional wounding resulting in death caused by marital and family disputes and emotional entanglements has remained high, and choosing to use extreme violence to resolve conflicts and disputes is not only a contempt for the majesty of the law, but also a disregard for life.
This article hopes to warn you through typical cases: tragedy is often just a momentary impulse, and when you encounter a problem, you must face it rationally and calmly, and do not hold grudges and revenge, so as not to cause a catastrophe and regret it!
1.Brief facts of the case.
Defendant Huang and her husband Tang (male, died at the age of 69) have been married for more than 40 years, and due to incompatible personalities and mutual suspicion that the other party has life style problems, the two often quarrel, and Huang had tried to commit suicide by drinking pesticides and asked for divorce without success, causing Huang to have a long-standing grudge against Tang. At around 5 a.m. on February 21, 2017, Huang had a verbal altercation with Tang in the west room of a group of old houses located on a street in Chenshi Town, Lianshui County, because of trivial matters, and then he took Tang's unpreparedness and cut the back of his head with an axe. On the morning of the same day, because of his resentment towards Tang, Huang returned to the old house and used the above tools to stab Tang several times. On the night of February 22, defendant Huang went to the old house again, dismembered Tang's body, and buried it in a dry well in the southwest corner of his house. On the afternoon of February 23, Huang, accompanied by his daughter, went to the public security organ to surrender. After identification, Tang was consistent with carotid artery dissection causing massive hemorrhage and death from head injury.
2.Typical significance.
This case is a typical case caused by the intensification of marital and family conflicts, and the means of committing the crime are cruel, which has certain typical significance in the prevention and control cases.
A comprehensive analysis of the reasons for the occurrence of the case mainly includes the following points:
1. Lack of family responsibilities is the main cause of marital and family conflicts.
It is mainly manifested in the following aspects:First, the emotional foundation is weakAfter marriage, they often quarrel over trivial family matters, and fail to tolerate and tolerate each other, resulting in escalating family conflicts. Although Huang and Tang have been married for more than 40 years, they often quarrel after marriage because they have no emotional foundation before marriage, and Huang once committed suicide by drinking pesticides or asked for divorce. Second, the family concept is weak, and the two sides do not trust each other. Tang likes to nag and often swear, while Huang will hit people when they have an argument, and both parties have long suspected that the other party has an improper sexual relationship with others.
Second, a lack of legal awareness is the inevitable result of the final outcome.
It is embodied in three aspects:First, the mediation channel has not been taken. The cause of the case is purely a family dispute, and if the people's mediation committee or relevant institutions persuade and educate and explain the matter, the family conflict may be alleviated and will not produce bad consequences. Second, the litigation channel has not been taken. Family conflicts have intensified to the point of irreconcilability, and it is reasonable to resort to legal proceedings to resolve disputes, but the parties lack legal awareness, resulting in worsening conflicts. ThreeIt is an impulse to encounter problems, and he does not hesitate to defy the law. The defendants in the case are unable to think calmly when they encounter problems, let alone know how to rely on the law to resolve contradictions, and the first thing they think of is to resolve them by violence, and the intervention of violence often leads to further escalation of contradictions or even turns into vicious incidents.
Third, the weakening of the functions of grassroots organizations is an important reason for the occurrence of serious consequences.
On the one hand, it is limited by the stage of social developmentSome grassroots organizations only pay attention to local economic development while ignoring the importance of social management, lack emotional exchanges with the masses, and the masses have nowhere to complain when they have family conflicts. The working methods are simple, the organization and appeal are not strong, the response to the information of contradictions and disputes is slow, the action is slow, the efficiency is low, the quality is not high, the disposal is improper, and finally the small matter drags on, so that the family dispute evolves into a vicious case. In the case, Huang and Tang have been in disputes for decades, and Huang once committed suicide by drinking pesticides, but the grassroots organizations rarely took the initiative to intervene, let alone in-depth counseling and resolving their family conflicts.
On the other hand, some grassroots organizations and cadres think that "it is difficult for a clean official to decide family affairs."Dealing with family conflicts around the road, not daring to deal with them or not being good at dealing with them, often pinning their hopes on turning big things into small things and small things into small things. It is precisely because family conflicts and disputes have not been effectively channeled and resolved for a long time that some parties no longer resolve conflicts through legal channels, but use illegal means or even criminal acts to resolve them.
3.Warning education.
In family life, especially between husband and wife, there will inevitably be friction, not only to endure, but also to grasp the scale, the important thing is to be good at communication, properly resolve the conflict. When a conflict arises, you can choose to deal with it calmly or tell your relatives and friends in a timely manner to relieve your inner anguish, and in the face of long-term verbal violence or domestic violence, you can seek help from local grassroots organizations or women's federations, or even solve the problem through legal channels. Don't hold grudges in your heart, choose to fight violence with violence on the spur of the moment, otherwise, like the defendant in the case, although he killed the other party and relieved his hatred for a while, it will also lead to his own imprisonment and bring harm to his parents and children for a lifetime. The law is ruthless, regardless of whether the victim is at fault or not, as long as the act of arbitrarily depriving others of the right to health or the right to life, they will be severely punished.
Whether it's in
Family life, social life
The law is all about us
Everyone abides by the law and discipline, and everything is according to the law
Only then can society be peaceful and the economy develop
In real life, be calm when encountering problems
Don't be competitive
On the spur of the moment
Breaking the law and regretting it
*: Huai'an Municipal Procuratorate.
Editor: Ran Ran.
Editor-in-charge: October.
Final review: Li Hong.