Zhang Yimou's film "Article 20" is being screened in theaters, and the justifiable defense involved in Article 20 of the Criminal Law has also attracted the attention of the public.
"Village tyrants" are suspected of multiple criminal offenses and shall be pursued for corresponding criminal responsibility
The deceased Liu Wenjing in the movie is a typical village tyrant who gives usury, illegally collects debts, bullies debtors, and ** women. Judging from Liu Wenjing's behavior on Wang Yongqiang's family, Liu Wenjing insulted Wang Yongqiang, **later** his wife Hao Xiuping, and later threatened Wang Yongqiang to hack him to death with a knife, suspected of insulting, ** and intentional injury.
In accordance withArticle 246 of the Criminal Law"Where violence or other methods are used to openly insult others or fabricate facts to slander others, and the circumstances are serious, the sentence is up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights."Article 236"Whoever uses violence, coercion or other means to ** a woman shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years".Article 232"Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, a sentence of between three and ten years imprisonment shall be given." Judging from the complaints of the villagers, Liu Wenjing and other village tyrants have illegal acts such as usury, forced buying and selling in the village, and are also suspected of illegal business operations, usurious loans, organizing leaders to participate in *** organizations, collecting illegal debts, forcing transactions, picking quarrels and provoking troubles and many other crimes.
After Liu Wenjing's death, his father gathered a group of relatives to threaten, intimidate, and kidnap Hao Xiuping's mother and daughter, and was suspected of kidnapping and obstructing testimonyArticle 239 of the Criminal Law"Whoever kidnaps another person for the purpose of extorting property, or kidnaps another person as a hostage, is sentenced to 10 or more years imprisonment or life imprisonment and a concurrent fine or confiscation of property; where the circumstances are more minor, the sentence is to be between five and ten years imprisonment and a concurrent fine".Article 307"Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony is to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, a sentence of between three and seven years imprisonment shall be given". In addition, Liu's father smashed Hao Xiuping's house many times and besieged the procuratorate, and was suspected of picking quarrels and provoking troubleIn accordance with article 293 of the Criminal Law"Those who intimidate others, cause a disturbance in a public place, cause serious disorder in a public place, or other acts of picking quarrels and provoking trouble, and disrupt social order, are to be sentenced to up to five years imprisonment, short-term detention, or controlled release," shall be pursued for corresponding criminal responsibility.
"Street fighters" are suspected of threatening, insulting, and sexually harassing
Zhang Yonggui, the bus driver, saw two men physically harassing the female passenger in the surveillance**, and the female passenger was violently assaulted by the man after resisting. Zhang Yonggui's behavior is in line withArticle 20 of the Criminal Code"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 unlawful infringer, shall be regarded as justified defense and shall not bear criminal responsibility", and the act shall be judged to be justified defense. The behavior of the two men on the bus in a public place is suspected of sexual harassment, coercion, insulting women, picking quarrels and provoking troubles and other illegal crimes. Article 44 of the Law on Administrative Penalties for Public SecurityIt stipulates that "** others shall be detained for not less than 5 days but not more than 10 days".Article 26 provides"Where there is conduct of picking quarrels and provoking trouble, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB." Article 237 of the Criminal Law provides"Whoever uses violence, coercion, or other methods to compel others or insult women is to be sentenced to up to five years imprisonment or short-term detention. Whoever assembles a crowd or commits the crime described in the preceding paragraph in front of the public in a public place, or where there are other heinous circumstances, is to be sentenced to fixed-term imprisonment of not less than five years. ”
The governance of school bullying needs to be taken from the aspects of punishment of illegal acts, psychological counseling and family education
In the movie, Zhang Ke, the son of the school's teaching director, bullied his classmates and was stopped by Han Yuchen, the son of the Han prosecutor, when the two sides fought, and Han Yuchen's behavior was the same legal nature as the bus driver Zhang Yonggui's behavior, both of which were to stop the illegal infringement. Prevention of school bullying is one of the basic contents of school protection for minors, and once there is a suspected incident, the school should initiate an investigation process, otherwise, the bullied person will be repeatedly bullied, and the bully will have no fear. For school bullying, it needs to be combinedArticle 113 of the Protection of Minors**The provision that "for juveniles who have violated the law and committed crimes, implement the policy of education, reform, and rescue, and adhere to the principle of education first, punishment secondary", and address the situation of individual cases from multiple levels.
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Zhao Jing, a practicing lawyer of Beijing Haotian (Xi'an) Law Firm, a lecturer of the Provincial Women's Federation System 85 Law Popularization Lecturer Group, and the Secretary-General of the Research and Training Committee of the Shaanxi Women Lawyers Association, focusing on family legal services, has compiled "100 Questions and Answers on Family Affairs", "Anti-Domestic Violence Manual", "Civil Code Family Law Popularization Manual", "Legal Guide to the Protection of Minors at the Grassroots Level", "Family Affairs Anthology" and other popular law publicity books.
Editor: Yang Chen Proofreader: Wang Chen Preliminary review: Xue Dan Wang Xing.
Final review: Jin Qianqian's submission email: sxflxmt@126com everyone is watching.