overview and quick comments | qingdao "land rover girl" violently beats up a male driver, the law cannot give in to illegality
2024-09-02
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ren kai, chief commentator of zonglan news
a woman in qingdao drove a land rover against traffic and cut into a queue. she also beat a male driver who was driving normally in the opposite direction, causing blood to flow from his mouth and nose. in the video, bystanders kept reminding her, "don't fight back. if you do, you're in the wrong."
the qingdao police issued a notice, imposing a 10-day administrative detention and a 1,000 yuan fine on the female driver of the land rover. the public was shocked when the notice was released. that's it? netizens left comments one after another, "only 10 days of detention, is the punishment for assault so light?" "for a driver of a land rover, what's this amount of money?" "the fine is still not severe enough, not enough to teach the female driver a lesson." netizens questioned the basis for the qingdao police's law enforcement.
obviously, the local police based their punishment on the first paragraph of article 43 of the "public security administration punishment law of the people's republic of china", which states that anyone who beats or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and fined not less than 200 yuan but not more than 500 yuan. judging from the law, the punishment imposed on the female driver is already the maximum punishment.
however, some netizens still questioned why the punishment was not based on the crime of "picking quarrels and provoking trouble"? compared with administrative penalties, the crime of picking quarrels and provoking trouble is a criminal offense, and the statutory penalty is a fixed-term imprisonment of not more than five years. there is another key constituent element to determine whether the crime of picking quarrels and provoking trouble is established - causing minor injuries to others. therefore, in this qingdao "land rover woman" beating incident, whether the male driver was slightly injured is one of the prerequisites for judging whether the woman involved has committed a crime.
at the current stage in china, minor assaults cannot be considered a crime. but should we just swallow our anger when we are assaulted? is it wrong to fight back? this statement is not legally valid.
during the spring festival this year, zhang yimou's film "article 20" brought legitimate defense into the public eye and sparked heated discussions. law is the art of kindness and justice. legitimate defense is essentially a legal private relief. it is a restraining action taken to protect one's personal safety from ongoing illegal infringements. if it causes damage to the illegal actor, it is legitimate defense and no criminal liability will be borne.
in the work report of the supreme people's court, it is clearly stated that "the law cannot give in to illegality." this is not just a slogan. determining legitimate defense in accordance with the law is the harmony between public opinion and fairness and justice. judging from the well-intentioned advice of "never fight back, fighting back is wrong", there is still a long way to go to make the judicial concept of legitimate defense into reality and become a social consensus. "article 20" has been awakened. it can no longer be left lying in the legal text, but must be brought into reality and into the homes of ordinary people.
the law is to make the cost of crime higher for bad guys, not to make the cost of good guys' actions higher. through the qingdao "land rover girl" beating incident, it is necessary to reiterate common sense: the law cannot give in to illegality. this is to defend the spirit of the rule of law and the people's expectation for fairness and justice.
