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the person who boasted about being among the first to ride the ferris wheel was punished. where is the limit of bragging?

2024-09-09

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recently, the zhengxiang public security bureau of hengyang city, hunan province, released a message saying that it took active actions and cracked down on a lawbreaker in july through online inspections. in order to attract attention and gain traffic, the lawbreaker spread five similar spliced ​​false pictures related to the hengyang ferris wheel on an app, and wrote: we are also the first group of people to ride it.

according to the information released by the police, the offender zhou caused some netizens to believe it, which led to a large number of reposts and spreads, causing certain adverse social impacts, and was administratively punished by the zhengxiang public security bureau in accordance with the law.

this administrative penalty has also sparked controversy among many netizens. some netizens clearly stated that zhou's behavior was more like bragging. if people are punished for joking and talking nonsense, then there are many people who should be punished. of course, there are also netizens from hengyang who said that the ferris wheel has not yet been built, and after the rumor was released, many locals ran over to play with it, causing chaos on the scene, and he should be punished.

in our daily lives, we often speak without thinking, and there are many scenes where vanity plays a role. even in public, we may have heard some institutions boast about their achievements and achievements beyond their standards. they have a great impact, so why are they not punished for bragging? what are the standards of expression that we should follow in our daily lives?

although the hengyang zhengxiang police did not clarify the specific terms of the administrative penalty for this case, it can be speculated that if zhou's behavior was to spread rumors and cause specific social impact, he is very likely to have violated the first paragraph of article 25 of the "public security administration punishment law", that is, he will be fined or administratively detained for spreading rumors, falsely reporting dangerous situations, epidemics, police incidents, or intentionally disturbing public order by other means.

judging from the legal provisions alone, those who violate the law must first have subjective intent and the motive to disrupt public order, or in a broad sense, know that they may disrupt public order; secondly, there must be objective dissemination of rumors, and the content disseminated should involve content in a relatively important public domain; thirdly, in terms of results, the rumors must have an impact on public order, which is also the most important identification criterion and the difference between general rumors and rumors that constitute administrative penalties.

this provision of the "public security administration punishment law" does not explicitly limit specific standards and penalties. this also means that administrative agencies have a large degree of discretion in actual law enforcement, which may not fully comply with the subjective and objective requirements stipulated by the law and is often easily affected by other factors outside the case.

let's go back to the hengyang ferris wheel rumor involved in this case. according to relevant information on the internet, the ferris wheel named "eye of shoufeng" has a total investment of more than hundreds of millions of yuan, can carry up to 216 people at the same time, and rotates once in about 20 minutes. it has been characterized by the media as "a new landmark for hengyang city check-in." this shows that the locals must have high expectations and high expectations for the opening of the ferris wheel.

at this time, the citizen's untimely boasting was equivalent to stepping directly on the tail of the management department. if the rumor did cause a large number of irrelevant people to gather, the authorities needed to solve the problem of citizens' emotional outlet, which might be one of the reasons for the tough measures; the progress of the city's key projects has attracted widespread attention due to the ordinary citizens' nonsense, disrupting the main theme of urban development, which might be the second reason for the tough measures; the ferris wheel has not yet been completed, and the news of the first batch of people riding the ferris wheel has spread like wildfire, which will inevitably make people doubt the existence of privilege, which might be the third reason for the tough measures.

after much thought, killing the chicken to scare the monkey may become a necessity. as for the vague standards for determining "disturbing public order", when the law has instrumental value, no matter how many practical disputes there are, they may seem less important.

from the overwhelming opposition and doubts, it is not hard to see that the local police's enforcement measures may not make more people feel "fairness and justice". the outside world's doubts have made the impact of the incident far-reaching, and undoubtedly also cast a shadow on the heavyweight ferris wheel that is about to land.

looking back at the entire incident, should the authorities consider explaining the specific circumstances in detail when reporting similar cases, so as to gain wider public recognition, or consider following the principle of proportionality for some non-malicious behaviors that do not cause great harm, maintaining the modesty of judicial disposal, and taking non-administrative penalties such as admonitions in advance as a transition measure? i am afraid that the final effect will be much better.

killing a chicken to scare the monkey may scare the monkey. sometimes it is better to think one step further than to do one step more. when reviewing the public opinion, the local administrative department should really think carefully and make timely feedback and adjustments.