my son was bullied by his classmates at school, and the parent was detained for 10 days for venting his anger on the child
2024-09-10
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zhang's son was bullied by a classmate at school. zhang stopped the bully in front of the school gate and questioned him emotionally for 20 minutes. as a result, he was detained for 10 days. zhang was dissatisfied and filed an administrative lawsuit with the court. the beijing no. 2 intermediate people's court made the final judgment on september 10 and did not support zhang's request.
primary school student xiao zhang was bullied by his classmate xiao wang at school, and he told his father after returning home. one day after school, zhang met xiao wang at the school gate, stopped him at the school gate, and questioned him for more than 20 minutes. the surveillance video shows that zhang made emotional movements many times during the questioning. zhang told xiao wang that if he bullied xiao zhang again in the future, he would be a juvenile delinquent in two years, and he would arrange for the middle school students next to him to stand guard, watch xiao wang, and hit him on the head with a brick, so that xiao wang's parents would have to take care of him for the rest of his life.
after hearing this, xiao wang was terrified and his legs became weak. he cried when he got home and dared not turn off the lights when he went to bed. after that, xiao wang's parents called the police and zhang was detained for ten days. zhang was dissatisfied and filed a lawsuit in court.
the court held that, according to the provisions of the "public security administration punishment law of the people's republic of china", zhang's behavior constituted an illegal act of intercepting others. the public security department imposed an administrative penalty of ten days of administrative detention on zhang based on the nature of the behavior involved and the circumstances of the violation. the court determined that the facts were clear, the law was applied correctly, and there was no illegality in the extent of the punishment. therefore, the court did not support zhang's lawsuit.
does zhang's behavior of stopping xiao wang to ask him questions after school constitute provoking disturbances? the judge said that the "public security administration punishment law of the people's republic of china" stipulates that those who chase or intercept others shall be detained for not less than five days but not more than ten days, and may be fined not more than 500 yuan; if the circumstances are serious, they shall be detained for not less than ten days but not more than fifteen days, and may be fined not more than 1,000 yuan.
combined with xiao wang's parents' report to the police and xiao wang's statement at the police station, it is sufficient to determine that zhang's words caused psychological pressure and even fear to xiao wang. although zhang denied that he had made verbal threats, it can be seen from the surveillance video that he was not calm during the conversation with xiao wang and had exceeded the boundaries of normal conversation. the emotional and impulsive language communication method of adults is enough to objectively cause psychological oppression and mental trauma to a primary school student. the psychological damage to minors cannot be simply determined by external fear, nor can it be judged from the perspective of adults. xiao wang's statement that "i was afraid and dared not sleep after listening to zhang's words" does not violate common sense.
