Does the proprietress of Sasha Stationery have the responsibility?

165438+1October 1 1 7: 40, with the jump from the 33rd floor, the life of an eleven-year-old girl was frozen.

We often discuss such a question: what is the price of life?

Is it priceless? Then why is this girl's life

Three dollars is only worth six cents?

165438+20221October 9, Bijie, Guizhou.

As usual, the girl and her classmates go to the stationery store near the school to buy things. Seeing that the proprietress was too busy, she put 6 cents of 3 yuan on the counter and prepared to leave with her classmates.

Who knows just stepped out of the store, the proprietress rushed out from behind, calling the girl a thief and not paying for things. In front of many students, the proprietress pulled down the little girl's schoolbag, dumped the contents on the ground and took back the stationery she bought. Stand up for her.

Be used as evidence

Our classmate was also sued by the boss's wife.

But things didn't end there. The proprietress also called two primary school students, one of whom sent a box of colored pens to help them publicize the little girl as a thief at school. At the same time, I posted a picture in front of the busy shop.

There is a big prize, a math textbook with the girl's name on it, and the boss's wife wrote a big search on the cover.

Because of the boss's action, the little girl became famous in the whole school.

To the point of knowledge

There is a thief in the school who can't even afford a 3.6 stationery.

Rumors are getting worse. Finally, after the teacher of the little girl learned about it, she provided the girl's personal information to the proprietress of the stationery store, and took the little girl as a negative teaching material, and specially held an education class in the class to criticize the little girl.

Everyone knows what happened later, and the girl finally decides.

Towards a world of death

Reply.

Heartache, really heartache.

How can a child of 1 1 years old, a pupil who has not completed compulsory education, know how to defend his rights and prove his innocence from accusations?

What's more, growing up in a single-parent family, she can only rely on her grandmother with gray hair.

I believe that every adult who comes from primary school will have feelings for girls, because we all experienced similar stories more or less in childhood.

When I was in primary school, I was accused by my classmates, and even the parents of this classmate personally came to the school to complain about the teacher. But at that time, the class teacher believed that I wouldn't do such a thing and personally comforted me after sending my parents away.

But even so, I am still like a panicked deer, struggling for a long time afterwards. I still remember the scene clearly. Because for a primary school student, parents and teachers are the whole world, they are the authority, what they say is the truth, and they are our irresistible existence.

So it's hard for me to imagine what it's like for girls to be splashed with dirty water, slandered, and even the only teacher they can rely on to stand by outsiders.

In what mood did she die?

As a law student, I can only give legal advice so that my voice can be heard in my familiar field.

The behavior of the stationer's proprietress is suspicious.

Insult and slander.

Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

First of all, the proprietress openly accused the girls of stealing without checking the surveillance video, and even incited other students to make rumors, so that the whole school knew the girls' "evil deeds." such

Rumors and communication

Strength has reached a serious plot to degrade the personality of others.

Secondly, the proprietress is also used to putting up "posters"

Search your way and loudly warn the inquirer that the owner of this math book is a thief who steals stationery, which has reached the point of openly discrediting girls.

Eventually led to the girl's death, which also shows the serious consequences of her evil deeds.

Although the teacher in the incident did not involve any criminal responsibility, his elbow helped to slander the students, which obviously damaged the teachers' morality and deserved our reflection.

But the crimes of insult and slander mentioned above belong to the criminal law.

Confess the crime in person and adopt the way of prosecution without complaint.

Because it is not harmful to the public interest, the procuratorate will not take the initiative to prosecute, only the little girl's family.

After taking the initiative to file a private prosecution with the court, the court will file a case for trial.

In addition, the girl's family can also file a criminal incidental civil lawsuit, claiming that the proprietress should compensate the funeral expenses and other material losses caused by death.

But all the above actions need the girl's family.

Take the initiative.

According to the latest news, the girl's family (her father) has reached a settlement with the proprietress, so the proprietress does not need to bear criminal responsibility, but only needs to pay monetary compensation.

The law respects the wishes of the parties and the results of the treatment agreed by the families of the parties.

Even so, many netizens still feel unfair.

In Let the Bullets Fly, there is a plot in which Wan Hu and the owner of the rice noodle shop conspire to frame Liu Zi, insisting that Liu Zi "ate two bowls of powder and gave a bowl of money". In order to prove his innocence, Liu Zi Jr. performed a laparotomy in public.

Liu Zi really only has a bowl of powder in his stomach, but who will complain about Liu Zi? The girl is dead, and her family is willing to use money to make up for her inner pain. How can the stick of law be swung at the wicked?

In the group of a social platform, a netizen sincerely asked: In this case, can our system redress grievances for this girl?

It is because of the existence of evil and evil in the world that the country was established.

procuratorate

This state organ actively prosecutes criminals and suspects, punishes evil deeds, soothes people's hearts and maintains social order.

Therefore, in the face of crimes with direct violence, such as murder, arson, robbery, corruption and bribery, which endanger the operation of the state system, and the direct condemnation of smuggling and selling fake and shoddy products, the public security organs will take compulsory measures against the criminal suspects, and the procuratorial organs will not hesitate to prosecute after grasping the basic evidence.

However, for relatively minor crimes of insult and slander, the state organs will return the right to handle them to individuals.

The victim can choose whether to file a private prosecution according to his own situation and punish the rumor maker with the weapon of criminal law. However, when the victim dies, the law tacitly returns this option to the victim's closest family, that is, he exercises it.

legal representative

Continue and inherit the wishes of the deceased. In this incident, the girl's relatives chose to settle the incident by reconciliation.

I am a law student. Under my legal education, I firmly believe in the law, the protection that the law gives to social citizens, and the value of fairness and justice upheld by the law will benefit every citizen.

I also know that the establishment of the first prosecution does have its rationality, and the public prosecution agency should not deal with the small with the big.

doings

Everyone has the obligation to sue, but I really feel wronged for it.

I only hope that every flower of the motherland that grows under the red flag can be born to be loved, trusted and watered warmly. I hope that when you are helpless, someone will always stand by and watch you. I hope every teacher can take up the responsibility of educating people, and every flower can grow healthily and usher in the moment when they bloom.

I am a little mage, welcome to pay attention to my account ~

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