6. According to our judicial practice experience as a legal person, we know that "immediate execution is not required" usually means having one of the following circumstances:
There are three points related to Cui Yingjie.
First, he usually behaves well, his criminal motive is not very bad, and he has committed a particularly serious crime due to accidental reasons; B, the victim has a certain fault, and the responsibility is not entirely in the defendant; C, the victim has obvious fault, causing criminals to commit crimes.
Obviously, Cui Yingjie belongs to at least one of them. "He usually performs well and his criminal motive is not very bad. It was because of accidental reasons that he committed a particularly serious crime. "
7. One more thing, I want to talk about the victim's fault.
Just now, the prosecutor has always stressed that the law enforcement behavior of urban management personnel that day was civilized law enforcement. But I think, after the trial just now, we know that from the video played in the trial just now, we have clearly seen that during the whole process, they forcibly pulled the car away without showing their law enforcement certificates or relevant punishment decisions. I also saw the basis on which they took the car, that is, the measures taken by the State Council to investigate and ban unlicensed operation.
According to this method, Article 10 clearly stipulates that the law enforcement organ of this method is the administrative department for industry and commerce.
The administrative department for industry and commerce shall, in accordance with the provisions of Article 9 of these Measures, seal up and detain, and must be approved by the principal person in charge of the administrative department for industry and commerce at or above the county level.
When the staff of the administrative department for industry and commerce seal up or detain, they shall show their law enforcement certificates to the parties concerned, and deliver the decision of sealing up or detaining and the list of seized property on the spot.
Just now, our other defender talked about the legal basis of urban management law enforcement.
I want to say here that even according to this regulation, the industrial and commercial bureau handed over its law enforcement power to the urban management. Then, the urban management must also exercise the corresponding power according to the procedures stipulated in this regulation of the State Council. In this case, their behavior, what you just said is seizure, and what they themselves said is confiscation. This can be clearly seen from the testimony of several urban management personnel just now. They're talking about confiscation Has their decision to confiscate Cui Yingjie's new tricycle been approved by the main person in charge of the relevant departments at or above the county level? Their forcible confiscation is an illegal act of forcibly taking someone else's car. Did they show their law enforcement certificates? Did you deliver the seizure list on the spot? None of these, how can you say that their law enforcement is civilized, harmonious and commendable?
And I'd like to make a point in combination with the regulations of the State Council.
Articles that can be sealed up or detained as mentioned in these Regulations are limited to tools, equipment, raw materials and products specially used for unlicensed business activities. There is a premise here, which is called commitment. However, it was a tricycle that caused the bloody case in this case, which we just saw from the audio-visual materials. Cui Yingjie said, I don't want anything else. You all take it and leave my car, okay?
The 23-year-old veteran, whose height is 1 m 7, is kneeling on the ground and confiscating his new tricycle.
People said so imploringly.
One question I want to ask now is, is this tricycle a tool specially used for unlicensed operation?
Obviously not.
So they have no right to confiscate people's tricycles by force.
Then on the other hand, I want to say, if there is no compulsory illegal confiscation of tricycles that others should not confiscate, will this bloody case still happen?
I want to say here that I don't think the martyr Li Zhiqiang, the victim who has entered the kingdom of heaven, is personally at fault.
However, the endless facts in real life prove that there are objectively some mistakes in urban management law enforcement personnel in Beijing and all parts of the country, such as low quality, unfair law enforcement, selective and arbitrary law enforcement, rude law enforcement attitude, failure to handle filing, seizure and confiscation of goods according to legal procedures, etc., which must be reviewed and corrected! !
Li Zhiqiang martyrs lost their precious lives, if only for Cui Yingjie, who used to be an excellent national guard, lost their lives or lost their lifelong freedom.
The precious lives lost by the martyrs in Li Zhiqiang, if replaced by the urban management team members in Beijing, were all bought with gnashing technology and equipment.
The precious lives lost by the martyrs in Li Zhiqiang, if they still fail to be unfair, selective and arbitrary, simple and rude, not humane enough, and fail to follow the prescribed procedures.