Du Zhihao is the leader of 1 1 debt collectors. Besides insulting, he also took off Yu Huan's shoes and covered Sue's face. He also took off his pants and rubbed Sue's face with his genitals in front of Yu Huan ...
Passing workers saw this scene and chose to call the police. The police came and said, "You can ask for the bill, but you can't do it" and left immediately. Seeing the police leave, the emotional Yu Huan stood up and rushed out, and was stopped by Du Zhihao and others. Violence staged, one death and three injuries.
On February 20 1717, Liaocheng Intermediate People's Court of Shandong Province sentenced Yu Huan to life imprisonment for intentional injury.
Public opinion; popular will
The outcry of public opinion is estimated to be unexpected by Liaocheng Intermediate People's Court.
"Although it is inappropriate to say these words as a legal worker, I still want to say that Du Mou, who was secretly stabbed to death, deserved to die. He has lost the minimum human nature, saying that Yu Huan is killing the people too much! When judging a case, a judge should not only adhere to the law, but also pay attention to preventing the judgment from violating the bottom line justice in the minds of most people. The mother and son in this situation are really sympathetic, and the law should not be so cold! "
This is written by a professor of university law school. His views represent a lot of public opinion on the Internet.
Many people's first reaction after watching the news is that they can only kill people. Compared with this helpless expression, a netizen wrote this article after watching the news-"When his penis rubs your mother's face, will you be angry and kill the murderer?" 》。
This is a kind of empathy that is easy to imagine. What kind of mood does a hot-blooded young man feel when he is illegally detained and controlled by a debt collector and sees his mother insulted in an extreme way and the police leave without intervention? What would you do if you happened to have a fruit knife in your hand?
Behind the excitement, it reveals not only the concern for Huan's life and death, but also the anxiety and uneasiness of the people's mood. Because there is no protection of public power, each of us may suffer the same humiliation as Huan.
"I thought that if I were Yu Huan, when the law could not protect me and my family, and my family and I were extremely humiliated or infringed, I would be as firm as him, or even more determined, and I would never forgive those bastards." A netizen wrote such a straightforward statement and got tens of thousands of praises.
The court's decision even angered netizens.
Many people directly pointed the finger at the judge. "The judge fell from the sky without a mother ..." More people said, "If the law can't make people feel safe, then this law is used to humiliate people."
Referee
Whether it is intentional injury or self-defense is the biggest legal dispute in this case.
The court held that Yu Huan had been entangled with many debt collectors for a long time, could not correctly handle contradictions, and stabbed many people with a sharp knife, which constituted the crime of intentional injury; In view of the victim's fault, Yu Huan truthfully confessed and sentenced him to life imprisonment.
Why not find self-defense? The court explained that although Yu Huan's personal freedom was restricted and insulted and abused by the other party, no one used tools. In the case that the police station has dispatched police, the defendant Yu Huan and his mother's right to life and health are less at risk, and "there is no urgency of excessive defense".
"There is no excessive defense" is a special expression in law, which is called "excessive defense" in theory and "illegal infringement is going on" in popular explanation. Because defensive measures need to be implemented only when illegal infringement is going on. If the so-called defense is carried out before the illegal infringement has started or ended, "pre-defense" and "post-defense" are established, which are "improper defense" and have no legitimacy.
Faced with the court's decision, some scholars found a contradictory detail. Because the court found that Yu Huan was illegally restricted from personal freedom, illegal restriction of personal freedom was an illegal and criminal act of "illegal detention" and a typical continuous crime. From restricting others' personal freedom to lifting this restriction, the whole period is "ongoing illegal infringement" This is equivalent to acknowledging that the premise of self-defense exists.
Another view is that the judgment of the court of first instance is reasonable to some extent. On the one hand, Yu Huan's behavior caused one death and three injuries, which was legally recognized as a social hazard and had a great impact; On the other hand, Du Zhihao's behavior did not cause personal danger to Huan and Su, that is, there was no "state of emergency of excessive defense".
However, this explanation is obviously unconvincing.
In the public's cognition, this illegal injury has existed from the beginning. Du Zhihao restricted Huan and his mother's personal freedom, abused them, slapped them in the face, showed them pornographic videos, and abused his mother with male genitals in front of his son. This is not only a deprivation of the right to life and health, but also a provocation to personal dignity.
Therefore, people support Yu Huan to pick up the fruit knife, especially after the police intervention failed. ...
The figure of the police, seemingly insignificant, has become an important turning point and the "last straw" that crushed Yu Huan.
The monitoring shows that at 22: 00 13, a police car arrived at the illegal detention place-Shandong Yuanda Industry and Trade Co., Ltd., and the police got off and entered the office building.
A number of on-site personnel confirmed that after entering the reception room, the police said "you can pay the bill, but you can't hit people" and then left.
Four minutes later, someone sent the police out of the office building and someone went back.
Seeing three policemen leave, Yu Huan's aunt Yu Xiurong grabbed a policewoman and tried to stop the police car. She recalled, "The police left at this time, and they only had a dead end. I stood in front of the car and said, what if they are going to die? If you leave, run over me. "
In this regard, the statement given by the police is to go to the hospital to learn more about the situation after asking about the situation. (but it doesn't explain why there will be someone in the room. You have to go to the yard to know the situation first. )
In any case, the appearance of the police did not alleviate the fact that Huan's mother and son were illegally detained by a underworld debt collection gang. Actual words and deeds, even suspicion of favoritism and indulgence, have also become an important basis for public opinion and experts to determine police inaction.
The inaction of the police made Du Zhihao look unscrupulous, and even the police couldn't help them. Perhaps, it is this hasty disposal behavior that makes Yu Huan fall into despair and even more angry.
The case shows that Yu Huan was killed just a few minutes after his mother was humiliated and the police left. Undoubtedly, the police's fault, or the police's fault, has become one of the fuse of murder.
It has even been suggested that illegal detention of debt collectors is illegal in itself, and it is dereliction of duty for the police to ignore it, and the procuratorate should immediately file a case.
appeal
Yu Huan has appealed. Yin, his appeal agent and lawyer, said that he had filed an appeal on February 24th, the last day of the appeal period.
The reason for the appeal pointed out that Yu Huan's forced counterattack was at least an excessive defense, although the gang involved in the gang abused the heinous crimes, and the personal freedom was still not guaranteed after the police went out. At the same time, Yu Huan's behavior of obeying the police's request to hand over the knives to justice and truthfully confessing during interrogation should be considered as surrender.
The reason for representing lawyers has been endorsed by many colleagues. On the one hand, the fact that Du Zhihao and others were illegally detained was established and confirmed by the court of first instance. On the other hand, the limited law enforcement measures of the police have not achieved the effect of stopping "illegal detention", and the personal danger of Yu Huan and her mother still exists. In this case, the defendant had no hope of seeking relief, and his emotions were out of control. Violence was used to stop the infringement, which met the legitimate defense requirements of "having to do it" but "exceeding the necessary limit".
In fact, the first-instance judgment is really debatable. Sue was forced to pay her debts because she was caught in a usury trap. She borrowed 6.5438+0.35 million yuan from Wu Xuezhan, Du Zhihao's employer, with an agreed monthly interest rate of 654.38+00%. By April of 20 16, she * * * repaid1840,000, and paid off a house worth 700,000 square meters 140. In the end, she owed170 thousand, which was really unable to repay. Legally speaking, the monthly interest rate 10% has exceeded the upper limit of the statutory annual interest rate of 36% stipulated by the state; Most of the principal and interest obtained by Wu Xuezhan from the Soviet Union are serious illegal gains.
Secondly, in China's traditional rational society, the "urgency of defense" brought by spiritual insult is actually no less than the right to life and health. We should understand that Du Zhihao's behavior is an insult to breaking the bottom line of interpersonal relationship. The meanness and bad nature of the means are beyond most people's imagination and seriously challenge the public's moral cognition. After all, each of us has a mother.
Third, the public's long-term disappointment with the police's performance has been reflected in this case. When Yu Huan pinned her hopes for help on the police, they expected the police to help them out, even temporarily. However, the police did not take Du Zhihao away for investigation, nor did they help Huan's mother and son get out of trouble. The court of first instance selectively ignored whether the disposal defects and actual consequences constituted a causal link with Yu Huan's murder.
Finally, as far as the legislative spirit of "justifiable defense" is concerned, the purpose is to encourage citizens to take necessary measures to fight against illegal infringement and protect their legitimate rights and interests, so as to make up for the lack of public relief. However, if the definition of "excessive defense" is too high in judicial practice, it will easily discourage citizens from fighting against illegal acts, which runs counter to the original legislative intention of legitimate defense.
What's more, this is self-defense and defending the mother.
Antigone said that within the law, there should be justice and human feelings.
future
How to judge in the second instance? We can't speculate.
Because the principle of judicial independence is worthy of respect anyway.
One view is that under the pressure of public opinion, the second trial is very likely to change the sentence. Perhaps, at this moment, the relevant courts are working overtime to study the facts of the case and the application of the law.
We don't approve of public opinion interfering with justice. However, when a criminal case is generated as a social public event, the discussion it brings will undoubtedly inspire people's wisdom and even affect our confidence in the future direction of the rule of law. In the day when the screen was screened, there were hundreds of millions of comments about insulting the mother's assassination, which is a vivid footnote for Chinese people to pay close attention to the rule of law.
Facing the 22-year-old Yu Huan and the possible gap between natural justice and legal justice in this case, we just want to say that justice is not only related to the landing of paper rules, but also to the value demands behind the rules, and it is also related to people's wishes and ethical feelings.
Otherwise, Yu Huan will not only suffer the humiliation brought by Du Zhihao. Cai Fei/Associate Professor, Doctor of Law, Southwest University of Political Science and Law
Details of the case of insulting mother in Shandong
"I saw Yu Huan's mother when she was insulted by those people. He assassinated those people. I didn't see them. Because I stopped the policeman who was about to leave at the door ... "On March 25th, Yu Huan's aunt Yu Xiurong said in a telephone interview with West China Daily and cover journalist.
Yu Huan, a native of Liaocheng, Shandong Province, was sentenced to life imprisonment by the Intermediate People's Court of Liaocheng City, Shandong Province for the crime of intentional injury. Cover News-Huaxi Daily reporter saw from the first-instance judgment of the case that Yu Huan intentionally injured four people with a knife, causing 1 person to die after being sent to the hospital, two people were seriously injured, and 1 person was slightly injured. Four victims are debtors of their mother. In the process of debt collection, the four men insulted, beat and scolded their mother and Yu Huan himself.
After the case was reported by Southern Weekend, it immediately triggered public discussion on the first-instance judgment of Liaocheng Intermediate People's Court. Cover News-Huaxi Daily reporter noted that the biggest controversy is "whether Yu Huan's behavior is justifiable defense or excessive defense".
Aunt recalled.
Witnessing insulting mother Yu Huan "fist has been clenched tightly"
April 201June 14, Yu Huan's mother Su was in the company. Zhao Rongrong, the dunner, came to dunning again. So, what happened that day?
2065 438+07. 3. 25 Cover News-Huaxi Daily talks with Yu Huan's aunt Yu Xiurong.
Cover News-Huaxi Daily: Did you see the scene where your mother was insulted?
Yu Xiurong: I know, I'm right outside the window. They are at the front of the room, in the reception room.
Cover News-Huaxi Daily: What do you see?
Yu Xiurong: I have been in the company with Yu Huan and Yu Huan's mother. They are showing pornographic videos and asking for money back through the window. They haven't come to sell yet. They only called soda and asked for a refund of 100 yuan. There seems to be a woman named Zhao Rongrong. After dinner in the afternoon, another witness, Zeng Erxiao, abused his mother in the reception room. He took off his pants and held his genitals for a while. I watched from the window because they wouldn't let me in, and someone always stopped me from going in.
Cover News-Huaxi Daily: What is Yu Huan's expression when she sees her mother being insulted?
Yu Xiurong: Of course he is angry. He always holds his fist, but he can't resist. His mother is sitting and the man over there is standing. He is sitting on the sofa.
The two of them are sitting on the sofa in the west and the sofa in the east. One man took off his pants and pointed at his mother. At this time, someone ran out and told my husband to report the case and called 1 10. This time is different from the previous one. My husband called 1 10, and I called 1 10, but I couldn't get out, so my husband ran away in a hurry and called 50 meters away. When people in the house heard that 1 10 was called, he asked me if I had been looking through the window, and he asked if you had called 1 10? I said no, he reached out and took my mobile phone. I looked at my cell phone because it didn't come out. I didn't call it. He dropped my cell phone and kicked me.
Yu Xiurong: The police came and went straight into the reception room. When I entered the reception room, I saw the police coming. I thought they would stop making trouble as before, so my husband and I went back and went out.
Cover News-Huaxi Daily: Did you see Yu Huan's last behavior?
Yu Xiurong: I didn't see it at this time. I am negotiating with 1 10. That is, after my husband called 1 10, we came back after 1 10 entered the house. I didn't expect an accident. I saw 1 10 going back, so I stopped at 1 10, and I stopped at 65438.
At this time, I caught a girl of 1 10, and she dumped my arm. Don't tell me, tell me what to do. You taught me a lesson. At this time, a driver has got on the bus. Let's talk about it and have a look. I entered the hall with them at 1 10. Walking on the steps of the hall, a man came out at this time. When he came out, he listened and said, "Drive, drive, boy, come on, arrest me."
Cover News-Huaxi Daily: Arresting me is stabbing me, right?
Yu Xiurong: Yes. Then walk out of the hall and call a taxi. He drove away by himself, and someone wanted to drive him. He said no, he drove away by himself.
Cover News-Huaxi Daily: Is it time for the police to leave at the scene of Yu Huan's assassination?
Yu Xiurong: Right, right. When 1 10 enters the reception room. 1 10 went in, Yu Huan and his mother sat down, unable to resist, but when 1 10 came, they both stood up. When they stood up and saw 1 10 leaving, they both rushed out and followed 65438+. But at this time, those people blocked them in the house, stopped him, and then beat Yu Huan on the sofa.
Controversial violent debt collection
Call 1 10 and the mayor's hotline four times.
Due to the difficulties in factory operation, Su, a 22-year-old mother, borrowed money from Wu Xuezhan, the boss of a real estate company. Accumulated loans before and after 1.35 million yuan, and the agreed monthly interest rate is 10%. Since then, I have paid 6.5438+0.84 million yuan in cash and a house worth 700,000 yuan, leaving about 6.5438+0.7 million yuan. Therefore, Sue suffered from violent debt collection.
A debt collection team of more than 10 people, composed of social idlers, repeatedly harassed Sue's factory, abused and beat her. The day before the incident, Wu Xuezhan instructed his men to shit in the house she mortgaged, then put Sue in the toilet and demanded money back. In the afternoon, Su called 1 10 and the mayor's hotline four times, but they didn't get help.
The next day, the means of debt collection was upgraded. Sue and her son Yu Huan were taken to the reception room of the company and surrounded by 1 1 debt collectors together with an employee. Meanwhile, the debt collector insulted Su and took off Yu Huan's shoes to cover her mother's mouth. I even deliberately flicked the ashes on my chest to Sue. Du Zhihao, the debt collector, even took off his pants and insulted Su, which made Yu Huan on the verge of collapse. The workers passing by outside saw this scene and asked the policeman Yu Xiurong to call the police.
After receiving the police, the police went to the reception room and said, "You can ask for accounts, but you can't hit people" and left. Seeing that the police were leaving, Yu Xiurong, who called the police, grabbed a policewoman and tried to stop the police car. "The police left at this time, and they only had a dead end," Yu Xiurong said in an interview with reporters later. Yu Huan, who was controlled by the debt collector, saw the police leaving. Yu Huan, who had collapsed, stood up and tried to rush out, called the police back and was stopped by the debt collector. In the chaos, Yu Huan pulled out a fruit knife from the table in the reception room and stabbed it, causing Du Zhihao and other four debt collectors to be stabbed. Among them, Du Zhihao died of hemorrhagic shock, and two others were seriously injured, 1 person was slightly injured.
Details not mentioned in the judgment
Play yellow video, play chest soot, etc.
Earlier, some media interviewed witnesses and mentioned that the debt collectors insulted Huan's mother Su, including not only taking off pants and shoes to block her mouth, but also playing pornographic videos and throwing soot at Su's chest.
On March 25th, the cover news-Huaxi Dushi Bao reporter obtained the first-instance judgment from Yu Huan's attorney. In this judgment, the insults of debt collectors to Sue, such as playing pornographic videos, throwing ash on Sue's chest and other witness testimony evidence, were really not reflected.
According to the law of our country, the evidence must be recorded when it is presented, and only the difference between "accepting the letter" and "not accepting the letter" is made. This kind of undocumented situation is impossible.
On March 25th, the cover news-Huaxi Dushi Bao reporter tried to get in touch with the police station in the industrial park of guanxian Public Security Bureau, Liaocheng City, to find out why the evidence mentioned in the judgment did not match the evidence provided by the witness, but the phone was not dialed.