In the legal system of China, a girl under the age of 14 is defined as a young girl. Su Yuan was only 8 years old when she was invaded. In Su Yuan's case, Zhao Mouchun was guilty of raping a young girl, and even caused the victim to be permanently disabled, which has reached the level of serious injury. Under the pressure of public opinion, there is generally no possibility of a light sentence.
On the issue of drunkenness, China's criminal law also has clear provisions. The fourth paragraph of Article 18 of the Criminal Law of People's Republic of China (PRC) clearly stipulates: "A drunken person who commits a crime shall bear criminal responsibility." Although the ability of identification and control of drunken people has been weakened, it has not been completely lost; Moreover, the weakening of this ability is artificial and should be foreseen before drunkenness, so criminal responsibility should be borne.
According to the provisions of the Criminal Law of People's Republic of China (PRC), those who commit crimes after being drunk also need to bear criminal responsibility. Therefore, rape after drunkenness is also punished according to the crime of rape, and it will not be as lightly punished as pixel yuan. In China's criminal law, this kind of drunkenness refers to physiological drunkenness.
Pathological drunkenness belongs to the category of mental illness. As a sane person, you should know the consequences of being drunk. Therefore, while enjoying the pleasure brought by alcohol, the parties concerned should also bear the possible consequences or costs. Moreover, whether drunk or not, the damage to the victim is the same, and the damage to the victim has not been alleviated because of drunkenness.
At the same time, it is not the first time for Zhao Mochun, a criminal in the Su Yuan case. He had a criminal record of 17 before, and he will be severely punished according to China's criminal law. Moreover, it is necessary to explain a problem here: a heavier punishment is not the same as a heavier punishment. A heavier punishment refers to a heavier punishment within the statutory limits stipulated in the criminal law.
Article 65 1 of the Criminal Law explains that recidivism is a heavier punishment. And on the contrary, it is not a lighter punishment, but a lighter punishment. Aggravated punishment refers to fixed-term imprisonment, criminal detention and public surveillance that can exceed the maximum penalty and the general statutory maximum penalty when several crimes are combined.
To sum up, if the same thing happens in China, according to the laws of China, under the same conditions, criminals can be punished to a greater extent, at least there will be no cases where people rise up and attack. But at the legal level, the punishment for the murderer is only the final outcome of the court's use of rationality and usage to measure the injury, and it is also not an emotional comfort.
In this contrast, we can also see that although the law is a weapon for us to safeguard our rights and better protect ourselves, it sometimes has limitations and some imperfections. Of course, the law is absolute and is used to safeguard fairness and justice, but reason is not. The law can also seek justice for the injury, but it cannot make the injury disappear.
Any evil forgiven by the law is a kind of trampling on the law and an insult to its majesty. Since then, South Korea has also accelerated the improvement of a series of laws on rape, including no longer pardoning drunken crimes. In 2009, South Korea announced that it would raise the maximum prison term for child sexual abuse from 15 to 30 years, and then to 50 years.
20 10, South Korea updated the Special Punishment Law for Specific Violent Crimes, stipulating that photos of recidivists can be made public; In 20 12, South Korea's National Assembly officially began to implement the "Chemical Castration of Child Sex Offenders" bill, which made South Korea the first country in Asia to implement chemical castration. In 20 13, the maximum sentence for rape of children and adolescents in Korea was further upgraded to life imprisonment.
At the same time, parole is not allowed, which is the highest penalty for South Korea, which has abolished the death penalty. 20 19 Zhao mochun served his sentence. According to the psychological test made by the police, Zhao Mochun's antisocial personality is higher than that of a serial killer, and the possibility of committing another crime is very high. What the Korean Ministry of Justice can do is to give him 100 hours of special psychotherapy and force him to wear an electronic anklet within seven years after he is released from prison.
But legally speaking, it is impossible to investigate the responsibility of the crime, and the trial result is the final result. According to the current Korean law, there is no possibility of aggravating the sentence. When we encounter such victims, we should not only look on coldly, but also promote the reform of the government in a positive way.
Similarly, legal persons should not blindly treat such victims with cold laws, but should also give full play to the strength of legal persons and promote the construction of the legal system with emotion and reason. We also hope that the perfection of the law does not require anyone's sacrifice or the cost of injury. Finally, if you are treated unfairly, don't forget our lawyer.
In China, according to the lifelong accountability system for judges in our country, the safest way for judges is to trust the evidence in front of them and not be influenced by emotions. But there is no doubt that the same incident in China will never make this tragedy more painful.