20 1 1 At about 4: 30 p.m. on June 5th, Hebei Baoding xushui county Caohe Town Xiliuying Village, more than 30 gangsters, led by X and X, rushed into a newly opened factory in the north of the village and seriously injured a partner who looked after the company for no reason. Due to the large number of people involved in the fight, the injured were weak at that time and could not deal with the sudden and inexplicable attacks of more than 30 people alone, resulting in many serious injuries. It is understood that the injured are being treated in xushui county Hospital, waiting for the government to give a fair judgment as soon as possible.
According to people familiar with the matter, the factory where the injured are located is a newly opened small factory. Because their products are the same as those of X and X, Zhu and Ding have attracted the attention and jealousy of others. In order to monopolize the local sales of this product, Zhu and Ding became more and more evil. They know in many ways that the factory owner may be a foreigner and it is estimated that there is no backer in the local area. So they specially convened a group of local hooligans to drive there. According to eyewitnesses, the gang was composed of about 30 young men who drove arrogantly to the injured factory and began to beat the victims who were resting in bed without saying anything. Several troublemakers were armed with various instruments, and there were machetes, sticks and other weapons in the car. It was not until the victim was unable to strike back and fell to the ground that these talents roared off with arrogance.
In the ancient city where civilization has been passed down, it happened in broad daylight. Bullies and local strongmen angered by the masses make trouble for no reason. The criminal acts of gathering people to fight, bullying the people, bullying the city and social gangs quickly aroused heated discussion among neighbors, and attracted extensive attention from friends in Baoding, Hebei, xushui county and even xushui county. Everyone quickly told each other and called on the relevant government departments to strictly investigate this matter and prepare for the life and death of ordinary people. In addition, according to the author's understanding, the reason why Zhu Ding dares to be so overbearing is because Zhu Ding once sent money to other accomplices who participated in the trouble, telling them that their family has important relations (relatives) working in relevant important units in xushui county, so there is no need to be scared. If something goes wrong, someone will naturally come forward to solve the follow-up issues for them.
Now, many media have paid attention to this matter. Will Zhu Guang X and Ding Xiao X become the second typical representatives of "My dad is Li Gang", and whether the ending is really as they say. After they run for their crimes, whether our government can act impartially and exonerate the people, the broad masses of the people will continue to keep their eyes open and wait and see!
According to senior lawyers in relevant legal circles, the behaviors of Zhu Guang X and Ding Xiao X belong to serious vicious affray and intentional injury incidents of organizing and leading underworld organizations. According to the relevant judicial interpretation of the state, the injured should be sentenced according to the appraisal results. According to the results of similar cases in other places, the victim has the right to ask the government to sentence the offender to more than five years in prison, and should bear all civil losses related to the victim in accordance with relevant laws and regulations.
Sentencing and judicial interpretation of the crime of affray
I. Concept
The crime of affray (Article 292, paragraph 1 of the Criminal Law) refers to the act of affray in order to retaliate against others, seek hegemony or other improper purposes, and disrupt public order.
Second, the composition of the crime
(A) the object elements
The object of this crime is public order. The so-called public order should not be simply understood as the order of public places, but refers to all the rules and orders that should be observed in public life. In real life, the crime of affray can be carried out in public places such as parks and theaters, as well as in relatively quiet private places. Therefore, criminal activities of affray in any place should be regarded as violating public order.
The crime of affray often causes violations of citizens' personal rights and public and private property rights at the same time. However, it does not infringe on specific individuals or specific public or private property, but challenges the whole society by gathering people to fight, thus posing a serious threat to the whole social order. Therefore, openly flouting the law and social morality and undermining public order are the essential characteristics of the crime of affray.
(b) objective factors
The objective aspect of this crime is the act of affray. Gathering fights mainly refers to group fights for personal vendetta, hegemony or other improper purposes. "Gathering people" generally refers to a large number of people, at least not less than 3 people; Fighting mainly refers to fighting with each other by violence, but in different ways. Crowd fights are mostly manifested as fights between rogue gangs, ranging from a few people to more than a dozen people, from dozens to hundreds. They often agree on a time and place, take knives and move sticks, which often causes casualties and social disorder, and is a bad criminal act that seriously affects social order. The cause of the fight is to fight for the sphere of influence, or to avenge the brothers, or to fight for women and so on. In short, it is to show the "prestige" and "suffocation" of a group of people, overwhelm each other and ignore public order and good customs.