Case:
On May 10, a friend in Shanghai sent a video of a fight and asked me to help analyze the case. The gist of the case is a bloody conflict caused by an unconfirmed look.
The video recorded a fight in front of a fruit shop from May 10/5: 20 to May 15: 24, and * * * counted 4 minutes 14 seconds. The video shows that when a man with the image of a social eldest brother passed by a fruit stall, he deliberately found fault with the fruit shopkeeper who was looking at the shop and blamed the fruit shopkeeper: What are you looking at him for? So social brother began to insult him with obvious beatings. The honest shopkeeper, at a disadvantage, lost control when he was kicked to the ground for the last time, pulled out a sugar cane knife and slapped him on the head. Finally, in the sound of people shouting 1 10 alarm, the video ended.
From the dialogue between the two sides of the video, it is not difficult to find that the two sides of the conflict are neighbors doing business and had festivals before this conflict. This incident can be seen as a deliberate fault-finding behavior of social brothers. At present, the police station has been involved in the investigation, and the social brother has been inspected by the hospital. Nothing serious, just a scratch outside the skin, not a minor injury. The owner was not obviously injured and did not go to the hospital for examination. Later, my friend told me that this kind of thing has happened several times, and I called the police every time, but my social brother didn't fart.
Feeling:
I believe that when you see this video, you should be like me. At the same time, you hate the fruit shop owner, and you hate the scum who bully people like social brothers. Apart from sympathy, real life makes us very helpless. It seems to be a common fact that honest people are bullied. They themselves, including the public security organs, have no better way to punish these hooligans who wander on the edge of the law. Sheriff Bo will analyze the mechanism behind the case according to his seven-year police experience, so that more people can take up legal weapons and not be bullied by the wicked.
Case study:
Through the above cases, we will naturally have the following questions:
1. What should an honest man do if he finds fault on purpose?
2. How will the police deal with such a problem?
3. Before the law, why did the social brotherhood completely explode honest people?
The first question was asked by a friend, and the second and third questions were the pits dug by Sheriff Bo, and then the pits were filled one by one. Police brothers are welcome to express their different opinions.
1. What should an honest man do if he finds fault on purpose?
A: It is not difficult to find that honest people are always in a state of passive humiliation except the moment they take out their sugarcane knives. Since social elder brother takes the initiative to find fault, he is obviously forcing honest people to take action in order to seize the opportunity to crush you. Generally, social brothers will stimulate honest people through abuse and shoving. The best way is not to be fooled, ignore him and stay away from him. You will meet a mad dog. Whoever argues with the mad dog will suffer.
If you are unmoved, the big brother of society will find no reason to start. He will have two choices. One is to get bored and then leave. The second is the behavior upgrade, which is changed to beating, smashing and looting.
Whether social brothers beat people, smash things, or rob valuables, they all correspond to illegal and criminal acts, that is, beating others, deliberately destroying money and robbing. Therefore, for honest people, the best way is to scold back, fight back, be patient first, and wait for the other party to break through the bottom line of the law. Of course, if you meet a fanatic who kills people, run! Personal safety comes first.
Knock on the blackboard, that's the point. The first thing to protect is personal safety, and the second is to do a good job in obtaining evidence such as recording and taking pictures. The last thing to protect is the property, and even the other party can be allowed to deliberately destroy and rob the property. Once there is obvious loss of property, you can call 1 10 to call the police. Of course, if it's an accidental injury, it's better to be the kind of visible trauma, and call the police immediately, and then go to the hospital to take pictures and make bandages. It's not too much to spend a thousand dollars. Keep the bill for the police station to handle.
Some people have rough skin, punch a few punches and kick a few feet. They don't have trauma or internal injuries, and they don't feel the need to go to the hospital to spend money. Just like the honest man in the video, he was beaten and kicked, and he didn't go to the hospital for examination. To put it bluntly, it is heartbreaking money. Many people don't understand, they are beaten, and they have to pay for medical treatment themselves. Generally don't go to the hospital to fight, there is nothing wrong with your health. Why are you going? In fact, where to go to see a doctor is obviously to get evidence of the other party's beating! In the actual law enforcement process, many people who are beaten will stubbornly ask the beating parties and the police: whoever beats me will pay for my medical expenses. Think about it. I hit you and asked me to take money to prove that I hit you. Is there such a stupid person? Besides, if there is no medical record as evidence, how can you prove that the other party hit you and how can you win the game? Only victory can win dignity, and only victory can win back all losses, including medical expenses.
Therefore, as long as you are beaten, whether you are injured or not, you must pay the money to go to the hospital for examination first. Then take the medical record to the public security organ for handling. At this time, it is time for the Jedi to fight back. The initiative has always been in the hands of honest people. If you want to recover the loss, you can mediate with the big brother of society. What medical expenses, lost time, compensation for mental damage, transportation expenses and nutrition expenses have all been mentioned, so it's time to settle accounts; If you are not short of money and want to feel avenged, you can also find a police uncle to pursue the legal responsibility of the other party. Beating others is at least administrative detention. After administrative detention, the other party's civil liability for compensation can also be investigated, but it is not the responsibility of the public security organ. You need to file a civil lawsuit, which will be finally decided by the court. However, I suggest that the most cost-effective way is to agree to mediation, that is, to make social brothers soft-hearted and take money. You have to forgive others, forgive others, in case social elder brother gets into trouble again.
Finally, when an honest man is crushed by the big brother of society, he should be patient, wait for the other party to make a mistake, and finally pick up a legal weapon to win.
Don't fight back, don't talk back, record and video, wait for the opportunity, accept the punishment of the law, and win it in one fell swoop.
Why do you emphasize whether to fight back?
Hearing this, many people may find it hard to accept that we should be bullied and slaughtered. Please reflect on this case. Can honest people get publicity in several counterattacks and alarms? If not, what strategy is the best way to win? If conflict is inevitable, if we can't win the head-on competition, then temporary humiliation is nothing, because we are waiting for the enemy to make mistakes. The law will eventually be used by me, and we will win the final victory.
I believe you can understand that we lost our dignity, lost our property, and were beaten in exchange for legal sanctions against the wicked. This is the most effective way to win the final victory. First of all, talk about "swearing back". In fact, it has already been mentioned that social brothers take the initiative to find fault. Such people are the ones we should take the initiative to stay away from. Say something ugly: can't afford to fight, can't afford to hide? For scum who don't follow the routine, hide as far as possible. Again, good people don't fight dogs. Secondly, focus on: "Do you want to fight back?" . Some people will say that in the face of illegal infringement, we can defend ourselves! Don't be too idealistic, the case of national defense can't be found with a magnifying glass. The truth is that whether it is self-defense or not, the public security law will treat it as intentional injury or beating others. In this case, honest people obviously can't beat the big brother of society. If you still want to fight, aren't you doomed to suffer? In the "Public Security Administration Punishment Law", beating others is regardless of order, severity and degree of injury; In criminal law, the sentencing standard of intentional injury is whether it can constitute a minor injury. So as long as you do it, it's either illegal or criminal. Later, no matter whether the public security organ mediates or goes through legal procedures, you lose not only the identity of the victim, but also the right to recover the loss. Don't feel wronged. If mediation fails, both parties will be detained as offenders or criminal suspects.
2. How will the police handle this case?
A: Before discussing this issue, we still emphasize several points: 1. Many people are biased against the police handling cases, and always think that the police are partial or conniving at crimes. If you don't let go of this prejudice, you don't need to read the following. 2. At present, in dealing with all kinds of fighting cases in our country, we pay more attention to the consequences of behavior and less attention to the process. That is, you are abused as a dog by the bad guys, and eventually you will be determined by the degree of injury.
We know that social brother's injury does not constitute a minor injury, so this case does not constitute a criminal case. If the perpetrators of both parties beat each other, violating Article 43 of the Law on Public Security Administration Punishment, or intentionally hurting others' bodies, they shall be detained for more than five days and less than ten days, and be fined between 200 yuan and 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. If handled strictly according to law, both parties will be subject to administrative detention. Fortunately, there is another law, that is, Article 9 of the Law on Public Security Administration Punishment: "Public security organs can mediate minor acts that violate public security administration, such as fighting and damaging other people's property caused by civil disputes. If the parties reach an agreement through mediation by the public security organ, they will not be punished. "
Public security organs are keen on mediation, not only because of the provisions of the law and the needs of a harmonious society, but also because the police force is limited and there is no more energy to send all criminals in the world to prison. Besides, prisons can't be closed.
Therefore, in this case, whether the social eldest brother insulted and beaten first or the honest man patted his head with a cane knife violated the Law on Public Security Administration Punishment. Therefore, the public security organs will give priority to adjustment, compensate the injured for serious injuries, compensate the small losses for big losses, and compensate the weak for the strong. If a mediation agreement is reached, both parties will sign and close the case. If mediation fails, both parties can only be administratively detained on the grounds of beating others. As for civil compensation, it is no longer the responsibility of public security organs, and all parties can bring civil proceedings to the people's court.
3. Before the law, why did the social brotherhood completely explode honest people?
A: Social buddies generally wander between black and white, and often use their bodies to test the bottom line of the law. They are frequent visitors to police stations and detention centers. They are extroverted, strong and powerful. They are not only quick-thinking, but also uneasy about playing cards. Honest people are often law-abiding, weak in legal awareness, introverted and lacking in adaptability, but they are also timid and stand up and look for opportunities to die. Therefore, it is not difficult to imagine that an honest man will be crushed in the direct conflict with his social brother, because the seemingly rogue behavior of his social brother is actually to carry out risk control-that is, knowing the red line of the law. The behavior of honest people is completely controlled by social brothers, which is an expression of anger. Actually, it is also a common phenomenon in nature. Animals at the top of the food chain, such as lions and tigers, often catch weak animals and play with them.