The follow-up to the case of stabbing the mother to death: stabbing the mother to death
Recently, the media reported that the intentional injury case of Yu Huan in Liaocheng City, Shandong Province is the "murder case of insulting the mother", which has attracted widespread attention from the society. The Supreme People's Procuratorate attaches great importance to this and has sent staff to Shandong to review the documents and listen to the report of the Shandong Provincial Procuratorate. It is conducting a comprehensive review of the facts and evidence of the case. Whether Yu Huan's behavior is justifiable defense, excessive defense or intentional injury will be reviewed and determined according to law; the police reported by the media have dereliction of duty in the law enforcement process of this case, which will be investigated and dealt with according to law.
Shandong Provincial People's Procuratorate launches review and investigation into "Yu Huan Intentional Injury Case" according to law
The Shandong Provincial People's Procuratorate conscientiously implemented the requirements of the Supreme People's Procuratorate, and immediately dispatched the capable public prosecution force to comprehensively review the case, and performed the duties of appearing in court and supervising in accordance with the law in the 2nd-round Moderation procedure of the case. Whether Yu Huan's behavior of public concern is justifiable defense, excessive defense or intentional injury, etc., will be reviewed and determined according to law.
Shandong Public Security Bureau responded to the "mother humiliation murder case": it has sent people to the local area for verification
The Shandong Provincial Public Security Department attaches great importance to the intentional injury case of Yu Huan in Liaocheng, which is the "mother humiliation murder case" reported by the media. On the morning of the 26th, a working group has been dispatched to the local police to check the handling of the police and the case.
Shandong High Court reports on mother-humiliation murder case: appeals have been accepted and case files are being reviewed
In the case of intentional injury to Yu Huan, the Liaocheng Intermediate People's Court sentenced Yu Huan to life imprisonment, deprivation of political rights for life, and corresponding civil liability for compensation in the first instance for the crime of intentional injury. After the judgment was pronounced, the plaintiffs in the incidental civil lawsuit, Du Hongzhang, Xu Xiling, Li Xinxin, and others, and the defendant Yu Huan, refused to accept the judgment of the first instance and appealed respectively. The Shandong Provincial Higher People's Court accepted the case on March 24, 2017.
Liaocheng, Shandong: Investigating police inaction, criminal activities, etc
After the case of intentional injury by Yu Huan was reported by the media, Liaocheng City attached great importance to it and immediately established a working group led by the Municipal Commission for Discipline Inspection and the Municipal Political and Legal Committee to conduct a comprehensive investigation into the police inaction, usury, and gang-related crimes involved in the case. Next, Liaocheng City will fully cooperate with the work of higher-level judicial organs, investigate and punish according to law and discipline, and respond to social concerns in a timely manner.
If the stabbing of a mother insult had happened in ancient times
As early as thousands of years ago, in the ancient classics "Shangshu. Yu Shu. Shundian", there was the earliest legal basis for justifiable defense, which means that in the event of improper illegal infringement, in order to protect yourself and your family from danger, you can take measures including justifiable defense to protect yourself. If you commit a crime, you can be pardoned and innocent.
Duke Zhou's "Zhou Li. Qiuguan Sikou. Chaoshi" also has "All thieves, townships, and family members, are innocent of killing. Anyone who takes revenge, is innocent of killing." It is clearly stipulated in the form of law that if there are thieves in the house who rob, steal their property and hurt their families, they will be innocent of killing at that time. Anyone who takes revenge can report in writing to the judicial officer in advance, so that killing the enemy is innocent.
In "Zuo Zhuan", it is recorded: "Zheng You demeaned a man's wife, and his husband killed it, and used his wife to act. The son of the child will restore it, so that the homeless people will not be resentful." Zheng's name and name were highly respected by Confucius, and he made laws: A husband is innocent of killing a thief who attempts to rape his wife, and the family of the thief shall not take revenge. It is even more the same for a son to protect his mother from insults.
The Han Dynasty's "Han Law" stipulates more clearly: "If you enter a room, a house, a hut, a car, a boat, and a person who wants to break the law without a reason, you will be killed at that time, and you will be innocent." It means that if you enter a room, a house, a hut, a house, a car, or a boat without the consent of the owner without a justifiable reason, and violate your personal freedom, you will be innocent of death at that time.
The "Tang Law", which is the culmination of our country's feudal laws, has provisions on "those who enter the house for no reason at all nights will be punished at forty; the master will kill those who are killed at the time, regardless of", which is basically the same as the Han Law. The thirty-four articles of the "Brawl" of the Tang Dynasty also include: "If grandparents and parents are beaten by others, their children and grandchildren will be beaten, and those who are not injured will not be injured, regardless." From here, it can be seen that when a thief enters the house for no reason, and himself or his relatives are beaten or insulted innocently, etc., fighting back is justifiable defense, and such a situation will be acquitted.
In ancient China, not only were people acquitted of murder in order to protect their families or avenge their families, but there were even many cases of commending officials and even writing biographies of historical books. There were no examples of men, but here were two examples of women.
"The Book of Later Han Dynasty. The Biography of Women" has such a story: During the period of Emperor Lingdi of the Eastern Han Dynasty, the daughter of Zhao surnamed Li Shou in Lufu County (i.e. Suzhou), Jiuquan County, was named E, and his son was named Pang Yi. His father, Zhao Junan, was killed by Li Shou, a fellow county native, and the three brothers of Zhao E died of illness at that time. Li Shou congratulated himself, thinking that no one would take revenge. Zhao E was secretly extremely indignant, so he secretly prepared sword soldiers and often waited for Li Shou in a draped carriage. He couldn't start for more than ten years. Later, one morning in the early February of the second year of Lingdi Guanghe (179 AD), he met Li Shou in Duting and assassinated Li Shou. E surrendered to the county. He said, "Father's revenge has been avenged, and he requests to be punished." Yin Jia, the head of Lu, thought that Zhao E was very righteous, so he took off the ribbon and wanted to escape with her. Zhao E refused to leave, saying, "Resentment is stuffed into the heart, so that the death is in the name of a concubine; it is your common sense to settle the crime and try the case. How dare you live in vain and come to the public law." Liangzhou Shi Zhouhong, the prefect of Jiuquan, Liu Ban, and others jointly went to the court to report Zhao E's righteous behavior, and a stone was carved to show the door of the Zhao family. Zhang Huan and other dignitaries came to visit and gave 20 bundles of silk as encouragement. People everywhere who heard Zhao E's righteousness praised her nobility and greatness one after another. Liang Kuan, the waiter of the Yellow Gate, wrote a book recounting Zhao E's deeds and preaching about her. Fu Xuan, a statesman in the Western Jin Dynasty, praised his poem "Qin Women's Rest".
The Book of the Sui Dynasty also has three sisters, Wang Shun, a filial daughter, who were the daughters of Prince Chun of Zhao County (now Hebei). Zi Chun and his brother Xin did not agree, and when they were all destroyed, Chang Xin and his wife conspired to kill Zi Chun. Shun was seven years old, and he had two sisters, Can was five years old, and Fan was two years old, and he was lonely and bitter, and he sent his relatives to feed. Shun raised his two sisters, and he was very kind and righteous. Shun Yin had a heart for revenge, but Chang Xin was not prepared. The sisters were all older, and the relatives wanted to marry, so they refused to obey. Naimi called his two sisters and said: "I have no brothers, so my father cannot be avenged. Although my generation is a woman, what is the use of living? I want to avenge you together, what do you think? The two sisters both wept and said, "Only my sister ordered it." It was night, and the sisters, each carrying a knife, entered over the wall and killed Changxin's husband and wife to sue their father's tomb. Because of Yi County's plea for guilt, the sisters argued for the lead, and Zhou County could not decide. When the emperor heard it, he was very moved, so he pardoned them.
