Villagers report pollution arrested Media: Citizens should not be sentenced to punishment
xinjingbao· 2019-11-26 09:26:22
(Originally title: Citizens should not be punished for defending their rights) p>
p> p> On February 27, the defendant Li Sixia was in the office of the People's Court of Shiquan County during the first intermission. Photo courtesy of the respondent p>
Recently, the first "crime-related case" in the highly concerned Shiquan County of Shaanxi was accused of being released on bail pending trial. p>
According to the Beijing News, Li Sixia, Zhang Haicheng, and Wei Zhibo of Shuangxi Village, Shiquan County, Ankang City, Shaanxi Province, have been posting and reporting on the Internet for many years to reflect the local stone plant's environmental pollution and road damage. At one time, he was also involved in organizing villagers to set up width-limit piers on village roads to restrict the passage of mining vehicles. At present, the case has entered the second instance stage, and Li Sixia and Zhang Haicheng's defense lawyers of the second instance have stated that they will plead not guilty. p>
On February 12, 2019, the three men were prosecuted for suspected provocation, and local officials once publicized the case as a "crime-involved case." Although the court found in the first instance that it was "not a crime committed by evil forces", it still found that the three persons constituted a crime of provocation. p>
The court of first instance held that Li Sixia's purpose of collecting other people's fees was to "strike" various costs of the stone factory. Its "bullying of the people and wrongdoing" feature is not obvious, and does not conform to the "Supreme People's Court, the Supreme People's Court." The criteria for identifying "evil forces" in the Opinions of the Procuratorate, the Ministry of Public Security and the Ministry of Justice on Several Issues Concerning Criminal Cases of Evil Forces-this is undoubtedly a correction to the local administrative trend and deserves recognition. p>
However, the verdict on the "provoking and provoking crime" in the first instance is still open to question. Article 293 of the Criminal Law also clearly stipulates the statutory counts of the crime of "provoking trouble", which contains only four items. p>
That is, beating others at will, with bad plots; chasing, intercepting, abusing, intimidating others, with bad plots; forcibly or arbitrarily damaging or occupying public and private property, the plot is serious; causing trouble in public places , Causing serious chaos in public places. p>
The charges against Li Sixia, Zhang Haicheng, and Wei Zhibo include: contacting villagers through WeChat, telephone, etc. to express their appeals to the government; posting reports online; setting up a limited-width pier on the village road in a short period of time. I do not believe that these acts are in accordance with the Criminal Code's "provoking trouble." p>
The opening of the stone yard has its own illegal problems, since it has caused pollution to the local area and damaged the road. Then the stone yard broke the law first, and villagers spontaneously defended their rights. p>
Posting and reporting is a normal means of protecting citizens' rights. It is also a way to protect one's own interests. It belongs to "self-help" in the sense of civil law. This is different from the "car bandit road bully" behavior. p>
The criminal law should uphold the spirit of "humility and restraint" and leave the necessary flexibility and fault tolerance for civil rights protection. Only when the behavior of defending rights clearly "crosses the border" and seriously endangers social order and endangers the personal rights of others should it be combated as a crime. p>
The Interpretations on Several Issues concerning the Application of Laws in Handling Criminal Cases of Provocation and Trouble Promulgated by the 2013 Supreme Law and the Supreme People's Procuratorate have strictly limited the application of the offence of provocation. p>
The subjective requirement is that the perpetrator is "to seek excitement, vent emotions, stubbornness, etc., nothing happens"; from the perspective of social harm, it should be based on the nature of public places, the importance of public activities, Factors such as time, comprehensively judge whether it "causes serious disorder in public places." p>
In my opinion, the behavior of the three defendants, in terms of subjective maliciousness or social harmfulness, is not in line with the "two highs" interpretation of the above-mentioned "provocation of provocation." p>
Citizens 'right-defending behaviors should of course be within a rational and legal framework, but citizens' right-defending behaviors should not be blamed, especially the "penalty". Compared to prosecuting villagers, closing the illegally polluted stone yard is the right way.
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