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Is it a crime to curse the dead? : Please take a rational view of the nucleic acid testing conflict in Shanghai that resulted in the death of people
The outbreak in Shanghai has been threatening and touching everyone's heart. Given the arduous task of epidemic prevention and control, Shanghai has carried out several rounds of nucleic acid tests.
On April 4, a 65-year-old man died in a physical altercation between two people in a residential area on Yangqu Road, Jing 'an District, Shanghai. It is understood that the man is when the community nucleic acid test order maintenance volunteers.
On April 6, Jing 'an police issued a notice. According to the report, When the nucleic acid test was coming to an end, Xie (the deceased) found his niece's son Xue (the victim) late and littering while maintaining the order of the nucleic acid test in the community, so he tried to dissuade him as an elder and criticized him. Xue Mou Wei refuses to accept, the two sides then produce physical conflict, after being around the masses to stop and persuade.
In two people were advised to open, the solution of a rong suddenly fell to the ground did not wake up, the crowd on the scene to take artificial respiration and other temporary rescue measures, then, the solution of a rong was sent to the hospital after invalid rescue died.
At present, criminal suspect Xue Mou Wei has been taken compulsory criminal measures according to law. The case is under further investigation.
So the question comes, xue Mou Wei's behavior needs to bear criminal responsibility?
Although the specific conviction requires further investigation of relevant details by the judicial authorities, the following preliminary analysis can be made based on the existing factual evidence:
If the investigation later proves that Xue's actions were the main cause of Xie's death, Xue will be held criminally responsible for homicide.
First, you need to decide whether it's intentional or involuntary manslaughter. The existing evidence can not show that Xue Mou Wei had the intention of intentionally hurting Xie Mou Rong, so the basic conviction, should consider "negligent homicide";
Second, the crime of manslaughter refers to "due to the fault of the perpetrator, causing the death of others", committing this crime, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. The object of crime is human life, which must be constituted by negligence subjectively and result in death objectively. In this case, the solution of a rong is obviously because of the dispute with Xue Mou Wei and led to death, the specific death is how, is the body collision pushed down the organ injury, or because of anger induced other basic diseases, this needs to be further identified by the judicial authorities.
Third, if Xue mou Wei obeys the nucleic acid test order and does not conflict with Xie Mou Rong, it will not lead to Xie Mou Rong's death, which has a legal causal relationship, has the corresponding legal consequences, and needs to bear the corresponding criminal responsibility. However, because Xie's behavior was only a direct cause, there may also be other unexpected factors (such as the sudden outbreak of basic diseases of the elderly), so the sentencing may be inclined to three years or less in prison.
Fourth, even if the follow-up investigation shows that it was a cause accident, Jie X rong should also bear civil liability. According to article 1,165 of the Civil Code and Article 77 of the Law on the Prevention and Treatment of Infectious Diseases, if the perpetrator infringes upon the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability.
Fifth, Xue Mou Wei should also assume administrative responsibility. On March 29, Jing 'an district issued a notice on strict implementation of measures for people to stay indoors during lockdown management. "Please take nucleic acid samples in batches and in an orderly manner. Wear masks and keep a distance to prevent cross-infection. Please return to your residence immediately after sampling is completed. You are not allowed to stay outside." Article 7 states that "those who refuse to cooperate with the implementation of the above notification and other epidemic prevention and control measures without justifiable reasons, or who hinder the prevention and control of the epidemic or cause other serious consequences, will be investigated for legal responsibility in accordance with the law."
Sixth, Xue did not participate in nucleic acid testing in batches according to the community epidemic prevention plan; Disrupting the order of nucleic acid testing and suspected of hindering epidemic prevention and control; And caused the "order maintenance volunteer death" this serious consequences, will be investigated for legal responsibility according to law.
Special time, please put down prejudice and discrimination, more support!
Shanghai may not be as good as we think, but it's not that bad either. We need to put ourselves in the other's shoes. Can our city do better than Shanghai when a similar challenge comes along? Are you doing better than the shanghainese?
We even saw xie Murong, who should have been enjoying his old age, still chose to come forward as a volunteer to protect his community and the city of Shanghai.
So, readers in front of the screen, please let us have more understanding and tolerance, and strive to live. The epidemic will pass, and we will surely embrace the dawn.
The outbreak in Shanghai has been threatening and touching everyone's heart. Given the arduous task of epidemic prevention and control, Shanghai has carried out several rounds of nucleic acid tests.
On April 4, a 65-year-old man died in a physical altercation between two people in a residential area on Yangqu Road, Jing 'an District, Shanghai. It is understood that the man is when the community nucleic acid test order maintenance volunteers.
On April 6, Jing 'an police issued a notice. According to the report, When the nucleic acid test was coming to an end, Xie (the deceased) found his niece's son Xue (the victim) late and littering while maintaining the order of the nucleic acid test in the community, so he tried to dissuade him as an elder and criticized him. Xue Mou Wei refuses to accept, the two sides then produce physical conflict, after being around the masses to stop and persuade.
In two people were advised to open, the solution of a rong suddenly fell to the ground did not wake up, the crowd on the scene to take artificial respiration and other temporary rescue measures, then, the solution of a rong was sent to the hospital after invalid rescue died.
At present, criminal suspect Xue Mou Wei has been taken compulsory criminal measures according to law. The case is under further investigation.
So the question comes, xue Mou Wei's behavior needs to bear criminal responsibility?
Although the specific conviction requires further investigation of relevant details by the judicial authorities, the following preliminary analysis can be made based on the existing factual evidence:
If the investigation later proves that Xue's actions were the main cause of Xie's death, Xue will be held criminally responsible for homicide.
First, you need to decide whether it's intentional or involuntary manslaughter. The existing evidence can not show that Xue Mou Wei had the intention of intentionally hurting Xie Mou Rong, so the basic conviction, should consider "negligent homicide";
Second, the crime of manslaughter refers to "due to the fault of the perpetrator, causing the death of others", committing this crime, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. The object of crime is human life, which must be constituted by negligence subjectively and result in death objectively. In this case, the solution of a rong is obviously because of the dispute with Xue Mou Wei and led to death, the specific death is how, is the body collision pushed down the organ injury, or because of anger induced other basic diseases, this needs to be further identified by the judicial authorities.
Third, if Xue mou Wei obeys the nucleic acid test order and does not conflict with Xie Mou Rong, it will not lead to Xie Mou Rong's death, which has a legal causal relationship, has the corresponding legal consequences, and needs to bear the corresponding criminal responsibility. However, because Xie's behavior was only a direct cause, there may also be other unexpected factors (such as the sudden outbreak of basic diseases of the elderly), so the sentencing may be inclined to three years or less in prison.
Fourth, even if the follow-up investigation shows that it was a cause accident, Jie X rong should also bear civil liability. According to article 1,165 of the Civil Code and Article 77 of the Law on the Prevention and Treatment of Infectious Diseases, if the perpetrator infringes upon the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability.
Fifth, Xue Mou Wei should also assume administrative responsibility. On March 29, Jing 'an district issued a notice on strict implementation of measures for people to stay indoors during lockdown management. "Please take nucleic acid samples in batches and in an orderly manner. Wear masks and keep a distance to prevent cross-infection. Please return to your residence immediately after sampling is completed. You are not allowed to stay outside." Article 7 states that "those who refuse to cooperate with the implementation of the above notification and other epidemic prevention and control measures without justifiable reasons, or who hinder the prevention and control of the epidemic or cause other serious consequences, will be investigated for legal responsibility in accordance with the law."
Sixth, Xue did not participate in nucleic acid testing in batches according to the community epidemic prevention plan; Disrupting the order of nucleic acid testing and suspected of hindering epidemic prevention and control; And caused the "order maintenance volunteer death" this serious consequences, will be investigated for legal responsibility according to law.
Special time, please put down prejudice and discrimination, more support!
Shanghai may not be as good as we think, but it's not that bad either. We need to put ourselves in the other's shoes. Can our city do better than Shanghai when a similar challenge comes along? Are you doing better than the shanghainese?
We even saw xie Murong, who should have been enjoying his old age, still chose to come forward as a volunteer to protect his community and the city of Shanghai.
So, readers in front of the screen, please let us have more understanding and tolerance, and strive to live. The epidemic will pass, and we will surely embrace the dawn.