Tragedy: Suspecting his wife to speak ill of himself, the man chased his wife with a watermelon knife and was killed.
At about 20: 00 on March 12, 2020, Li Xiaojuan was on the phone with his eldest son in his classroom, and her husband Wang Jun (a pseudonym) happened to hear him. Wang Jun thought that Li Xiaojuan was speaking ill of him and began to insult Li Xiaojuan.
Angry Wang Jun grabbed Li Xiaojuan by the neck and clamored to drive Li Xiaojuan out of the house. Li Xiaojuan couldn't understand why she was treated like this without doing anything wrong. After years of oppression, she decided to take revenge.
Li Xiaojuan broke free and turned to the kitchen. She put the oily pepper in a water glass, took the water glass and a mop stick into the room, and watched Li Xiaojuan's actions. Wang Jun is angry again. He picked up the watermelon knife next to the TV cabinet and cut Li Xiaojuan without saying anything. Li Xiaojuan put down the cup and stick and stopped it with his hand. Li Xiaojuan's down jacket sleeve was cut off and his arm was cut.
Li Xiaojuan took advantage of Wang Jun's pause to find the right time to splash the pepper water in the glass on Wang Jun's face. Wang Jun hurriedly threw away the watermelon knife and covered his eyes with his hand. Li Xiaojuan picked up a wooden stick and hit Wang Jun on the head continuously until Wang Jun was knocked to the ground.
Watching Wang Jun fall to the ground, Li Xiaojuan hit him on the back of the head with a stick. She was worried that Wang Jun would hit her again after getting up, so she hit Wang Jun on the back of the head with a stick, and Wang Jun was killed.
Domestic violence: the husband has been suspicious for a long time and often has domestic violence.
For Li Xiaojuan, 62-year-old should have enjoyed her old age. When I was young, I was introduced to marry Wang Jun. After many years of marriage, they had two sons and one daughter. To outsiders, this is a happy family of five, but Li Xiaojuan feels that he is living in hell.
Nearly 40 years of marriage is full of doubts, disputes and violence. After many years of marriage, her husband Wang Jun has always been suspicious, suspecting that there is something wrong with the style of men and women in Li Xiaojuan, and he often commits domestic violence against Li Xiaojuan.
After 20 19, Wang Jun, who was over 60, even kicked Li Xiaojuan out of the house. It was not until the Spring Festival in 2020 that Li Xiaojuan was taken home by her children. The old couple lived under the same roof again, but never thought such a tragedy would happen.
In the eyes of the eldest son Wang Yong (a pseudonym), the relationship between parents has always been bad, and they often quarrel and fight. "That night 10: 38, my mother called me and said that she killed her father with a wooden stick, and she was not breathing. I quickly let my sister go home to check the situation. " When Wang Yong got home, he saw his father lying motionless on the ground of the first house.
After being brought to justice, Li Xiaojuan confessed his criminal facts and obtained the understanding of his relatives. On March 28th, 2020, Li Xiaojuan was criminally detained on suspicion of intentional homicide and was arrested on March 28th, 2020. On June 28th, 2020, the People's Court of Chenxi County, Hunan Province found the defendant Li Xiaojuan guilty of intentional injury and sentenced him to seven years' imprisonment.
Q: How to define justifiable defense and excessive defense?
According to the verdict, the court held that the defendant Li Xiaojuan's behavior was excessive defense, but his armed attack on Wang Jun's vital parts led to the serious consequences of Wang Jun's death on the spot. The degree of defense obviously exceeds the necessary limit, causing great damage, which belongs to excessive defense and its behavior constitutes the crime of intentional injury.
The court held that Li Xiaojuan's excessive defense constituted the crime of intentional injury, but how to define justifiable defense and excessive defense? How can we grasp the scale? What if a stranger breaks into the house? Is it self-defense to stop passengers from grabbing the direction on the bus? Chasing a thief caused him to be injured and prosecuted? The hitter can't fight back after stopping? ……
From the case of "Longge" in Kunshan to the case of Zhao Yu in Fuzhou, from Laiyuan in Hebei to Dong Mingang in Xingtai ... In recent years, a series of cases involving the application of self-defense have aroused great concern in society and heated discussions among netizens.
On the issue of self-defense, if the law cannot support it, social integrity will shrink more and more, and the dignity of the law will be weakened. Therefore, it is not only the expectation of the public, but also the demand of the judicial department to formulate more accurate opinions and unify the standard of self-defense.
According to the rule of law daily, on September 3, 2020, the Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Applying the Self-defense System according to Law was published, which made detailed provisions on the general requirements and specific application of the Self-defense system, clearly requiring that those who meet the conditions for the establishment of Self-defense should be recognized according to law.
The initial intention of the rule of law is to protect the core value concern of a society. A society ruled by law is inseparable from people's belief in law and respect for justice. We often say that "let the people feel fairness and justice in every judicial case", so how to embody this principle in law and justice? The most important thing is to respect human nature, public opinion and every ordinary person.
Meditation: "Honest officials can't break housework", but domestic violence is never a housework.
Li Xiaojuan's experience is unfortunate, but she is not the only one. According to the statistics of the All-China Women's Federation, 8 1 10,000 married women in China have suffered from domestic violence, and one woman suffers from domestic violence every 7.4 seconds. Among those women who seek help because of domestic violence, the longest one has been 40 years. Can you think about how many scars, how much blood and how much pain this is?
According to Henan Business Daily, on the evening of June 5438+20201October 8, 53-year-old Qi in Yangyuan County, Zhangjiakou City was ignited by her drunken husband's gasoline, and her whole body was severely burned and covered in blood. Her son said that her stepfather Ma always quarreled with her mother. "When he fights, he hits her with what he sees, such as beer bottles, and directly hits her on the head.
Data show that about 24.7% of the 270 million families in China have domestic violence, and 90% of them are female victims. Every 7.4 seconds, a woman suffers from domestic violence, and it takes an average of 35 times to call the police. In China, violent deaths account for more than 40% of female homicides, with1570,000 female suicides every year, of which 60% are due to domestic violence.
It has been almost four years since the first anti-domestic violence law was officially implemented in China. In the face of successive domestic violence incidents and official data, we have to admit that these laws on domestic violence need to be improved and law enforcement needs to be strengthened.
Why did the victim report domestic violence many times, but the police did not handle it? What deterrent effect does the law have on domestic violence? Where is the victim's protection?
It is said that "honest officials can't break housework", but domestic violence is never a housework. While calling for "saying no to domestic violence", we should create an environment in which victims of domestic violence dare to say "no".