An example of a fight
Let's start with two fights: Case 1: A 23-year-old foreigner from effectiveness of the criminal law is an international student at a medical university in a certain country. On May 13 of a certain year, Bian Moumou deliberately retaliated after being punched by another medical university student An Mou. At 7 o'clock in the evening of June 10, Bianmou learned that Anmou was meeting a visitor in the reception room of the foreign students' L building 104, so he knocked at the reception room with a wooden stick. After Anmou opened the door, Zou hit Anmou with a wooden handle. After Ann broke free, seven domestic students, including Weng Mou, Feng Mou and Mo Mou, gathered at the west end of the corridor on the second floor of the international student dormitory, holding sticks, rattan and other equipment. Bianmou and five foreign students, including Zhu Mou, Mu Mou and Bai Mou, gathered in front of Room 208 in the middle of the corridor on the second floor of the foreign students' dormitory with wooden sticks and sharp kitchen knives, and the two sides formed a confrontational state. The two sides had a fight. In the fight, the wooden stick on the side was knocked off, and he stabbed Weng, a foreign student, in the upper abdomen with a sharp kitchen knife. The wound penetrated into the chest cavity and cut the liver into parts. He died the next afternoon after being rescued. [Question] What kind of crime does Bian's behavior constitute? Can our criminal law be applied to investigate his criminal responsibility? Case 2: Effective Scope of Criminal Law Li, male, aged 26, is a worker. Wang Yiyong, male, 24 years old, a worker. Both Li and Wang are citizens of China. In June 5438+10, the two men were hired to work on an American ship. On the 24th of the same month, after the ship docked at a port in Brazil, they made trouble by drinking on board. Not only did they not listen to the dissuasion of the captain and other staff members, but they also openly killed Zhang Shiliang, a citizen of China who stopped them. After the murder, he robbed some other crew members, then fled to a city in Brazil to hide, and planned to escape to a third country. Because their belongings were stolen during hiding, Wang Yiyong was forced to return to the ship and reported Li's hiding place. Later, the Brazilian police arrested Li and Wang. There are two more internet addicts: case 1. Li Jian was born in a village in tanghe county, Henan. His father is a carpenter with a good income, but after work, his father always likes to drink, often insults and beats his mother when he is drunk, and there is little peace at home. This family atmosphere makes the young Li Jian more and more introverted. He is usually taciturn, but he has a strong self-esteem. In 2005, under the leadership of his classmates, Li Jian walked into the Internet cafe for the first time and soon fell in love with a violent online game. Since then, Li Jian, who is withdrawn, has a place to vent. In that virtual network world, monsters became his underdog, and he became an invincible "God of War". Besides surfing the Internet, Li Jian is also addicted to martial arts novels. He worships heroes in novels and games. One day in March 2006, I went to the home of Zhang (a pseudonym), an 80-year-old man in the same village, to find my grandson, but when I entered the door, I slammed my bicycle behind the door because of excessive force, and then I argued with Zhang Fasheng. Later, I heard adults chatting and said that Zhang had tried to rape his neighbor Sargam. At this point, Li Jian decided to do justice for heaven and punish the "evil" villain. On May 3rd, 2006, after dinner, Li Jian's parents began to quarrel again. Disturbed, he quietly stuffed the kitchen knife into his coat, went straight to Zhang's residence and picked up half a brick at the door. Walking into the yard, he suddenly decided to give up killing Zhang, so he put the brick behind his back and stood up to leave. At this time, Zhang saw walking outside with his hands behind his back, thinking that he had stolen something, so he pulled it up. Li Jian was very angry. After hitting Zhang's head with a brick, he cut Zhang's neck and head with a kitchen knife until Zhang could not move. The next day, Li Jian went to school with his schoolbag on his back as usual, but as the case was solved, he was quickly arrested by the police. Li Jian confessed to his actions. In September 2006, Li Jian cried in court, realizing that he was too obsessed with martial arts novels and violent games, and embarked on this road of no return. After trial, the court held that the defendant Li Jian deliberately deprived others of their lives illegally, with cruel means and serious consequences, and his behavior constituted the crime of intentional homicide. However, he was under the age of 16 when he committed the crime, and he pleaded guilty after the crime. With the cooperation of his legal guardian, he can actively make civil compensation and show repentance, so he made the above judgment. Case 2. 1986, Jiang Yan was born in Zhang Yao Village, Guxian Town, lingbao city. His parents are honest farmers. Since childhood, Jiang Yan's introverted performance is average. He dropped out of school after one year of junior high school. During the slack season, Jiang Yan works in mines and construction sites to earn money. In everyone's eyes, he is a very filial child. In July, 2002, while working in Yuling Town, lingbao city, Jiang Yan learned to surf the Internet with friends, and gradually developed into an obsession. He gave himself a "make a clean break" screen name, which means only communicating with netizens and not interacting with others. Since then, Jiang Yan has been addicted to Internet cafes and stopped working to earn money. Because I spent a long time in internet cafes, the more than 2,000 yuan I earned from working quickly ran out. In order to raise money for surfing the Internet, he rummaged through his chest to steal money from his parents, his brother and even his sister's boyfriend's bride price, and finally he developed into stealing food from home and selling it online. After his parents found out, they beat and scolded him many times, but they still didn't pull him back from the Internet cafe. He lives in the illusory world of the internet all day, and surfing the internet has become the whole content of his life. The crime of robbing and killing people online without money comes from the expansion of desire. In May and June of 2003, Jiang Yan, who had no money to surf the Internet, had the idea of stealing money and things from others. He thought that he had played in Zhangping's home in the same village and saw a safe under Zhangping's bed. He thinks there must be a lot of money in it. At that time, Zhang Ping worked as a security guard in other places, and his father Zhang Chang was mining outside all the year round. Only Zhang Changgeng's wife and two daughters are at home. So Jiang Yan made up her mind to steal money from his family. On the morning of July 29th, 2003 1 pm, Jiang Yan found a watermelon knife more than a foot long from home and turned it into the yard through the gap in front of Zhang Changgeng's house. He pushed the door, but it didn't close. It happened that Zhang Changgeng's daughter, Zhang Ling, went to the toilet and cried loudly when she saw a black shadow. The crying alarmed her mother, Wang Changhua. She jumped out of bed and ran out. Jiang Yan's brain is blank. I can't tell where it was cut. When Zhang Ling was covered in blood and Wang Changhua fell in the yard, Jiang Yan knew that she had made a big disaster. He conveniently pulled off the telephone line, ran home over the wall, took clothes, mobile phone and watermelon knife, ran out of the village, got into the cornfield, took a spin at the intersection of the expressway and fled to Huxian County, Shaanxi Province. Because of his lack of skills, Jiang Yan wandered around and suffered a lot. In desperation, he called home for money and told his mother that Jiang Milan had a bank account. After receiving his son's call for help, Jiang Milan remitted 500 yuan to his account, but they were all included in the sight of public security personnel. On June 7, 2003, Jiang Yan was arrested by the police in Taipingyu Town, Huxian County, Shaanxi Province. Late regret 65438+ 10 65438+On the morning of May 2004, Sanmenxia Intermediate People's Court heard the case in closed session. During the trial, Zhang Changgeng and Zhang Ling, who were sitting on the plaintiff's bench in criminal incidental civil action, burst into tears many times, leaving deep scars on Zhang Ling's face. She is often in a trance because of extreme fear. Looking at the dignified judge and listening to the painful cries of bereaved families, Jiang Yan shed tears of regret.