A month ago, the wanton illegal activity of nucleic acid testing institutions has just subsided. Half a month ago, the attack at Tangshan Barbecue in Hebei Province triggered a nationwide fever, followed by the bustle of the Red Code incident in Zhengzhou, Henan Province. However, the criminal case involving the father and daughter of Yellow Code in Dandong, Liaoning Province, due to medical obstruction, has again attracted the attention of the entire population. It can be said that one wave has not been flat and another wave has been hot. When will the dots of the troubled autumn end? In the face of this situation, the author, who has always been cautious, originally wanted to let the bullets fly for a while. However, netizens are still concerned about it, so let's talk about it based on the facts.

1、 Event Summary

Video screenshot

At around 18:00 on June 21, 2022, a father and daughter in Dandong, Liaoning Province, drove from home to the hospital early in the morning after receiving a nucleic acid test and a community certificate. On the way, they were stopped by the police on duty on the grounds of "yellow code is not allowed to go to the hospital according to the policy". After that, the woman said that she would not let the doctor go back to the head office, but the police still blocked her from leaving. Subsequently, the woman was pushed by the police and fell to the ground. Upon seeing this, the old father immediately stepped forward and slapped the police (there were also videos showing that she did not hit the face, but was thrown on her arm due to the police's obstruction).

On June 22, the Zhenxing Branch of the Dandong Public Security Bureau issued a "police briefing" stating that the woman Hao Mouli refused to cooperate in complying with the epidemic prevention regulations and got off the bus to argue with the police. During the process, her father Hao Moucheng came forward and hit the police on the face. Currently, the woman Hao Mouli has been sentenced to administrative detention for 10 days; Old man Hao Mou was taken criminal coercive measures due to his suspicion of assaulting a police officer.

2、 Why did this case cause heated debate among the whole people?

It is undeniable that the people's police with special identities, as a team that has sacrificed the most and contributed the most in the era of peace, have played an indispensable role in protecting the legitimate rights and interests of citizens, maintaining social and public order, and ensuring national security. In view of the high incidence of violent attacks and threats to the police in recent years, which has a certain degree of harm to the authority of police law enforcement and the dignity of national laws. On December 26, 2020, the Criminal Law Amendment (11) was voted and passed at the 24th meeting of the Standing Committee of the 13th National People's Congress, ultimately separating the act of assaulting a police officer from the crime of impairing official duties, and establishing it as a separate crime of assaulting a police officer, effective as of March 1, 2021. The establishment of the crime of assaulting a police officer reflects the self improvement of China's criminal law system, comprehensive consideration of criminal policies, and the practical needs of social governance.

As a new crime, the crime of assaulting a police officer has been implemented for more than a year, although there are many practical issues and academic disputes, the overall effect is good. So, in this context, why has the issue of Dandong, Liaoning, focused the attention of the entire country, and is it the vast majority of netizens who overwhelmingly support this father and daughter with absolute power? The author believes that this must be a concentrated outbreak of some kind of problem, and this kind of problem has aroused deep resonance among the people. Among them are the issues of the way of social governance, the long-standing work style of some local governments and public officials, the credibility of law enforcement and justice, civil liberties and rights, the social anxiety caused by long-term and layered epidemic prevention, and the people's persistent pursuit of the rule of law.

one falling leaf is indicative of the coming of autumn. Although the incident was simple, it reflected and reflected a complex and profound social problem. Therefore, the incident triggered a heated debate among the whole people, which seemed accidental but was actually inevitable.

3、 The rights and wrongs of both the police and the people in this incident

Based on the "Police Information Bulletin", the author has found through a large number of searches and comparisons that the videos circulated online can basically objectively reflect the course of the facts. So, we might as well examine what happened and what is right and what is wrong.

For the police:

What is the basis for refusing to let a woman go home without releasing her? This is a question of the rationality and legitimacy of law enforcement.
"Many law enforcement officers are facing a woman and a sick 70 year old man, both of whom are not extremely vicious or armed criminals. Why is it necessary to push the woman to the ground (although it does not appear to be very forceful)?"? This is a question of the necessity and scale of law enforcement.

Does the policeman pretend to be on the ground and intentionally show off (after all, the discerning person can see it from his "three steps and one turn back" and "intentionally standing up like a swallow after recording the portrait")? This is a question of civilized law enforcement and human integrity.

After getting up, the police immediately yanked the woman from the driver's cab onto the road. Is it venting their anger or retaliating (after all, it's the elderly, not the women, who slapped them)?

For women:

1. Undeniably, the woman's cry was a bit loud. But let's think about it. When we wake up at five in the morning to do nucleic acid work, run to the streets and communities to issue certificates, and travel with sick elderly people, is it too emotional to encounter such things? Not to mention female comrades who are inherently emotionally vulnerable. Understandable.

Whether it's excitement or gaffe, we can more often see women's restraint. She not only said she would go home without allowing passage, but also repeatedly discouraged her father from making physical contact with the police throughout. Worthy of recognition.

For the elderly:

The only mistake was to slap the police. However, it should also depend on the circumstances under which the action was taken and whether the circumstances were serious. Facing the moment when her daughter was pushed to the ground by the police, Huzi was eager and rushed to take action. Even if it was inappropriate, the author believes that there should not be too harsh. What's more, there are video reports that the old man's palm only hit the outstretched arm of the police officer. In addition, the elderly person is elderly and sick, and it can be seen from the video that his physical strength is weak, so his slap cannot be too heavy. Therefore, it can be said that the plot is slight and justifiable.

As for the issue of whether the elderly themselves have community certification, there is no inevitable correlation between the determination of the crime of assaulting a police officer.

4、 The old man's slapping behavior in this case

Can it constitute a crime of assaulting a police officer?

The correct analysis of any social phenomenon should seek the integration and unification of natural principles, national laws, and human relations, as should be the case in this case.

First, we can't help but ask, who stipulates that yellow codes cannot be used for medical treatment? "And it is only after the nucleic acid has been done in a timely manner and the community has issued a certificate permitting it.". Who stipulated that even if they were not allowed to go to the hospital, they would not be allowed to return home? This is a bit absurd. I think this is a truth that any normal person can understand.

Secondly, a prerequisite for constituting the crime of assaulting a police officer is that the police's official behavior must be lawful and legitimate. If the contradiction is exacerbated by the police's own mistakes or even illegal acts, it may not be easily recognized as the crime of assaulting a police officer.

Thirdly, from a textual perspective, "attack" itself means violent confrontation and attack. Therefore, even if the behavior of the elderly in this case is inappropriate, considering the special causes, environment, and relatively minor circumstances at that time, it is not appropriate to consider it as a degree of violence in the sense of criminal law. Moreover, there is a proviso in Article 13 of the Criminal Law of China that "if the circumstances are significantly minor and the harm is not significant, it shall not be considered a crime".

Fourthly, in terms of legislative purposes, the criminal law establishes the crime of assaulting a police officer in order to maintain the authority of police law enforcement and create a good atmosphere of respecting the law. Therefore, treating acts of minor physical conflict with no serious consequences as assaulting a police officer for a cause may not only fail to achieve a good punishment and education effect, but also affect the image of police law enforcement and undermine the relationship between the police and the people.

Fifth, the principle of modesty and restraint in criminal law must be considered. The essence of its connotation lies in: When other laws are sufficient to suppress certain illegal acts and safeguard legitimate rights and interests, they should not be defined as crimes; When the application of lighter sanctions is sufficient to suppress certain criminal acts and protect legitimate rights and interests, the application of heavier sanctions should not be applied. In this case, the woman was pushed to the ground first, which is the cause of the matter; "Father only takes action when he is in a hurry, which is due to the instinct of fatherly love, and it is also human nature.". What else can I do? Is it the only correct way to ask the father to stand idly by in the face of this situation? Therefore, for the minor actions of the elderly, it is possible to criticize education and even impose administrative penalties. However, as a criminal law that concerns human freedom and even life, it is necessary to maintain a modest attitude.

Sixth, equality for all is not only a basic legal principle, but also the essence of harmony and the rule of law. In order for society to be harmonious, relationships between all parties must be balanced, and personality must be equal, otherwise all talk is nonsense. As for the event of giving red codes to Zhengzhou, Henan Province, which is the closest in time, the public officials who abuse public power, arbitrarily use the personal information of depositors, and arbitrarily restrict the freedom of travel of others are simply dismissed or demoted. In this case, if a 70 year old sick elderly person is to be labeled as a "criminal" due to an unintentional act, where will the two ends of the balance of fairness and justice be? How will the emotions and pain of the people be compensated?

Therefore, whether from the perspective of national law or out of respect for natural principles and human relations, the slap of a 70 year old person should not be convicted or punished.

5、 Write at the end

In fact, the vast majority of the people are kind-hearted. Ordinary people, who are well fed and well clothed, have no disasters or diseases, generally do not act out of line. The government must never forget its purpose of serving the people. It is the legal requirement for public officials to correctly perform their duties and fulfill their responsibilities. Serving the people, being diligent and pragmatic, and having the courage to assume responsibility are the legal requirements. To manage the people, we need to rely on presenting facts and reasoning, on civilization and civilisation to subdue others with virtue, on the mentality of privilege, and on condescension. Only in this way can the heaven and earth be clear and clear, the wind clear and the air positive, the upper and lower levels harmonious, and the eight directions harmonious. The Dandong police should reflect and reexamine the case.