A public official who assaulted his elderly mother will face severe punishment without leniency for violating laws and discipline.

📅 2021-12-06 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #People's Republic of China #Public Officials #Criminal Law #Assaulting Mother #Violation of Law and Discipline

Compiled from: The Paper, Southern Daily
 
Case review
On November 26, in Jiamusi, Heilongjiang, a video of a woman assaulting her elderly mother went viral online. The video shows the woman repeatedly pushing her mother, slapping her in the face, and saying, “Sign the document for me!” During the incident, someone came to intervene, but the woman continued the assault.

 
 

On the 29th, the Jiamusi Municipal Natural Resources and Planning Bureau stated that the woman who committed the assault is a civil servant of the bureau. The disciplinary inspection and supervisory authorities have filed a case for review against her and will handle it in accordance with discipline, regulations, and law. The public security organ has decided to detain the woman for 15 days and impose a fine of 1,000 yuan. The police are investigating the reason for the assault, and the bureau will also issue a notice to give everyone an explanation. The women's federation, community, and other relevant parties will be responsible for providing care and support to her mother.

 
 

 
"Criminal Law of the People's Republic of China"
Article 260
Whoever maltreats a family member under severe circumstances shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention, or public surveillance. If the crime in the preceding paragraph causes serious injury or death to the victim, the offender shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
 
 
Public Security Administration Punishments Law of the People's Republic of China
Article 43
Whoever assaults another person or intentionally injures the body of another person shall be detained for not less than five days but not more than ten days and shall also be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than 500 yuan. Under any of the following circumstances, they shall be detained for not less than ten days but not more than fifteen days and shall also be fined not less than 500 yuan but not more than 1,000 yuan:
……
(2) Assaulting or injuring a disabled person, a pregnant woman, a person under the age of fourteen, or a person aged sixty or older;
……
 
Article 45
Whoever commits any of the following acts shall be detained for not more than five days or given a warning:
(1) Abusing a family member, where the abused person requests handling
……
 
 
The Law of the People's Republic of China on Administrative Discipline for Public Officials
Article 40
Acts of domestic violence, abuse, or abandonment of family members, as well as other serious violations of family virtues and social ethics, shall be subject to warnings, demerits, or major demerits; if the circumstances are relatively severe, demotion or removal from position shall be imposed; if the circumstances are serious, expulsion shall be imposed.

 
 

 
[1] The author's perspective
In this case, the woman involved who beat her mother has aroused public outrage and indignation, not only because such unfilial behavior violates the bottom line of human ethics, but also because she is a public official who should have been a good role model for the people, yet turned into the ugliest demon.
 
It is reported that the public security organ in Jiamusi City imposed administrative penalties on Wang because it determined that he had assaulted a person aged 60 or above. Such conduct has already infringed upon another person’s right to bodily integrity and health, but has not yet reached the threshold of a crime. Therefore, in accordance with the Public Security Administration Punishments Law, Wang was detained for 15 days and fined 1,000 yuan. If Wang’s act of assaulting his mother had already constituted a crime, it would be handled in accordance with Article 260 of the aforementioned Criminal Law; however, if the circumstances are minor, the procuratorial organ may decide not to initiate prosecution, or the people’s court may render a judgment exempting him from criminal punishment. In addition, because Wang also holds the status of a public official, under Article 40 of the Law on Disciplinary Sanctions for Public Officials, the disciplinary inspection organ will also impose corresponding sanctions on Wang.
 
Even animals understand the virtue of gratitude—the lamb kneels to nurse, and the crow feeds its aging parent in return. If animals know to repay kindness, how much more should humans? This incident not only serves as a lesson for those who beat their parents but also sounds a warning for public officials who fail to honor their parents. Abiding by the law and respecting and caring for the elderly are fundamental principles that every family and every child should uphold.

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