Slapping a young child and pushing over an elderly person—fatherly love knows no bounds, but the law has its limits.
Compiled from The Paper
Case review
A surveillance video of "slapping a child and pushing an elderly person" has gone viral online.
On November 9, Nanjing police issued a notice on the case, stating that Lu Moumou went to the other party's home to seek an explanation after his son had his scalp scratched by a boy in the same class while competing for toys at kindergarten that morning. During the incident, Lu became agitated and struck the boy's face with his hand, causing him to fall backward. The boy's grandfather, Zu Moumou, engaged in a physical altercation with Lu, first using a plastic chair and then a larger chair, and was pushed by Lu, resulting in a leg fracture. Lu is currently under criminal detention by public security authorities on suspicion of intentional injury, and the case is under further investigation.
The mother of the slapped boy, Ms. Tang, said they immediately reported the incident to the police. The slapping by the involved parent caused her son facial contusions, (left) ear contusions, and some hearing impairment, requiring further examination; the child's grandfather suffered a fracture of the upper right fibula. On the afternoon of the 9th, forensic doctors conducted injury assessments for them.
On the evening of November 9, a video of suspected relatives of Lu Moumou apologizing at the door was exposed. In the video, two suspected relatives of Lu knelt on the ground, repeatedly crying for forgiveness, while the boy's family helped them up multiple times.
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[1] The People's Republic of China
刑法》
Article 234 [Intentional Injury Crime]
Whoever intentionally inflicts injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph, causing serious injury to another person, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if causing death or causing serious injury by particularly cruel means, resulting in severe disability, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.
[1] The author's perspective
Originally, it was a scuffle between children, but it escalated to intentional injury between adults. From this case, we can see that the method of problem-solving is crucial. Lu Moumou decided to confront the other child's parents because his child was bullied, which was the right approach. According to relevant information, the other parent promptly taught their child not to hit others and made an agreement with Lu that such behavior would not recur. However, at that moment, Lu swung his arm and hit the other child first, and when the elderly man tried to stop him, he pushed him to the ground, elevating the matter to a criminal case. Originally, Lu's family was in the right, but now they are apologizing at the door overnight, seeking forgiveness. The problem was not only poorly resolved but also led to more issues, truly a case of gaining nothing.
Currently, forensic experts have conducted injury assessments on the child and the elderly person. If the injuries reach the level of minor harm, then Lu's intentional assault may lead to criminal liability, punishable by up to three years in prison, criminal detention, or public surveillance. Therefore, schools and parents must not overlook campus violence occurring in kindergartens, take timely and effective measures to prevent such incidents, and resolutely prevent the escalation of violent acts.