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 showing a man slapping a toddler and pushing an elderly person to the ground has gone viral online.
On November 9, Nanjing police issued a briefing on the case. Lu, whose son had his scalp scratched by a classmate while fighting over a toy at kindergarten that morning, went to the other boy's home to demand an explanation. During the visit, Lu became emotionally agitated and struck the boy in the face with his hand, causing him to fall flat on his back. The boy's grandfather, Zu, then clashed physically with Lu, first using a plastic chair and then a larger chair, and was pushed down by Lu, resulting in a leg fracture. Lu has now been criminally detained by public security authorities on suspicion of intentional injury, and the case is under further investigation.
Tang, the mother of the boy who was slapped, said that they immediately called the police after the incident. The slapping by the parent involved caused bruises on her son’s face, contusions to the (left) outer ear, and some impact on his hearing, which will require further examination; the child’s grandfather suffered a fracture of the upper right fibula. On the afternoon of the 9th, a forensic doctor conducted an injury assessment for them.
On the evening of November 9, a video surfaced showing individuals believed to be relatives of Lu offering an apology at the family's home. In the footage, two people said to be Lu's relatives are seen kneeling on the ground, repeatedly begging for forgiveness through tears, while the boy's family members help them to their feet several times.
The
[1] The People's Republic of China
Criminal Law
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.
