Point of view | "thousands of miles of family letters are only for walls, so why not let him have three feet?" -- the perception of a neighboring dispute
Published:
2022-12-07
Recently, the author handled a case of suspected intentional injury caused by a neighboring dispute. After several twists and turns, he was finally not prosecuted. Brief of the case Lao Wang (68 years old) and Lao Li (80 years old) are adjacent to each other, and there is always a gap between them due to land boundary problems. Lao Li built a partition wall between the two contracted land. Lao Wang believed that Lao Li's partition wall occupied Lao Wang's land, so he tore down Lao Li's partition wall. As a result, the two quarreled and then had physical conflicts, resulting in Lao Li's clavicle and right scapula fractures, which were identified as minor injuries of grade II. Lao Wang was filed for investigation on suspicion of intentional injury and was later transferred to the procuratorate. Process The author accepts the suspect Lao Wang's commission at the procuratorate stage. The client, Lao Wang, objected to the injury of the victim, Lao Li. It is first suspected that the victim was fraudulently injured or self-injured. After the two had a dispute, the victim had an X-ray examination in the health center that day. No fracture was found, nor was he hospitalized, and he was able to go to the market as usual, but three days later, he was in another hospital. It was found that the clavicle and right scapula were fractured, so the client Lao Wang suspected that the victim was fraudulently injured or self-injured. After checking the law enforcement recorder of the police personnel, it was shown that the victim had already explained the unbearable pain in his right shoulder when the police went out. As for the fracture that was not detected on the same day, the hospital explained that the X-ray examination done by the victim on the day of the crime was a two-dimensional plane examination, the CT examination done three days later was a three-dimensional examination, and the injuries that could not be found through two-dimensional could be found through three-dimensional, this precludes the possibility of fraudulent or self-infliction of injury by the victim. The client also suspected that the victim's injury was an old injury. After consulting relevant medical experts, the possibility of the victim passing the old injury as a new injury was ruled out, which eliminated the client's doubts. Based on the actual situation of this case, considering that the two people are from the same village and neighbors, if the contradiction can be resolved, it will be beneficial for the two families to live in harmony for a long time, so the defender will shift the focus of his work to mediation and reconciliation. It is commendable that in order to resolve the contradiction between the two sides, the public prosecutor in this case has done a lot of work. He has come to the field three times to mediate the dispute for the two old people. In the end, Lao Wang actively compensated Lao Li for his loss and obtained Lao Li's understanding. The two old people finally turned fighting into friendship. Processing results The procuratorate made a decision not to prosecute Lao Wang. Case perception The case is a modern version of the "six foot lane". Just as Zhang Ying, a famous official of the Qing Dynasty, said in "Six-foot Lane", "A thousand-mile letter is only for the wall, so why not let him three feet? The Great Wall is still there today, but the First Emperor of Qin was not seen in those days."
Recently, the author handled a case of suspected intentional injury caused by a neighboring dispute. After several twists and turns, he was finally not prosecuted.
Brief of the case
Lao Wang (68 years old) and Lao Li (80 years old) are adjacent to each other, and there is always a gap between them due to land boundary problems. Lao Li built a partition wall between the two contracted land. Lao Wang believed that Lao Li's partition wall occupied Lao Wang's land, so he tore down Lao Li's partition wall. As a result, the two quarreled and then had physical conflicts, resulting in Lao Li's clavicle and right scapula fractures, which were identified as minor injuries of grade II. Lao Wang was filed for investigation on suspicion of intentional injury and was later transferred to the procuratorate.
Process
The author accepts the suspect Lao Wang's commission at the procuratorate stage. The client, Lao Wang, objected to the injury of the victim, Lao Li.
It is first suspected that the victim was fraudulently injured or self-injured. After the two had a dispute, the victim had an X-ray examination in the health center that day. No fracture was found, nor was he hospitalized, and he was able to go to the market as usual, but three days later, he was in another hospital. It was found that the clavicle and right scapula were fractured, so the client Lao Wang suspected that the victim was fraudulently injured or self-injured. After checking the law enforcement recorder of the police personnel, it was shown that the victim had already explained the unbearable pain in his right shoulder when the police went out. As for the fracture that was not detected on the same day, the hospital explained that the X-ray examination done by the victim on the day of the crime was a two-dimensional plane examination, the CT examination done three days later was a three-dimensional examination, and the injuries that could not be found through two-dimensional could be found through three-dimensional, this precludes the possibility of fraudulent or self-infliction of injury by the victim.
The client also suspected that the victim's injury was an old injury. After consulting relevant medical experts, the possibility of the victim passing the old injury as a new injury was ruled out, which eliminated the client's doubts.
Based on the actual situation of this case, considering that the two people are from the same village and neighbors, if the contradiction can be resolved, it will be beneficial for the two families to live in harmony for a long time, so the defender will shift the focus of his work to mediation and reconciliation.
It is commendable that in order to resolve the contradiction between the two sides, the public prosecutor in this case has done a lot of work. He has come to the field three times to mediate the dispute for the two old people. In the end, Lao Wang actively compensated Lao Li for his loss and obtained Lao Li's understanding. The two old people finally turned fighting into friendship.
Processing results
The procuratorate made a decision not to prosecute Lao Wang.
Case perception
The case is a modern version of the "six foot lane".
Just as Zhang Ying, a famous official of the Qing Dynasty, said in "Six-foot Lane", "A thousand-mile letter is only for the wall, so why not let him three feet? The Great Wall is still there today, but the First Emperor of Qin was not seen in those days."
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