In recent days, the Tangshan restaurant attack incident in Hubei Province became viral, causing a great uproar in China and even around the world. In the eyes of the public, several strong men openly attacked women without any justifiable reason. The most injured woman in white was beaten with blood and lost several teeth.
After the incident, Luo Xiang, a well-known legal figure, posted a short video on his WeChat official account, expressing his attitude towards the incident.
In the beginning, the popular law teacher who has millions of followers on social media made clear his attitude, "Everyone felt very angry about it, and I was so angry that I didn't even have dinner. Some would say you should be calm and not emotional about such an event. I don’t think the calmness is what the warm-blooded human should have."
Asked how he would handle the case legally, Luo Xiang believes that if the facts are as reported by the media, the men may be suspected of defiance and affray. In China, malicious injury has three levels in criminal law: minor wound, serious injury, and causing death. The corresponding punishments are as follows. Whoever causes a minor wound could be sentenced to a fixed-term imprisonment of no more than three years, criminal detention or public surveillance; whoever causes serious injury could be sentenced to 3 to 10 years' imprisonment; and whoever causes death, serious injury or serious disability by cruel means could be sentenced to a fixed-term imprisonment of no less than 10 years, life imprisonment or even death. Whoever beats others at will, if the circumstances are vile and disrupt social order, can be sentenced to a fixed-term imprisonment of no more than five years, criminal detention, or public surveillance.
Luo explained that beating others at will is actually a rogue motive. The defiance and affray crimes aim to punish the serious hooliganism in the common people's impression. A typical hooligan means harassing others and fighting upon rejection when others are having a meal.
Therefore, whoever causes a minor wound would constitute malicious injury and defiance and affray crime. If it is not a minor wound, but only a slight wound, then it would only constitute defiance and affray. In fact, the punishment for defiance and affray crime may be heavier than the malicious injury-causing minor wound in Chinese law, as the maximum penalty could be five years' imprisonment. Whoever causes serious injury would be sentenced to a maximum of 10 years imprisonment.
Luo Xiang said that the law must defend human dignity and advocate respect for others. Any behavior that tramples on human dignity should be condemned by the law. Meanwhile, the law should also encourage positive thinking and protect those who help others for a just cause.
Besides the law, what is more important is our moral self-discipline. According to the principle of Mencius, do we have the sense of shame to constantly examine our hearts? "Every hot case actually makes me examine myself. Do I really respect others?" Luo Xiang said so. Finally, Luo Xiang also posed a challenges to everyone: If you had been at the crime scene, would you stand up as brave and upright as you could be?"
- Translated by Oliver Zuo
最近几天，发生在河北唐山的烧烤店打人事件登上了热搜，在全国甚至世界范围内都闹得沸沸扬扬。众目睽睽之下，几位身强力壮的男性居然毫无正当理由地公然殴打女性，受伤最重的白衣女子被打得浑身是血，好几颗牙齿都被打掉了。
事件发生之后，著名法律界人士罗翔在其公众号上就唐山烧烤店打人事件发了短视频，表达了自己对于该起事件的态度。
视频一开始，罗翔就直截了当地表明了自己对这起事件的态度。罗翔说：“这个事件让大家都感到非常的愤怒，我也非常的生气，连晚饭都没怎么吃。有人说看到这种新闻应该冷静冷静再冷静，不能情绪激动。我觉得这种超越性的思维可能都不是一个温血动物应该具备的情感。”
有人问罗翔类似唐山烧烤店打人事件这样的案件会怎么处理？罗翔认为，如果这个案件的事实如媒体所报道的那样，那么这种案件可能就会涉嫌寻衅滋事和故意伤害。在中国，刑法的故意伤害具有轻伤、重伤和致人死亡三种刑罚。相应的刑罚分别是三年以下有期徒刑、拘役或者管制；致人重伤是3~10年有期徒刑；致人死亡，或者以特别残忍手段致人重伤，造成严重残疾，处10年以上有期徒刑、无期徒刑或者死刑。随意殴打他人，情节恶劣，破坏社会秩序，按照法律可以处5年以下有期徒刑、拘役或者管制。
罗翔解释说，随意殴打他人的随意，其实就是一种流氓动机。寻衅滋事所打击的对象，就是传统的老百姓印象中的那种严重的流氓行为。比如别人在那好好的吃饭，你去对别人进行骚扰，被人拒绝还恼羞成怒大打出手，这就是典型的耍流氓。
因此如果打人事件导致他成轻伤，那就属于故意伤害和寻衅滋事。如果只是打成轻微伤，没有导致轻伤，可能就直接定寻衅滋事也就可以了。寻衅滋事其实处罚可能会更重，它比故意伤害致人轻伤的处罚更重，因为最高可以判五年有期徒刑。
而如果把他人打成重伤，最高可以到10年有期徒刑。
罗翔说，法律一定要捍卫人的尊严，要倡导对人的尊重，任何物化践踏人格尊严的行为都应该受到法律的谴责。同时，法律也要鼓励人心向上，保护人们的善行。
除了法律，更重要的还是我们的道德自律。就像孟子所说的，我们是否有羞恶之心来时常审查我们的内心呢？“每一个热点案件其实都让我自己在审视我自己，我是否能够真正的尊重他人？”罗翔如此说。最后，罗翔也向每一个人提出了问题和挑战——“如果当时你就在案发现场的话，你会不会挺身而出？像你想象的那么勇敢和正直？”
https://www.christiantimes.cn/news/37253/
著名法律界人士罗翔发文 怎样看待唐山烧烤店打人事件？
In recent days, the Tangshan restaurant attack incident in Hubei Province became viral, causing a great uproar in China and even around the world. In the eyes of the public, several strong men openly attacked women without any justifiable reason. The most injured woman in white was beaten with blood and lost several teeth.
After the incident, Luo Xiang, a well-known legal figure, posted a short video on his WeChat official account, expressing his attitude towards the incident.
In the beginning, the popular law teacher who has millions of followers on social media made clear his attitude, "Everyone felt very angry about it, and I was so angry that I didn't even have dinner. Some would say you should be calm and not emotional about such an event. I don’t think the calmness is what the warm-blooded human should have."
Asked how he would handle the case legally, Luo Xiang believes that if the facts are as reported by the media, the men may be suspected of defiance and affray. In China, malicious injury has three levels in criminal law: minor wound, serious injury, and causing death. The corresponding punishments are as follows. Whoever causes a minor wound could be sentenced to a fixed-term imprisonment of no more than three years, criminal detention or public surveillance; whoever causes serious injury could be sentenced to 3 to 10 years' imprisonment; and whoever causes death, serious injury or serious disability by cruel means could be sentenced to a fixed-term imprisonment of no less than 10 years, life imprisonment or even death. Whoever beats others at will, if the circumstances are vile and disrupt social order, can be sentenced to a fixed-term imprisonment of no more than five years, criminal detention, or public surveillance.
Luo explained that beating others at will is actually a rogue motive. The defiance and affray crimes aim to punish the serious hooliganism in the common people's impression. A typical hooligan means harassing others and fighting upon rejection when others are having a meal.
Therefore, whoever causes a minor wound would constitute malicious injury and defiance and affray crime. If it is not a minor wound, but only a slight wound, then it would only constitute defiance and affray. In fact, the punishment for defiance and affray crime may be heavier than the malicious injury-causing minor wound in Chinese law, as the maximum penalty could be five years' imprisonment. Whoever causes serious injury would be sentenced to a maximum of 10 years imprisonment.
Luo Xiang said that the law must defend human dignity and advocate respect for others. Any behavior that tramples on human dignity should be condemned by the law. Meanwhile, the law should also encourage positive thinking and protect those who help others for a just cause.
Besides the law, what is more important is our moral self-discipline. According to the principle of Mencius, do we have the sense of shame to constantly examine our hearts? "Every hot case actually makes me examine myself. Do I really respect others?" Luo Xiang said so. Finally, Luo Xiang also posed a challenges to everyone: If you had been at the crime scene, would you stand up as brave and upright as you could be?"
- Translated by Oliver Zuo
Well-Known Legal Figure Luo Xiang’s View on Tangshan Restaurant Attack
