Yesterday at noon, Qingdao Public Security released a report on the female driver of the reversed Land Rover, but the report was too biased towards the female driver, which once again triggered dissatisfaction among netizens.
Currently in the United States, Global Times reporter Dai Yuxiao commented on his personal homepage: The tendency of the report writer is too obvious, using a large number of Spring and Autumn techniques.
Dai Yuxiao said: The report only mentioned that the male driver’s profession is now a “self-employed business owner”, without mentioning that he was once a glorious soldier of the people.
However, when describing the female driver’s profession, a sentence “once engaged in tea shop management and individual transportation” was added before “currently unemployed”.
The report did not say where the male driver was going or what he was doing, but specifically described that the female driver was “driving to the hospital for an appointment”, which seemed to create a sense of urgency to pave the way for her subsequent behavior.
If there is indeed an urgent health situation, driving in the wrong direction, taking shortcuts, or running red lights may be excusable, but judging from the lively appearance of the female driver involved in the incident, this person does not seem to have any serious problems.
In addition, after getting out of the car, the female driver has been busy scolding and hitting people, and it was not enough once, she returned several times to continue scolding and hitting people, instead of leaving her contact information and immediately driving away. Obviously, this is not what people who are in a hurry to see a doctor would do. The so-called sense of urgency is not established.
The cause of this dispute was originally very simple, which was that the female driver violated traffic regulations and drove in the wrong direction over a solid line. But the report added a sentence before describing the female driver’s reverse driving, “because there are many vehicles, the traffic is slow”.
Is “slow traffic” a reason for illegal reverse driving? If everyone thinks their lane is too slow and goes to reverse over the solid line, what do we need traffic regulations for?
Then the report began to describe the male driver’s “vehicle continued to move forward” which led to the female driver “unable to merge into the forward lane” and “a scrape with a tourist bus traveling in the forward direction”, and then began to write about the female driver getting out of the car to scold and hit people. The implication is that the male driver took the lead in forcing her, causing the female driver to hit the bus, which led to the female driver’s subsequent rampage. This paragraph completely reverses right and wrong. It was the female driver who violated the regulations and drove in the wrong direction first, and the male driver had the right of way to drive in the correct direction. He had no reason to give way at all. The male driver did not allow the reverse vehicle to “merge into the forward lane”, which shows that he is a good citizen with a sense of justice, and Qingdao should commend him. The female driver’s collision with the bus was entirely her own responsibility.
Regarding why the female driver is not applicable for provoking trouble, the report explains that the case “was caused by a traffic dispute”, so it does not meet the constituent elements of the act of provoking trouble.
There is no mention in Article 293 of the “Criminal Law” on “crime of provoking trouble” and the “Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Provoking Trouble” issued by the Supreme People’s Court and the Supreme People’s Procuratorate that cases “caused by traffic disputes” are not applicable for provoking trouble.
Instead, it clearly states that “if a person, due to accidental contradictions and disputes in daily life, makes trouble on purpose and commits the acts stipulated in Article 293 of the Criminal Law, it shall be determined as ‘provoking trouble’, unless the contradiction is intentionally caused by the victim or the victim bears the main responsibility for the intensification of the contradiction”.
I really don’t know how the Qingdao Public Security Bureau reads the law.
The male driver did nothing wrong from beginning to end, and did not “intentionally cause” or “intensify” the contradiction. And the female driver, because the male driver did not let her cut in line in the wrong direction, this “accidental contradiction and dispute in daily life”, then “made trouble on purpose” and fought, which fully complies with the “provoking trouble” behavior recognized by the “Interpretation” of the Supreme People’s Court and the Supreme People’s Procuratorate.
This report used a large number of words and superb writing skills to find excuses and pave the way for the female driver, but only mentioned “insulting and beating” for the illegal behavior of the female driver that caused public outrage, without writing how the female driver shouted “What’s wrong with me driving in the wrong direction? What’s wrong with me hitting you?”, without writing how the female driver pushed other passers-by, without writing how the female driver returned several times to hit people, without writing what weapons the female driver used to hit people, without writing how much chaos and congestion the female driver caused, etc., and even without any criticism and condemnation of the female driver’s illegal behavior. Such a report is really difficult to convince the public.
To practice “the law cannot yield to the lawless”, you must first learn to stand on the side of the law. Public power defending illegal acts is humiliating to law-abiding citizens.
Previously, the media reported that being beaten and insulted by a person driving illegally, even if blood was flowing from the mouth and nose, they had to remain calm, not fight back to prevent the situation from escalating. If the result was that the person who hit the person was detained for 10 days, fined 1,000 yuan, and then went through a civil lawsuit, and compensated a few hundred or a few thousand yuan, such a result, not to mention the driver who was beaten could not accept it, the public may not be able to accept it either.
In this regard, many lawyers, when interviewed by Red Star News, expressed another point of view:
The punishment reflected in the report does not mean that it is the only punishment for the female driver. This is actually a misreading of the report by netizens. The female driver will likely face a series of investigations later.
Is it as the lawyers judged? The results proved that the lawyers judged in vain…
It goes without saying that because of this manic and violent lady, the slogan of “Welcome to Shandong” has been greatly reduced, and the image of the beautiful coastal city of Qingdao has been covered with a thick shadow.
This woman should be condemned and punished. She, with her own efforts, has greatly affected the image of Shandong and Qingdao, which has been working hard for many years to create a welcoming and people-friendly image!
The other party in this matter, the man who was beaten for no reason, the image of his face covered in blood, has received the heartache and sympathy of the majority of netizens.
The well-known public account “Rongguan Tianxia” believes that if a man, a young and strong man in his prime, does not dare to defend his legitimate personal rights when they are violated, can you expect him to defend society and the legitimate rights of others? Can you expect him to dare to do what is right at critical moments? Can you expect him to fight to the death when the country is violated?
In addition, even if he fights back, the law should also stand on his side. We clearly have the legal term “justified defense”, which refers to the act of taking measures to stop illegal infringement against a person who is committing an illegal infringement, and causing damage to the illegal infringer, which is justified defense and does not bear criminal responsibility.
At the two sessions of the National People’s Congress in March 2024, the work report of the Supreme People’s Court showed that from 2021 to 2023, the people’s courts declared 77 defendants not guilty on the grounds of justified defense. The report clearly stated: “The law cannot yield to the lawless” is not a slogan, and “Article 20” has been awakened.
The law clearly has regulations, but you don’t dare to fight. If the law is in a gray area, you will be even more cowardly.
As for the man who was beaten for no reason, he defended himself by saying that because he had children in the car, it was not convenient to “fight back”. Rongguan Tianxia believes that this is a big mistake. You were beaten like this for no reason, and you didn’t even dare to fight back. What kind of example do you want to set for your children? Do you hope that your children will grow up to be as cowardly as you are and not dare to defend their legitimate rights?
Will the young children see their father being beaten like this for no reason, leaving an unforgettable shadow in their young hearts?
Therefore, in any case, Rongguan Tianxia cannot sympathize with this young man.
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