The latest response from the Zigong police: Environmental sanitation workers were beaten while picking loquats and then detained for illegal activities | Loquat | Police

The news that Ma Congxian, a sanitation worker in Zigong, Sichuan, was found to have stolen loquats and was beaten by a company employee, resulting in minor injuries. He was also administratively detained for 4 days by the Zigong High tech Public Security Bureau after being reported on the cover news has attracted strong attention and response from netizens.

Photos of the day of the incident

Regarding netizens questioning: How many loquats did sanitation workers steal? Does it constitute an illegal act of theft? Is it appropriate to detain sanitation workers for 4 days, and impose a fine of 200 yuan on Shi who assaulted them for 5 days, and a fine of 400 yuan on Shi Mao? On June 18th, the Bancang Police Station of Zigong High tech Public Security Bureau gave a detailed introduction to the basic situation of the case, as well as the police mediation and handling process to Cover News reporters.

Questioning

Netizens are asking, "How many loquats have you actually stolen?"?

On June 16th, Cover News reported that due to suspected theft of loquats, Ma Congxian, an environmental sanitation worker at Huidong Property Company in Zigong City, had a conflict with personnel from Hongyun Reverser Company. Ma Congxian was beaten and identified as slightly injured. On June 16th, the High tech Public Security Bureau of Zigong City imposed an administrative detention of 4 days on Ma Congxian, and a detention of 5 days on Shi, a staff member of the Hongyun Reverse Stop Equipment Company, with a fine of 200 yuan. Shi, a staff member, was fined 400 yuan.

After the disclosure of the punishment decision, it once again attracted widespread attention and quickly made it onto the local news hot list in Zigong. Some netizens question: How many loquats did sanitation workers steal? Is it illegal? Is it appropriate for the police to impose administrative detention on both the perpetrator of assaulting sanitation workers and sanitation workers? Why doesn't the Zigong High tech Police disclose detailed investigation results to the public?

To be reconsidered

Family members believe that "it does not constitute theft"

In response to the police's punishment decision, Mao Qian, the daughter of Ma Congxian, stated that as a family member, she will submit an "Administrative Reconsideration Application" to the Zigong Public Security Bureau, applying to revoke the administrative detention decision made by the Zigong High tech Zone Public Security Bureau against Ma Congxian, "and to increase the punishment for the perpetrators."

Bancang Police Station of Zigong High tech Public Security Bureau

The family believes that Ma Congxian's behavior does not constitute theft, and the public security organs should not impose administrative detention on Ma Congxian. The punishment for the perpetrator in this case is obviously too lenient.

The family members also believe that there are procedural issues with improper law enforcement by the public security organs: the summons exceed the time limit, the family members are not notified in a timely manner after detention, and the parties are deprived of the right to apply for a temporary suspension of execution.

Watch the surveillance footage

There is a movement of climbing the wall to pick loquats inside the wall

The person in charge of the Bancang Police Station of the High tech Branch of Zigong Public Security Bureau and the investigating police introduced that through on-site investigation and questioning of relevant actors and witnesses, and the retrieval of monitoring facilities of the involved and neighboring enterprises, the basic facts of the case were confirmed as follows:

At around 3pm on April 21st, sanitation workers Ma Congxian and Liang Mofen from Huidong Property Company cleaned up garbage on the section of Hongyun Company on Fuchuan Second Branch Road in Bancang Industrial Park. Ma Congxian climbed the enterprise wall and broke the branches to pick the loquats planted inside the wall, while Liang Moufen helped pull the branches under the tree. Employees of the company inside the fence scolded Ma and others upon discovering it, and Ma and others also shouted back. Enterprise employees Shi and Shi Mao came out to scold Ma and others for stealing loquats. Ma Congxian refused to admit it and was pointed at by enterprise employees for picking and dropping loquats on the ground as evidence.

Within the red circle is the loquat tree

A heated argument broke out between the two dialects, and Shi Moumao pushed a horse from the front with his hand. The horse immediately swung a broom and hit Shi Moumao in the abdomen, but was caught by Shi Moumao's broom. During this process, Shi hit the left eye socket of the horse with his fist. Afterwards, the two sides competed for the broom and there was no further physical contact or conflict.

After the police arrived at the scene, they first cooperated with the person in charge of Huidong Property Company present to send Ma Congxian to the hospital for examination and treatment.

Mediate

Both parties have not reached an agreement four times in a row

After Ma Congxian was admitted to the hospital for treatment, according to the wishes of both parties, the police summoned the person in charge of the enterprise and their family for the first mediation, demanding that the enterprise advance the treatment costs. The person in charge of the enterprise has advanced a total of 15000 yuan for treatment expenses. Ma Congxian was hospitalized for a total of 16 days of treatment. After being discharged, the police organized mediation between the two parties. Ma Congxian and his family expressed their intention to undergo injury and disability assessments before accepting mediation.

The police stated that the company has been actively cooperating with mediation and is willing to bear reasonable costs.

After Ma Cong was identified as having minor injuries, the police organized a third mediation between the two parties. Ma Congxian and his family have requested that the company compensate for a total of over 50000 yuan in losses, including medical expenses, work loss expenses, nursing expenses, mental damage expenses, as well as post treatment expenses, nutrition expenses, etc. After mediation by the police, the company expressed willingness to compensate a total of 35000 yuan for various losses, so the two parties were unable to reach an agreement.

The police said that Ma Congxian was suspected of picking loquats and was beaten to minor injuries. After media reports, the police organized a fourth mediation between the two sides. Ma Congxian raised the compensation amount to over 60000 yuan, but the company did not agree to the compensation. The mediation was once again unsuccessful.

Speaking of the law

The police's punishment decision is both lawful and reasonable

The police stated that according to public security management regulations, in the event that both parties are unable to reach a settlement, the police will handle the case in accordance with relevant laws and regulations.

According to the police handling the case, according to Article 49 of the the People's Republic of China Public Security Administration punishment Law, "anyone who steals, frauds, loots, snatches, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1000 yuan." Ma Congxian was sentenced to administrative detention for 4 days without a fine. It was a punishment made by comprehensively considering Ma Congxian's behavior, circumstances, repentant attitude, family situation and other factors. It met the statutory conditions for mitigating punishment, so the minimum detention time was reduced by one day.

For the illegal perpetrator of assaulting Ma Congxian, Shi was placed in administrative detention for 5 days and fined 200 yuan, in accordance with Article 43 of the Public Security Administration Punishment Law of the People's Republic of China: "If he assaults others or intentionally harms others' bodies, he shall be detained for more than 5 days but less than 10 days and fined 200 yuan but less than 500 yuan; if the circumstances are minor, he shall be detained for less than 5 days or fined less than 500 yuan." Shi truthfully confessed to his illegal facts and actively expressed willingness to compensate for reasonable expenses and apologize during the mediation process, which was caused by Ma Congxian's fault and has a lighter circumstance. Due to the minor circumstances, Shi Moumao was fined 400 yuan in accordance with the law.

In response to the questioning of how many loquats Ma Congxian actually stole, the police stated that even if the quantity is small, as long as it is determined based on facts and evidence that it constitutes an illegal act of theft, punishment should be imposed in accordance with relevant legal provisions.

According to two reports from the police, the other sanitation worker involved is named Liang Moufen. According to Liang Moufen's confirmation, Ma Congxian and others picked loquats, which looked like half a pound and more than a pound.

The police stated that throughout the entire process of handling the case, they always aimed to reach a reconciliation between the two parties through mediation, and actively seek reasonable compensation for the sanitation workers from a humanitarian perspective. But ultimately, due to Ma's request from the first party exceeding the amount acceptable to the other party, it was not successful.

In terms of handling procedures in accordance with the law, the police strictly follow the case handling procedures. After the punishment decision is reviewed and approved by the legal department of the sub bureau, it shall be executed and delivered to the parties concerned in accordance with the law.

The police stated that the summoning of Ma Congxian did not exceed the legal time limit. After making the punishment decision, the "Punishment Decision Letter" has been lawfully delivered to the party concerned, Ma Congxian, and the relevant punishment decision has also been communicated to his family members. The punishment decision of Shi and Shi Mao has also been served to the victim in accordance with legal provisions.

In response to family members claiming to have deprived the party concerned of the right to apply for a suspension of execution, the police stated that after making the punishment decision, the party concerned, Ma Congxian, did not apply for a suspension of execution.

[Legal link]

Law of the People's Republic of China on Public Security Administration Punishments

Article 43 Whoever assaults another person or intentionally injures another person shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan.

Article 49 Whoever steals, swindles, plunder, plunder, plunder, extorts or intentionally damages public or private property shall be detained for not less than five days and not more than ten days, and may also be fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not less than ten days and not more than 15 days, and may also be fined not more than 1,000 yuan.

Article 97 The public security organ shall announce the decision on public security management punishment to the person to be punished, and deliver it to the person to be punished on the spot; if it cannot be announced to the person to be punished on the spot, it shall be served on the person to be punished within two days. If the decision is to impose administrative detention, the family members of the person being punished shall be notified in a timely manner.

If there is a victim, the public security organ shall copy the decision to the victim.

Article 107 If the punished person refuses to accept the decision on administrative detention and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the public security organ for the suspension of the execution of administrative detention. If the public security organ believes that the suspension of administrative detention will not cause social danger, the punished person or his close relatives shall propose a guarantor who meets the conditions stipulated in Article 108 of this law, or pay a security deposit according to the standard of 200 yuan per day for administrative detention, and the punishment decision of administrative detention shall be suspended.