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What does Yao Jiaxin's case give us?
First of all, let's briefly talk about this incident. Yao Jiaxin is a junior in Xi Conservatory of Music. 20 10 year120 October, the vehicle he was driving was his private car. On Xuefu Avenue in Xi 'an University Town, Alina Zhang (a pseudonym), a 26-year-old waitress, was knocked down by a car that needed Frank Lutz on her way to work. After the accident car escaped, the police accidentally found eight knife wounds on the victim Alina Zhang except the collision. Yao Jiaxin, the criminal suspect, ran into a pedestrian again when he fled to Guodu Cross by car, and was captured by the nearby people when he fled. It was confirmed by the police that the hit-and-run man who was caught was the one who hit Alina Zhang with a knife.
According to the news, his family is well-off and the vehicle he drives is a private car. In the eyes of his friends, he is a obedient but stubborn young man. He likes playing the piano, cares about his appearance and wants to have plastic surgery. He is a "good classmate" in the eyes of his classmates. He is an excellent student, introverted and has several piano teachers. He is an ordinary person without any label, and his chilling wolf nature and anti-human behavior are only a special case, so the panic caused will not expand. But unfortunately, out of anger, people still see his identity as a college student, and many people in this group, whether good or ugly, are doomed to be criticized and attacked again.
Whether Yao Jiaxin is what people call the "rich second generation" seems that the "rich second generation" always gives you the impression of "arrogance" and "inhumanity". Some time ago, after Li's accident, the remark that "my father is Li Gang" caused an uproar of public opinion. Everyone seems to see that the possession or protection of power and money leads to the extreme distortion of human nature. Perhaps we all have such a question, what makes the favored son in the ivory tower so indifferent to the fresh life? What makes a sane adult lose the minimum moral standards and awe of the law? Just "wealth" and "power"? Of course, it's much more than that.
He is in this society.
Should we be responsible for money worship and disregard for legal dignity in society? In a sense, it is just some bad social atmosphere that encourages such "rich second generation" or "official second generation" and also provides them with suitable soil for their growth. The events of "settlement with money" and "settlement with power" are also your performance. To make matters worse, people are not only tired of judging ugliness, but also close to judging ugliness, hoping to have extra-legal privileges by virtue of money and power. I have to admit that what a social psychology really believes and advocates, and an individual with "popular factors" will fulfill it.
And our law enforcers, faced with the innate superiority of the elite, often appear to be lacking in confidence. Looking back at many public events in the past, what really makes everyone angry may not be the case itself as the name suggests, or the tragic fate of the parties. He is a powerful person, who uses money or power to do whatever he wants, is above laws and rules, dares to think and do, and can use some tricks with dignity after the incident, or "pay in private" or "apologize" to avoid or mitigate legal sanctions, and finally succeeded.
We still don't know the outcome of the "Yao Jiaxin incident", but it is foreseeable that everyone's abnormal pursuit of wealth and power, the public can't see the basis and standard of sentencing, and the final trend of judicial pity for dignitaries outside the law is an ulcer of social rules, morality and people's hearts. And our dilemma lies in: in the face of the bottom line that has been repeatedly penetrated, the wildness that can't be cleaned up, and the legal equality that cries every day, how can we fix it and what can we fix it?
He received such a traditional family education.
Isn't the lack of family education an important reason for his problems? People used to be as gentle as sheep, and their hearts were rough and crazy; The surface is obedient and clever, and the inner anger is like the sea. The counselor said that Yao Jiaxin was "too eccentric".
Psychology believes that psychological soft violence is usually the extreme release of repressed emotions. For example, Yao Jiaxin "often scolds his father behind his back". His father was too strict with him when he was a child. He beat him and locked him in the basement and sarcastically said, "You are so ugly that no one will like you." Too many negative emotions have not been alleviated and released in time. Under heavy pressure, he "wants to spend all his money at home" and "hates his parents to death", so that he vented his extreme anger by "killing people" at the critical point, and "the trouble of rural people" became a "cover for killing people".
Mental illiteracy is a common problem of many parents in China. Negative energy such as excessive demands on children, combination of hard and soft, threats and connivance, injustice and anger suffered by children rarely get positive response and positive recognition. Over time, children with distorted personalities can easily become "psychological hypocrites". Yao Jiaxin once sighed to a friend, "Maybe I'm a little twisted." At this time, Xiao Yao, if he can carry out relevant psychological counseling and psychological self-help, may be able to avoid the tragedy. Regrettably, education has never taught children how to save themselves psychologically, but mostly covers up problems and leaves them at a loss, which will only aggravate the possibility of tragedy.
He is a college student under the current physical education.
What kind of talents should universities train? How to cultivate education and what abilities should be cultivated? .....
Lack of the most basic awe of life. Regarding Yao Jiaxin's murder motive and psychological activities when committing crimes, a policeman from Chang 'an Branch said that Yao Jiaxin confessed that he was afraid that his car number would be remembered by the victim and he would be in trouble. He also said, "He was flustered and didn't consider the consequences ..." "People who are afraid of going to the countryside are particularly difficult." I killed him because I was afraid of difficulties. As for the other person's life, it's just "trouble" in his eyes. Think about it. In addition to learning their own professional knowledge. Have you ever read anything about "fear of life" in your textbook?
Has the popularization of legal awareness really achieved results? If you can put this sense of equality before the law into the minds of college students by listening to more videos of legal knowledge, then this law class may not be needed. I think it is necessary to do some social practice about law. Perhaps only the actual feelings can alert you not to cross this line.
Is our university lacking in cultivating college students' ability to deal with emergencies? Yao Jiaxin won a scholarship in college and played the piano well, but these only show that he is a good student, but his ability to deal with emergencies and emergencies is still immature. Therefore, college students should learn to live and deal with complex things while studying, which is probably more important than a college diploma.
He needs to improve himself.
College students should pay attention to the cultivation of emotional intelligence, learn to handle things calmly, learn to deal with interpersonal relationships, and learn to identify the emotions of others. These abilities will never be given to us in our college class. We need to improve ourselves. We really should read more books on psychology, sociology and law to make up for this deficiency.
We should always care about introverted friends like Yao Jiaxin. He lacks too much love in his life, and he needs the understanding and care of his friends. If every group cared more about him, this might not happen. Try to care about yourself and the people around you. Change should start from yourself.
In response to this incident, our school has also done a lot of work. Of course, this is good. "Kill one as an example" may have a good effect, but this "sin" hat must be put on college students. "What happened to you after 90"-I think the teacher's statement is not appropriate. Yao Jiaxin's behavior only represents him personally. Such a title is obviously questioning all college students. Many people in this group, whether good or ugly, have become the targets of criticism and attack. This is unfair to many people.
In The Analects of Confucius, Ceng Zi once said that "I will keep my body for three days" and it is right to reflect on myself every day. We should gain some experience from it. But what is the most fundamental root cause? Who should really reflect? This result is the result of society itself and education itself. It's not fair either.
The most important thing is that when there is no problem, no one reflects. Once there is a problem, at the command of the superior, the whole people will mobilize, the documents will pour down, and the meeting will be mobilized, focusing on summing up, like reflection. When this "enthusiasm" is over, our reflection will disappear without a trace.
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outline
The perpetrator is Yao Jiaxin, with a well-off family and a private car. His mother is an employee of Xi 'an Beifang Huashan Machinery Co., Ltd. (Xi 'an Beifang Huashan Electromechanical Co., Ltd. is a military factory under China Beifang Ordnance Company, and her mother is a retired treasurer of the factory). His father is a military representative of the Xi Military Representative Bureau of the General Logistics Department (the person in charge of the supervision and acceptance of military enterprises) and lives in the military representative building (Huashan Factory Affiliated Hospital) in the 20 th neighborhood of the new city.
Criminal incidents
Details of the case
201010/at about 23 o'clock on October 20, the defendant Yao Jiaxin returned to An from the Chang 'an Campus of Xi International Studies University. He was driving outside the west wall of Chang 'an Campus of Northwest University when he ran into Zhang Miao riding an electric car in the same direction in front of him. Later, Yao Jiaxin got off the bus and found Zhang Miao lying on the ground moaning. Afraid that Zhang Miao will get into trouble in the future, he will have the evil thoughts of killing people. After the murder, the defendant Yao Jiaxin fled the scene by car. When the garage reached the entrance of Guo Nan Village on Hanlin Road, two pedestrians were injured. After that, the traffic police brigade Guodu squadron temporarily detained the vehicle for processing. 201010/On October 23rd, the defendant Yao Jiaxin surrendered himself to the public security organ accompanied by his parents. After forensic identification, the deceased Zhang Miao died of massive bleeding caused by sharp instrument puncture in the chest.
Crime scene map
This data comes from Baidu map, and the final result is subject to Baidu map data.
The deceased Zhang Miao, 26 years old. She has stayed at home since she graduated from junior high school. Four years ago, she got married in Gongzi Village in the same village. Two and a half years ago, Zhang Miao gave birth to a son, who is now two and a half years old.
According to Zhang Pingxuan's memory, after 3 o'clock in the morning of 201010, he heard someone knocking at the door for a long time. In the dark, he heard the voice of his cousin Zhang Kai. Opening the door, my cousin Zhang Kai told him to go to a road near the university town. When he arrived at the scene, Zhang Pingxuan found that dozens of people were around the middle of the road, and there was a big pool of blood at the scene. In a pool of blood, Zhang Pingxuan saw his daughter lying on the ground at a distance. The police said: the man was gone, but he was not killed, because the forensic doctor found many knife wounds on the deceased, who was stabbed to death with a knife.
Wang Hui, a 29-year-old man, is Zhang Miao's husband. According to Wang Hui, during this time, he had almost no ideas. Every day, I am transferred to the police station, Chang' an Branch and other departments. "I just want to give my dead wife an explanation as soon as possible. As for the days to come, I dare not even think about it. What should I do if my two-and-a-half-year-old baby throws it at me? " Wang Hui felt entangled for two reasons. First, why did his wife get stabbed eight times after her car accident? Second, I have been in business for more than a month, and my wife is still lying in the morgue, unable to be buried. Wang Hui inquired that his wife had three bruises on her left hand, a puncture wound on her chest and four knife wounds on her back. The case has reached the procuratorate, and the police told Wang Hui that the suspect has been arrested and the family can bury the victim. In the future, when the court hears the case, the family members can file a criminal incidental civil action.
The driver's behavior has constituted the crime of intentional homicide. Instead of saving people in time, he pointed the knife at each other, which was too bad. May face 10 years imprisonment or even death penalty.
We strongly demand that criminal suspects be dealt with seriously. Although the police have informed us that we can bury people, we are still not at ease. My wife died so unfairly that we had to ask for an explanation.
[the child of the deceased]
The child of the deceased
Wang Hui learned from the police that it happened on the night of 20 10/0/0, and his wife Alina Zhang rode her electric bicycle home and was knocked down by a Chevrolet Cruze. Her eyes were still open, but her left leg was broken and her head was bruised. At best, it is a minor injury, and she has absolute time to rescue. However, after the man got off the bus, he found Zhang Miao's eyes widened and he saw himself. Alina Zhang tried to check the rear license plate of the vehicle, which caused the man to kill with a knife.
At the same time that the Interpol Brigade of Chang 'an Branch made every effort to solve the case, the policemen of Guo Du Squadron of the Traffic Police Brigade of Chang 'an Branch received an alarm from 20110, 2 10 on the evening of October 20th to 20 10 on the morning of October 20th, and Guo Du Cross occurred. The perpetrators were subsequently controlled by the police.
After a sudden trial by the police, the driver admitted that he was ready to escape after the accident at Guodu Cross. And admitted that Zhang Miao, who was riding an electric bicycle, was knocked down on the night of 20 10/40. Later, he found that the victim was remembering his car number, so he took out a knife and killed him.
Be arrested according to law
According to the investigation by the task force, the young man driving the car is Yao Jiaxin, aged 2 1, who lives in No.20 Park South Road, Xincheng District, and is a junior in an University. The driving license of the car shows that the owner is Yao Jiaxin.
10 year1October 22nd, the task force arrested the suspect Yao Jiaxin. The police of the task force revealed that after the trial, Yao Jiaxin did not confess the criminal facts of his initial knife wounding. It was not until 10 year123 October that his parents took him to the task force again. After further examination, Yao Jiaxin confessed to the fact that he killed the victim Alina Zhang after knocking him down on the evening of 10 10.
According to Yao Jiaxin, the suspect, I drove my Chevrolet Cruze to visit my girlfriend in a university near the incident at about 1 1 o'clock. On the way back, when I reached the middle section of Hanlin Road, I knocked down a woman riding an electric car in the same direction. "I'm worried that the victim will remember my license plate number." Yao Jiaxin told the police that he got off the bus and stabbed the victim 8 times with a fruit knife he carried with him, and then drove away.
165438+1On the evening of October 23rd, the suspect Yao Jiaxin was criminally detained by Chang 'an police. 165438+1On October 25th, with the approval of Chang 'an Procuratorate, the criminal suspect Yao Jiaxin was arrested according to law on suspicion of intentional homicide [1].
Nature of the case
It is extremely rare for the police to characterize this case as a bad case. 2010165438+1At 9: 00 pm on October 29th, Zheng Chaogang, spokesman of Xi Public Security Bureau and director of the news center, rushed to Chang 'an Branch of Public Security Bureau on this case. Afterwards, the police informed the media about the relevant case. "There is a woman lying on the side of the road covered in blood, and now her life and death are unknown." 1At about 65,438+00 and 65,438+00 on the evening of October 20th, drivers and passers-by reported that "the middle section of Hanlin Road outside the west wall of Chang 'an Campus of Northwest University is close to the main road, and there is a crashed electric bicycle next to it. ...
After receiving the police, the police of Guodu Police Station of Changan Branch of the Public Security Bureau immediately rushed to the scene. "At that time, the victim woman fell on the road, one or two meters away from the roadside." The police who rushed to the scene at the first time said that an electric bicycle was damaged and fell to the side of the road. There are car brake marks at the scene.
The police initially determined that this was a traffic accident. Since then, the police of the traffic police brigade of the public security Chang' an Branch quickly came to the scene. After further investigation, the dead woman had many sharp injuries, which were poisoned after being hit.
Zhou, director of the Public Security Changan Branch, immediately led the criminal investigation technicians of the Criminal Investigation Brigade to the scene together with Han Heping, deputy director on duty, and Zhao Xinmao, deputy director in charge of criminal investigation. That night, the police confirmed that this was an extremely rare and bad murder case. Chang 'an police immediately dispatched dozens of policemen from Criminal Investigation Brigade, Guodu Police Station and Traffic Police Brigade to form a task force to fully investigate the case.
10 10/2 1 3 am, the victim's family identified him and the police confirmed his identity. Alina Zhang, 26, is from Gongzi Village, Xinglong Street, Chang 'an District. The victim's family is harmonious and the social relationship is simple. She didn't have a grudge against anyone before she died.
The investigation found that the depression in the front of the accident car led to the murderer.
65438+1On the afternoon of October 22nd, in Guodu police station, Changan Branch of the Public Security Bureau called criminal investigation, traffic police, Qu Wei, Guodu, Xinglong and Liu Xi police stations to hold a briefing on case analysis. The task force reported the case and preliminary investigation.
The police visited more than 580 people, more than 40 auto repair shops and more than 500 vehicles. In the investigation, the police of the traffic police brigade provided an important clue to a suspicious traffic hit-and-run case.
It turned out that on the night of the incident, during the period of Hanlin Road incident, there was also a hit-and-run case at the entrance of Guodunan Village, not far from the scene. A young man drove a Chevrolet Cruze in Burgundy, injured a man and a woman and fled. He was found by people around him, stopped and called the police.
After careful investigation, the traffic police found that the two people injured at the entrance of Guodunan Village were not seriously injured, but there was obviously a pit in the right front of the accident car, which proved that they had collided with other objects before.
By comparing the trace identification of Guo Du's car accident scene with the electric car left at the "10 20" murder scene, the police confirmed that the vehicle at the entrance of Guo Du Nan Village was the same as the vehicle at the murder scene, and the owner of Chevrolet Cruze was suspected of committing a major crime [1].
Case review
Some time ago, after Li's accident, the extremely arrogant remark "My dad is Li Gang" once caused public outcry; Nowadays, Yao Jiaxin, a student of Xi 'an Conservatory of Music, has injured a waitress, and the outrageous behavior of "beating people to make up for eight knives" has exceeded the bottom line of public tolerance. He is "bossy" and "unreasonable", and every hat is attached to this junior.
[Husband and children of the deceased]
Husband and children of the deceased
Just right. At present, people are not only outraged, but also hope that they can "stand up".
We seem to see the extreme distortion of human nature caused by the possession or protection of power and money. The vehicle driven by the perpetrator is his private car, and his family is well-off. What makes the favored son in the ivory tower so indifferent to the fresh life? What makes a sane adult lose the minimum moral standards and awe of the law? Just "wealth" and "power"? Of course not. The crazy worship of power and money is inseparable from ignoring the dignity of the law.
In a sense, it is just some bad social atmosphere that encourages such "rich second generation" or "official second generation" and also provides them with suitable soil for their growth. For example, if it is a bank VIP, you can jump the queue without discussion; For the children of officials, the recruitment conditions may be "looking at people's dishes" ... "solving with money" and "solving with power" To make matters worse, people are not only tired of judging ugliness, but also close to judging ugliness, hoping to have extra-legal privileges by virtue of money and power. I have to admit that what a social psychology really believes and advocates, and an individual with "popular factors" will fulfill it. This is exactly what happened in the case of "beating people to make up for 8 knives".
And our law enforcers, faced with the innate superiority of the elite, often appear to be lacking in confidence. Looking back at many public events in the past, what really makes everyone angry may not be the case itself as the name suggests, or the tragic fate of the parties. He is a powerful person, who uses money or power to do whatever he wants, is above laws and rules, dares to think and do, and can use some tricks with dignity after the incident, or "pay in private" or "apologize" to avoid or mitigate legal sanctions, and finally succeeded.
We still don't know the result of the case of Xi 'an college students' "beating people to make up for eight knives", but it is conceivable that wealth and power are abnormally pursued by everyone, and the public can't see the basis and standard of sentencing. The ultimate direction of judicial mercy to powerful people is the ulcer of social rules, morality and people's hearts. And our dilemma lies in: in the face of the bottom line that has been repeatedly penetrated, the wildness that can't be cleaned up, and the legal equality that cries every day, how can we fix it and what can we fix it?
Vehicle number: Shaanxi A4 19N0.
Trial of a case
Case review
[2] The case of Yao Jiaxin, a junior in An Conservatory of Music, which has attracted much attention, was heard in An Intermediate People's Court at 9: 45 am on March 23rd, 20 1 1. Nearly 30 relatives of the victim Zhang Miao's husband, Wang Hui, and dozens of China and provincial media, including CCTV, and more than 400 college students attended the court.
Yao Jiaxin's trial (4 pieces)
The Xi Municipal People's Procuratorate prosecuted Yao Jiaxin for intentional homicide. Yao Jiaxin said in the interrogation that he got his driver's license in July of 20 10, and the car was his, and he bought it in June of 20 10. He admitted that he was very scared when he committed the crime. Killing is just a matter of thought. The murder weapon is a single-edged meat cleaver 20 or 30 centimeters long, which he bought in the supermarket on the day of the crime.
He said that he put his bag with a knife in the co-pilot position and took it with him when he got off the bus. Because his parents let him take valuables with him. When I got off the bus to check, I found Zhang Miao lying down with a moan. He didn't ask about the injury or talk to the injured. Considering that the other party would ask him for compensation after being injured, two or three seconds later, he began to stab the victim with a knife. I can't remember exactly how many knives I stabbed and where I stabbed them.
It is reported that at present, the victim's family only paid15,000 yuan for the funeral expenses, and refused another compensation of 30,000 yuan from Yao Jiaxin's parents.
Lawyer's defense
Yao Jiaxin expressed regret for this, and his lawyer Xu Tao thought it was a passionate murder. His lawyer defended that this was a case of intentional homicide caused by traffic accidents, and Yao Jiaxin was a passionate murderer. His growth path is spotless, his studies are excellent, he has won various awards and surrendered himself. I hope the court can reduce his sentence and give him a way to turn over a new leaf Xu Tao, a lawyer of Zhang Miao's family, the victim of Yao Jiaxin's case, said that the two families still have not reached an agreement on civil compensation. During the trial, the plaintiff in this case filed an incidental civil action with the judge in court. Xu Tao also said that Zhang Miao's family didn't care about the amount of compensation, just thought that the other party's attitude was not positive and unacceptable.
Classmate petition
At the trial site, the defender's lawyer submitted three pieces of evidence to the court, including a newspaper report about Yao Jiaxin's voluntary submission of a confession, a certificate of commendation of 13 during his school days, and four petitions from the defendant's alumni, classmates and neighbors, requesting the court to give the defendant a chance to turn over a new leaf. After the evidence was submitted, the husband of the civil plaintiff Zhang Miao said in court: I don't look at that, it's all rubbish!
What is passion killing?
Passionate murder, that is, murder without any intention, but under the stimulation and teasing of the victim, he loses his mind and loses control, and must meet the following conditions: First, it must be caused by the victim's serious fault, leading to strong emotional fluctuations of the actor; Second, the actor was strongly stimulated mentally, temporarily lost his mind, and lost or weakened his ability to know and control himself; Third, it must be implemented on the spot with an angry attitude.
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