Police beat on mission in Hunan province led to the private settlement agreement signed by |-police beat | private settlement agreement _ news

Liu Liyong can't pass, their duties are beaten, obstruction of corporate criminal responsibility, no one held accountable not only each other, on a private settlement agreement as well as a fight, the attacker then becomes not only the relatives.

5 years ago, on February 7, 2009 at about 1 o'clock in the morning, Xinshao County in Hunan province niangxizhen police stations dedicated security patrol team member Liu Liyong and his teammates when the patrol, saw a group of people holding a brick started chasing a young man, "I come forward to reveal himself to block, and young ran, they would come and hit me with a brick", Liu Liyong recalled.

Eventually, Liu Liyong was a brick, the attacker was taken to a police station. Hospital identification, led Liu Liyong right zygomatic comminuted fractures, soft tissue contusion of right cheekbone.

On February 16, 2009, Liu Liyong accepted right zygomatic arch fractures by open reduction and internal fixation. The same day, the Xinshao County Director of the politics and Law Committee Vice Secretary Liu Liming and niangxizhen stations of the original Zeng Haijiang came to his hospital room, asking him to sign a "conciliation agreement".

Liu Liyong recalls, said that at that time, compounding can get paid, gongliao each other more, the attacker could not be found and may not receive compensation for: "they stress me and refused to signed the agreement on the withdrawal, I can't help, help". Liu Liyong calls itself come up with enough to cover operation costs thousands of dollars, not to mention the treatment after. For the treatment, and the next day, Liu Liyong has signed the settlement agreement, and got the agreement of 22,000 yuan.

This is a strange "conciliation agreement", first the event was described as "Liu Liyong clash with Luo Yanan was involved in an altercation, and Liu Liyong fights with Luo Yanan, who" is not mentioned in the agreement about the mission as a whole. In addition, the attacker Luo Yanan Liu Liyong's relatives, "after the impact, the light is related to the parties, the spirit of mutual modest compromise of principle, an agreement".

China Youth daily reporter obtained a copy of the stamped seal of Xinshao County Public Security Bureau agreed with Liu Liyong Shen Can shown, when Liu Liyong and 3 Marines patrol the same day, prevent Luo Yanan, who threaten his personal safety when carrying out criminal acts against Luo Yanan, who was wounded. In addition, Liu Liyong also provides law enforcement with teammate Li Xiaoxiang, documentation of Liu Jiasheng, said Liu Liyong is due to suppression of Luo Yanan, who started chasing someone else and being beaten.

This curious "conciliation agreement", signed at that time and did not give Liu Liyong, "I sipilailian for over a year, they gave me a copy." When he learned that beating Luo Yanan became their "relatives". Liu Liyong says get the copies he had questioned relatives of staff come from, but did not receive a reply, "beat the hell out of relatives to relatives? ”

Liu Liyong started claiming that requiring people like Luo Yanan criminal accountability, and posted on the Web site. In March 2011, Liu Liyong lost his job--the Public Security Bureau on the grounds that his frequent absenteeism, displayed on a notice of termination of labor contract, Liu Liyong slipped within 1 month post three times, missed a day.

April 29, 2011, Xinshao County PSB to Liu Liyong issued has a copies written replies, said by investigation, "the case belonging to deliberately hurt to people sustained minor injuries of cases, not is belligerent trouble-makers cases", replies while said, "you and Luo Yanan on February 17, 2009 signed reconciliation agreement and fulfil has agreement provides of compensation paragraph 22,000 yuan, the agreement is you I real wishes of reflected", "you and Luo Yanan by signed of reconciliation agreement has occurred legal effectiveness".

Xinshao County Public Security Bureau in reply that, if Liu Liyong has plenty of evidence to prove that he had slightly injured conclusions have problems, you can re-apply for injury to the niangxi police station identification, after approval of the police station, if the evaluation result into serious injuries, settlement agreement to be invalid, the public security organs will also continue investigating the case.

Shaoyang city, November 8, 2010, ZTE and Shaoyang city, December 28, 2010 by labor competency assessment Committee of forensic appraisal conclusions indicate that Liu Liyong "right zygomatic comminuted fracture after internal fixation, already cleared the plate April opening of 1.5 cm", in accordance with Chapter III of the injuries of the human body, identification standards article 14th, cheekbone injury resulting in mouth (upper and lower incisal edge spacing) less than 1.5 cm is seriously injured.

Liu Liyong told reporters that local police unwilling to recertification.

In October 2012, Xinshao County Public Security Bureau agrees out of 3000 Yuan, and sent a Deputy Secretary, a police Deputy and escorted Liu Liyong, head of the legal Office of the Changsha Attorney, issue a legal letter, and said it would use this as a solution to the problem of legal reference. This legal opinion believed that Luo Yanan Liu Liyong hit and slightly injured will come to deter crime, it should be an offence under the Criminal Code Article No. 277 of the offence of obstruction of official duties, namely, "violence, threaten means to hinder functionaries in performing official duties, and three years of fixed-term imprisonment, criminal detention, control, or a fine. ”

Legal opinion finds that the conciliation agreement between the two sides, civil works, but the criminal part is not valid, cannot constitute reasons for not prosecuting suspects and basis of public security organs.

The Xinshao County politics and Law Committee Vice Secretary Liu Liming told China Youth daily reporter, at that time they did not threaten Liu Liyong stop, and Zeng Haijiang representative politics and Law Committee of the County went to see Liu Liyong. Liu Liming confirmed Liu Liyong was in the line of duty, as to why the settlement agreement does not have to write, because "at the seminar, Luo Yanan crew chasing someone else, but why is not clear, so there is no written performance of official duties. ”

Why there is no prosecution of criminal responsibility? Liu Liming, explains: "he was not a criminal case, (Liu Liyong), is already a year later, according to the civil procedure code exceeds the length of proceedings, the mediation".

The 136th of the General principles of civil law, article states that "compensation for bodily harm to require" the limitation period is one year. 140th stipulates that limitation proceedings, where a party so requests or agrees to fulfil obligations was interrupted, which fits the limitation period calculation.

Reporters tried to call Xinshao County Public Security Bureau, Yao Rongsheng, he indicated that he did not facilitate a telephone interview, but at the same time a text message reply to reporter "is not online that way."

Reporter Wang Liu Xing intern rhyme

(Original title: Hunan police stop beating was maimed by "private settlement")

07:00 June 04, 2014 China Youth daily