Home Categories documentary report Deciphering the Big China Case Ⅱ

Chapter 7 Chapter One

At 4:50 p.m. on August 11, 2006, as Cui Yingjie, an unlicensed vendor, stabbed Li Zhiqiang, deputy head of urban management in Haidian District, Beijing, into the neck with a sausage-heated sharp knife, the city management and the vendor searched and responded. The confrontation of inspections led to the first case of death in line of duty in the eight years since the establishment of the Beijing Municipal Urban Management Department. Li Zhiqiang also became the first person to die in the line of duty in the eight years since the establishment of the Beijing Urban Management Department. On April 10, 2007, the Beijing No. 1 Intermediate People's Court sentenced Cui Yingjie to death with a two-year reprieve for intentional homicide.The verdict has drawn attention from all walks of life, and most people respect the court's verdict. Some legal experts, including He Weifang, a well-known law professor at Peking University Law School, believe that the death reprieve is the best verdict that can be obtained.

Li Zhiqiang, the deputy captain of the urban management team, finally left us forever because the rescue failed.Although he became the first martyr in Beijing's urban management ranks to die on the job, the orphans, widows, mothers and elderly parents he suddenly left behind will be heartbroken.And Cui Yingjie's parents who are far away in the country, who are behind bars, don't cry all day long! The past is the past, the country boy Cui Yingjie I only met Cui Yingjie, an unlicensed peddler who served as a soldier, a security guard, and a sausage seller in court. His youthful handsomeness made my heart ache.I also only saw Li Zhiqiang, the vice-captain of the urban management who has become a martyr, in the photos. His indifferent and generous eyes are heartbreaking.Originally, their life and death had nothing to do with me.However, when hundreds of millions of people are paying attention to the case of "hawker killing urban management", as a political and legal reporter in the court system, I feel that it is necessary to learn more about the details and tell the public the truth of the case more accurately.Besides, I always feel very familiar with Cui Yingjie and Li Zhiqiang, because I live in Beijing with them, and this Beijing is the Beijing of each of us, just like the motherland is the motherland of each of us.

Moreover, my life experience is similar to that of Cui Yingjie. I started as a rural child chanting the slogan of responding to the call of the motherland, and dedicated myself to national defense with the selfishness of changing life and pursuing wealth. I have served in the Jinan Military Region. Excellent soldiers were rewarded by their superiors, and later they all came to Beijing, which is not our hometown, in order to live better as human beings.Li Zhiqiang, the deputy captain of the urban management who was killed by Cui Yingjie, is from Tangshan, Hebei. He and Cui Yingjie from Baoding, Hebei are fellow Hebei villagers. They came to Beijing to live a better life with more dignity.

Li Zhiqiang, the bespectacled, burly urban management deputy captain, has a kind face and a gentle manner, but now he can only be fixed in the portrait.After Li Zhiqiang's death was widely disseminated by the media, while the public expressed their condolences for his death, they also solemnly reflected on the controversial urban management system that lasted 10 years through this case.However, I don't want to discuss the issue of the urban management system, and I don't want to deliberately analyze Li Zhiqiang and Cui Yingjie from the perspective of "cat" and "rat".I just want to provide a bloody sample of how people can coexist harmoniously from the perspective of human nature, or from the perspective of social harmony.

Before we talk about the bloody dusk on August 11, 2006, we must sort out the past of Cui Yingjie and Li Zhiqiang, because this is really necessary for the loyal urban management deputy captain Li Zhiqiang and the barely surviving rural youth Cui Yingjie. tell the story. The old villages in Pingyang Town, Fuping County, Hebei Province are Cui Yingjie's hometown. Cui Yingjie was born in this beautiful valley on July 15, 1983.The so-called "gelao" means "remote corner" in the local dialect.Although Cui Yingjie's hometown has beautiful mountains and clear waters, it is also a remote village. More than 60 years ago, the Eighth Route Army moved to Taihang here and fought arduously against the Japanese devils. After that, Chairman Mao led the central leadership organization to command the People's Liberation Army in the folds of this mountain to fight the three major battles that determined China's destiny.So far, in this small village in the Taihang Mountains, the people are still very poor. The only thing that can give the local people hope is that there are still a few small coal kilns in that place, which produce a small amount of coal.Due to the family's financial difficulties, Cui Yingjie's mother, who suffers from heart disease, often helps people dig coal in a nearby small coal mine to supplement the family income. When she returns home, except for her teeth, everything else is black.And his father, who suffers from high blood pressure, does part-time labor for others during the slack season, and his income is extremely poor.

Cui Yingjie is the fourth eldest in the family, and one of his older sisters is deaf-mute.Cui Yingjie dropped out of school after graduating from junior high school.He has two ways to get out of the overlapping mountains: one is to go out to work, and the other is to serve as a soldier. Cui Yingjie chose to be a soldier. For Cui Yingjie, being a soldier is a kind of honor and a responsibility of the Taihang children to the country. For him, it is an opportunity to change the destiny of his life.After various selections, Cui Yingjie came to serve in an electronic jamming unit of the Jinan Military Region and became a radio operator.During his service, Cui Yingjie performed well. He usually trained hard and achieved outstanding results. He was awarded the title of "Excellent Soldier".

Two years later, Cui Yingjie was demobilized from the army.Cui Yingjie, who returned to his hometown, found that his hometown had changed a lot, and other people's homes had built new houses, but his home had not changed at all, and the whole family was still crowded in a low, broken house.Moreover, as the brothers grow older, marrying a daughter-in-law has become an imminent problem.However, how can a poor family marry a daughter-in-law?The most important thing right now is to earn money to change the current situation of the family, and repairing the house for the family has become a top priority.

Cui Yingjie decided to go out to work, and he chose Beijing.His elder brother Cui Yinghao has already gone to Beijing to work in advance.However, except for a good body and good strength, Cui Yingjie, who only has a junior high school education, has no special skills to gain a foothold in the city.In the end, like other retired comrades, he chose to be a security guard. Cui Yingjie served as a soldier to stand guard for the motherland, but when he was a security guard, it was hard to say who he stood guard for.Especially working as a security guard in some feasting entertainment places made Cui Yingjie, who was a soldier, feel a little unhappy. However, in order to survive, he could only do his duty. In April 2006, Cui Yingjie came to work in a restaurant and entertainment city located in Zhongguancun, Haidian District, Beijing.The company provides two meals, but the company deducts 100 yuan for meals every month.Before August 2006, Cui Yingjie worked here for a total of 4 months, but he was only paid twice, about 1,800 yuan.

Cui Yingjie quickly used the salary he got to pay off his debts, because he still had to pay rent and other expenses.The cost in Beijing is high, and the rent is also very high, especially in Zhongguancun. Apart from consumption, his salary can hardly even pay the rent. However, Cui Yingjie felt that as long as he could bear hardships and be self-motivated, no difficulty would overwhelm him.Cui Yingjie works as a security guard from 2:00 am to 10:00 am. After get off work, everyone goes to bed.He felt that this was a waste of time, so he found another delivery job to earn money after get off work.The little security guards who worked with him admired him when they saw how hard he could endure.Inspired by Cui Yingjie, several security guards started off work to deliver food to earn some hard money.

However, it is still very rare to make money from food delivery.Cui Yingjie discovered that near Hailong Building and Kemao Building in the core area of ​​Zhongguancun, there were some small stalls selling grilled sausages and pancakes on tricycles. The business was very hot, and they could earn dozens of dollars a day.The quick-witted Cui Yingjie came up with the idea of ​​selling grilled sausages.Soon, Cui Yingjie bought a tricycle and a stove, and set up his sausage stall.I heard that Cui Yingjie went to sell grilled sausage after get off work, and all his security guard friends went to see it.After a director of the entertainment city found out, he often praised Cui Yingjie in front of other security guards. This young man is not simple. Such a young man is ashamed to sell things on the street, and he is often chased by the city management. Most people can't bear this face .

When a person is still hungry, it is a luxury to talk about face.In this way, after getting off work at 10 am every day, Cui Yingjie changed out of his security clothing, rode his tricycle to buy goods, and rushed back to Zhongguancun at 12 noon, and then started grilling sausages until 2 pm, and after a casual meal, it was until the afternoon It was 4 o'clock, and Cui Yingjie rode his tricycle out to set up a stall selling grilled sausages in the vicinity of Hailong Building and Kemao Building. The stall closed at around 10 pm. After eating dinner, he quickly slept for 2 hours before going to work in the Entertainment City. Although the daily life arrangements are full, and even though he only sleeps for more than 2 hours a day, Cui Yingjie is still very content, because he can earn a good income in this way.Cui Yingjie owed his colleagues more than 1,000 yuan in debt to buy tricycles, stoves and other tools for selling sausages, and he wanted to sell more sausages to pay off the debt as soon as possible. Surviving in Beijing is difficult, but there are still many people who come to Beijing to make a living, including Cui Yingjie's comrades-in-arms.Like Cui Yingjie, the good brothers in those troops came from the countryside. When they first came to Beijing, they had no money. Cui Yingjie took the money and handed it to his comrades without saying a word.Even a young man in the back kitchen of the entertainment city had just come to work in Beijing and hadn't received his salary yet, and Cui Yingjie gave him money if he had no money to spend.Although there is only ten or twenty yuan for living expenses, it has already relieved their urgent needs. Cui Yingjie earned this money by selling roasted sausages every day. Cui Yingjie is a person who can't see the pity of others. One day he was selling roast sausages, and a homeless little girl stood blankly in front of his stall.Cui Yingjie looked at the hungry eyes, and quickly handed the little girl a hot sausage. Watching the little girl gobble it up, Cui Yingjie passed another one, until the little girl hiccupped, Cui Yingjie Just said, little sister, you can help me sell the sausage, I will give you money, so that you can have enough food, the little girl nodded gratefully.Since then, Cui Yingjie has a little girl who helps sell sausages in front of Cui Yingjie's stall. Although Cui Yingjie tasted the hardships of life in the cracks of the city, he can endure hardships, and his cheerful personality affects the people around him. Driven by him, his colleagues also went out to work to make money while working as security guards. .In this other people's city, Cui Yingjie only wanted to make some money steadily, he didn't want to and didn't dare to cause trouble.In the entertainment city where Cui Yingjie worked, because the security guards hadn't been paid for the first two months of work, someone wanted to ask the boss for money, and Cui Yingjie stopped him. For Cui Yingjie, these difficulties were not the most difficult. The most difficult thing was the inspection from the city management.Cui Yingjie knew that the people who sold grilled sausages and pancakes with him were all operating without a license, which also affected the urban environment.However, Cui Yingjie does not have the ability to fill out a lot of forms, handle a lot of documents, and pay a lot of fees like a real businessman. He simply does not have that much money to go through all the formalities in an upright manner. To sell grilled sausages again, he can only run around like a mouse crossing the street when the city management comes. Cui Yingjie's grilled sausage stand was opened in July 2006, and was confiscated three times by urban management.The first time he ran fast, basically did not lose anything.But the second time was more serious. That day his mobile phone and wallet were all on the tricycle, but it was not known whether it was stolen by a thief or someone took it. When Cui Yingjie was in a daze, the city management came to check his stall. .Cui Yingjie tried his best to say good things, but it didn't work. The city management finally ransacked his stall, took away the goods, and took away the car. At that time, Cui Yingjie had almost nothing. That inspection hit Cui Yingjie hard.His wallet is gone, his phone is gone, his car is gone, his goods are gone, and even hope is gone.On the day the stall was raided, the landlord urged him to pay the rent again. Cui Yingjie didn't even have the money to pay the rent, so he had to borrow money everywhere, so that he didn't go to work for two consecutive days.Seeing that he didn't come to work, his security colleagues went to his rental house to see him. In order to comfort Cui Yingjie, they all drank together.Cui Yingjie cried in front of his colleagues while drinking, "Why do I only sleep for two hours a day? Isn't it just to live like a human? I don't want to do this, but what should I do?" However, only two days later, Cui Yingjie started to return to his old business, because when he called his hometown, he told his father that he also set up a sausage stall while working as a security guard, and his income was very good.Soon, my father called from his hometown to say that he was coming to Beijing to see his son's business.Cui Yingjie had no choice but to borrow 1,000 yuan from his colleagues again, and spent more than 500 yuan to buy a car, a stove and sausages to prepare for his father's arrival. On the afternoon of August 10, 2006, my father came to Beijing from his hometown in Fuping, Hebei, to visit his son who was working as a security guard and doing business in Beijing.Hearing that his son was doing business in Beijing, his father even brought a girl from a relative to Cui Yingjie to help him find a job. In order to make his father happy, Cui Yingjie concealed all the grievances he encountered in Beijing, and happily became the owner of his sausage stall.On the second day after his father settled down, that is, at around 4 pm on August 11, 2006, Cui Yingjie brought the little girl who came to look for a job on the first day to the Zhongguancun Science and Trade Building, and showed up on time.It was the day when Cui Yingjie met Li Zhiqiang on the day of re-opening, and the lives of the two of them also had a great reversal. Generous and easy-going, Li Zhiqiang, deputy captain of urban management Next, I will tell the story of Li Zhiqiang, the deputy captain of the urban management. Li Zhiqiang's age was fixed at 36 years old on August 11, 2006.When Li Zhiqiang's mother talked about her son's childhood, she said that Li Zhiqiang was a tolerant and easy-going person with an introverted personality. He was a quiet and lovely child when he was young. He rarely quarreled.When Li Zhiqiang first became an urban management officer, even the neighbors did not understand how such a quiet person could become an urban management officer.Many neighbors asked Li Zhiqiang's father, what does your son do?It's not the police, why stand on the street all day.When the father passed the question to his son, Li Zhiqiang smiled and replied that he was protecting the environment for the common people. Li Zhiqiang's law enforcement in the open all day made his father feel distressed, especially when it was raining heavily, he was exhausted when he returned home.The father once thought of transferring jobs to his son, but Li Zhiqiang said that since he was an urban management officer, he must do well, and he was not going to change jobs. Li Zhiqiang's father had the habit of going to the park to exercise. When he came home one morning, the old man found a man with a little girl under the bridge near Yuyuantan.When he got home, his father mentioned this matter, and Li Zhiqiang asked his daughter, "It's cold here, what should you do?" The daughter thought about it, then walked back to her room, took out some clothes and gave them to her grandfather.That night, Li Zhiqiang's father gave the clothes to the little girl under the bridge.When I got home, my granddaughter kept asking if the clothes had been collected and if they fit me well.Li Zhiqiang also proposed to the whole family to donate to 4 impoverished students. Recalling her husband, Li Zhiqiang's wife used the word tolerance.His wife is younger than Li Zhiqiang. When his wife gets angry, Li Zhiqiang always coaxes her and never gets angry.One night, his wife saw that the house was dirty and asked Li Zhiqiang to mop the floor, but Li Zhiqiang was tired from work and did not move.When his wife got angry, Li Zhiqiang got up quietly, picked up the mop and started mopping the floor.The wife sobbed as she recalled the incident: I should have given him more rest! Li Zhiqiang is still a filial child. Li Zhiqiang’s father-in-law was once stung by a wasp in Xiangshan, and his face was swollen badly. His mother-in-law called and said that it would be inconvenient at night, and asked Li Zhiqiang and his wife to go there the next day, but Li Zhiqiang insisted on going there overnight and accompanied him. Father-in-law infusion.Li Zhiqiang's mother clearly remembered that she was sick and hospitalized a few years ago. Although Li Zhiqiang was very busy in the urban management team, he delivered the boxed lunch to the hospital bed on time at noon every day, and kept asking her about the infusion.The nurses at the hospital said that Li Zhiqiang's son is as careful as a girl. On August 6, 2006, Li Zhiqiang's parents went to Beidaihe, and they saw their son for the last time in Beijing that day. When his parents returned to Beijing on August 10, Li Zhiqiang made 4 phone calls to pick him up at the station, but his father refused to answer him, because he didn't want his son to know the exact time of his return to Beijing, and he didn't want to delay his work.But I don't want to say goodbye to life and death forever, the white-haired person sends the black-haired person.Speaking of his son's death in the line of duty, Li Zhiqiang's father couldn't help weeping bitterly, because when Li Zhiqiang passed away, he was supposed to pick up his parents at the station. That time was 16:50 on August 11, 2006. Bloody Dusk, the last moment of Li Zhiqiang, deputy captain of urban management At 16:50 on August 11, 2006, this is the time when Li Zhiqiang, the deputy captain of the urban management team, and Cui Yingjie, a peddler, met.At this time, Li Zhiqiang, the 36-year-old deputy captain of Beijing Urban Management Haidian Team, participated in the joint rectification operation organized by the urban management organization. The urban management team made a circle from the front of the Hailong Building to the northwest side of the Science and Trade Building.This is the third day of the Beijing Urban Management Organization's joint rectification operation, and there is only 1 hour and 10 minutes left until the end of the operation at 18:00. At this time, 23-year-old Cui Yingjie had just set up a stall and was selling grilled sausages in front of the Science and Trade Building. The appearance of the urban management caught him off guard. Li Zhiqiang, who had just been transferred to the Haidian team as the deputy captain three months ago, and his colleagues blocked Cui Yingjie's way.However, Cui Yingjie was not reconciled to having his newly bought tricycle and stove confiscated. He begged bitterly, holding a knife for cutting sausages in his hand. More than a dozen urban management personnel surrounded Cui Yingjie. Cui Yingjie was waving with a knife tightly in his hand. He held the tricycle tightly with both hands, and begged weakly: "Leave the car to me, and you can do anything else." Take it away, I just borrowed money to buy it.” However, this common pleading did not impress the urban management personnel, they reminded Cui Yingjie, “Put down the knife, put down the knife!” However, Cui Yingjie did not put it down. Instead of the knife in his right hand, he grabbed the tricycle tightly and begged: "You can take anything away, please leave my tricycle!" In the end, Cui Yingjie's pleading did not have any effect, and the urban management successfully confiscated and began to return. withdraw.After that, Cui Yingjie gave up his efforts and retreated into the alley. Cui Yingjie's heart ached when the urban management team members assisted Li Zhiqiang to carry the tricycle to the urban management truck. It was a new car he had just bought for 500 yuan.Seeing that the urban management convoy loaded with tricycles was about to leave, Cui Yingjie rushed out from the crowd again, and walked towards Li Zhiqiang with the sausage cutting knife in his backhand.Cui Yingjie once saw with his own eyes that a cantaloupe vendor in Xinjiang got his tricycle back after pleading. He felt very sorry for his new car and wanted to give it a final try.With this in mind, Cui Yingjie charged forward again. Just when Cui Yingjie and Li Zhiqiang passed by, Li Zhiqiang's hand touched Cui Yingjie's. Cui Yingjie thought that Li Zhiqiang wanted to catch him. Cui Yingjie, who had received good military combat training, waved the sharp knife in his hand and instinctively Waved towards Li Zhiqiang. Before Li Zhiqiang had time to show due fear and resistance to this deadly action of Cui Yingjie, who was a soldier, Cui Yingjie had already stuck the knife between his collarbone and throat, and a column of blood spurted out from his throat immediately It is more than a foot high.At this time, only a red handle was left in Cui Yingjie's hand, and the 10.5 cm long blade was deeply embedded in Li Zhiqiang's body.Li Zhiqiang instinctively held the wound with his hand, but the gushing blood gushed out between his fingers. The urban management team quickly sent Li Zhiqiang to Haidian Hospital. However, the sharp knife was deeply embedded in Li Zhiqiang's neck.The knife was 10.5 centimeters long and 2.3 centimeters wide. Li Zhiqiang's trachea and carotid artery were cut off, causing massive congestion in his body.In the end, Li Zhiqiang died of acute hemorrhagic shock. After Cui Yingjie plunged the sharp knife into Li Zhiqiang's neck, he certainly knew that he had caused trouble. He dropped the handle of the knife in his hand and quickly ran to the alley.Because the urban management team members were anxious to send Li Zhiqiang to the hospital at that time, although they sent people to surround Cui Yingjie, they still let Cui Yingjie escape. After Cui Yingjie fled the scene, because he had no money, he quickly found his friend to borrow money, and fled to Tianjin under the arrangement of his friend.After arriving in Tianjin, Cui Yingjie once sent a text message to a friend asking about Li Zhiqiang's injury, but he did not get any definite news. At 5:30 a.m. on August 12, after fleeing for 11 hours, Cui Yingjie was arrested by the police in Tanggu District, Tianjin. After being captured, Cui Yingjie confessed to stabbing Li Zhiqiang with a knife.But at this time, he didn't know that Li Zhiqiang had passed away. The case of "hawker killing urban management" was reported by the media and immediately attracted widespread attention from all walks of life.According to media reports, the city management staff used to call August every year "Black August".Because the weather is sweltering and people are easily agitated during this period, it is estimated that 75% of violent conflicts with urban management occurred in August. Some vendors who have dealt with the urban management for many years said about their own experience, "If Cui Yingjie worked in this industry for the first half year, this kind of thing would not happen." The car is collected as soon as it is collected, and the loss will not be too great.Cui Yingjie didn't understand when he first arrived. A new car is worth four to five hundred yuan, so he killed people because he couldn't bear it. Keep people under the gun, the verdict is generally recognized Cui Yingjie's killing of Li Zhiqiang was originally a simple criminal case, but due to the identities of the two parties, it became a significant event of the game between the survival rights of socially disadvantaged groups and the legality and rationality of urban management and law enforcement.The case has attracted widespread attention from the media and online public opinion.On various forums on the Internet, netizens shed tears of sympathy for Cui Yingjie, and many scholars issued an appeal to "use the death penalty with caution and keep people under the gun." After Li Zhiqiang died in the line of duty, in recognition of Li Zhiqiang's spirit of strict law enforcement, fearlessness of danger, and heroic dedication, the 127th mayor's office meeting of the Beijing Municipal Government decided to approve Comrade Li Zhiqiang as a revolutionary martyr.Li Zhiqiang thus became the first law enforcement officer to die in the line of duty since the establishment of the Beijing Urban Management Law Enforcement Agency eight years ago.In the urban management system of Beijing, the decision to learn from Comrade Li Zhiqiang was also initiated, and an online memorial hall was built for Li Zhiqiang.A colleague of Li Zhiqiang left a message: Knowing that the murderer who killed you has been tried, as a colleague, I feel very relieved!Looking forward to the early results of the trial! After Li Zhiqiang died in the line of duty, his family declined to be interviewed.After more than half a year of long and painful suffering, as the family members of the martyrs, Li Zhiqiang's family voluntarily gave up their civil claims before Cui Yingjie's homicide case was heard after hearing about Cui Yingjie's family situation. In any case, Cui Yingjie will face the trial of the law.After this case happened, the controversy and concern about Cui Yingjie's case outside the court began to rage since the case was initiated.From the seminars of a strong lineup of legal scholars to the overwhelming number of netizens' posts, from the urban management group who lost their peers to the small vendors hiding in Tibet, from the wife of Li Zhiqiang crying in the arms of her relatives in the auditorium to the cloudy tears in her eyes Cui Yingjie's father, countless people are watching Cui Yingjie's life and death in the upcoming judgment. The news that Cui Yingjie killed the urban management officer in Beijing quickly spread to Cui Yingjie's hometown. His relatives learned that Cui Yingjie got into a catastrophe and were at a loss as to what to do. His father came to Beijing again and again. He felt that something should be done. What but don't know what to do to save his son's life.After media reports, Cui Yingjie's family received remittances from strangers from all over the world, and the postscript contained some comforting words.Villagers in my hometown, primary and middle schools, military servicemen, and security colleagues wrote pleading letters to prove to the court that Cui Yingjie is a good person. Before the court's judgment, there were roughly two voices regarding Cui Yingjie's murder case: one was that Cui Yingjie deserved to be killed, and the other was that Cui Yingjie should not be killed.When Cui Yingjie confessed in court, he said: "I don't want to kill him at all. I repent if I hurt him, and I am willing to take responsibility." When Cui Yingjie said these words in court, tears flowed on Cui Yingjie's tough face. Since Cui Yingjie learned that he swung a knife and took the life of Li Zhiqiang, the deputy captain of the urban management, he has been waiting in the detention center for the death sentence that may come at any time. On December 12, 2006, the first-instance trial of the "hawker killing urban management" case was held in the Beijing No. 1 Intermediate People's Court.Standing in court at the same time as Cui Yingjie were four friends who were prosecuted for harboring crimes and helped him escape. Prosecutors charged the court with intentional homicide.Prosecutors accused Cui Yingjie of obstructing urban management and law enforcement officers from carrying out their official duties by violent means, and killing people with a knife. But the defense objected to this allegation, and the two lawyers who provided legal aid to Cui Yingjie believed that Cui Yingjie's behavior was only intentional injury causing death.Anyone who is proficient in the law knows that intentional injury or intentional murder, for Cui Yingjie, the most direct difference between the two is life and death. During the trial, the prosecution played video footage of the scene in court, which is considered the most critical evidence in this case.The footage showed that more than a dozen law enforcement officers surrounded Cui Yingjie. Cui Yingjie instinctively danced with a knife in his hand, but his tone was weak: Leave the car to me, and you can take the rest.The voice of the urban management said, put down the knife, put down the knife!The final scene of the dispute was Cui Yingjie's hand still holding on to the tricycle. "I begged them to take everything away, but please leave my tricycle, because I just borrowed money to buy it the day before." Cui Yingjie described his mood at the trial. Cui Yingjie's defense lawyers Xia Lin and Li Jinsong believe that Cui Yingjie's intentional homicide is not established.They said that the intention of committing a crime has two characteristics: one is that the perpetrator knows that his behavior will cause harmful results to society; the other is that the perpetrator holds a hopeful or laissez-faire attitude towards the occurrence of harmful results.Cui Yingjie and the victim Li Zhiqiang were strangers to each other and had no grievances or enmities. Cui Yingjie's behavior was to save his tricycle while worrying that he might be coerced personally, and he swung a knife casually when he was eager to get away.After Cui Yingjie fled to Tianjin, he sent a text message to a friend asking about Li Zhiqiang's injury. This can prove that Cui Yingjie did not foresee the consequences of Li Zhiqiang's death, and had no subjective hope or laissez-faire attitude towards Li Zhiqiang's death. Li Zhiqiang's wife attended the court hearing that day. When the video showed Li Zhiqiang lying in a pool of blood, she cried and fell into the arms of her family.After Li Zhiqiang passed away, he left behind a 7-year-old daughter. Considering Cui Yingjie's actual situation, she gave up the incidental civil compensation. During the defense process, Cui Yingjie's lawyer Xia Lin delivered an eloquent defense for Cui Yingjie in court. He said in court: "Trafficking people and leading cars to sell pulp are legitimate professions that have existed since ancient times. My The client came to the city and was forced by life to engage in such a humble and poor job. His life was poor and his income was meager. But he was always kind and simple, he did not steal or rob, and he did not survive by harming others. I am solemn in court I sincerely ask all of you, when a person’s livelihood is shattered and he is forced into a desperate situation, will you be more calm and patient than my client? What is our law and our urban management system? Do we want to make our citizens happier or make them more miserable? Is our mission as legal practitioners to make this society more harmonious or make it more miserable? We have lost Li Zhiqiang, do we still want to lose Cui Yingjie?" On April 10, 2007, the Beijing No. 1 Intermediate People's Court made a first-instance judgment on Cui Yingjie's murder case, and sentenced Cui Yingjie to death for intentional homicide, with a two-year reprieve. Throughout the sentencing process, Cui Yingjie was depressed.He was wearing a red prison uniform with shackles on his feet.After entering the door, he looked towards the auditorium and saw his parents.Compared with a few months ago, Cui Yingjie lost a lot of weight.From time to time, the old man's sobs could be heard in the courtroom. Cui Yingjie stared down at the ground, without saying a word from the beginning to the end.When he heard that "the defendant Cui Yingjie committed intentional homicide and was sentenced to death and deprived of political rights for life", Cui Yingjie's body trembled slightly, and his expression was numb.When the presiding judge finally read out "execution suspended for 2 years", Cui Yingjie's eyes suddenly closed.When he left the trial seat, he turned his head again and looked affectionately at his elderly parents.Cui Yingjie almost listened to the 10-minute sentence with his eyes closed, as if he wanted to remember every word related to him in his heart. However, unexpectedly, when the lawyers met after the verdict, Cui Yingjie told the defense lawyer Li Jinsong that he wanted to die and he could not accept the psychological gap of becoming a murderer, because staying in prison in the future would "disgrace his family." , is a burden on the family."But the lawyer advised Cui Yingjie to obey the verdict because it was a fair verdict.In the end, Cui Yingjie commissioned a lawyer to bring a few words to his parents.He said: "First, let my elder brother stop working in Beijing and go home quickly. Second, my mother is so old that she should stop digging coal." After hearing Cui Yingjie's sentence in person, Cui Yingjie's 54-year-old mother broke down in tears after walking out of the court gate. "My son saved his life. But I know that Li Zhiqiang is also a son and has a family." Cui Yingjie's father said: "I am 56 years old this year. I don't know if my son will come back in my lifetime." The old couple He planned to go to the grave of the victim Li Zhiqiang to apologize for his son.They also want to promise to his family that they will do their utmost sincerity, efforts, and financial conditions to provide for the victim's parents until the end of their lives. Cui Yingjie's father finally asked a lawyer to bring Cui Yingjie a letter. In the letter, he asked Cui Yingjie to thank the fair law for saving his life. "This way, you have the opportunity to be a repentant person instead of dying as a murderer. We want you to be a useful person and take up your responsibilities, both for our parents and for the victims." Sentenced to death, but suspended for 2 years, this means that Cui Yingjie can not be executed immediately, which is a result generally recognized by all parties.Including the judgment of Cui Yingjie by the Beijing Urban Management Bureau, they also stated that they "believe in the fairness of the law and respect the judgment of the court." Harmonious society, what urban management and hawkers ultimately need The case of the peddler Cui Yingjie killing urban management Li Zhiqiang finally has a verdict that is recognized by everyone. As ordinary citizens, we can now breathe a sigh of relief and put aside the legal and urban management mechanism problems that have caused us headaches, and talk about it in a calm manner. The relationship between the hawker and the urban management in the years to come, because we hope that such extreme sad scenes will not happen again. Compassion is a noble emotion.In China today, sympathy for the weak is a more realistic emotion.I sympathize with the murderer because the murderer is sometimes a disadvantaged group, and sympathy for the disadvantaged makes my heart feel like a knife.However, when the vulnerable people become murderers, before the victim Li Zhiqiang has not received enough sympathy, before the crime of Cui Yingjie's murder has not been tried, they blindly sympathize with Cui Yingjie. For Li Zhiqiang, his family and the work he is engaged in, It's disrespectful or even profane. After the trial of this nationally sensational case is concluded, when we carefully consider this case in the context of a harmonious society, for Cui Yingjie, what we need is not only sympathy, but consideration of Li Zhiqiang and How Cui Yingjie achieved some kind of "harmony". We can't forget what Cui Yingjie said when she shed tears of confession in court: "I have no education, no technology, and I came to Beijing to make a living with my own hands. I worked as a security guard in a company and couldn't pay wages, so I had to set up a stall to sell it." Roast sausage. I am not a heinous person, I did not intend to kill him, I express my deep apologies to the victim's family, and I am willing to take responsibility." The tricycle is Cui Yingjie's only valuable property, and it is also all his hopes.Let me ask, who can remain calm under such a cruel blow?Cui Yingjie, who had his tricycle carrying his life's expectations confiscated, felt hopeless. Like many penniless children who came to Beijing to wander around, in the eyes of others, this tricycle was only worth three to five hundred yuan. In his heart, it was all the hope of him and his family, without it, Cui Yingjie's hope of life would be lost.Cui Yingjie may have been desperate the moment he swung the knife, a desperate person can do anything.No one knew what Cui Yingjie was thinking at this moment, maybe he didn't have time to think about anything, but acted out of a subconscious instinct.At this moment, the sausage-cutting knife turned into a dreadful murderous weapon. Li Zhiqiang, the defender of urban order, fell on his back before he could cry out. Perhaps the harmony that Cui Yingjie needed was just the few dollars that he took with his sausage-stained hands.The harmony that Li Zhiqiang needs is that the streets of this city are no longer so messy and congested.There's nothing wrong with the harmony they need, it's just that they met in the wrong place at the wrong time and caused catastrophe.However, we believe that there must be one or even many ways to resolve this confrontation between "cat" and "mouse". 城管所面对的大多是从事个体商贩的老百姓。城管作为政府的派出执法人员,理论上应该是“公仆”,理论上必须像对待自己的父母那样对待这些无权无势的老百姓。但是,他们自觉不自觉地把自己当作了恪尽职守的“猫”,那些违纪的“父母”在他们眼里变成了“老鼠”,对待理论上的“父母”,他们通常采用的办法就是“查抄”。 如果家财万贯或者生活富裕,没有谁愿意当沿街叫卖的小贩,城管是人民政府的代表,所以必须用善良的心态,以规劝的方式,热情而妥善地处理这类事情。如果城管人员只会通过没收个体商贩的物品进行管理,在人们眼里就改变了性质。如果城管不尊重一个小商贩对于他那架三轮车、那个锅的所有权,那是国家公职人员吗?如果城管在执法时首先张扬出来暴力倾向,那他还是国家的公仆吗? 作为一名为国家站过岗的战士,退伍后的崔英杰们将面临什么呢?他们也许将面临着失业,也许面临着贫困。他们在部队所学的专业、所掌握的军事技能将怎么样得到运用,那些退伍的战士们希望社会能够关注那些身怀绝技却挣扎在贫困边缘的人们。崔英杰退伍后来到北京,一无学历二无资本,作为一个退伍军人最好找的工作就是保安,在被拖欠了好几个月工资的情况下,他只能靠自己的双手养活自己,只能在街头巷尾摆摊卖烤肠。当然,我们不能单纯强调崔英杰是不是退伍军人,因为,无论是谁,只要他是一个公民,都有卖香肠的权利! 其实,李志强和崔英杰都是普通老百姓。从本质上说,他们两个都没什么区别,都是为了谋生。我们不能对李志强的殉职说三道四,因为他毕竟是一个尽职尽责的城管队长,他为我们这个城市的秩序付出了他的努力,我们必须对李志强表示无限敬意。崔英杰杀人,就应当为自己的犯罪行为负责。我们该反思的是,为什么会发生这样的悲剧?怎么才能不再发生这样的悲剧? 在此案前后,媒体也曾报道过多起城管及其他部门执法过程中的突发事件。本案虽以最极端的面目突然出现,却绝非偶然事件,而正暴露了以压制性手段进行城市管理的制度漏洞和突出矛盾。从更深层意义看,我们还可以说它反射出社会变革中公权力和私权利日益尖锐的冲突。如果这些冲突继续存在或者无限加剧,可以毫不夸张地说,我们每个城市的每个街头,可能都正站着一个崔英杰。 城市小摊贩和城管的冲突,是近年来我们城市生活中习以为常的景象,崔英杰案只是其中最不幸的一幕,但是不管城管的力度如何加强,“无证摊贩”等问题始终是一个久治不愈的顽症。但是,要把一个城市动辄几万、几十万的“无证商贩”全给“管”好了、“规范”好了,绝不是靠简单化的取缔和查抄政策能解决得了的。无论多么发达的城市,在规划之初,就该留出足够的空间,给小商小贩以低门槛、高效率的经营场所,才能解决市容整洁与现实生存这一看似矛盾的需要。我们的城市管理的观念要变,不能为了追求城市管理的洁净、整齐、文明,就一刀切地把所有看不惯的东西都赶出城外。 从这个意义上说,李志强和崔英杰正用自己的遭遇推动城市管理理念的改变进程。在李志强被害之后,包括北京、上海在内的许多城市,对于小商贩的管理政策已经发生了很大变化,一些城市划出专门的区域供小贩摆摊,北京对于小商贩的经营管理也缓和了许多。 当崔英杰们仍然源源不断地涌入城市,天地之大,崔英杰们需要一条生存的路,这是摆在政府和城市管理者面前一个亟待解决的问题。 毫无疑问,崔英杰杀人有罪,他终究要为自己的冲动不冷静付出代价。但是,我们不能因为给崔英杰判了死缓就忘记崔英杰那挥出的一刀。那是一把刀吗?那是一声寻求生存的呐喊,一个催人泪下的对于和谐的呼唤! 沸沸扬扬的“小贩杀城管”案告一段落,但我多么希望看到这样的场景:在很多很多年之后的某一天,小贩崔英杰和城管副队长李志强在天堂里相遇,那里是一片多么和谐的乐土啊。高楼林立的中关村依然车水马龙,除了金碧辉煌的商场、酒店、科贸大厦,还有留给崔英杰这样的小商贩一块小小的热闹场地,城管副队长李志强不时帮助崔英杰维持着秩序,而崔英杰快乐地拿出自己刚刚做出的热乎乎的烤肠招呼着城管哥哥李志强。在那里,李志强和崔英杰成了最要好的朋友。在天堂的一个三轮车支起的烤肠小摊上,他们正在一起喝着二锅头…… 那是多么和谐的一个场面啊,那时候,再也没有人把李志强当作“猫”了,崔英杰也不会把自己当作时刻逃跑的“老鼠”。
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