Comments 丨 Poisoned corn poisoned and dead sheep in their own place is sentenced, and rights should not be created at will

To protect your rights with legal means, do not create danger at will.

In February 2021, Yang was often trampled and eaten by herds because of his own medicinal materials, and he took out the corn kernels soaked in pesticides. At the same time, on the east and west sides of the medicinal material field, a carton piece with "careful and poisonous" is placed as a warning. The next day, Zhang Mou, the villager of the same village, put the sheep to the place. Nine goats died after eating toxic corn particles. Recently, the local disciral case was notified. The Hongdong Court ruled that Yang had committed a crime of investing in dangerous substances and sentenced to one year and six months in prison.

In order to prevent the medicinal materials from being eaten by livestock, it was also sentenced to putting poison corn kernels in their own farmland? After the judgment was made public, it soon appeared on the hot search, and many netizens said they did not understand.

Everyone's questioning of the judgment is mainly based on two points: on the one hand, Yang was voted for poison corn, just to protect his legitimate rights and interests. He was poisoned in his own farmland and set up a "careful and poison" warning sign; There are faults of the sheep. If you do not let go of the herd to eat as a medicinal material for the private property of others, the poisoning will not happen.

But this simple cognition may not be in line with the logic of law.

In this case, Yang was sentenced to "crime of investing in dangerous substances". Regarding the crime, the criminal law stipulated in this way: toxicity, radioactive, infectious diseases, etc. If serious consequences are caused, it will be imprisoned for more than three years and less than ten years. In layman's terms, once a poisoning behavior occurs, it has caused a "dangerous state". Whether it has caused the consequences of substantial harm, it is a crime, not to mention the consequences of 9 sheep poisoning in this case.

There is also a cognitive misunderstanding. Many people think that their own farmland is a private territory, but it may not be. As long as you do not take closed measures like your home courtyard, farmland is also an open public space. Putting poison corn on farmland may have open consequences.

The court's decision that Yang was guilty, which did not mean that the behavior of the sheep's Zhang Mou was reasonable. Zhang Mou's actions to eat medicinal materials violated Yang's private property, but it was completely different from Yang's poisonous corn harm to public safety. Therefore, it is particularly emphasized during the report that "to protect your rights and interests to take legal means."

Many people find it difficult to understand, and even think it is a favorable party. In fact, from the perspective of public safety, it also has its own logical consideration.

From a large -scale perspective, similar cases are actually not fresh at all. Moreover, some examples of being judged by some of their own agricultural places to prevent crops from being destroyed by livestock.

Therefore, this case also performed a law for everyone. It is necessary to defend rights with legal means, and do not create danger at will. Especially in rural areas that are prone to occur in similar cases, many farmers may not be aware of it at all. Some of their actions may be so close to illegal crimes, so it must be strengthened.

In fact, many netizens expressed puzzlement. On the one hand, the judgment was separated from the public's cognition, and on the other hand, it was also because in reality, "to safeguard your rights and interests," it is not a matter of easy success. Just like the "elderly group stealing pumpkin" exposed some time ago, crops are stolen and damaged, and it is often difficult to defend rights and stop loss. In the case of a last resort, some farmers take dangerous measures such as poisoning.

This also reminds relevant departments that while strengthening the publicity of law popularization, it is also necessary to take out the rigidity of disciplinary "crime of putting the dangerous material" to strictly handle similar infringement incidents to ensure the private property of the majority of farmers, so that they will not protect them for protection Crops are risky, so as to highlight the fairness of the law.

Edit Wang Yitao

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