犧牲生命來促進中國法律進步者:崑山龍哥

2024-09-12

中國春節電影《第二十條》中的原型人物龍哥來自昆山,因一起著名的「砍人反被反殺」事件而成為焦點,最終導致中國刑法上的大進步。在2018年8月27日晚上9點半,當時酒店小職員于海明像往常一樣下班後騎自行車回家。當來到震川路與順帆路交叉口時,一輛寶馬車突然狂按喇叭,大家正在等紅燈,但寶馬車強行駛入機車道,幾乎與于海明發生擦撞。

寶馬車停下後,一名白衣男子從車內走出來,開始對于海明進行辱罵。此時,一名女子下車試圖緩解衝突。為避免進一步的摩擦,于海明將車停在路邊,讓寶馬車先行。不過,這時全身刺青的龍哥登場,不斷爆粗口並向于海明揮出重拳。隨後,白衣男子也參與進來,兩人一同對于海明進行攻擊。

衝突中,龍哥跑到寶馬車的後車廂,取出一把40米長的大刀準備砍人。但由於飲酒過量導致重心不穩,龍哥被于海明推一下後,刀脫手落地。出於本能,于海明搶到刀,並開始進行反擊。在短短的7秒內,龍哥身中五刀。儘管被迅速送往醫院搶救,龍哥最終在一個多小時後不治身亡,終年36歲。而在媒體大肆報導下,最終法院宣判于海明屬於正當防衛並無罪釋放。

這一事件迅速引發廣泛關注,並且推動中國正當防衛法的進步,原本預計10年後才可能會施行的相關法條因此提前上路,被視為中國司法進程中的一個重要里程碑,對正當防衛的認定標準產生深遠的影響。

The character Long Ge in the Chinese Spring Festival movie Article 20 is based on a real figure from Kunshan, who became the focus of public attention due to a famous "attacker killed in self-defense" case, which ultimately led to significant advancements in Chinese criminal law. On the evening of August 27, 2018, at around 9:30 PM, hotel employee Yu Haiming was riding his bicycle home after work, as he usually did. When he arrived at the intersection of Zhenchuan Road and Shunfan Road, a BMW suddenly honked aggressively. While everyone was waiting at a red light, the BMW forced its way into the motorcycle lane, nearly colliding with Yu.

After the car stopped, a man in a white shirt got out and began hurling insults at Yu. At this moment, a woman also got out of the car, trying to de-escalate the situation. In an effort to avoid further conflict, Yu moved his bicycle to the side of the road, allowing the BMW to leave first. However, this is when Long Ge, covered in tattoos, appeared on the scene. He repeatedly cursed at Yu and punched him. The man in white soon joined in, and together they began assaulting Yu.

During the altercation, Long Ge went to the BMW’s trunk and pulled out a 40-centimeter-long machete, intending to attack Yu. However, due to his excessive drinking, Long Ge lost his balance. When Yu pushed him, the machete fell from his hand. Acting instinctively, Yu grabbed the weapon and started to defend himself. In just seven seconds, Long Ge was struck five times with the blade. Despite being quickly rushed to the hospital, Long Ge succumbed to his injuries after more than an hour of emergency treatment, passing away at the age of 36. Under extensive media coverage, the court ultimately ruled that Yu Haiming had acted in legitimate self-defense, and he was acquitted of any charges.

This incident sparked widespread attention and accelerated the progress of China's self-defense laws. Legislation that was originally expected to take effect 10 years later was implemented ahead of schedule, making this case a significant milestone in China’s legal evolution. It had a profound impact on the standards for determining legitimate self-defense in the country.

  

照片:中國微博