Source: China News Weekly
Author: Chen Weijing
The weather warms up, and some "wolf" groups are gradually active.For "salty pig hands" in public, people hate it, and they want to improve their strike efficiency as much as possible through various methods.
Recently, the information of a group of administrative penalties released by the Hangzhou Public Security Bureau has caused heated debate.A batch of fines or penalties for privacy or punishment for the privacy violations of others were announced. Many of the above -mentioned illegal acts occurred on public transportation such as subway and bus.Illegal people are made public names.
China News Weekly noticed that adopting a real -name system for illegal "color wolves" is not a common practice.However, the Hangzhou Public Security Bureau has taken this measure for a long time.
There is no doubt that "real name" is to further prevent crimes.But there are also voices that this may be suspected of violating the parties' privacy.Should the privacy of illegal "color wolf" be protected?How to deter "the wolf of the net"?
Real -name public
Convenient public transportation, crowded crowd, gave some opportunities for "color wolves".Sexual harassment on subways and buses often bring the victims for a long -term psychological shadow. How to rectify this chaos is always a long topic of summer.
Recently, the topic of "Fire" on "Fire" in Hangzhou, Zhejiang, Hangzhou, Zhejiang Hangzhou.According to media reports, since March, the Hangzhou Public Security Bureau has disclosed a number of obscenity and sneak shots that have occurred in public places. The main illegal facts of the parties, administrative penalties and names have been disclosed.
China News Weekly noticed that in fact, the disclosure of such punishment documents by Hangzhou Public Security Bureau is not fresh. The earliest punishment can be traced back to March 2018.
Among them, some criminal facts are shocking.At 9 o'clock on January 4, 2023, Fu Moumou used the way to urinate to Chen Moumou on the escalator on the station hall of Sanba Station in Hangzhou Metro.On the escalator on the escalator of the road station on the road station of the subway college, Fu Moumou was obscene to Lin Moumou in the same way.
Public Security also found that Fu Moumou was already a habit.At 16:21 on December 31, 2022, Fu Moumou was obscene to another female passenger in the same way on the escalator at a station hall in Hangzhou Metro.Fu Moumou's behavior has constituted illegal behavior of obscene others, and it is a serious plot in public places and has been detained for 15 days.
Hand and genital stickers, such common obscenity behavior is also within the scope of public.For example, at 18:10 on February 17, 2023, Xin Moumou took his hand to obscene to the train carriage on Jianguo North Road, Hangzhou Metro Line 2 to a certain direction.In addition, some sneak shots are also recorded in the case.
Generally speaking, the practice of "color wolf" in this real name is not common, because it may involve personal privacy issues, and sometimes, even the victims actively ask or announce the name of the "color wolf" themselves.trouble".
Some media launched a topic on Weibo#Hangzhou announced the full name of the color wolf? #The voting. As of 10 pm on the 22nd, a total of 866,000 people participated in the voting.Among them, 837,000 votes were cast as "suitable, only in this way can it play a deterrent role", but there are also 28,000 votes that "inappropriateness, and the reasonable rights and interests of the punishment must be guaranteed."
Regarding the controversy on the Internet, the relevant parties of the Hangzhou Public Security Bureau responded to the media that the approach to the publicity was compliant.
China News Weekly noticed that according to Article 6 of the Interim Measures on the Interim Measures on the Interim Measures of the Administrative Penalty Results of Zhejiang Province, the full text or abstract information of the administrative punishment decision decision decision on the Internet can be publicly disclosed on the Internet.
It is mentioned that the summary information mentioned in the preceding paragraph should include the book number, the name of the case, the name or name of the punishment, the name of the legal representative, the types and basis of administrative punishment, the type and basis of administrative punishment, and administrative punishmentPerformance methods and duration of punishment, name and date of administrative penalties, etc.In addition to Hangzhou, many cities in the province will also publicize the "color wolf".
"Wolun"
In fact, on the page of Zhejiang Province's administrative punishment information disclosure page, most of the punishment objects are real -name, and the obscenity case is not a case of prominent proportion. Other disclosure includes gambling and theft.However, obscenity cases can attract so much attention, which objectively illustrates the widespread victims, and this problem has been banned repeatedly.
In some cities, the local public security department will set up a "Wolf Hunt" group to set up ambush in buses, subways and other places.These plainclothes policemen seem to be no different from ordinary office workers and passers -by walking, but they may suddenly suddenly be in front of illegal persons at some moment.
In 2020, the Guangzhou Public Security Bureau Public Transport Branch launched a "wolf hunting" operation to capture more than 90 suspects of obscenity, an increase of 187.5%year -on -year; of which nearly 60 were administrative detention in accordance with the law, an increase of 178.9%year -on -year.
The Beijing Public Transport Corps has established the "Wolf Hunting Group" since June 2017.In 2019, the Beijing police detained a total of 285 "color wolves".The police identified suspicious people on the platform and then observed evidence.
In August 2020, netizen Wu said on Weibo that he encountered obscenity in the Beijing Metro on the day of the Qixi Festival.The article states that the man who implemented obscenity was arrested on the spot and was detained for 10 days.
Police's report said that the players of the "Wolf Hunt" group found that a man in a black half -sleeved shirt always stared at the female hips around.After the train entered the station, he cut into the back of a woman wearing a brown dress. While getting on the car with a crowded opportunity, she pinched the woman on her right hip on her right hand to get on the car.
In Wu's telling, the obscenant has always avoided her eyes, and the two were separated by a person among the two. She could only be regarded as "swallowing flies."
Little Fish (pseudonym) has followed the "Wolf Hunter Group" to carry out an arrest operation, and the two "color wolves" were arrested.She recalled to China News Weekly that a victimized girl was wearing ordinary shirts and jeans.Another harassing girl was because of her "long hair".After the girl was arrested, she realized that she was sexually harassed.
The initiator of the "Wolf Hunting Group" said in an interview with the Beijing Youth Daily that the main difficulties of the "Wolf Hunter Action" are concentrated in two aspects.The first is to find difficult."Because the time of the incident is basically concentrated in the commuting time period in the morning and evening peaks, so it is impossible for us to find it in the carriage, we can't move!" The second is difficulty in obtaining evidence."We also need more high -tech means to cooperate. After completing the evidence collection, sometimes there will be parties that are not good for the suspect's punishment in the later period because of various reasons."
In addition, he must be worried that the victim refuses to testify for reasons for being retaliated or shameful.
"Wolun" is not easy, which has caused some "color wolves" to be lucky, and it also made the masses hate it.
"Solid Wolf" is there a privacy?
Whether it should protect the privacy of the "Solor Wolf" is actually the biggest controversy in the discussion of this topic.
Fu Jian, director of Henan Zejou Law Firm, introduced to China News Weekly, the administrative counterpart is also a citizen and enjoy privacy according to law.Although the results of illegal treatment are disclosed, it does not mean that after the perpetrators are illegal, their privacy can be exposed arbitrarily.
But he believes that in accordance with Article 48, paragraph 1, paragraph 1 of the Chinese Administrative Penalty Law,The administrative penalty decision with a certain social impact shall be disclosed in accordance with the law.The opportunity of "color wolf" has caused bad social impact.The punishment decision made by the administrative organs is in line with legal norms, and the punishment information that publicly includes the name of the administrative counterparty on the government website also meets the requirements of the procedure.
"The results of the government website publicity processing are to effectively work. If the identity information of the actor is completely hidden, it cannot play a warning role and cannot achieve the deterrent effect.Power. "He said that the results of the disclosure of government websites will inevitably involve personal privacy, but only the name of the behavior is publicly announced. There is no other identity information.No suspected violations of privacy.In addition, according to Article 1025 of the Civil Code, acts such as news reports and public opinion supervision for public interests have affected the reputation of others and do not bear civil liability.
China News Weekly noticed that in multiple network search engines, the names of searching for a number of people who were punished cannot be retrieved to the relevant administrative penalty results.In other words, only on some government government affairs pages can the relevant content be found.
Chen Wenming, director of Zhejiang Xiaode Law Firm, also believes that the protection of privacy is limited. "Once there is a legal regulations, the effectiveness of this law is of course greater than the requirements of privacy protection.Case".
"Because of the disclosure of the law, even if it caused infringement, it can only be borne by the disclosure," he said.
Chen Wenming emphasized that if there are no relevant legal norms, for example, the above -mentioned disclosure measures of the Zhejiang Provincial Administrative Penalty Results of Zhejiang Provincial People's Government Executive Meeting of the People's Government of Zhejiang Province are generally disclosed by the people of the punishment. "Because of such legal norms, victims can also ask public security organs to perform relevant responsibilities or obligations. "
But there are also opinions that the real -name exposure may not be able to deter the "wolf of the net."Aside from the same name, it may not talk about the same name. From the perspective of Beijing citizen Lin Qi (pseudonym), most of the obscenity incidents that occur in public places are strangers committing crimes, and the disclosure of obscensers' names is not meaningful to the victim.In addition, some obscenants may have psychological diseases, and the role after exposure is also doubtful.
Lin Qi was also "obscene" on the subway: a middle -aged man pretended to sleep, his eyes were closed, but his hands slowly moved to her legs and more than once.
"He was a habitual at first glance, and I had no evidence." Lin Qi said that it was not until he got off the bus that she accused the obscene of the obscene, but was denied and abused by the other party.
"The public name can play a certain warning role, but the degree of penalties for such events is relatively light, so that individual criminals and risks to implement illegal acts." Fu Jian said that if you want to prevent such incidents, first of all, first of allIt is necessary to improve relevant laws and regulations, clarify legal responsibility and punishment methods; secondly, the general public needs to supervise them together, and it must not tolerate such incidents.Women pay more attention to protection in public, and dare to pick up legal weapons to protect their legitimate rights and interests.