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Nor can it be accepted and approved.
Personally, I think this is the result of too rigid dogma in law enforcement, and Yan's behavior, whether from subjective intention or objective harm, is not just an ordinary minor violation, but should be punished with more severe criminal punishment. Copying and mechanically understanding the provisions of the criminal law can only be a consequence, allowing bad people to take advantage of the loopholes in the law. Legislators can never have the wisdom and foresight of God, if there is always a loophole and then to fill it, and the previous loopholes are exploited to take advantage, then such a law will always lag behind, and the number of revisions and legal provisions of our laws is so great that I think it is not normal and necessary, legislation is dead, and law enforcement is alive.
Why some national laws are still applicable over time. It is because law enforcers are not rigid and conservative, and dare to take responsibility.
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In fact, this involves a criminal law issue, criminal law is the most severe sanctions, has a great impact on individual citizens, and criminal law and administrative law have their own scope of adjustment, criminal law requires serious social harm and illegality, as far as the first public is concerned, this is an incident of abuse, no specific physical harm to the child, just personality or slight insult, if it is criminally punished, it is obviously too heavy, and the administrative punishment is taken, and the appropriate punishment has been carried out for its misconduct. Of course, this is a personal opinion. With the emphasis on the protection of children's rights, such acts may also be punishable by criminal law, but for now they fall short of the criteria for conviction.
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I really can't give you a good question, from my personal psychological point of view, I also find it difficult to understand, and I feel indignant, but after all, the judiciary needs to be independent and rational, in the face of insufficient evidence, how can it be convicted, after all, many details of this matter are unknown to us onlookers, but I still believe in the impartiality of justice.
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After the relevant **online**, the local education department immediately intervened in the investigation and reported to the public security organ. At present, the teacher concerned has been dismissed. Yan Yanhong was investigated for criminal responsibility for the crime of picking quarrels and provoking trouble, and Tong Qingqing, who took the photo, was administratively detained for seven days.
On October 26, 2012, she was sentenced to up to five years in prison for Yan Yanhong, a female kindergarten teacher in Wenling, Zhejiang, who was convicted of picking quarrels and provoking trouble.
On October 28, 2012, the Wenling City Public Security Bureau in Taizhou, Zhejiang Province, submitted a request for approval of the arrest of Yan Yanhong, a child abuse teacher suspected of picking quarrels and provoking trouble, but the Wenling City People's Procuratorate has not yet made a decision to approve the arrest. At the same time, ** has not found any mental problems of the female teacher Yan Yanhong involved in the case, nor has she received an application for psychiatric evaluation from the family of the party.
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The crime of picking quarrels and provoking troubles is punishable by three to five years in prison, and it is estimated that three years is more likely. When the verdict will be judged, the judge will be asked, but the impact is so great, the official will definitely be as soon as possible.