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"Going to jail will kill you", China's first case of hiring a foreign killer for revenge

author:Legalist sayings
"Going to jail will kill you", China's first case of hiring a foreign killer for revenge

In order to avenge her Japanese husband, a Chinese wife spent 300,000 yuan to hire a Russian killer through the police, posing as an Italian ambassador to kill her husband's business partner, becoming the first case in China to hire a foreign killer for revenge.

Together, these elements should be enough to attract people's attention. However, this is only a superficial surface of this case, because few people know that the Chinese wife who hired the murderer is a top student who graduated from the law school of a prestigious university, and she deeply understands that the law is inevitable, but in order to avenge her husband, she bravely assumed her own responsibility.

After dealing with her husband's death, she could have stayed in Japan to escape the punishment of the law, but she resolutely returned to China and turned herself in, and calmly went to court to be tried under Chinese law.

After the court of first instance rendered its verdict, the Second Branch of the Beijing Municipal Procuratorate appealed against the criminal part of the court of first instance on the grounds that the sentence was unusually light, and the other defendants except the protagonist of this article appealed at the same time. On September 30, 2006, the Beijing Higher People's Court rendered a final judgment upholding the previous judgment of first instance.

So, why does a top student majoring in law know the law and break the law? How should we evaluate her daring to "take responsibility"?

The partnership failed, and the husband died with hatred and empty hatred

The first thing we should mention is the protagonist of this article, 33-year-old Tong Xiulin. She is a native of Suzhou, Jiangsu Province, and graduated from the law department of a prestigious university 10 years ago. Because of her outstanding talent and strong ability, she stayed in Beijing to work after graduating from university.

The petite Tong Xiulin has a strong heart, and she is known for being assertive and decisive among her classmates and friends. This also includes the fact that she braved a lot of resistance and resolutely married Hideaki Okiura, a Japanese student. In the end, Tong Xiulin let her friends see the accuracy of Tong Xiulin's vision. Okiura Hideaki is indeed a very good man, and the love of their husband and wife is enviable. Of course, this love also made Tong Xiulin, a weak woman, angry at the crown, and hired a murderer to kill her husband's enemy and become a criminal.

Hideaki Okiura, an international student studying in China, began to show his business genius shortly after marrying Tong Xiulin. In the area of Lufthansa Mall in Beijing's bustling Chaoyang District, Okipu Xiuzhao found a business opportunity. Because with the acceleration of Beijing's international urban process, the vicinity of Lufthansa Mall is an area where many embassies gather, and if you open a Japanese restaurant here, it will definitely be popular. He decided to borrow his parents' money to open a restaurant near Lufthansa and introduce Japanese cuisine.

Hideaki Okiura's decision proved to be the right one, and if he had run his own business, he would have been a big success, because 10 years ago there were very few Japanese restaurants in Beijing. However, what he didn't expect was that the problem was his cooperation with his partner.

Okiura's partner is Tang Xiaobin, whose ancestral home is in Harbin, Heilongjiang, but he was born in Beijing. Because Okipu Xiuzhao was an international student at the time, although he invested 600,000 yuan, he could only register with the industrial and commercial authorities as Tang Xiaobin, who only invested 200,000 yuan. In November 1996, Okiura Xiuzhao and Tang Xiaobin partnered to open a Japanese restaurant called Sanshiro next to the Lufthansa Mall, using Tang Xiaobin's individual license, with Okiura Xiuzhao and Tang Xiaobin each holding 45% of the shares, and the other 10% of the shares to the chef.

Although Okiura Hideaki and Tang Xiaobin have a good personal relationship, Okiura Hideaki's understanding of Chinese culture and tradition is limited after all, and he does not know that there is an old Chinese saying, "Buying and selling are done with your own hands, and crops are not entrusted to others". The store in Lufthansa was later closed due to demolition, and after that, Chongpu cooperated with Tang Xiaobin to open a store outside Jianguomen, with half of the capital per person.

Although the partnership business is profitable, because Okipu Xiuzhao is busy with school, he also has to do business separately, which naturally attracts Tang Xiaobin's dissatisfaction. Tang Xiaobin often complained that Okipu Xiuzhao was not interested in business, and Okipu Xiuzhao also began to be dissatisfied with Tang Xiaobin, he believed that Tang Xiaobin clung to financial power and concealed business income. Therefore, the two dissolved the partnership soon after the partnership, but after the company dissolved, the property has not been liquidated.

Since the dissolution of the partnership between the two, Okiura Xiuzhao has been going to Tang Xiaobin to ask for the liquidation of the property and get back his share of the money so that he can return it to his father. But because the company's property has always been in the hands of Tang Xiaobin, he found many reasons to shirk. In desperation, Hideaki Okiura had no choice but to ask his wife, who had studied law, to help collect debts. Although Tong Xiulin sorted out a lot of materials and asked Tang Xiaobin many times to return the money invested by her husband, this confused account has not been settled. Not long after, Tang Xiaobin himself took the money to open a kennel in the suburbs, introduced some valuable dog breeds, and the business became more and more prosperous, and he also drove an extended Mercedes-Benz, which seemed to be a big one.

The money that Okiura Hideaki invested was borrowed from his father, and after the two partnered to do business, his money was taken by others to raise dogs, and he refused to admit it, which made Okiura Hideaki extremely painful and in an extremely bad mood. Soon after, Hideaki Okiura, who was depressed, fell seriously ill.

After Okiura's illness, Tong Xiulin was entrusted by the Japanese side as a director to deal with Japanese affairs, but she had no right to interfere in the operation of the hotel. In the six months before her husband was terminally ill and died, Tong Xiulin suffered from insomnia almost every day, her mental pressure was too great, she felt that the reason why her husband was sick was because Tang Xiaobin owed him so much money and did not pay it back, and her husband's illness made Tang Xiaobin angry.

In May 2002, Hideaki Okiura died of illness in depression. Before dying, Chong Pu said to his wife Tong Xiulin: "Tang Xiaobin has not repaid the money so far, a few years have passed, this money was funded by my father, the only thing I feel sorry for is my father, this is all Tang Xiaobin brought to me." Her husband passed away with regret, which planted the seeds of hatred in Tong Xiulin's heart, and then blamed Tang Xiaobin for her husband's death. Tong Xiulin felt that her husband died too unjustly, and all this was caused by Tang Xiaobin.

The death of her husband is an indelible pain in Tong Xiulin's heart. After her husband died, Tong Xiulin called Wang Jiangtao, a police friend he and her husband shared, to complain. Tong Xiulin said angrily when she told Wang Jiangtao about her husband's last words: "I can't wait to find someone to kill him!" Wang Jiangtao also knew about the economic dispute between Chongpu Xiuzhao and Tang Xiaobin, and before Tong Xiulin's husband died, he also helped Tong Xiulin find a lawyer many times to solve the dispute, but because the evidence was incomplete, many lawyers were reluctant to take the lawsuit. In addition, Tang Xiaobin either did not admit the account or escaped, although Tong Xiulin once got a little money from Tang Xiaobin, but the matter has not been resolved. Seeing that Tong Xiulin was angry, Wang Jiangtao comforted Tong Xiulin and said: "We are all studying law, you must not do stupid things!" Tong Xiulin, who knew the seriousness of the law, nodded tearfully. However, the idea of avenging her husband lingered in Tong Xiulin's heart.

The dissuasion of her friends and her understanding of the law made Tong Xiulin, who was deeply in pain, dispel the absurd idea of "hiring a murderer". However, no one thought that it was Tang Xiaobin's own arrogance that made Tong Xiulin raise the butcher knife without hesitation.

To avenge her husband, she invited a Russian killer for 300,000 yuan

But just when Tong Xiulin wanted to dispel the idea of "finding someone to take revenge", Tang Xiaobin once again angered Tong Xiulin on an inopportune occasion, and finally caused a disaster.

Knowing that his former partner Hideaki Okiura died young, Tang Xiaobin, who had disappeared for a long time, still appeared at Hideaki Okiura's funeral to finally bid farewell to this former Japanese friend. When Tang Xiaobin walked in front of Tong Xiulin, Tong Xiulin's originally painful heart seemed to be sprinkling a handful of salt on the bleeding wound, she couldn't help mentioning her husband's last words to Tang Xiaobin, and asked Tang Xiaobin to settle the original account as soon as possible, so as to return the money to her parents-in-law in Japan, but fulfilled her husband's last wish.

With the death of Chongpu Xiuzhao, Tang Xiaobin felt that people died and had bad debts, and the account from a few years ago did not need to be repaid, so he appeared at Chongpu Xiuzhao's funeral, he didn't expect Tong Xiulin to rehash the old accounts in public at the funeral. Annoyed and angry, he said arrogantly: "I don't owe you a debt, you go to whoever you like!" ”

"My husband died of anger because you didn't pay back! Don't you admit it today?! Tong Xiulin was already furious, and she couldn't wait to step forward and tear this arrogant man.

"What does it matter to me whether your husband dies or not? What proof do you have of the money I owe you? After speaking, Tang Xiaobin shook his hand and left, leaving Tong Xiulin standing there with teary eyes. At that moment, Tong Xiulin, who was full of resentment in her heart, decided to avenge her husband and get rid of this untrustworthy man.

Tong Xiulin has thought of many ways to get justice for her husband, but she is familiar with the law and understands that relying on legal means to solve the problem is obviously not feasible, because she does not have enough evidence in her hands and cannot win the lawsuit at all. She had consulted many times with a lawyer and a friend who worked in law, but no one could give her a good solution.

Deep resentment made Tong Xiulin give up all scruples. After burying her husband, Tong Xiulin found Wang Jiangtao again in September 2002, because she knew that Wang Jiangtao was not only a friend of her husband, but also a man who was righteous enough to be a buddy, and he could stick a knife in his friend's ribs at a critical moment.

When Tong Xiulin said word by word, "You help me find someone to get rid of Tang Xiaobin", Wang Jiangtao, who is a policeman, was still taken aback. Although he knew that Tang Xiaobin's work was indeed not authentic enough, he also knew that Tang Xiaobin had deeply hurt the couple Tong Xiulin and Chongpu Xiuzhao. However, he still has some scruples about letting a policeman help hire someone to commit murder.

After persuading Tong Xiulin for a long time, Wang Jiangtao was surprised to find that this woman who knew the law like him was already determined to take revenge. In the face of love and law, the righteous Wang Jiangtao finally decided to stick a knife in his friend's ribs and help Tong Xiulin, a poor and strong woman. However, when the words came to his lips, Wang Jiangtao still said clearly: "I can introduce you to someone, this person also knows Okipu Xiuzhao, you talk about it yourself, it has nothing to do with me." ”

Wang Jiangtao thought that he was just pulling the needle and lead his friend, and he didn't commit the crime, so he couldn't involve himself. What's more, Wang Jiangtao introduced Tong Xiulin to a friend with a Russian background, and asked the Russians to help the Japanese take revenge, but he couldn't pull himself. Wang Jiangtao's simple and naïve idea finally brought him 6 years in prison.

The person with a Russian background recommended by Wang Jiangtao is called Lu Tu.

Mr. Wang, a police officer, manages an apartment complex where Russians gather. There are more Russians and Chinese who deal with Russians in this area, and among these people is a young man from Jilin, Lu Tu, who is a friend of Wang Jiangtao. The 32-year-old Lu Tu used to do business on the Sino-Russian border, and although he only had a beginner level of Chinese, Lu Tu had a flexible mind and began to work as a Russian translator after learning Russian on the Sino-Russian border. Later, when he came to Beijing, because there were more and more Russians doing clothing business on Yabao Road in Beijing, some debt disputes gradually arose, and Lu Tu opened a black company specializing in debt collection for foreigners. In the process of opening a debt collection agency, Lü Tu got to know some outlaws at home and abroad, including the Russian Kidov Gennady who later killed people with him.

Although Wang Jiangtao knew that Lü Tu's debt collection company was not licensed, he still often asked Lü Tu to cooperate with his work. Therefore, when Tong Xiulin asked him to help hire a murderer, Wang Jiangtao suddenly thought of Lu Tu, an outlaw. One day in November 2002, Tong Xiulin called Wang Jiangtao again, at this time he was with Lu Tu, Wang Jiangtao asked Tong Xiulin to come to him, and Tong Xiulin met Lu Tu through Wang Jiangtao. After Tong Xiulin saw Lu Tu, Wang Jiangtao got up cautiously and said, "You guys talk about it yourself, I'm leaving." Then he turned and left them.

In the apartment where Lu Tu lived, Tong Xiulin told Lu Tu about her idea of finding someone to kill Tang Xiaobin, and also told her about the relationship between Okipo Xiuzhao and Tang Xiaobin. Lu Tu said that he could find someone from Russia to help with this, and asked Tong Xiulin if Tang Xiaobin had any bodyguards, and Tong Xiulin told him that Tang Xiaobin should not have bodyguards.

Tong Xiulin quickly negotiated with Lu Tu and asked Lu Tu to hire the Russian Kidov to kill Tang Xiaobin at a price of 300,000 yuan. Subsequently, Tong Xiulin began to raise money. Tong Xiulin provided Lu Tu with a photo of Tang Xiaobin and told Lu Tu some information about Tang Xiaobin, and then Tong Xiulin paid Lu Tu 210,000 yuan, in addition, Wang Jiangtao also had Tong Xiulin's 10,000 US dollars, and Tong Xiulin asked Lu Tu and Wang Jiangtao to ask for 10,000 US dollars to make up 300,000 yuan.

He returned to China and surrendered himself, willing to accept legal sanctions

After Lu Tu got the money, he was not in a hurry, which made Tong Xiulin a little anxious. At the beginning of December 2002, Tong Xiulin called to ask Lu Tu when he would do something, and Lu Tu promised that he would do it before the Spring Festival.

Hearing Lu Tu's promise, Tong Xiulin went to Japan in March 2003 with peace of mind. She wanted to take advantage of Lu Tu's murder to finish the affairs of her Japanese father-in-law and mother-in-law, and then easily return to China and turn herself in. However, after Tong Xiulin arrived in Japan, she was worried that her parents-in-law would be worried if she had no news after returning to China, so she told her parents and Chongpu Xiuzhao that she had spent money to find someone to kill Tang Xiaobin.

When Chongpu Xiuzhao's parents heard that their daughter-in-law had made such a move, they resolutely disagreed with Tong Xiulin's approach, reprimanded Tong Xiulin fiercely, and persuaded Tong Xiulin to return to China as soon as possible to stop Lu Tu and them. In desperation, in June 2003, Tong Xiulin returned to Beijing to find Lu Tu, prevented Lu Tu from killing Tang Xiaobin, and asked Lu Tu to return the "murder money" that had been paid.

However, for an outlaw like Lu Tu, how can the money that has already been received be taken out again? Lu Tu swore and said: "Tang Xiaobin is a scumbag damned, don't worry about it, I will definitely do it for you!" Seeing that it was impossible to get the money back from Lu Tu, Tong Xiulin, who still had a grudge, had no choice but to give up.

After that, Lu Tu did not make a move. Until the beginning of 2004, Tong Xiulin asked Lu Tu to go downstairs to his house and asked Lu Tu to repay the money again, but Lu Tu resolutely refused to pay it back. Throughout 2004, Tong Xiulin asked Lu Tu many times to ask him to pay back the money, but Lu Tu said every time: "Don't worry about it, this kind of person should be killed, I will definitely do it as soon as possible!" ”

Tong Xiulin knew that it was difficult to ask for money from people like Lu Tu. Tong Xiulin simply threw away the phone card that Lu Tu gave her for personal contact. She thought, since she can't get the money, let's let it be.

What Tong Xiulin didn't expect was that late at night on December 5, 2004, Lu Tu suddenly called Tong Xiulin and asked her to go downstairs to meet. Downstairs in Tong Xiulin, Lu Tu told Tong Xiulin: "Tang Xiaobin is dead, he did it with a pistol, and he used 6 bullets, don't worry!" ”

It turned out that after getting the money sent by Tong Xiulin, Lu Tu found his former business partner Kidov Gennady. The 43-year-old Kidov is more than 1.8 meters tall, with a full beard, gray hair, and a high nose, a former soldier, and a very strong body, according to Lu Tu, he has a triad background in Russia, often helps Chinese collect debts in Russia, and has successfully collected debts under the employment of Lu Tu.

From Tong Xiulin's mouth, Lu Tu learned that Tang Xiaobin likes dogs very much and runs a kennel. Lu Tu made up his mind about the "dog". Because of his burly figure and dignified appearance, Kidov became the "Yugoslav ambassador to China". In order not to arouse Tang Xiaobin's suspicion, Lu Tu and Kidov first rented a Cherokee, and then went to the vicinity of Jianguomen to steal the license plate of an embassy, and the two bought a hammer, and Kidov also brought a pistol.

On the afternoon of December 1, 2004, Lu Tu and Kidov came to Tang Xiaobin's kennel. Lu Tu introduced to Tang Xiaobin: "This ambassador wants to pick a good dog for his girlfriend. As soon as he heard that it was a dog, Tang Xiaobin became interested, and without saying a word, he got into Lu Tu's car and drove to the kennel in the suburbs.

Tang Xiaobin sat in the car, chatting with Lu Tu from time to time, when the car drove to a secluded dirt road in Yanjiao Industrial Park, Sanhe City, Hebei Province, Tang Xiaobin, who was still talking, suddenly felt a sharp pain in the back of his head, and the personable "ambassador" just now was carrying a hammer in his hand. The car stopped on the side of the road, and the dizzy Tang Xiaobin covered his head and lay on the ground to beg the two for mercy, but before the words of begging for mercy were finished, Tang Xiaobin was killed by two bullets. Subsequently, they threw Tang Xiaobin's body into a sewage well, and the murder weapon was thrown into the Tonghui River.

Tang Xiaobin is dead! Tong Xiulin's revenge plan, despite the contradictions, has come true. She knows that it's time to end everything, and what she can't worry about the most is her Japanese parents-in-law. On December 20, 2004, Tong Xiulin went to Japan.

On the evening of December 22, when she first arrived in Japan, Tong Xiulin received a call from Wang Jiangtao: "Don't come back, Lu Tu has been arrested, Lu Tu and they must have hired you to hire a murderer, the police have already wanted you, don't come back." ”

But Tong Xiulin's words puzzled Wang Jiangtao: "No, I must go back to Beijing and explain the matter clearly to the police, I must dare to take responsibility if I did it!" As someone who is familiar with Chinese law, I know the sanctity of the law! I've broken the law and I'm going to take it! I am willing to accept the sanctions of Chinese law! ”

Tong Xiulin's words surprised Wang Jiangtao, but Wang Jiangtao knew that since Tong Xiulin could do what he said, he sighed and said, "If you come back, can you promise not to tell me?" ”

There was also a sigh on the other side of the phone: "I'll try, but I can't guarantee it completely!" ”

At 3 p.m. on March 19, 2005, Tong Xiulin made a phone call to the Beijing Criminal Investigation Corps from a public phone at Narita Airport in Japan and said: "My name is Tong Xiulin, I hired someone to kill Tang Xiaobin, Tang Xiaobin is dead now, I will go back to Beijing and turn myself in!" Subsequently, Tong Xiulin told the criminal police corps about the flight and time she was taking.

On March 20, 2005, Tong Xiulin said goodbye to her parents-in-law, flew back to Beijing from Japan, and came to the public security organ with the police. At the same time, Tong Xiulin offered to compensate the victim's family with 250,000 yuan, and her relatives sent the money to the judicial organ.

The killer prevaricates, and it becomes a mystery who shot and killed

In the courtroom of the Beijing No. 2 Intermediate People's Court, Tong Xiulin confessed to the full circumstances of her hired murder. At the mention of her deceased husband, her eyes turned red.

The trial of Tong Xiulin's murder went very smoothly, but the prosecutor's accusation of murder by Lu Tu and Kidov appeared in two different versions of the confession of the scene on the day of the killing.

Lu Tu said that they had bought a hammer in advance, stole a license plate from an embassy, and that the gun belonged to Kidov. On the same day, they asked Tang Xiaobin out on the grounds of buying a dog. After the car drove to Yanjiao Town, Sanhe City, Hebei Province, Kidov picked up the hammer prepared in advance and hammered it at Tang Xiaobin's head. Seeing Tang Xiaobin resisting, Kidov picked up a gun and forced Tang Xiaobin out of the car. "When I got out of the car, I only heard two gunshots, and Tang Xiaobin was shot and fell." When they put Tang Xiaobin in the trunk, they heard a groan, and Kidov picked up the hammer and hammered it a few more times. They then dumped the bodies in a roadside well.

And Kidov even denied in court that he was involved in the killing. Kidov said that Lu Tu took him to meet a business friend that day, and Lu Tu deliberately stole an embassy license plate to show his identity. When the car drove to a place where no one was around, Lu Tu and Tang Xiaobin got out of the car, and the two had an argument. He heard two gunshots and saw Tang Xiaobin fall to the ground. He wanted to help Lu Tu move the body, but Lu Tu refused. When Kidov was interrogated before, he admitted to hitting Tang Xiaobin's head with a hammer and other details.

On November 29, 2005, the Beijing No. 2 Intermediate People's Court rendered a first-instance verdict in the case of Tong Xiulin's hired homicide, sentencing Lu Tu to life imprisonment and deprivation of political rights for life for intentional homicide. Kidov Gennady was convicted of intentional homicide and sentenced to life imprisonment with deportation for intentional homicide; Tong Xiulin was sentenced to 15 years in prison and deprived of political rights for three years for intentional homicide; Wang Jiangtao was sentenced to 6 years in prison for intentional homicide. The four defendants jointly compensated the plaintiff in the attached civil lawsuit for economic losses of RMB 350,000.

With regard to the verdict of the first instance, the lawyer representing the victim's family held that Lü Tu, Kidov, and Tong Xiulin were all the principal perpetrators of joint intentional homicide, and that according to the provisions of the Criminal Law, Lü Tu and Kidov should be sentenced to death, and Tong Xiulin should be sentenced to life imprisonment.

According to the lawyer, this is a case of intentional homicide of a very heinous nature, with particularly serious circumstances and particularly cruel methods. Tong Xiulin came up with the idea, Lu Tu and Kidov premeditated the murder, and hit Tang Xiaobin with a hammer but did not kill him, although Tang Xiaobin begged for mercy, but the two lost their humanity and shot Tang Xiaobin to kill, and finally threw the body, there was no mitigating plot in the whole process. In this regard, Kidov's appointed defense lawyer argues that one of the reasons why Kidov and Lütu were not sentenced to death was because the court acted on the principle of caution. To this day, it is still a mystery who shot Tang Xiaobin.

As for the specific process of committing the killing, Kidov and Lu Tu both said that the other party did it, and there was no other evidence, so the court could not ascertain the specific circumstances, so it could only find that the two had committed it together. Out of caution in the application of the death penalty, the courts cannot easily impose a death sentence.

In addition, after being caught, Lu Tu assisted the police in arresting Kidov, and Kidov was finally sentenced to a sentence of life or more, according to the provisions of the Criminal Law, Lu Tu was a major meritorious service and should be commuted, so the court applied the life imprisonment in accordance with the law. Regarding the court's judgment of the four defendants to compensate the families of the deceased 350,000 yuan, Tong Xiulin's family paid 250,000 yuan in the case, and Lu Tu's family paid 100,000 yuan in the case, which became the circumstances of Tong Xiulin and Lu Tu's lenient punishment.

After the first-instance verdict, except for Tong Xiulin, who did not appeal, Lü Tu, Kidov, and Wang Jiangtao all appealed the judgment of the criminal part of the first-instance court's judgment, and the Second Branch of the Beijing Municipal People's Procuratorate also appealed the judgment of the first-instance court on the criminal part of the first-instance court's judgment to the Beijing Municipal High People's Court.

The procuratorate held that the court of first instance's verdict finding that defendant Lu Tu had made major meritorious contributions and that defendant Wang Jiangtao was an accomplice was inaccurate; Lu Tu's act of assisting the public security organs in arresting Kidov Gennady did not constitute a major meritorious service, and the verdict that Wang Jiangtao was an accomplice was erroneous. The original judgment was based on the fact that Lu Tu had made major meritorious contributions, that Wang Jiangtao was an accomplice, that Tong Xiulin surrendered after committing the crime, and that Tong Xiulin and Lu Tu actively compensated the victim's family for economic losses during the trial, and that the punishment of Lu Tu, Tong Xiulin, and Wang Jiangtao be mitigated or commuted, and that the sentence was unusually light, and that the sentence of the court of second instance be changed in accordance with law. The Beijing Municipal People's Procuratorate supported the Second Branch's protest.

At the same time, it is rare for the defendant to appeal against the criminal part and the procuratorate to raise a prosecutorial counter-appeal. After the Beijing Municipal High People's Court accepted the case, it formed a collegial panel to carefully hear the case. On September 30, 2006, the Beijing Municipal High People's Court rendered a final judgment, holding that the criminal part of the judgment made by the court of first instance on the basis of the facts of the crimes committed by Lu Tu, Kidovgenady, Tong Xiulin, and Wang Jiangtao, the nature and circumstances of the crimes, and the degree of harm to society, were correct in convicting and applying the law, the sentences were appropriate, and the trial procedures were lawful, and should be upheld. The court of second instance ruled to reject the protest of the Second Branch of the Beijing Municipal People's Procuratorate, rejected the appeals of Lu Tu, Kidovgenady and Wang Jiangtao, and upheld the criminal part of the original judgment. So far, the dust has settled on China's first murder case involving a hired foreign murderer, which has caused a sensation in the whole country.

It is shocking, and it hurts for a strong woman to know the law and break the law

The news of hired murder is not uncommon, but the biggest shock in this case is not only that the police help people hire murderers, but that top students who study law hire murderers and then return to China to turn themselves in, because this is not just a typical case of knowing the law and breaking the law.

In our opinion, knowing the law and breaking the law is not big news, because there are more and more "law-knowers", and it is inevitable that one or two law-blind people will appear. What is surprising is that Wang Jiangtao, who is a police officer, actually played an intermediary role in this hired murder when Tong Xiulin, who also knows the law, had a civil dispute. What is even more puzzling is why Tong Xiulin, who knows the law, risked being sentenced to death to hire a murderer? Because if it weren't for Tong Xiulin's voluntary surrender and active compensation, she would most likely be sentenced to death. What is the reason for a woman to spend 300,000 yuan to hire a murderer at the risk of knowing that it is so dangerous?

This subverts our preconceived notions, because we usually think that police officers and people who study law professionally should tell their relatives and friends to believe in the law and resolve the dispute through litigation when they have a civil dispute. So, what makes both a woman who understands the law and a police officer who is a law enforcer abandon the due process of the law and resort to the extreme method of hiring a murderer to settle civil disputes?

We have no reason to blame the smooth flow of justice, but this cannot but make us reflect on the unimpeded access to judicial dispute resolution. Because as a person who knows the law, if you know that the judicial settlement of disputes can be smooth and timely, then there is no need to use the extreme means of hiring a murderer to resolve the dispute.

If we think about it further, the reason why there are more and more people like the victim Tang Xiaobin who have not paid their debts in our society is also related to the lack of smooth channels for our judicial settlement of disputes. Some debtors take advantage of some problems in our judicial system to settle their debts with peace of mind, which in turn exacerbates the lack of smooth access to judicial dispute resolution.

The lack of smooth channels for judicial dispute resolution has led to the emergence of various underground organizations for resolving disputes. In some places, so-called "debt collection companies" are prevalent, and the defendant in this case, Lu Tu, opened a criminal syndicate in Beijing that specializes in collecting debts for foreigners, and in some places, the triad has even intervened in the settlement of civil disputes, and the use of these underground organizations to resolve disputes is relatively effective and the cost is lower. As a person who knows the law, the reason why Tong Xiulin will take an extreme means of hiring a murderer to solve the problem must be related to her subjective belief that the judicial way to resolve disputes is not smooth, and the underground way to resolve disputes is effective.

In addition, we can't help but talk about Tong Xiulin's knowledge of breaking the law and returning to China to turn herself in. Traditionally, Tong has fled abroad after hiring a murderer, and according to popular belief, she can and should hide in Japan or move to some other country to escape Chinese law. However, she still returned to China, because she knew the law, she knew that the Chinese law would not forgive her, and she should bear the responsibility for it, so she chose to turn herself in after committing the crime.

Mr. Qian Lieyang, a well-known criminal defense lawyer, has his unique views on Tong Xiulin's spirit of "responsibility", and he appreciates Tong Xiulin's courage to take responsibility after avenging her husband from the perspective of personal feelings rather than from the perspective of a lawyer. Qian Lieyang believes that Tong Xiulin is not legally illiterate, she knows the seriousness of the law and knows that breaking the law is to be punished with her life or freedom. However, Mr. Qian Lieyang thinks that Tong Xiulin is a rigid woman, and her knowledge of the law and breaking the law not only touches the law, but also touches our hearts.

It is not our intention to praise a person who knows the law and breaks the law, and no one has the right to deprive another of his life. However, all of us may encounter a time when we are cornered, or when we need to choose between a fork in the road in life, at that time, we should calm down and think about what we should do and what we should not do, and that's it!

Source: Qiyuan Miscellaneous

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