https://tw.news.yahoo.com/肉圓沒有加辣的隱性暴力與顯性暴力-每天都是世界末日-043200394.html
肉圓沒有加辣的隱性暴力與顯性暴力【每天都是世界末日】
壹週刊Nextmag
943 人追蹤
壹週刊
2019年1月16日 下午12:32
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網友包圍狠父住處炒辣椒要「請他吃」，警方安撫並收下整鍋現炒的辣椒。圖源：蘋果日報
◎傅紀鋼
日前，新北市蘆洲一名林姓男子，因為兒子買回來的肉圓沒有加辣，讓他當場暴怒，拿啤酒罐狂摑兒子巴掌，妻子上前勸阻時，也遭勒脖拖行。妻子自拍的影片在臉書社團《爆怨公社》曝光後，遭7名網友肉搜出林家住址、前往對林父動用私刑。最後演變成上百網友聚集在林家，炒辣椒要林父吃的場面。
此事一出，不但驚動台灣各界，許多網紅名人紛紛表態譴責之外，立法院副院長蔡其昌、台灣總統蔡英文也為此表態，希望社會各界重視家暴問題，並依《家庭暴力防治法》來防止類似行為。
整件事有一個關鍵，就是暴力的使用。
家暴在台灣，可說司空見慣，三不五時在社會新聞都可見到。大家的反應也都一般般。此次會震驚社會，並驚動台灣總統，純粹只是「暴力的使用原因極為不當」而已。只因「肉圓沒加辣」就痛打小孩，踩到了大眾的痛點。犯了全台灣最不可原諒之錯。除公務人員與社工之外，觀看各界的看法，似乎反對的不是施用暴力的本身，而是「暴力針對的對象與理由」。
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上百網友聚集在家暴父住家前，要求討公道，警方到場戒護預防場面失控。翻攝爆料公社
台灣人最不能忍受的就是「對小孩施暴」，因為小孩子不懂事。至於成年人互相暴力對待，只要理由顯得正當，通常只會說「死好」。這範圍從黑道火拼、廟會陣頭互幹，甚至到丈夫打老婆，只要被打的人違反道德限制，暴力的存在都不是問題。
今天有人犯了酒駕、搶劫、強姦、販毒等，明顯會危害社會的事，網友無不喊打喊殺。用暴力對待犯人理所當然，殺了也是正當。肉圓事件，最經典的看法是網紅館長的意見：「可以揍你嗎？」。私刑的思維普遍存在台灣民間，許多社會新聞的加害者，常被義憤填膺的民眾圍毆。
除了「不爽」之外，更冠冕堂皇的理由是「伸張正義」。因為台灣司法仍存在著不公義的狀況，民眾大多認為正義必須由更大的集體──「社會」來公斷。而執行正義的手段，最好的方式就是殺人。八成以上民眾支持死刑可不是假的，人都可以殺了，痛打一頓、以眼還眼，又算得了什麼？即使受害者與自己無關也無所謂。
當然也有不少知識份子主張，現代社會的進化，必須要防止暴力。這點現代公民絕對都可以認同，沒人希望自己遭受任何形式的暴力。問題是，社會當中除了顯而易見的絕對暴力（大多與刑事罪有關），還存在著隱性的暴力。而隱性暴力，推升了顯性暴力的存在。
隱性暴力從「言語傷害」、「精神傷害」，到各種「歧視」、「資源分配不公」，族繁不及備載。只要是違反公平，而當事人又無法替自己伸張正義（例如種族歧視、低薪、情緒受創），控制得好的人，會寄望國家社會幫忙解決，控制不住的人就使用暴力。台灣刑案八成以上是情緒型犯罪，常一時情緒激動就犯下大錯。
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狠父不堪輿論壓力，出面鞠躬致歉。 圖源：蘋果日報
前些日子，某男子酒後失控，踢死同居人的女兒就是一例。此次肉圓事件也是翻版。而去看施暴者的個別狀態，很容易發現無論貧富，每個施暴者都有壓抑已久的個人困境。但這些困境在他們自己的人生中無法解決，一個不小心失控，就只能透過顯性暴力，去抵抗自己遭受的隱性暴力。
而這些執行言語、行為暴力來制裁林父的網友們，站在維護公理正義的立場，彷彿有絕對的正當性。但反過來說，每一句話、每一個行為，全都在助長隱性暴力的氣焰。
台灣總統蔡英文的臉書發文，呼籲民眾遇到類似事件時，要主動關心鄰居，並通報家暴防治專線。這只是治標，她也沒更好的做法。因為這最多只是要求民眾把「執行暴力」的權力交給公部門而已，完全是官腔的垃圾話。治本的方法，則是要消除人心所感受到的，自己遭受的隱性暴力。
這點很難，全世界的宗教努力了一萬年以上都做不到，自無法要求政府來做。但政府可以做的，首先就是「資源分配力求公平」，先解決勞工過勞與低所得的困境，大眾才有心力去解決個人的情緒問題。也當然這涉及到政黨彼此的利益關係，沒有政治人物會做。
這是個無解的議題，只要有人，就有壓迫，就有爭端。要減少此類事件的發生，比較具體的方式，大概就是鼓勵大家適當的發洩情緒壓力，以及「不要再把自己的價值觀加諸別人身上」。台灣人最可怕的就是「推己及人」，常常都認為別人該照著自己的想法做，所以「打你是為你好，殺你也是為你好」。
為什麼小孩被欺負會犯眾怒，就是因為小孩不被當成人看，每個人都可以把小孩想像為「符合自己價值觀」的東西，所以小孩被打就等於自己被打。說穿了都只是自我投射而已，根本與正義無關，喊打喊殺的大部分都只是求爽而已。
不懂得尊重人，隱性暴力就會持續升高。先懂得尊重別人，社會事件才會減少。
正義是好東西，只是常常被個人拿來當作武器而已。
【以上言論不代表本刊立場】
作者簡介：傅紀鋼，詩人，《前進》文學誌發行人，塔羅牌占卜師。肥宅＋魯蛇＋變態。
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小孩被欺負很容易引起眾怒。 圖源：蘋果日報
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https://tw.news.yahoo.com/【肉圓不加辣】-警察可以把家暴父抓起來嗎？私刑-060056649.html
【肉圓不加辣】 警察可以把家暴父抓起來嗎？私刑正義是正義嗎？
法操觀點
70 人追蹤
政事觀察站2019年1月16日 下午2:00
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圖片來源：取自網路。
文／法操司想傳媒
每當有引起社會公憤的案件時，總是會有一群充滿正義感的民眾，想要給這些加害人一些教訓。殺貓陳皓揚被痛毆、虐死女童姨丈家被砸屋撒冥紙、蛋洗虐嬰幼兒園、痛毆肉圓家暴父等等。但你知道這樣動用私刑，可能要付出什麼樣的代價嗎？
別一時激憤也成施暴者
根據媒體報導，蘆洲一名林姓男子，因為兒子出門買肉圓，卻未加辣，因此痛毆兒子。事情爆發後，網友紛紛肉搜這名林姓男子，查到地址後直接登門拜訪，林男開門後網友進入男子家中，遞辣椒掌摑、痛毆林男。林男只能趕快報警並就醫，在上救護車的路途上，還被民眾拿安全帽毆打。
民眾痛毆、圍毆這樣具有攻擊性的行為，恐怕已是刑法第277條傷害罪的現行犯了，可以處3年以下有期徒刑、拘役或1000元以下罰金。而網友進入林男家中時，也有可能會構成刑法上第306條的無故侵入他人住居罪，處1年以下有期徒刑、拘役或300元以下罰金。
「激於義憤」傷害？
傷害罪和殺人罪一樣，都有在義憤情況下，得減輕的規定。但不論是殺人罪或傷害罪都有「當場」這個要件。當場激於義憤，指的是讓人義憤的事情必須與傷害行為同時存在。在肉圓沒加辣案件中，孩子被打是讓人義憤的事，但當下網友並不在他們家中，後續基於氣憤難忍而傷害，不能構成義憤傷害罪。
救孩子不是正當理由嗎？
無故侵入他人住居的無故，指的是無正當理由。若今天聽到鄰居家孩子被打，哭喊救命，這時候衝進他人家，須要負刑責嗎？「救小孩」不算正當理由嗎？這裡所指的正當理由，應該限於得屋主同意或有法律上的正當理由，例如：有搜索票的情形或消防員依法令的救助行為等。
但即便民眾救助孩童行為符合無故侵入住居的構成要件，善心的民眾，仍可依刑法第23條規定，阻卻違法。在保護鄰居小孩的身體健康權下，採取侵入他人住居阻止，應該是有效的手段，則可以主張正當防衛阻卻違法。
私行暴力絕非正義
我們完全可以理解民眾憤怒的心情，尤其是在看過施虐影片後，更是讓人覺得憤慨，但私刑暴力就是實現正義嗎？就像我們在處理小孩吵架時，我們不會跟孩子說，別人打你就應該自己打回去，報復他！會有執法機關的出現就是為了要讓事件能有公正第三方，出來主持公道，就像小孩爭執中，家長和老師的角色。
如果每件犯罪，我們都可以直接動用私刑，那法律條文跟執法機關不是形同虛設嗎？況且，若我們支持動用私刑，若有人只是藉著為孩童、弱勢發聲的機會，來實現自己的犯罪行為呢？因此，《法操》也要再一次提醒民眾們，無論任何案件，都千萬不要因為一時的情緒失控，反而誤觸法網，使自己也成為施暴者，實在得不償失。
可以把家暴父抓起來嗎？
當然，我們也要再次譴責家暴的行為，僅僅因為肉圓沒加辣就藉故毆打小孩，進而毆打妻子，這樣的行為絕對是不正當的。不過雖然本件事實依家庭暴力防治法第2條第2款應屬家庭暴力罪之範疇，且如是涉犯家庭報暴力罪，檢察官通常可考慮如符家庭暴力防治法第29條第2項、第30條等規定可實施拘提，拘提後甚至可以向法院聲請羈押。
但因為家庭暴力罪本身並無法定刑，還是要回到刑法處理，而本件家暴父親毆打小孩和配偶應該是涉刑法第277條第1項的傷害罪，只是傷害罪屬於告訴乃論之罪，如果未經合法告訴，檢察官也難以追訴犯罪，因此在被毆打的小孩未能經他人協助提出告訴或配偶未能自行提出告訴之前，其實不容易透過國家檢察體系來追究只在乎肉圓有無加辣的家暴父可能涉及的犯罪行為，或是馬上依前述法條進行拘提或聲押的程序。
或許在未來家庭暴力防治法的修法中，可以審慎評估當家庭暴力行為僅涉告訴乃論之罪時，應如何處理較妥適的問題。
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【陳皓揚虐貓案】私行暴力就是正義嗎？小心成重傷害罪現行犯
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The meatballs have no sexually explicit and explicit violence. Every day is the end of the world.
[壹周刊Nextmag]
壹Weekly Nextmag
943 people track
Weekly magazine
January 16, 2019, 12:32 PM
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The netizen surrounded the uncle's residence and fried peppers to "please ask him to eat." The police appeased and received the whole pot of fried peppers. Source: Apple Daily
◎Fu Jigang
A few days ago, a man named Lin, Luzhou, New Taipei City, because his son bought the meatballs did not add spicy, let him anger on the spot, slap his son with a beer can, his wife went forward to discourage, but also dragged his neck. After the wife’s self-portrait film was exposed in the Facebook Society’s “Bursting Commune”, seven netizens searched for Lin’s address and went to lynching Lin’s father. Finally, it turned into a scene where hundreds of netizens gathered in the Lin family and fried peppers to eat by Lin.
This incident has not only alarmed all walks of life in Taiwan, but many celebrities in the Internet have expressed their condemnation. The Vice President of the Legislative Yuan Cai Qichang and Taiwan’s President Tsai Ing-wen also expressed their views on this issue. I hope that all sectors of the society will pay attention to domestic violence and comply with the Domestic Violence Prevention and Control Act. To prevent similar behavior.
One key to the whole thing is the use of violence.
Domestic violence in Taiwan can be said to be commonplace, and it can be seen in social news at three o'clock. Everyone's reaction is also general. The meeting shocked the society and alerted the President of Taiwan. It was purely that "the reasons for the use of violence were extremely inappropriate." Just because "the meat is not spicy", I beat the children and stepped on the pain points of the public. It is the most unforgivable mistake in Taiwan. Apart from civil servants and social workers, watching the views of various sectors seems to oppose the use of violence itself, but the object and reason for violence.
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Hundreds of netizens gathered at home before the violent father’s home, asking for fairness, and the police came to the scene to prevent the scene from getting out of control. Reversal
The most unbearable thing for Taiwanese is to "spread violence against children" because children are not sensible. As for adults who are violently treating each other, as long as the reasons are justified, they usually only say "good death." This range is from the gangsters, the temples, and even the husband to the wife. As long as the person being beaten violates moral restrictions, the existence of violence is not a problem.
Today, some people have committed drunk driving, robbery, rape, drug trafficking, etc., which will obviously endanger the society. Netizens all yell and kill. Treating prisoners with violence is a matter of course, and killing is justified. The most classic view of the meatball incident is the opinion of the director of the net red: "Can you marry you?". The lynching thinking is widespread among Taiwanese folks, and many of the insurgents of social news are often surrounded by people who are filled with indignation.
In addition to "unhappy", the more solemn reason is "excellence in justice." Because there is still a situation of injustice in Taiwan's judiciary, most people believe that justice must be arbitrarily determined by a larger collective, "society." The best way to implement justice is to kill. More than 80% of the people support the death penalty is not a fake, people can kill, beat a meal, an eye for an eye, what is it? It doesn't matter if the victim has nothing to do with himself.
Of course, there are also many intellectuals who advocate that the evolution of modern society must prevent violence. This modern citizen can definitely agree that no one wants to suffer any form of violence. The problem is that there is hidden violence in the society in addition to the obvious absolute violence (mostly related to criminal offences). And implicit violence has pushed up the existence of explicit violence.
Invisible violence ranges from "speech injury" and "mental injury" to various "discrimination" and "unfair distribution of resources". As long as it is a violation of fairness and the parties are unable to provide justice for themselves (such as racial discrimination, low pay, emotional depression), people with good control will hope that the national society will help solve the problem, and those who cannot control will use violence. More than 80% of Taiwan’s criminal cases are emotional crimes, and they often make big mistakes when they are emotional.
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Uncle is uncomfortable with public opinion pressure and apologizes. Source: Apple Daily
A few days ago, a man lost control after drinking, and the daughter who killed the cohabitation was an example. The meatball incident is also a replica. Looking at the individual state of the perpetrators, it is easy to find that regardless of the rich and the poor, each perpetrator has a long-repressed personal dilemma. But these dilemmas cannot be solved in their own lives. If they accidentally get out of control, they can only resist the hidden violence they have suffered through explicit violence.
These netizens who practice speech and act violence to sanction Lin’s father stand in the position of upholding justice and justice, as if they have absolute legitimacy. But on the other hand, every sentence and every behavior is all contributing to the arrogance of hidden violence.
Taiwan’s President Tsai Ing-wen’s Facebook article issued a message calling on the public to take care of their neighbors when they encounter similar incidents and to inform the domestic violence prevention line. This is just a cure, and she has no better way. Because this is at best only asking the people to hand over the power to "execute violence" to the public sector. It is completely a bureaucratic trash. The cure for the problem is to eliminate the hidden violence that the human heart feels and suffers.
This is very difficult. The religious efforts of the whole world can't be done for more than 10,000 years. It is impossible to ask the government to do it. But what the Government can do is, first of all, "resource allocation and strive for fairness". First, solve the predicament of labor overwork and low income, and the public will have the heart to solve personal emotional problems. Of course, this involves the interests of political parties, and no politicians will do it.
This is an unsolved issue. As long as there are people, there is oppression and there is a dispute. To reduce the occurrence of such incidents, the more specific way is to encourage everyone to properly vent their emotional stress and "don't put their own values on others." The most terrible thing for Taiwanese people is to "push themselves and people." They often think that others should do what they want, so "playing you is good for you, killing you is also good for you."
Why a child is bullied and angered because the child is not seen as an adult. Everyone can think of the child as something that "conforms to their own values," so the child is beaten to be beaten. To put it bluntly, it is only self-projection. It has nothing to do with justice. Most of the shouting and killing is just a matter of seeking happiness.
If you don't know how to respect people, hidden violence will continue to rise. First, knowing how to respect others will reduce social events.
Justice is a good thing, but it is often used by individuals as a weapon.
[The above remarks do not represent the position of this journal]
About the author: Fu Jigang, poet, publisher of "Forward" literature, Tarot divination. Fat house + Lu snake + metamorphosis.
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It is easy for a child to be bullied to cause public outrage. Source: Apple Daily
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[Flesh is not spicy] Can the police arrest the violent father? Is lynching justice just?
Legal opinion
70 people tracking
Political Affairs Observatory, January 16, 2019, 2:00 pm
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Image source: taken from the web.
Text / Law Secretary wants the media
Whenever there are cases that cause public outrage, there will always be a group of people full of justice who want to give some lessons to these perpetrators. Killing the cat Chen Yuyang was bitten, and the girl who was dying of the girl was smashed by the shacks, the eggs were washed, the infants were nursed, and the savage fathers and other violent fathers. But do you know what kind of price you might have to pay for using lynching in this way?
Don’t be angry at the moment
According to media reports, a man named Lin in Luzhou, because his son went out to buy meatballs, but did not add spicy, so he slandered his son. After the incident broke out, netizens rushed to search for the man named Lin. After checking the address, he directly went to visit the door. After Lin Men opened the door, the netizen entered the man's home and handed the pepper to the palm of his hand. Lin Nan can only call the police and seek medical treatment. On the way to the ambulance, he was beaten by the public with a helmet.
The aggressive behavior of the public, such as persecution and encirclement, is probably the current crime of the crime of article 277 of the Criminal Law. It can be sentenced to imprisonment for up to three years, criminal detention or a fine of 1,000 yuan or less. When a netizen enters Lin’s home, it may also constitute the crime of infringement of the residence of another person in Article 306 of the Criminal Law. He is sentenced to one year imprisonment, criminal detention or a fine of 300 yuan or less.
"Infuriating indignation" hurts?
The crime of assault is the same as the crime of murder. But whether it is murder or injury, there is a "on the spot" requirement. On the spot, it is angered by indignation, which means that things that cause indignation must exist at the same time as harm. In the case of the meatballs not being spicy, it is a matter of indignation for the children to be beaten, but the current netizens are not in their homes, and the subsequent injuries based on anger are unbearable and cannot constitute a crime of indignation.
Is it not a valid reason to save a child?
Unreasonable intrusion into the residence of others for no reason means no justification. If you hear the neighbor’s child being beaten today and crying for help, do you have to bear criminal responsibility when you rush into someone else’s home? Isn't it a valid reason to save a child? The justifications referred to here should be limited to the owner's consent or legal justification, such as the case of a search ticket or the rescue action by a firefighter.
However, even if the people's rescue of children is in conformity with the constitutive elements of intrusion into the residence without reason, the kind-hearted people can still block the law in accordance with the provisions of Article 23 of the Criminal Law. Under the right to protect the physical health of neighboring children, it is an effective means to prevent intrusion into the residence of others, and it can be argued that legitimate defenses are illegal.
Private violence is not justice
We can fully understand the anger of the people, especially after seeing the sadomasochic film, it is even more infuriating, but is lynching violence a justice? Just as we are dealing with children quarreling, we will not tell the children that if someone hits you, they should fight back and retaliate against him! There will be law enforcement agencies in order to make the event have a fair third party and come out to preside over justice, just like the role of parents and teachers in child disputes.
If every crime is committed, we can use the lynching directly. Is the legal provision not unique to the law enforcement agencies? Moreover, if we support the use of lynching, if someone just realizes their criminal behavior by giving them a chance to speak out for the weak. Therefore, "French Law" will once again remind the people that no matter what case, do not get out of control because of the momentary emotions, but instead mistakenly touch the law network and make yourself a perpetrator, it is not worth the candle.
Can you grab the family tyrant?
Of course, we must once again condemn the act of domestic violence. It is absolutely inappropriate to beat the child and beat the wife just because the meatballs are not spicy. However, although this fact is in accordance with article 2, paragraph 2, of the Domestic Violence Prevention Act, it should be a crime of domestic violence. If it is a crime of violence against a family, the prosecutor can usually consider the second paragraph of Article 29 of the Domestic Violence Prevention Act. Article 30 and other provisions may implement arrests, and may even appeal to the court for detention after the arrest.
However, because the crime of domestic violence itself does not have a statutory sentence, it is still necessary to return to the criminal law, and this domestic violence father beat the child and the spouse should be the crime of injury in Article 277, item 1 of the Criminal Law, but the crime of injury belongs to the crime of telling the truth. If it is not legally told, the prosecutor is also difficult to prosecute the crime. Therefore, before the beaten child fails to be assisted by others or the spouse fails to make a self-report, it is not easy to investigate through the national prosecutorial system. A criminal act that may be involved in a hot family tyrant, or a procedure for arrest or slamming immediately in accordance with the aforementioned law.
Perhaps in the future revision of the Domestic Violence Prevention Law, it is possible to carefully assess how to deal with more appropriate issues when domestic violence is only involved in telling the crime.
More law exercises article:
[Chen Yuyang's cat abuse case] Is private violence a justice? Beware of serious crimes
The prosecutor is being encircled and the lynching is not allowed!
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肉圓沒有加辣的隱性暴力與顯性暴力【每天都是世界末日】
壹週刊Nextmag
943 人追蹤
壹週刊
2019年1月16日 下午12:32
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網友包圍狠父住處炒辣椒要「請他吃」，警方安撫並收下整鍋現炒的辣椒。圖源：蘋果日報
◎傅紀鋼
日前，新北市蘆洲一名林姓男子，因為兒子買回來的肉圓沒有加辣，讓他當場暴怒，拿啤酒罐狂摑兒子巴掌，妻子上前勸阻時，也遭勒脖拖行。妻子自拍的影片在臉書社團《爆怨公社》曝光後，遭7名網友肉搜出林家住址、前往對林父動用私刑。最後演變成上百網友聚集在林家，炒辣椒要林父吃的場面。
此事一出，不但驚動台灣各界，許多網紅名人紛紛表態譴責之外，立法院副院長蔡其昌、台灣總統蔡英文也為此表態，希望社會各界重視家暴問題，並依《家庭暴力防治法》來防止類似行為。
整件事有一個關鍵，就是暴力的使用。
家暴在台灣，可說司空見慣，三不五時在社會新聞都可見到。大家的反應也都一般般。此次會震驚社會，並驚動台灣總統，純粹只是「暴力的使用原因極為不當」而已。只因「肉圓沒加辣」就痛打小孩，踩到了大眾的痛點。犯了全台灣最不可原諒之錯。除公務人員與社工之外，觀看各界的看法，似乎反對的不是施用暴力的本身，而是「暴力針對的對象與理由」。
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上百網友聚集在家暴父住家前，要求討公道，警方到場戒護預防場面失控。翻攝爆料公社
台灣人最不能忍受的就是「對小孩施暴」，因為小孩子不懂事。至於成年人互相暴力對待，只要理由顯得正當，通常只會說「死好」。這範圍從黑道火拼、廟會陣頭互幹，甚至到丈夫打老婆，只要被打的人違反道德限制，暴力的存在都不是問題。
今天有人犯了酒駕、搶劫、強姦、販毒等，明顯會危害社會的事，網友無不喊打喊殺。用暴力對待犯人理所當然，殺了也是正當。肉圓事件，最經典的看法是網紅館長的意見：「可以揍你嗎？」。私刑的思維普遍存在台灣民間，許多社會新聞的加害者，常被義憤填膺的民眾圍毆。
除了「不爽」之外，更冠冕堂皇的理由是「伸張正義」。因為台灣司法仍存在著不公義的狀況，民眾大多認為正義必須由更大的集體──「社會」來公斷。而執行正義的手段，最好的方式就是殺人。八成以上民眾支持死刑可不是假的，人都可以殺了，痛打一頓、以眼還眼，又算得了什麼？即使受害者與自己無關也無所謂。
當然也有不少知識份子主張，現代社會的進化，必須要防止暴力。這點現代公民絕對都可以認同，沒人希望自己遭受任何形式的暴力。問題是，社會當中除了顯而易見的絕對暴力（大多與刑事罪有關），還存在著隱性的暴力。而隱性暴力，推升了顯性暴力的存在。
隱性暴力從「言語傷害」、「精神傷害」，到各種「歧視」、「資源分配不公」，族繁不及備載。只要是違反公平，而當事人又無法替自己伸張正義（例如種族歧視、低薪、情緒受創），控制得好的人，會寄望國家社會幫忙解決，控制不住的人就使用暴力。台灣刑案八成以上是情緒型犯罪，常一時情緒激動就犯下大錯。
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狠父不堪輿論壓力，出面鞠躬致歉。 圖源：蘋果日報
前些日子，某男子酒後失控，踢死同居人的女兒就是一例。此次肉圓事件也是翻版。而去看施暴者的個別狀態，很容易發現無論貧富，每個施暴者都有壓抑已久的個人困境。但這些困境在他們自己的人生中無法解決，一個不小心失控，就只能透過顯性暴力，去抵抗自己遭受的隱性暴力。
而這些執行言語、行為暴力來制裁林父的網友們，站在維護公理正義的立場，彷彿有絕對的正當性。但反過來說，每一句話、每一個行為，全都在助長隱性暴力的氣焰。
台灣總統蔡英文的臉書發文，呼籲民眾遇到類似事件時，要主動關心鄰居，並通報家暴防治專線。這只是治標，她也沒更好的做法。因為這最多只是要求民眾把「執行暴力」的權力交給公部門而已，完全是官腔的垃圾話。治本的方法，則是要消除人心所感受到的，自己遭受的隱性暴力。
這點很難，全世界的宗教努力了一萬年以上都做不到，自無法要求政府來做。但政府可以做的，首先就是「資源分配力求公平」，先解決勞工過勞與低所得的困境，大眾才有心力去解決個人的情緒問題。也當然這涉及到政黨彼此的利益關係，沒有政治人物會做。
這是個無解的議題，只要有人，就有壓迫，就有爭端。要減少此類事件的發生，比較具體的方式，大概就是鼓勵大家適當的發洩情緒壓力，以及「不要再把自己的價值觀加諸別人身上」。台灣人最可怕的就是「推己及人」，常常都認為別人該照著自己的想法做，所以「打你是為你好，殺你也是為你好」。
為什麼小孩被欺負會犯眾怒，就是因為小孩不被當成人看，每個人都可以把小孩想像為「符合自己價值觀」的東西，所以小孩被打就等於自己被打。說穿了都只是自我投射而已，根本與正義無關，喊打喊殺的大部分都只是求爽而已。
不懂得尊重人，隱性暴力就會持續升高。先懂得尊重別人，社會事件才會減少。
正義是好東西，只是常常被個人拿來當作武器而已。
【以上言論不代表本刊立場】
作者簡介：傅紀鋼，詩人，《前進》文學誌發行人，塔羅牌占卜師。肥宅＋魯蛇＋變態。
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小孩被欺負很容易引起眾怒。 圖源：蘋果日報
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https://tw.news.yahoo.com/【肉圓不加辣】-警察可以把家暴父抓起來嗎？私刑-060056649.html
【肉圓不加辣】 警察可以把家暴父抓起來嗎？私刑正義是正義嗎？
法操觀點
70 人追蹤
政事觀察站2019年1月16日 下午2:00
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圖片來源：取自網路。
文／法操司想傳媒
每當有引起社會公憤的案件時，總是會有一群充滿正義感的民眾，想要給這些加害人一些教訓。殺貓陳皓揚被痛毆、虐死女童姨丈家被砸屋撒冥紙、蛋洗虐嬰幼兒園、痛毆肉圓家暴父等等。但你知道這樣動用私刑，可能要付出什麼樣的代價嗎？
別一時激憤也成施暴者
根據媒體報導，蘆洲一名林姓男子，因為兒子出門買肉圓，卻未加辣，因此痛毆兒子。事情爆發後，網友紛紛肉搜這名林姓男子，查到地址後直接登門拜訪，林男開門後網友進入男子家中，遞辣椒掌摑、痛毆林男。林男只能趕快報警並就醫，在上救護車的路途上，還被民眾拿安全帽毆打。
民眾痛毆、圍毆這樣具有攻擊性的行為，恐怕已是刑法第277條傷害罪的現行犯了，可以處3年以下有期徒刑、拘役或1000元以下罰金。而網友進入林男家中時，也有可能會構成刑法上第306條的無故侵入他人住居罪，處1年以下有期徒刑、拘役或300元以下罰金。
「激於義憤」傷害？
傷害罪和殺人罪一樣，都有在義憤情況下，得減輕的規定。但不論是殺人罪或傷害罪都有「當場」這個要件。當場激於義憤，指的是讓人義憤的事情必須與傷害行為同時存在。在肉圓沒加辣案件中，孩子被打是讓人義憤的事，但當下網友並不在他們家中，後續基於氣憤難忍而傷害，不能構成義憤傷害罪。
救孩子不是正當理由嗎？
無故侵入他人住居的無故，指的是無正當理由。若今天聽到鄰居家孩子被打，哭喊救命，這時候衝進他人家，須要負刑責嗎？「救小孩」不算正當理由嗎？這裡所指的正當理由，應該限於得屋主同意或有法律上的正當理由，例如：有搜索票的情形或消防員依法令的救助行為等。
但即便民眾救助孩童行為符合無故侵入住居的構成要件，善心的民眾，仍可依刑法第23條規定，阻卻違法。在保護鄰居小孩的身體健康權下，採取侵入他人住居阻止，應該是有效的手段，則可以主張正當防衛阻卻違法。
私行暴力絕非正義
我們完全可以理解民眾憤怒的心情，尤其是在看過施虐影片後，更是讓人覺得憤慨，但私刑暴力就是實現正義嗎？就像我們在處理小孩吵架時，我們不會跟孩子說，別人打你就應該自己打回去，報復他！會有執法機關的出現就是為了要讓事件能有公正第三方，出來主持公道，就像小孩爭執中，家長和老師的角色。
如果每件犯罪，我們都可以直接動用私刑，那法律條文跟執法機關不是形同虛設嗎？況且，若我們支持動用私刑，若有人只是藉著為孩童、弱勢發聲的機會，來實現自己的犯罪行為呢？因此，《法操》也要再一次提醒民眾們，無論任何案件，都千萬不要因為一時的情緒失控，反而誤觸法網，使自己也成為施暴者，實在得不償失。
可以把家暴父抓起來嗎？
當然，我們也要再次譴責家暴的行為，僅僅因為肉圓沒加辣就藉故毆打小孩，進而毆打妻子，這樣的行為絕對是不正當的。不過雖然本件事實依家庭暴力防治法第2條第2款應屬家庭暴力罪之範疇，且如是涉犯家庭報暴力罪，檢察官通常可考慮如符家庭暴力防治法第29條第2項、第30條等規定可實施拘提，拘提後甚至可以向法院聲請羈押。
但因為家庭暴力罪本身並無法定刑，還是要回到刑法處理，而本件家暴父親毆打小孩和配偶應該是涉刑法第277條第1項的傷害罪，只是傷害罪屬於告訴乃論之罪，如果未經合法告訴，檢察官也難以追訴犯罪，因此在被毆打的小孩未能經他人協助提出告訴或配偶未能自行提出告訴之前，其實不容易透過國家檢察體系來追究只在乎肉圓有無加辣的家暴父可能涉及的犯罪行為，或是馬上依前述法條進行拘提或聲押的程序。
或許在未來家庭暴力防治法的修法中，可以審慎評估當家庭暴力行為僅涉告訴乃論之罪時，應如何處理較妥適的問題。
更多法操文章：
【陳皓揚虐貓案】私行暴力就是正義嗎？小心成重傷害罪現行犯
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The meatballs have no sexually explicit and explicit violence. Every day is the end of the world.
[壹周刊Nextmag]
壹Weekly Nextmag
943 people track
Weekly magazine
January 16, 2019, 12:32 PM
View photo
The netizen surrounded the uncle's residence and fried peppers to "please ask him to eat." The police appeased and received the whole pot of fried peppers. Source: Apple Daily
◎Fu Jigang
A few days ago, a man named Lin, Luzhou, New Taipei City, because his son bought the meatballs did not add spicy, let him anger on the spot, slap his son with a beer can, his wife went forward to discourage, but also dragged his neck. After the wife’s self-portrait film was exposed in the Facebook Society’s “Bursting Commune”, seven netizens searched for Lin’s address and went to lynching Lin’s father. Finally, it turned into a scene where hundreds of netizens gathered in the Lin family and fried peppers to eat by Lin.
This incident has not only alarmed all walks of life in Taiwan, but many celebrities in the Internet have expressed their condemnation. The Vice President of the Legislative Yuan Cai Qichang and Taiwan’s President Tsai Ing-wen also expressed their views on this issue. I hope that all sectors of the society will pay attention to domestic violence and comply with the Domestic Violence Prevention and Control Act. To prevent similar behavior.
One key to the whole thing is the use of violence.
Domestic violence in Taiwan can be said to be commonplace, and it can be seen in social news at three o'clock. Everyone's reaction is also general. The meeting shocked the society and alerted the President of Taiwan. It was purely that "the reasons for the use of violence were extremely inappropriate." Just because "the meat is not spicy", I beat the children and stepped on the pain points of the public. It is the most unforgivable mistake in Taiwan. Apart from civil servants and social workers, watching the views of various sectors seems to oppose the use of violence itself, but the object and reason for violence.
View photo
Hundreds of netizens gathered at home before the violent father’s home, asking for fairness, and the police came to the scene to prevent the scene from getting out of control. Reversal
The most unbearable thing for Taiwanese is to "spread violence against children" because children are not sensible. As for adults who are violently treating each other, as long as the reasons are justified, they usually only say "good death." This range is from the gangsters, the temples, and even the husband to the wife. As long as the person being beaten violates moral restrictions, the existence of violence is not a problem.
Today, some people have committed drunk driving, robbery, rape, drug trafficking, etc., which will obviously endanger the society. Netizens all yell and kill. Treating prisoners with violence is a matter of course, and killing is justified. The most classic view of the meatball incident is the opinion of the director of the net red: "Can you marry you?". The lynching thinking is widespread among Taiwanese folks, and many of the insurgents of social news are often surrounded by people who are filled with indignation.
In addition to "unhappy", the more solemn reason is "excellence in justice." Because there is still a situation of injustice in Taiwan's judiciary, most people believe that justice must be arbitrarily determined by a larger collective, "society." The best way to implement justice is to kill. More than 80% of the people support the death penalty is not a fake, people can kill, beat a meal, an eye for an eye, what is it? It doesn't matter if the victim has nothing to do with himself.
Of course, there are also many intellectuals who advocate that the evolution of modern society must prevent violence. This modern citizen can definitely agree that no one wants to suffer any form of violence. The problem is that there is hidden violence in the society in addition to the obvious absolute violence (mostly related to criminal offences). And implicit violence has pushed up the existence of explicit violence.
Invisible violence ranges from "speech injury" and "mental injury" to various "discrimination" and "unfair distribution of resources". As long as it is a violation of fairness and the parties are unable to provide justice for themselves (such as racial discrimination, low pay, emotional depression), people with good control will hope that the national society will help solve the problem, and those who cannot control will use violence. More than 80% of Taiwan’s criminal cases are emotional crimes, and they often make big mistakes when they are emotional.
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Uncle is uncomfortable with public opinion pressure and apologizes. Source: Apple Daily
A few days ago, a man lost control after drinking, and the daughter who killed the cohabitation was an example. The meatball incident is also a replica. Looking at the individual state of the perpetrators, it is easy to find that regardless of the rich and the poor, each perpetrator has a long-repressed personal dilemma. But these dilemmas cannot be solved in their own lives. If they accidentally get out of control, they can only resist the hidden violence they have suffered through explicit violence.
These netizens who practice speech and act violence to sanction Lin’s father stand in the position of upholding justice and justice, as if they have absolute legitimacy. But on the other hand, every sentence and every behavior is all contributing to the arrogance of hidden violence.
Taiwan’s President Tsai Ing-wen’s Facebook article issued a message calling on the public to take care of their neighbors when they encounter similar incidents and to inform the domestic violence prevention line. This is just a cure, and she has no better way. Because this is at best only asking the people to hand over the power to "execute violence" to the public sector. It is completely a bureaucratic trash. The cure for the problem is to eliminate the hidden violence that the human heart feels and suffers.
This is very difficult. The religious efforts of the whole world can't be done for more than 10,000 years. It is impossible to ask the government to do it. But what the Government can do is, first of all, "resource allocation and strive for fairness". First, solve the predicament of labor overwork and low income, and the public will have the heart to solve personal emotional problems. Of course, this involves the interests of political parties, and no politicians will do it.
This is an unsolved issue. As long as there are people, there is oppression and there is a dispute. To reduce the occurrence of such incidents, the more specific way is to encourage everyone to properly vent their emotional stress and "don't put their own values on others." The most terrible thing for Taiwanese people is to "push themselves and people." They often think that others should do what they want, so "playing you is good for you, killing you is also good for you."
Why a child is bullied and angered because the child is not seen as an adult. Everyone can think of the child as something that "conforms to their own values," so the child is beaten to be beaten. To put it bluntly, it is only self-projection. It has nothing to do with justice. Most of the shouting and killing is just a matter of seeking happiness.
If you don't know how to respect people, hidden violence will continue to rise. First, knowing how to respect others will reduce social events.
Justice is a good thing, but it is often used by individuals as a weapon.
[The above remarks do not represent the position of this journal]
About the author: Fu Jigang, poet, publisher of "Forward" literature, Tarot divination. Fat house + Lu snake + metamorphosis.
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It is easy for a child to be bullied to cause public outrage. Source: Apple Daily
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[Flesh is not spicy] Can the police arrest the violent father? Is lynching justice just?
Legal opinion
70 people tracking
Political Affairs Observatory, January 16, 2019, 2:00 pm
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Image source: taken from the web.
Text / Law Secretary wants the media
Whenever there are cases that cause public outrage, there will always be a group of people full of justice who want to give some lessons to these perpetrators. Killing the cat Chen Yuyang was bitten, and the girl who was dying of the girl was smashed by the shacks, the eggs were washed, the infants were nursed, and the savage fathers and other violent fathers. But do you know what kind of price you might have to pay for using lynching in this way?
Don’t be angry at the moment
According to media reports, a man named Lin in Luzhou, because his son went out to buy meatballs, but did not add spicy, so he slandered his son. After the incident broke out, netizens rushed to search for the man named Lin. After checking the address, he directly went to visit the door. After Lin Men opened the door, the netizen entered the man's home and handed the pepper to the palm of his hand. Lin Nan can only call the police and seek medical treatment. On the way to the ambulance, he was beaten by the public with a helmet.
The aggressive behavior of the public, such as persecution and encirclement, is probably the current crime of the crime of article 277 of the Criminal Law. It can be sentenced to imprisonment for up to three years, criminal detention or a fine of 1,000 yuan or less. When a netizen enters Lin’s home, it may also constitute the crime of infringement of the residence of another person in Article 306 of the Criminal Law. He is sentenced to one year imprisonment, criminal detention or a fine of 300 yuan or less.
"Infuriating indignation" hurts?
The crime of assault is the same as the crime of murder. But whether it is murder or injury, there is a "on the spot" requirement. On the spot, it is angered by indignation, which means that things that cause indignation must exist at the same time as harm. In the case of the meatballs not being spicy, it is a matter of indignation for the children to be beaten, but the current netizens are not in their homes, and the subsequent injuries based on anger are unbearable and cannot constitute a crime of indignation.
Is it not a valid reason to save a child?
Unreasonable intrusion into the residence of others for no reason means no justification. If you hear the neighbor’s child being beaten today and crying for help, do you have to bear criminal responsibility when you rush into someone else’s home? Isn't it a valid reason to save a child? The justifications referred to here should be limited to the owner's consent or legal justification, such as the case of a search ticket or the rescue action by a firefighter.
However, even if the people's rescue of children is in conformity with the constitutive elements of intrusion into the residence without reason, the kind-hearted people can still block the law in accordance with the provisions of Article 23 of the Criminal Law. Under the right to protect the physical health of neighboring children, it is an effective means to prevent intrusion into the residence of others, and it can be argued that legitimate defenses are illegal.
Private violence is not justice
We can fully understand the anger of the people, especially after seeing the sadomasochic film, it is even more infuriating, but is lynching violence a justice? Just as we are dealing with children quarreling, we will not tell the children that if someone hits you, they should fight back and retaliate against him! There will be law enforcement agencies in order to make the event have a fair third party and come out to preside over justice, just like the role of parents and teachers in child disputes.
If every crime is committed, we can use the lynching directly. Is the legal provision not unique to the law enforcement agencies? Moreover, if we support the use of lynching, if someone just realizes their criminal behavior by giving them a chance to speak out for the weak. Therefore, "French Law" will once again remind the people that no matter what case, do not get out of control because of the momentary emotions, but instead mistakenly touch the law network and make yourself a perpetrator, it is not worth the candle.
Can you grab the family tyrant?
Of course, we must once again condemn the act of domestic violence. It is absolutely inappropriate to beat the child and beat the wife just because the meatballs are not spicy. However, although this fact is in accordance with article 2, paragraph 2, of the Domestic Violence Prevention Act, it should be a crime of domestic violence. If it is a crime of violence against a family, the prosecutor can usually consider the second paragraph of Article 29 of the Domestic Violence Prevention Act. Article 30 and other provisions may implement arrests, and may even appeal to the court for detention after the arrest.
However, because the crime of domestic violence itself does not have a statutory sentence, it is still necessary to return to the criminal law, and this domestic violence father beat the child and the spouse should be the crime of injury in Article 277, item 1 of the Criminal Law, but the crime of injury belongs to the crime of telling the truth. If it is not legally told, the prosecutor is also difficult to prosecute the crime. Therefore, before the beaten child fails to be assisted by others or the spouse fails to make a self-report, it is not easy to investigate through the national prosecutorial system. A criminal act that may be involved in a hot family tyrant, or a procedure for arrest or slamming immediately in accordance with the aforementioned law.
Perhaps in the future revision of the Domestic Violence Prevention Law, it is possible to carefully assess how to deal with more appropriate issues when domestic violence is only involved in telling the crime.
More law exercises article:
[Chen Yuyang's cat abuse case] Is private violence a justice? Beware of serious crimes
The prosecutor is being encircled and the lynching is not allowed!
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