Grandfather Kills Grandson’s Kidnapper, Must Pay Compensation

Huang Guang, a grandfather who beat to death his grandson's kidnapper.

Huang Guang, a grandfather who beat to death his grandson's kidnapper.

From NetEase:

Grandfather Beats Human Trafficker to Death for Kidnapping Grandson, Is Sentenced to 8 Years and Must Pay 50,000 in Compensation

ChinaCourt.org report — With his grandson having been abducted, an angry grandfather chased down a human trafficker and accidentally beat him to death. As detestable as a human trafficker is, our country is a country of laws, and there must be an appropriate punishment by the state, as no one may unlawfully deprive anyone else of their right to life. Recently, the Guangxi Zhuang autonomous region People’s Court made a judgement in this dispute over the rights to one’s life, health, and body, having defendant Huang Guang pay 58,757.50 yuan in compensation to plaintiff Li Huahua.

On the morning of 2012 July 22, victim Li Zhong kidnapped defendant Huang Guang’s grandson Huang Binbin from the defendant’s home. At around 1pm midday, after noticing that his grandson Huang Binbin had disappeared, defendant Huang Guang began searching everywhere. At around 6pm in the afternoon, defendant Huang Guang discovered that Li Zhong was taking Huang Binbin towards Zhelang town on a motorcycle, immediately confronted Li Zhong, and Li Zhong admitted that he had kidnapped Huang Binbin. Defendant Huang Guang, in his rage, began beating Li Zhong, then took a strap from Wang Zhihua’s motorcycle to tie Li Zhong’s hands behind his back preventing him from leaving. At 21:38, when Li Zhong was brought into the Xinzhou town police station in a life-threatening condition. He was taken to the hospital for emergency care but died despite efforts. The medical examiner determined that Li Zhong died from hemorrhagic shock caused by external blows rupturing the liver, spleen, and kidneys. On 2013 April 26, the Longlin various ethnic groups autonomous region People’s Court made a criminal judgement, ruling that defendant Huang Guang had committed the crime of causing intentional injury and shall be sentenced to a limited term of imprisonment of eight years.

After hearing the case, the court believes: A citizen’s right to life and health is protected by the law. Those who violate a citizen’s body causing death ought to pay expenses such as funeral expenses and death compensation. After the victim’s death, his close relatives have the right to assert their claims for compensation. Defendant Huang Guang had deliberately and illegally harmed another person’s body and healthy, which was the direct cause of Li Zhong’s death, so as the defendant bears criminal liability, he also bears civil compensation liability. However, it was because Li Zhong kidnapped defendant Huang Guang’s grandson Huang Binbin from the defendant’s home and confessed to kidnapping Huang Binbin after being intercepted by the defendant that resulted in the damage of being beaten to death by the defendant occurred. Since the damages suffered were instigated by Li Zhong kidnapping the defendant Huang Guang’s grandson Huang Binbin, Li Zhong bears fault in the occurrence of damages. The court determined that defendant Huang Guang shall be held liable for 60% of the damages, while Li Zhong himself shall bear 40% of the liability. With the aforementioned judgement, defendant Huang Guang must pay plaintiff Li Huahua (Li Zhong’s mother) 58,757.50 yuan RMB in compensation.

Comments from NetEase:

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风毒翩翩 [一步成诗]:

Beating to death a human trafficker should not be a crime, and should be rewarded.

一家独大阻碍人类文明进步 [网易福建省漳州市网友]:

The cost of committing crimes is too low, insufficient for deter human trafficking.

呀哑吖呸 [网易江西省新余市网友]:

When the police do not do their duty, the ordinary common people can only resort to protecting themselves, so where is the wrong in this?

静夜梦醒 [网易陕西省西安市网友]:

The human trafficker’s punishment fit the crime! Those who abduct and sell women and children, who molest children, they do not live up to being a human and so naturally cannot enjoy the rights of ordinary people!

红軍 [网易广东省惠州市网友]:

Trafficking in people, shouldn’t he be beaten to death anyway?

网易北京市网友 ip:114.248.*.*

Emotionally, I suppose this grandpa. I hope he is lightly sentenced, and given a suspended sentence.

天一哥00 [网易广东省深圳市南山区网友]:

The law has not settled this debt properly. The person below, come explain why.

网易江苏省手机网友 ip:183.207.*.*

Protecting bad guys, hehe.

网易浙江省温州市手机网友 [不网购喝山泉自带发电机]:

This piece of garbage judge, may generations and generations of your family’s sons and grandsons be abducted to be prostitutes.

网易江苏省南通市手机网友 [hzq7337565]: (responding to above)

Yes!!! This must be ding‘d!

蛋子爆疼 [网易安徽省合肥市手机网友]: (responding to above)

This kind of judge is still going to have sons and grandsons? He’s definitely going to be the last of his line and without descendents.

Written by Fauna

Fauna is a mysterious young Shanghainese girl who lives in the only place a Shanghainese person would ever want to live: Shanghai. In mid-2008, she started chinaSMACK to combine her hobby of browsing Chinese internet forums with her goal of improving her English. Through her tireless translation of popular Chinese internet news and phenomenon, her English has apparently gotten dramatically better. At least, reading and writing-wise. Unfortunately, she's still not confident enough to have written this bio, about herself, by herself.

  • jeffli

    kill all child traffickers!

    • lacompacida

      No. Just their kids and descendants. I know. I know. I am too thorough.

  • Teacher in China

    I sympathize with the grandpa, and I can’t say that I wouldn’t have done the same thing in his situation, but….well, you can’t just go around beating people to death.

    • Rick in China

      Yeah – the tough part of this story is 8 years….that’s fucked. If he has a history of assault or a spotty criminal record – maybe it’s justified..but 8 years if this is his only offense, the purpose of jailing should not just be punishment, but largely public safety — ie remove dangerous elements from society, but in this case I can’t see how grandpa is dangerous to others (unless he has a record, of course). Sad day.

      • Janus

        the dangerous element here is the grandpa loosing his shit and going postal, as well as setting a precedent that people could just take the law into their own hands if the situation is ‘justified’. Granted it was in defence of his grandson, but you could reasonably argue his first priority would be to ensure the safety of his child rather than meting out lethal force to the criminal perpetrator.

        His subsequent physical assault implies a degree of rage and desire for vengeance which would be illegal under any legal system. Who’s to say that he won’t act out like this again even if his life or that of his family are not on the line?

        Perhaps in another country, his sentence would be a bit lighter with a combination of anger management and physiological counselling, but certainly not released without any consequences.

        • Rick in China

          “would be to ensure the safety of his child”

          Um, how do you propose one defends their kidnapped grandchild from a kidnapper, without any physicality? Asking? Yelling? Calling names? “Please give me back my grandson, human trafficker, please.” The guy was escaping on his motorbike with the guy’s grandson, PLEASE tell me how to protect the kid without any physical violence.

          “His subsequent physical assault implies a degree of rage and desire for vengeance”

          Hardly. His subsequent physical assault implies a degree of self-defence (in terms of protecting his/his grandson’s life from a MUCH younger serious criminal, a human trafficker) the person of which was obviously far younger than he was, someone who in a fighting situation people would likely bet on over a GRANDPA, no? His assault wasn’t necessarily anything to do with RAGE or VENGEANCE, but protection from one of the worst elements of humanity in the world – an admitted human trafficker who could, as a result of his occupation, obviously attaches zero value (well, not zero, maybe a few thousand RMB) to others’ lives.

          “but certainly not released without any consequences.”

          Did I ever say there should be no consequence? In many countries, a typical sentence for this type of behaviour… IF he had no record whatsoever, could be a suspended sentencing, or probation. It could easily be argued a case of self-defence, or in the worst case scenario, a crime of passion, temporary insanity caused by someone admittedly stealing his fucking grandson, or any numerous types of defences leading to a result other than “murder, 8 years”, resulting in FAR less punishment. Do you SERIOUSLY think this guy deserves 8 years in prison for beating a guy who kidnapped his grandson? Just because he ‘happened’ to beat him to the point where he died doesn’t mean he intended to murder the guy — he intended to stop him from escaping after committing one of the most evil acts a person can do, and tied him up so the police could arrest him and he couldn’t continue to do that shit.

          • xiaode

            100% agree! (even they didn´t said 8 years for murder; but 8 years for this is crazy / fucked up anyway!)

  • AbC

    Agree with most of the comments. Human traffickers should not be treated as human beings and does not deserve any protection from the Law. As a parent, there is nothing worse than having your child taken away from you and not knowing their fate. I can’t say I won’t do the same in the situation. Hope someone starts a rally/partition to free the grandfather.

  • Rick in China

    “our country is a country of laws”

    Sure is!

    “The court determined that defendant Huang Guang shall be held liable for 60% of the damages, while Li Zhong himself shall bear 40% of the liability. With the aforementioned judgement, defendant Huang Guang must pay plaintiff Li Huahua (Li Zhong’s mother) 58,757.50 yuan RMB in compensation.”

    So can Huang Guang’s family sue the mother for the attempted kidnapping and mental trauma caused to the son and the family? Also, is the cost of the trafficker’s life determined against the life of an average person, or the cost he sells people for? Surely he sells other people for far less — his own ilfe should be worth less than his own rate for others.

    • Amused

      “our country is a country of laws”

      It’s amazing they can maintain straight faces when they say shit like this. They must have some sort of top-secret-ninja-type school they send these guys to so they can accomplish the task without cracking a grin.

    • lacompacida

      It surely is a counry of laws. Whatever law that benefits the authority of the day on the day the law is applied will be applied relentlessly.

      • Hmmm does Guang Hua Hua or Li Tianyi think that too?

    • Lord Blech

      As soon as I read that sentence in the story, I couldn’t read on.

      Law in China serves two purposes

      1) To serve and protect the government
      2) To compensate people who can prove they’ve been wronged, which is done to give the illusion of law to keep the people at bay, which serves to… wait for it… serve and protect the government.

      One only needs to go ANYWHERE in China, walk for five minutes with their eyes open and it becomes really apparent that law enforcement is lacking in a big way.

  • China, Of all the things to be “politically correct” about, this “ain’t” it.
    The guy resisted being taken into custody and died as a result of his injuries, case closed.

    • mr.wiener

      Too bad they couldn’t get a sympathetic cop to coach him with a good story.

    • Stefan

      Why should a country be politically correct at all?

      • Jahar

        He didn’t say, nor imply, that a country should be politically correct, but to say why should a country be somewhat politically correct is something you should be able to figure out easily enough.

    • Dick Leigh

      Ehhh. It’s a grey issue, not black or white. In Canada there was a store owner that tied up a repeat robber and was himself arrested for forceful confinement. He was eventually found not guilty but I’m sure if the owner had ended up accidentally killing the robber, the case would’ve turned out differently.

      • Haha, I know what you’re referring to. You’re referring to the China Town incident. But theft is different from kidnapping/selling a person.

        Theft does not endanger a person’s life or removes a person’s right to live freely. Kidnapping a person and selling the person to god knows what (slavery, underground porn industry, etc), completely endangers a person’s life and his/her right to live freely.

        Theft = human rights still retained
        Kidnapping/Selling humans = human rights violated!

        Kidnapping/selling humans is the same thing as raping a child. The criminal deserves death whether it’s accidental or intentional.

        • Dick Leigh

          Death is quick of a way out of avoiding justice. I’m actually opposed to capital punishment, no matter what the crime is because it’s a greater shame for a family’s son to still be living and serving a jail sentence for a horrible crime than it is for that same son to be long dead and forgotten.

          Not to mention, serving a prison sentence for child rape (and surviving the ensuing prison gang rapes) is a far greater punishment than getting killed quickly and painlessly.

          If the child-trafficker had survived, I’m sure the police and the prison system would’ve treated him like the scum he is. Chinese prisons aren’t exactly 5-star hotels (I just hope the same police and prison system view the grandpa in a different light >< ).

  • mr.wiener

    I would guess that this fellas’s cost will probably be paid , with an handsome surplus, by a groundswell of pissed off Chinese.
    The law is an ass , and in this case is seen to be such. All I want to know is did he get his grandson back? If such is the case this man can go to jail (and the grave) a happy man.
    Edit: just reread the story and saw that he caught the kidnapping prick in the act with his grandchild… justice is served. Rot in hell lowlife.
    Grandpa…respect.

    • NeverMind

      A man who kidnaps a child is already in hell. I would really like to contribute to the fund to free the grandpa. If I were him I might do the same, if not much more. Bravo.

      • aasdf34sdf

        That’s only if you believe in an afterlife…

        For others, justice can only happen among the living.

  • Amused

    Bizarre. My money is on the deceased douchebag’s mom having blown the judge.

    • firebert5

      Or the judge was the deceased’s client.

      • Amused

        “How dare you beat him to death before he could deliver my new kidney! Now I’m out 4,000 yuan!”

      • lacompacida

        His real dad.

  • Lei Feng’s Hat

    First, full respect to Granddad for hunting down the kidnapper and then dealing out the precision death blows.

    Second, in China, there’s no place for restraining/subduing/beating up/or having a good old fashion fist fight. It will always end in pathetic multi-generational compensation – or worse – as in this case.

    If you’re going to fight, go all the way, and kill. And if you’re going to kill, go all the way and dispose of the body. Or, at least just leave it in the street to rot as grandfather should have done.

    Never go to the police to tell your sad story.

  • ClausRasmussen

    From the post

    >> be sentenced to a limited term of imprisonment of eight years

    What is a “limited term of imprisonment” ?

    • jin

      maybe maximum of 8 years with a chance on parole?

    • AbC

      I am guessing anything other than life (unlimited term) would be a limited term imprisonment.

  • lacompacida

    He should be charged with non-cooperation as well.

  • jin

    I wonder if Tom Cruise is the main actor in this movie, because saying “our country is a country of laws” with a straight face sure seems impossible to me.

  • AbC

    I am not defending the often corrupt Chinese justice system… But say if this same incident happened in US, Canada, UK etc, and it went before a court, would this grandpa still be convicted of grievous bodily harm causing death? The sensible thing is for the investigating officer to invent a new story… but that doesn’t always happen.

    • jin

      yes and this is how it should end, even if what he did was for his grandson, he shouldn’t have gone that far. In Europe or USA he would also get a prison sentence.

      • Rick in China

        It’s really impossible to tell ‘how far’ he went. During fights – people can die simply because of absolutely unlucky circumstance, it’s not always due to extremely excessive abuse..for example, one might say – in an order to free your abducted child from a human trafficker, as a grandpa, it may be appropriate to hit the guy 3 times. If one of those hits happens to land in the right spot, or the guy ends up falling on the wrong object, he may die. But it was only 3 strikes. If it were another 3 strikes, he may also have been fully capable of fighting back and killing grandpa, re-stealing the child. Whose to say?

        Putting a “shouldn’t have” on a situation like this without true details is simply an invalid position.

        • jin

          Defendant Huang Guang, in his rage, began beating Li Zhong, then took a strap from Wang Zhihua’s motorcycle to tie Li Zhong’s hands behind his back preventing him from leaving. At 21:38, when Li Zhong was brought into the Xinzhou town police station in a life-threatening condition. He was taken to the hospital for emergency care but died despite efforts. The medical examiner determined that Li Zhong died from hemorrhagic shock caused by external blows rupturing the liver, spleen, and kidneys. 

          Definitely more than 3 hits, unless this grandpa is a martial art master. Unless this old man got very lucky and managed to rupture his liver, spleen and kidneys! He sure is strong to manage all that for a old man.

          He went too far, the end.

          • Rick in China

            In your opinion.

            Not in mine.

          • jin

            How hard do you have to hit someone to rupture their organs? It definitely isn’t possible with a punch from a old man, probably kicked.

          • David

            Organs can certainly be ruptured from a punch, even by an old man. Also he might have fallen on the motorcycle when the old guy took him down (or the police might have had a few wacks at the scumbag while waiting for the hospital). There is no way to know. However, if the old man tied him up and took him to the police (instead of the river) obviously his intention was to subdue and capture the guy to stand trial, he did not beat the man until he died, he died hours later.

          • Jahar

            There could also be some info left out. If i was a cop involved, I wouldn’t be so gentle with the culprit, nor would i be in a hurry to check his injuries, or get him to a hospital. And im sure many cops would do the same.

    • donscarletti

      It depends. Certainly there could not be a wrongful death suit and therefore compensation because of the “clean hands doctrine”. You cannot sue for damages incurred in the process of committing a crime.

      As for criminal culpability, it comes down to “reasonable force”. Reasonable force in preventing an abduction is lethal force, but if the assailant is incapacitated already, any force used to attack them is excessive. Mind you, judges rarely convict citizens for killing or maiming assailants in the act of committing a serious crime, what they don’t like is when citizens track down and punish them after the fact.

      • Dax

        Great analysis.

      • AbC

        Completely agree with you in regards to civil liability. The fact that the deceased was incapacitated (hands tied) at the time would suggest that the act was not in preventing the abduction but rather retaliation in a fit of rage. Any reasonable DA should refuse to prosecute given the circumstances. But if it goes to trial in a court, chances are that the poor grandpa would be convicted in most countries. A suspended sentence would have been more fitting.

        • Rick in China

          “was incapacitated (hands tied) at the time would suggest that the act was not in preventing the abduction but rather retaliation in a fit of rage.”

          No, I think you’re getting the story (as is, anyways) wrong. This text:

          “Defendant Huang Guang, in his rage, began beating Li Zhong, then took a strap from Wang Zhihua’s motorcycle to tie Li Zhong’s hands behind his back preventing him from leaving. At 21:38, when Li Zhong was brought into the Xinzhou town police station in a life-threatening condition.”

          The order of events, according to the story, is that he was first beaten in effort to free his grandson, then tied up to prevent his escaping, then brought in to the police station. There is no indication that, once incapacitated, any further beating continued.

          • AbC

            I think I might have assumed too much and jumped to my own conclusion. The problem with the news article is that it leaves out a lot of detail. The granddad finds and confronts the kidnapper at 6pm. I don’t believe the altercation would have lasted for more than 1/2 an hour unless it’s one of those epic battles you see on Chinese dramas. As for what happened between subduing the kidnapper close to 6pm and 9:38pm is not mentioned. I know what I’d do to a child trafficker who kidnapped my kid though…

    • FYIADragoon

      I would say the real issue is that the grandfather didn’t have a capable lawyer. donscarletti’s analysis is correct.

  • Godslayer

    Where is the evidence that the man kidnapped his grandson?

    This same judgement would be given in the USA, and any other reasonable country.

    Vigilantism is illegal in every country!

    These comments by chinese commentators show that many of them are not capable of recognizing rule of law. And why a democratic China would quickly resemble something similar to Africa.

    Citizens are NOT supposed to go around killing people because they might be criminals.

    The purpose of the Law, is NOT to punish criminals, the purpose of the law is to make society better.

    Which is why masskillers in Sweden are allowed to go free after several years in jail.

    Just because by breaking the law I ended up doing something good doesn’t mean that I am suddenly off the hook.

    If I buy a gun and rob a store and suddenly a mass murderer runs past me and I shoot him and drop the money saving the lives of many people. That doesn’t change the fact that I ROBBED A BANK.

    The bottomline is that this “grandpa” brutally went and murdered a random person who just happened to be a kidnapper.

    We don’t have any evidence that the so called kidnapper confessed that he stole the chiild.

    If he got off scotfree, That means I CAN KILL ANYONE and simply tell the police that my son was kidnapped and that he admitted it before I killed him!

  • Janus

    I wonder what the verdict would be for the Grandpa if it was any other country and a different legal system. Maybe in certain states in the US with ‘stand your ground’ provisions, he may be able to get away with it, but certainly in most common law countries, a similar verdict would be passed as its highly unlikely the grandpa would have fulfilled his ‘duty of care’ nor ‘reasonable force’ while confronting the kidnapper.

    the only environment where the grandpa would get away scot free is if does not have a proper legal system, ironic given how many people here are using this as an example of Chinese law being crook

  • narsfweasels

    “As detestable as a human trafficker is, our country is a country of laws,”

    Hahahahahaha!

    ” A citizen’s right to life and health is protected by the law.”

    Hahahaahahahahahahahahahaha! Dude, stop it please, my sides are close to bursting point!

  • 9999

    “as no one may unlawfully deprive anyone else of their right to life” Don’t make me laugh. When a dog bites someone to protect their owner or they got provocated you make them sleep forever but to prevent an asshole like the kidnapper to commit a crime again it’s wrong to do so? tch

  • xiaode

    This grandpa earned my respect! Hunting down (and killing) the guy who kidnapped his grandson… well done!
    Seriously… if some scumbag would try to do this with my child… I would rip him into pieces… he only could dream of being quickly beaten to death… the movie “Hostel” would look like a children´s film compare to what I would do with such person!

    “our country is a country of laws”… sure China, you have proven this already so many times!
    100 RMB into the pot: the child kidnappers gang hands in big hongbao´s to the local police and judge for protection… who want´s to bed against this?

  • I will find you, and I will kill you.

  • Some guy

    I hate the fact that the old man has to do time for killing a piece of shit but that’s the law I suppose, it would probably be the same result in most countries.

    What I don’t understand and I think is really unfair though is making him pay compensation to the guy’s family. What is it for? Lost earnings? The family is deprived of the income from selling kids so they should be compensated?

    Even losing a son.. he died as a result of his disgusting, illegal job. I don’t see how that should be anyone else’s problem.

  • Blue

    Grandpa caught the guy at around 6pm, but didn’t hand him over till nearly half 9. It looks like he spent 3 hours going to town on the guy first. This wasn’t just a quick beating that went awry. It seems to be a calculated torture session of revenge

    • AbC

      And good on him I say. He probably already knew the consequences but did it anyway. He contacted the police and told them the story, full of pride and nothing to hide. Thumbs up for the grandpa.

  • AbC

    Discouraging regular people from taking the law into their own hands was exactly their aim…

  • Jahar

    I’m guessing he thinks it was worth it. I sure would.

  • SongYii
  • JayJay

    I don’t know who you are. I don’t know what you want. If you are looking for ransom, I can tell you I don’t have money. But what I do have are a very particular set of skills; skills I have acquired over a very long career. Skills that make me a nightmare for people like you. If you let my grandson go now, that’ll be the end of it. I will not look for you, I will not pursue you. But if you don’t, I will look for you, I will find you, and I will kill you.

    • Alex Dương

      Good luck.

      • JayJay

        not sure if it is luck. the granddad is serving 8 years. That’s what would’ve happened to Liam Neeson?

        • Boris

          Liam(‘s character from Taken) wouldn’t have tied up the bloke and taken him the police station only to get done for murder. He’d kill the bastard and make sure no one found the body.

  • Foreign Devil

    seeing that the law is ineffective.. if anyone tried to kidnap my kid in CHina I’ll try to do the same as this grandfather did.

  • JayJay

    Not entirely sure about the lengths of sentence. But generally agree re the civil claims.

  • takasar1

    would this not have been the case in most other countries…?

  • ptptp

    The family of the kidnapper has no shame. He was killed during the commission of a crime. They should pay for all the expenses themselves quietly.

  • Batman

    The thing is, the countries that practice law in the way that Godslayer described typically have very low crime and recidivism rates. This idea that law should punish people does very little to improve society or make it safer.

  • don mario

    “our country is a country of laws”

    well that’s news to me..

  • Godslayer

    You are a policeman investigating a murder

    Witnesses say some grandfather brutally beat this man to death

    You arrest the grandfather and he says some crazy story about this man kidnapping his grandson and him getting revenge.

    Man most of china is full of idiots, no wonder they don’t allow chinese onto juries.

    Since any idiot can kill anyone and claim that they killed a criminal who stole from them without any evidence.

  • Dr Sun

    TIC

  • Croid

    dass sum boosheeut!!!!! da criminals parents should be held responsible by failin to raise a proper citizen. dey should pay any fines an serve any time …… nomesane