Heilongjiang girls are beaten up: if you do n’t love, please do n’t hurt!
On May 5, Jiansanjiang People's Procuratorate approved the arrest of Qu Mouting and Yu Moulong, suspects of intentional injury and abuse, in the case of Jiansanjiang Pioneer Farm in Heilongjiang Province. At the same time, the Jiansanjiang People's Procuratorate supported the murdered girl's biological mother Zhang Moumou to file a civil suit to change the parental relationship. The case is in the court proceedings.
Signs severely injured second grade, fracture caused by external force, scald on body surface ... The perpetrator was just the closest person around her for the 4-year-old girl Sissi (pseudonym). In response to this distressing incident of family child abuse, this edition of specially invited lawyers conducted a professional interpretation of relevant legal issues.
4-year-old girl was beaten into the hospital and is still in a coma
On April 28, the Weibo topic #Heilongjiang Yumou Longqu certain pavilion abused child # attracted everyone's attention. According to netizens, a 4-year-old girl, Cici, was abused by her biological father, Yumou Long and stepmother Qumouting, resulting in intracranial hemorrhage at the entrepreneurial farm in Jiansanjiang Reclamation District, Heilongjiang Province. Sudden burns on her face were suspected. There are also many wounds on the inside of the lips.
At present, Cici has undergone craniotomy and has not yet awakened. She is still observing in the ICU ward. The attending doctor said that the craniotomy is more successful, but because the child is too young and has malnutrition and anemia, he still needs to continue to observe, and he is still in a comatose state.
When more and more information was disclosed, it was discovered that this was not the first time Sissi was beaten into the hospital. When Sissi, who was beaten and injured, went to the local Fujin Central Hospital for medical treatment on April 8, the hospital's medical staff had already reported to the police once. But the girl ’s father did not admit that the child was injured by the fight, saying that the child injured himself.
Sissi's biological parents divorced in 2018. After her custody was awarded to her father, she has lived with her grandfather in Huachuan County, Jiamusi City. On January 10 this year, her father Yumou Longcai took her to live at the entrepreneurial farm. However, in the past three months of living with her father, she was repeatedly beaten and abused by her father and her cohabiting girlfriend.
According to the police report, Sissi ’s father ’s cohabiting girlfriend, Qu Mouting, was dissatisfied because of her mischief. She repeatedly beat her with fists, scalded with boiling water, and grabbed her hair against the wall. . Yumou Long, who is Sissi's biological father, also beat her daughter with her hand, data cable, and broom while living with her children.
According to the preliminary identification by forensic medicine, Qianqian's subdural hematoma caused by mechanical external force with symptoms and signs of brain compression is classified as serious injury. It is a minor injury due to surface abrasions, skin damage due to bite, body surface scalds, facial soft tissue wounds, and crown fracture of the lower left incisor.
The violent party may be suspected of intentional injury or intentional homicide
Sissi was severely injured by beatings, which attracted the attention of all walks of life for a time, and the legal issues related to child abuse became the focus of public attention again. In this regard, lawyer Yu Han of Beijing Bairui Law Firm made the following interpretation based on the relevant legal issues in this case.
Question 1: What crimes does Sissi ’s father ’s cohabiting girlfriend involve?
Lawyer Yu Han: The perpetrator of this case Qu Mouting's violence against Sissi not only violated the law, but also a criminal act. According to different circumstances, it may involve "crime of abuse", "crime of ill-treatment of guardians", "crime of intentional injury" and even "criminal of intentional homicide".
In addition, this case is not different because the victim and the victim have a step-parent relationship. In China's "Marriage Law" and "Inheritance Law", the right to treat children, stepchildren, dependent children, children born out of wedlock, and children born out of wedlock without discrimination should be fully protected by law. However, the traditional concepts of "filial piety under the stick" and "do not fight hard to become a talent" cannot make the perpetrators escape legal responsibility.
Question 2: Many netizens are concerned, how should the behavior of Qu Mouting and Yu Moulong be determined in this case?
Lawyer Yu Han: Many netizens first thought of the crime of abuse. In fact, the crime of ill-treatment and the crime of ill-treatment of guardians and caregivers are two different crimes, because the victim in this case is a minor, and the perpetrator is a person who has guardianship duties against it, so it is more in line with the crime of ill-treatment of guardians. Elements of the crime. However, if the perpetrator in this case knows that it will cause physical harm or even deprive the victim of life, and deliberately take violent injury and killing behavior against the guardian, it may also be recognized as "intentional injury" or even "intentional murder".
In addition, the crime of abuse is a crime of personal prosecution. What is a crime of personal prosecution is a crime that requires the accusation of the victim or another individual with the right to tell as a necessary condition. Even if the victim chooses not to tell, the judicial organ even knows the fact of the violation. It cannot be actively processed. In China's criminal law, there are four crimes of personal prosecution, namely, "insult and defamation", "violent interference in marriage freedom", "ill-treatment crime" and "encroachment crime".
Why is it necessary to prosecute? According to the general theory, the crime of personal prosecution is generally a crime that is socially harmful and does not cause much harm to public interests, and it is relatively vague in the boundaries of civil torts and criminal offenses. In order to protect the privacy and honor of the victims during legislation, it is also to reflect the criminal law Humility, and set the crime of personal prosecution.
But the crime of prosecution is not without any remedy. The law also stipulates that if the victim cannot be told because of coercion or intimidation, the people ’s procuratorate and the close relatives of the victim can also tell.
Question 3: How to distinguish between "abuse" and "intentional injury"?
Lawyer Yu Han: This requires a comprehensive judgment from the subjective mentality, the methods and methods of violence implemented, and whether the consequences of the victim ’s casualties are immediate or direct. For the perpetrator's physical and mental pain in pursuit of the victim, and long-term or repeated abuses that gradually cause the victim's physical damage, it is generally regarded as "abuse", and if it is for the purpose of directly causing the victim's physical harm or intention The act of depriving the victim of life shall be determined as "intentional injury" or "intentional killing".
In fact, in ill-treatment cases, the behaviors performed by the perpetrators usually have a more complicated competing relationship, that is, the harm behavior is often included in the ill-treatment behavior. This kind of behavior violates the legal interests protected by multiple criminal laws at the same time. A heavier crime is determined and punished, rather than a combination of multiple crimes.
Question 4: What behaviors do parents commit to children are child abuse?
Lawyer Yu Han: Actually, not only is the case of parental abuse of children, according to the law, all family members who live together often use physical, mental, physical and mental methods such as swearing, freezing, tying, excessive physical labor, and insulting personality. Those who are persecuted, tortured and tortured are all abusive.
There is a clear line between abuse and occasional beatings and occasional corporal punishment. Abuse is often carried out often or consistently, with relative continuity.
Question 5: In the face of parental abuse, how should minors protect themselves?
Lawyer Yu Han: As we all know, the life experience and social experience of minors are extremely lacking. If we blindly ask the minors how to protect themselves, it may be difficult for some strong people. Therefore, our entire society should pay attention to the safety education and protection of minors, including our schools, our hospitals, our communities, village and town collectives, and even each of our citizens. Report to the local public security organ or the Women ’s Federation in a timely manner. This is not only a moral concern, but also a right granted by law.
The Supreme People ’s Court, the Supreme People ’s Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs clearly state in Article 1 of the “Opinions on Handling Guardians’ Infringement of Minor ’s Rights and Interests in accordance with Law ”that“ any organization or individual has the right to dissuade guardianship violations. , Stop or report ".
In fact, China ’s “Law on the Protection of Minors” has been promulgated and implemented since 1991, and was revised twice in 2006 and 2012, respectively. The protection of minors from the legislative level can be said to be adequate, but Why is this kind of ill-treatment of guardian still repeated?
Traditionally speaking, among the ancient Chinese cultural concepts, there existed the ideas of "parents, fathers, sons, and sons" and "parental authority", and their influence is more entrenched. From the perspective of our law enforcement, the concept of "clearing officials is difficult to break down housework" It is also difficult to eliminate completely, so many people, even a small number of law enforcement agency staff, still have the concept of "parents hitting children is a means of education and housework". Therefore, our grass-roots law enforcement agencies and the staff of the Women ’s Federation must also pay attention to similar things, and must not be dismissed on the grounds of family disputes, because this is the protection of the next generation of our nation and our country.
Question 6: What other remedies are available for cases involving similar minors being infringed by guardians?
Lawyer Yu Han: Article 36 of the General Rules of Civil Law and Article 53 of the Law on the Protection of Minors of the People ’s Republic of China stipulates that guardians fail to perform guardianship duties, damage the guardian ’s physical and mental health or infringe upon the guardian ’s legal rights and interests The people's court may revoke the qualifications of its guardian based on the application of the relevant personnel or unit and designate another guardian according to law. The guardian whose guardianship qualification has been revoked shall continue to bear the maintenance expenses according to law.
Therefore, the people ’s court may revoke the guardianship of a parent or other guardian based on the application of a specific subject. “Specific subject” here refers to other persons who are legally qualified for guardianship, residents ’committees, village committees, schools, medical institutions, women ’s associations , Disabled Persons ’Federation, Minors Protection Organization, Elderly Organization established according to law, Civil Affairs Department, etc.
After the court revokes the guardianship, it will designate a new guardian. The court appoints a guardian among those who are qualified for guardianship in accordance with the law, respecting the true will of the guardian based on the principle most beneficial to the guardian.
However, in the course of practice, due to the lack of supporting systems, the residents committee and other related units often lack practical operability as guardians. Therefore, if the guardianship of the guardian must be denied, the court will usually choose the appropriate guardian among the children ’s relatives as much as possible.
Text / Wang Jing