The founder of Yuzhang Academy was convicted, drawing a judicial red line for "corrective education"
Talk about Fengsheng
Wu Junbao was held criminally responsible and was not wronged at all.
The mallet raised in the "Yuzhang Academy Case" finally landed.
According to the Beijing News, on July 7, the "Yuzhang Academy Case" was sentenced in Nanchang, Jiangxi Province. Wu Junbao and five others were found guilty of unlawful detention. Wu Junbao was sentenced to two years and 10 months in first instance, and principal Ren Weiqiang was sentenced to fixed term. Two years and seven months, two instructors were sentenced to fixed-term imprisonment, and one was exempted from criminal punishment. In addition, the court dismissed the claims of Luo Wei, Zhou Yubo and Chen Shiyao, former students of the plaintiff Yuzhang Academy with incidental civil action.
The establishment of a "small black house" in the school often puts freshmen into the "black house" for seven days in confinement. Judging from the length of illegal deprivation of students' personal freedom, it has exceeded the "red line" of some judicial interpretations. Wu Junbao was held criminally responsible and was not wronged at all.
According to the Opinions on Several Issues Concerning the Handling of Criminal Cases Concerning the Implementation of "Soft Violence" by the Two High Schools and the People's Republic of China, illegally detaining others for more than three times, each lasting more than four hours, or accumulating illegally for more than twelve hours, It should be convicted and punished with the crime of illegal detention. What's more, the case also includes "pick clothes", "pull dragon whip", "beat the ruler" and other beatings and insults, and should be punished severely according to law.
Although Wu Junbao and others claimed that they were actually carrying out the so-called "Morita Therapy" to carry out psychological treatment and mental disorder treatment activities, but in essence, this special medical treatment is just a guise. One of the most basic medical common sense is that the vast majority of medical activities, including true "Morita Therapy", must be based on my own willingness, and the practice of Yuzhang Academy completely violates my will and deliberately deprives others. Freedom should be characterized as illegal detention from the criminal law.
Perhaps, there will be some "parental acquiescence" to the brutal practice of "Yuzhang Academy", but this kind of guardian's "draining water" does not allow a "criminal exemption" to be obtained for illegal crimes. In general, the judgment of the "Yuzhang Academy" case gave the victim individual justice, and the case of the case jumped out of the case. The "Yuzhang Academy" case is not without warning and educational significance.
Today, the phenomenon of problematic youth is getting more and more serious. The "Yuzhang Academy" case referred to by Qianfu may only be a microcosm of the current frustration of corrective education. In order to let the problematic teenagers “turn back to the shore”, some parents who are desperate and unable to do anything, put their hopes on “special means”, and this magnified anxiety and blind choice also provide some illegal institutions and individuals with a wealth of business opportunities ".
These so-called educational institutions claim to have a "magical effect" of correcting "unintentional learning, Internet addiction disorder, and love to fight", but they are actually lawless "disciplinary" models, which not only exceed the scope of legal education qualifications, but also adopt The violent means is more than just letting the child "jump into the fire pit". Relevant departments should promptly check out the dark admonishment centers like "Yuzhang Academy". Once they discover signs of lawlessness, they must be decisively banned.
"Yuzhang Academy" was torn off the undressed camouflage clothes, and also drawn a clearly distinguishable judicial boundary between "sin" and "non-crime". The inspiration for this case is: to save the problematic youth, the name of love is not enough, and the rule of law must be escorted. We are happy to see more "Yuzhang Academy" fall, in exchange for more young people being rescued.
□Ouyang Chenyu (Legal Scholar)