Chinanews.com, Qinzhou, December 28th, title: "Passion fruit girl" murder case is retrial and sentenced to death, the girl’s mother "recovered justice for her daughter"
Author Yang Chendi Li Qiang
"(Law) finally gave my daughter fairness!" After more than two years, the 51-year-old Chen Liyan was not absent for the justice of Night Hope.
At 9 o'clock in the morning on the 28th, the murder case of the "passion fruit girl" (ie the rape and murder of a 10-year-old girl Xiaoyanzi), which has attracted much attention from the society, was publicly pronounced at the People's Court of Lingshan County, Qinzhou City, Guangxi. , Deprived of political rights for life, and reported to the Supreme People’s Court for approval.
On the same day, Chen Liyan, who got up at 5 am, accompanied by many family members, arrived at the gate of Lingshan County People's Court at about 8 am.
In an interview with a reporter from Chinanews.com, Chen Liyan said frankly that he was both looking forward to and afraid.
"I believe the law will give my daughter justice."
At the court hearing, Chen Liyan bowed her head and wiped tears from time to time until the sentence was completed. With the support of her family, she walked out of the court gate, crying.
"We will let Xiao Yanzi into the soil as soon as possible, and no longer let her lie in the cold funeral home. She has been there for two years."
The picture shows the People's Court of Lingshan County, Guangxi.
Photo by Zhai Liqiang
10-year-old girl dies in poverty in mountain family
Little Swallow’s home is located in Bantuxia Village, Pingxin Village Committee, Berao Town, Lingshan County. Because his father died young, his mother Chen Liyan grew up by planting fruit trees, doing odd jobs, and receiving subsistence allowances to raise four daughters and one son. A family of six originally lived in two old houses. One of the houses is a dilapidated house.
On October 4, 2018, 10-year-old Xiao Yanzi was stabbed in the eyes and neck with a knife and raped by Yang Guangyi, a 29-year-old villager from the same village on his way home from selling his own passion fruit.
After the violence, Yang Guangyi took away the 32 yuan from the little swallow selling passion fruit, put the little swallow in a snake skin bag, threw the little swallow into a puddle and soaked, and then threw his body on a hillside.
During this period, Chen Liyan, his family, the police, and the village folks searched the entire village and no one was seen.
It was not until two days later that Yang Guangyi surrendered to the public security organ under the persuasion of his father, and the police found Xiao Yanzi's body.
In mid-December 2020, a reporter from Chinanews.com saw at Xiaoyanzi’s house that the dilapidated house had been turned into a brick house in August this year. Chen Liyan built two tin huts at the door of the house, one for storing sundries. One serves as a kitchen.
"These clothes and bedding were all sent by relatives and friends. The conditions in the family are poor. Fortunately, the children are very sensible and help me work together to support this family." Chen Liyan said that the eldest daughter was originally working in Shenzhen and the second daughter was admitted to university. My daughter is in junior high school, and Xiao Yanzi and her fifth younger brother are in elementary school. The family enjoys themselves, "No matter how poor or tired I am, I will let the children eat and study. I didn't expect Xiao Yanzi to say nothing and then nothing."
The picture shows Chen Liyan's attorney Hou Shichao introducing the case.
Photo by Zhai Liqiang
Criminal methods are extremely cruel and will not be punished lightly according to law
On July 12, 2019, the Guangxi Qinzhou Intermediate Court held that Yang Guangyi’s criminal motives were extremely despicable, the methods were extremely cruel, the plot was extremely bad, the consequences were extremely serious, and the social impact was great; although he surrendered, it was based on the facts, nature and circumstances of Yang Guangyi’s crime And the degree of harm to the society, it was decided not to give him a lighter punishment, and Yang Guangyi was sentenced to death for rape.
"When we received this verdict, we thought the case could finally be over, and finally gave Xiao Yanzi a fair deal, and the family also planned to do funeral for Xiao Yanzi and start life again." Chen Liyan said.
However, Yang Guangyi appealed against the judgment.
In March 2020, the High People’s Court of the Guangxi Zhuang Autonomous Region of the Court of Second Instance, based on Yang Guangyi’s surrender and other specific circumstances, commuted him to the crime of rape, sentenced him to death with a two-year reprieve, deprived him of political rights for life, and restricted his sentence reduction.
Chen Liyan said: "We have no grievances with Yang Guangyi. He murdered my daughter cruelly. If he let my daughter live, I can forgive him, but now I will not forgive him at all."
After the case took effect, the Supreme People's Court filed and reviewed the case.
During the period, the victim's mother filed a complaint with the Supreme People's Court.
On November 3, 2020, the Supreme People's Court ordered the Guangxi High Court to retrial.
After a retrial, the Guangxi Higher People's Court held that Yang Guangyi's criminal methods were extremely cruel, the circumstances were extremely bad, the social impact was great, and the crime was extremely serious.
Although Yang Guangyi had surrendered himself, he was not given a lighter punishment in accordance with the law in accordance with the facts of the crime, the nature of the crime, the circumstances, and the degree of harm to the society, and the above-mentioned sentence was changed.
Chen Liyan’s attorney Hou Shichao told a reporter from Chinanews.com that the sentence of death for rape is an overall consideration of Yang Guangyi’s crimes. The verdict is based on sufficient evidence and the facts are very clear. We recognize and are satisfied with the verdict.
The retrial judgment demonstrates the determination of the people's courts to crack down on crimes against minors.
The murderer selected the girl who was left alone to harass and molest the girl repeatedly
The passion fruit forest of Little Swallow’s home is about tens of meters away. From the fruit forest along the field path, passing through the bamboo forest and a road, is Yang Guangyi’s home, which is only a few hundred meters away, about 10 minutes away.
"Before the trial, we visited and found that Yang Guangyi was not the first time that she molested a girl. Among them, there was a girl in the village who was followed, intercepted, and forcibly hugged by him in the same place where Little Swallow was killed. There is also a girl. He was forcibly carried on his shoulders in the same place, and when he was about to go up the mountain, he broke free and ran back home." Hou Shichao introduced.
During the retrial of this case, the Guangxi Higher People's Court formed a separate collegiate panel according to law, appointed a defense lawyer for Yang Guangyi according to law, and investigated and verified the new evidence clues submitted by the complainant according to law.
When the sentence was pronounced, the court also accepted Yang Guangyi’s many criminal facts of harassing and molesting young children, and based on Yang Guangyi’s prior, during and after performances and witness testimony, it considered him to be an adult with full criminal responsibility. Mental identification is necessary.
Hou Shichao analyzed that Yang Guangyi’s crime was caused by multiple factors. For example, he often watched pornographic videos, steals women’s underwear, and often follows and hugs other girls, which creates psychological shadows for girls.
"Yang Guangyi has a certain degree of criminal choice, focusing on solitary girls and left-behind children. Some of the young children who were harassed did not dare to say, and some did not think it was an infringement due to insufficient self-protection awareness, and did not tell their parents. Yang Guangyi is even more unscrupulous. His behavior will rise to a violent crime under certain conditions. This is the case in this case."
Girl family members hope to return to calm and crack down on sexual assault of minors, a long way to go
From the incident on October 4, 2018, to the retrial sentence on December 28, 2020, Chen Liyan said that Yang Guangyi had not expressed any regrets or apology to Xiao Yanzi, and he did not receive any apology or compensation from the Yang family. .
"After the incident, we found the Yang family to discuss civil compensation. The other party not only refused to agree, but did not even apologize. Later, the Yang family locked the door and fled the village."
After the first-instance judgment in 2019, Chen Liyan filed a civil compensation lawsuit with the Lingshan County People's Court.
According to Hou Shichao, the civil compensation part is currently in the execution stage. The Executive Bureau of the People's Court of Lingshan County has investigated and verified the clues of Yang Guangyi's property. The property has not been found yet, and it is difficult to execute it.
At present, we have submitted an application to the court to suggest whether Yang Guangyi’s parents can use the homestead and cultivated land for compensation. The court will also consider whether there is room for enforcement based on the opinions of relevant departments.
After the verdict was pronounced in the retrial that day, Chen Liyan collapsed and cried in court.
"Yang Guangyi was sentenced to death and could not be exchanged for my daughter. The daughter died too unjustly! After waiting for more than two years, my whole spirit collapsed. Then I can only try my best to adjust my state, Take good care of this child and live peacefully."
Chen Liyan told reporters that in the next step, they plan to apply to the civil affairs department for a reduction or exemption of funeral home related expenses, and strive to handle their daughter's funeral before the Lunar New Year in 2021, so that her daughter will be safe.
Xiao Yanzi’s uncle Chen Tianchuan expressed satisfaction with the sentence that day, “The bad guy has finally been punished and the niece can rest in peace. I hope my sister can start again, take good care of her children, and live a strong life.”
When the reporter visited the village under the bench in Xiaoyanzi’s hometown, the villager Ms. Deng pointed to the passion fruit forest and told reporters that after the accident, the children in the village were afraid to take this path.
Some parents are not assured and pick up and drop off the children themselves.
When school is over at noon, the field lanes are empty. Students on the road after school are either accompanied by their parents or walking in groups. There are almost no children alone.
The relevant person in charge of the Supreme People's Court recently stated that all types of crimes that violate the rights and interests of minors must be severely punished in accordance with the law.
For crimes of sexually assaulting minors, probation is generally not applicable, and generally not parole.
Hou Shichao believes that to strengthen the protection of minors, we must start with family education, safety education, sex education and other aspects. It requires the participation of families, society, schools, etc., to improve the self-protection awareness of minors.
Various places should carry out various forms of popularization of law.
For such cases of indecency and sexual assault on children, penalties should be increased to deter potential criminals and prevent problems before they occur.
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