1. Defendant Zhang Moumou rape case
——Teacher sentenced to death for raping multiple underage girls
basic case
From 2013 to 2019, the defendant Zhang Moumou used his identity as a teacher to bring several female students (all young girls) to the dormitory to commit adultery while he was serving as a teacher in a primary school in a certain province.
referee result
After the trial, the court held that the defendant Zhang Moumou used his identity as a teacher to rape underage female students. The number of rapes was large, the time span was long, the crime was extremely serious, the circumstances were particularly bad, and the social harm was extremely serious, and should be severely punished in accordance with the law.
Zhang Moumou was sentenced to death for rape according to law.
In January 2022, the Supreme People's Court approved the death penalty, which has now been executed.
typical meaning
Defendant Zhang Moumou, as a teacher of the people, was supposed to be a teacher, but he used his identity as a teacher to continuously rape several underage girls in school for many years, which cast a shadow over the innocent childhood of the victimized girls and caused serious harm to their physical and mental health. Trample on the bottom line of social ethics and morality, the nature is extremely bad, the crime is extremely serious, and should be punished according to law.
The people's courts have always adhered to a zero-tolerance attitude towards crimes against minors, especially those who sexually assault minors by taking advantage of their special status or convenient conditions, and resolutely punish them in accordance with the law. Never condone.
The verdict of this case fully reflects the people's court's clear attitude to severely punish the crime of sexually assaulting minors in accordance with the law, and demonstrates the people's court's firm determination to safeguard the legitimate rights and interests of minors.
2. The fraud case of the underage defendant Jia Moumou
——Education, probation, and rescue of stray teenagers
basic case
From January 2019 to March 2020, the juvenile defendant Jia Moumou needed funds to participate in e-sports competitions, used a pseudonym, falsely reported his age, falsely claimed to be running a new media company, and deceived multiple people under the guise of rebates for online shopping. The victim purchased JD E-card and Lehua card on the online platform, or tricked the victim into borrowing money from Alipay and other micro-loan platforms for their use, and defrauded a total of more than 300,000 yuan.
After arriving at the case, Jia Moumou truthfully confessed the above-mentioned criminal facts.
During the court hearing, Jia Moumou's father returned compensation to the victim and obtained the victim's forgiveness.
referee result
During the trial of this case, the people's court commissioned a social worker to conduct a detailed social investigation on the defendant Jia Moumou.
The investigation showed that Jia Moumou had excellent reading performance when he was a child. He won the fourth place in the Provincial Mathematical Olympiad and the bronze medal in the National Mathematical Olympiad. Later, he chose to drop out of school due to the divorce of his parents. He lived alone in a foreign country and lacked communication with his family.
The lack of parental guardianship and weak legal awareness are the reasons why Jia Moumou embarked on the road of breaking the law.
The judge identified the starting point, determined the assistance and education measures in a targeted manner, actively promoted compensation and understanding, gave full play to the role of court education and affection, and actively contacted the community corrections institution in the defendant's original residence, believing that a suspended sentence would not endanger society.
After the trial, the court held that Jia Moumou was a minor. After arriving at the case, he could truthfully confess the facts of the crime and voluntarily plead guilty and accept punishment. His father had already refunded the victim's economic losses and obtained the victim's forgiveness.
After comprehensive consideration, he was given a lighter punishment in accordance with the law, and Jia Moumou was sentenced to three years in prison, suspended for three years, and a fine of RMB 30,000 for the crime of fraud.
typical meaning
This case is a typical case of adhering to the principle of "education, probation, rescue" and the principle of "education first, punishment second" to a juvenile who committed a crime to help them get back on the right track of life.
During the trial process, the people's court adopted a number of special working mechanisms for juvenile trials, such as round-table trials, social investigations, court education, "political and legal one-stop" and "social one-stop", to equally protect non-local juvenile defendants. Legal rights and interests, give full play to the role of the law's vigilance, education and family affection, and turn the trial into a turning point in the life of the errant juvenile.
After the case was concluded, the judge continued to follow up and help and teach. The defendant Jia Moumou deeply recognized his own mistakes and actively reflected on it. Under the active coordination of the judge, Jia Moumou has now returned to high school and is preparing for the college entrance examination.
3. Hu v. Chen, a case of dispute over change of custody
——Issued the country's first family education order
basic case
In August 2020, the plaintiff Hu and the defendant Chen agreed to divorce, and agreed that their daughter Hu Xiao would be raised by her mother, the defendant Chen, and the plaintiff would pay monthly maintenance.
A month later, because the defendant remarried, Hu Xiaomou was not sent to school for two or three weeks.
Since December 10, 2020, the plaintiff hired a full-care nanny for Hu Xiaomou to live alone. The plaintiff lived in a country villa 20 kilometers away from Hu Xiaomou's residence, and the nanny took care of Hu Xiaomou alone. The defendant went to pick him up every weekend. child.
The plaintiff Hu believed that after the divorce, the defendant Chen failed to fulfill the obligation to support his daughter as agreed, so he sued Chen to the court, requesting the court to order that the custody of his daughter Hu Xiaomou be changed to the plaintiff.
After being questioned by the court, Hu Xiaomou expressed that he prefers to live with his mother Chen Mou.
referee result
The court held that after the plaintiff Hu and the defendant Chen divorced by agreement, they still had the obligation to raise, educate and protect their underage daughter Hu Xiao.
Both the plaintiff and the defendant in this case were slack in fulfilling their support duties and assuming guardianship duties, ignoring Hu Xiaomou's physical, psychological and emotional needs.
Given that Hu Xiaomou expressed his willingness to live together with his mother, the defendant, the court ruled to reject the plaintiff's claim.
At the same time, the court held that the defendant, Chen, who entrusted the plaintiff to take care of the young daughter alone without a justifiable reason, was a neglectful act of fulfilling the responsibility of family education. According to the relevant provisions of the Family Education Promotion Law, it should be corrected. .
The ruling requires Chen to pay more attention to Hu Xiaomou's physical, psychological and emotional needs, to contact and communicate with school teachers more, to understand Hu Xiaomou's detailed situation, and to require Chen to live with Hu Xiaomou, and to have him or her close to him. The relatives personally raised and accompany Hu Xiaomou, earnestly fulfilled the duties of guardianship, and assumed the main responsibility for family education. Hu Xiaomou should not be allowed to live alone with the nanny.
typical meaning
The "Family Education Promotion Law", as the first special legislation in the field of family education in my country, raised family education from traditional "family affairs" to "state affairs" in the new era, and opened the era of parents "bringing children according to law". Protecting the healthy growth of minors is of great and far-reaching significance.
The "Family Education Promotion Law" stipulates that parents should strengthen parent-child companionship. Even if the parents of minors are separated or divorced, they should cooperate with each other to perform family education responsibilities, and neither party may refuse or neglect to perform.
In view of the fact that the defendant in this case failed to fulfill the obligations of support and guardianship in accordance with the agreement, the people's court made a judgment in accordance with the law on the basis of comprehensive consideration of Hu Xiaomou's own wishes, and issued the country's first copy to the defendant in accordance with the "Family Education Promotion Law". A family education order, ordering parents to effectively perform their guardianship duties.
After the family education order was issued, it has achieved good social response.
The purpose of publishing this case is to remind parents that the "Family Education Promotion Law" clearly stipulates, "Parents or other guardians should establish a sense of responsibility that the family is the first classroom and the parents are the first teachers, and bear the responsibility of implementing family education for minors. The main responsibility of education is to use correct thoughts, methods and behaviors to educate minors to develop good thoughts, conduct and habits." I hope parents will earnestly study this important law, conscientiously fulfill their major responsibilities as parents, and strengthen the construction of family style. , and strive to create a good family environment for the healthy growth of minors.
4. The case of juvenile defendant Zou picking quarrels and provoking trouble and family education order
——The parents of the juvenile defendant neglected to perform their duties and received family education guidance across domains
basic case
Zou lived in a city in province A with his parents since he was a child. Later, Zou’s mother took Zou to live and go to school in province B due to a job change. Zou’s father was still working in province A.
Due to work reasons, Zou's mother paid less attention to Zou's study and life, and Zou's father only called to greet him occasionally.
Due to living habits and other reasons, Zou could not integrate into the new living environment well, and began to contact idle young people in the society, and often did not go home.
In May 2020, 14-year-old Zou was punished by the public security organs for fighting.
Zou's parents failed to pay attention, and they still neglected the education and management of Zou.
In March 2021, Zou was prosecuted by the procuratorate for the crime of "picking quarrels and provoking trouble" for fighting with many people.
referee result
After trial, the court held that Zou's behavior constituted the crime of picking quarrels and provoking trouble, and sentenced him to one year and two months in prison.
During the trial, the court judge found that Zou had not lived and studied in Province B for a long time, and he was still in the process of adapting to the new living environment. They also lacked the correct way to implement family education, so they decided to issue a "Family Education Order" to Zou's parents, ordering them to go to the "Family Education Love Guidance Station" to receive family education guidance within a time limit, and joined the local procuratorate, the Education Commission and other departments to invite Zou The grid members from the community where a certain lived before held a heart-to-heart meeting to formulate a detailed plan and jointly provide targeted family education and guidance to Zou's parents.
At present, Zou's parents have received family education guidance three times, and the effect is good.
typical meaning
Lack of family education is one of the important reasons for juvenile delinquency.
With the official implementation of the "Family Education Promotion Law", when the people's court handles juvenile delinquency cases, it is found that the guardian neglects to perform family education duties, or improperly implements family education to infringe upon the lawful rights and interests of minors. The education order guides them to correctly perform their family education duties, can create a good family environment for the healthy growth of minors, and prevent and eliminate minors from committing crimes again at the source.
During the trial of this case, the court, in conjunction with the procuratorial, public security, justice, education and other departments, established the "Family Education Love Guidance Station". With the help of the strengths of the two places, the work united efforts to guide the parents of Zou, who had anomalous family education, and help them build a family Educating the subject's sense of responsibility and actively fulfilling family education responsibilities.
Cross-domain family education guidance is a useful exploration of the implementation of the "Family Education Promotion Law" and demonstrates the responsibility of the people's courts.
5. Li Moumou v. an e-commerce Co., Ltd. for a dispute over a network service contract
——It is invalid for minors to make payment behaviors inconsistent with their age and intelligence
basic case
The 14-year-old plaintiff, Li Moumou, without the knowledge of his parents, purchased 374 game accounts from the online store "X Games" operated by the defendant seven times through a certain platform, paying a total of 36,652 yuan. The equipment in the above game accounts are all Skins, masks, flower skirts, etc.
After the plaintiff's parents found out the next day, they promptly contacted the customer service staff of the defendant's online store, stating that they would not ratify the plaintiff's purchase of a game account and payment, and asked the defendant to refund the money. The defendant did not agree to a full refund.
referee result
After trial, the court held that the plaintiff, Li Moumou, was a minor at the time of the case and was a person with limited capacity for civil conduct. The act of purchasing a game account and paying 36,652 yuan was obviously incompatible with his age and intelligence. Li Moumou's legal representative also clearly stated that The act was not ratified, so the purchase by the plaintiff Li Moumou was invalid, and the defendant was judged to return the full amount of 36,652 yuan for the purchase of the game account to the plaintiff.
typical meaning
This case mainly concerns the validity of minors' payment behaviors that are inappropriate for their age and intelligence.
According to the "Civil Code", if a minor over the age of 8 implements a purchase and payment behavior that is not suitable for their age and intelligence, without the ratification of their parents or other legal representatives, their purchase and payment behavior is invalid, and the operator The price should be returned according to law.
This case reminds the majority of parents that, as guardians of minors, they should strengthen their guidance and supervision of their children, and should keep their mobile phones and bank card passwords safe to prevent their children from using them to make large payments.
Internet companies should further strengthen legal awareness and social responsibility, and handle disputes arising from minors' payment behaviors inconsistent with their age and intelligence in accordance with the law.
6. Disputes between Qian and a beauty studio, Long's right to life, body and health
——Constitute personal infringement for minors, and should bear the liability for damages according to law
basic case
In January 2021, the 13-year-old plaintiff Qian went to a beauty studio run by the defendant Long to play many times. After getting acquainted with Long, Qian said that he wanted a tattoo, and Long carried out a large-scale tattoo for Qian. A tattoo fee of 5,000 yuan will be charged.
In February 2021, Qian's mother sent Qian to a certain province to enroll in school. The school found a tattoo on Qian's body during a physical examination.
In order to avoid affecting Qian's study and employment, Qian's parents requested to clean the tattoo. After the two parties failed to negotiate on compensation, Qian sued to the court, requesting the defendant to return the tattoo fee of 5,000 yuan and compensate for the mental damage.
referee result
The court held that, on the one hand, the plaintiff Qian was only 13 years old and belonged to a person with limited capacity for civil conduct. Based on his age, intellectual status, social experience, etc., he could not judge that the tattooing behavior would cause damage and impact on his own body and personality interests. And after the fact that its legal representative has not ratified it, the operator should return the price according to law.
On the other hand, the defendant, a beauty studio, carried out a large-scale tattoo for Qian without accurately verifying Qian's age and identity, and had major faults, and should bear the corresponding tort liability.
In the end, the defendant, a beauty studio, was ordered to return the plaintiff Qian's tattoo fee of 5,000 yuan and pay the plaintiff Qian's spiritual comfort fund of 3,000 yuan.
typical meaning
Tattoos are essentially engravings or patterns on human skin, which are invasive actions on the body, and have the characteristics of being susceptible to infection, difficult to recover, restricted in employment, and easy to be labeled.
Giving a minor with a tattoo not only affects the health of the minor, but also hinders the minor in the process of enrolling in school, joining the army, and obtaining employment, and infringing upon the minor's right to health, development, protection, and social participation, etc. multiple rights.
Therefore, operators should exercise due diligence on the age status of customers when providing tattoo services.
In this case, the result of the judgment that the operator should return the tattoo price according to the law and bear the liability for infringement damages according to law is of great significance to standardize the business operation, protect the legitimate rights and interests of minors, and protect the healthy growth of minors.
7. Hu Moumou and Wang Moumou v. Moumou restaurant death compensation case
——Selling tobacco and alcohol to minors should bear corresponding responsibilities according to law
basic case
Hu Xiaomou is the son of Hu Moumou and Wang Moumou, and he, Jiang Moumou and Chen Mou are students of a middle school, and they are all persons with limited capacity for civil conduct.
One day, Hu Xiaomou and Chen Moumou came to a certain restaurant to celebrate Jiang Moumou's birthday. Hu Xiaomou proposed to drink to celebrate, and the three drank some beers.
After the meal, Hu Xiaomou proposed to go to the lake to play. During the process of soaking his feet and playing in the water, Hu Xiaomou accidentally drowned and died.
After the accident, Hu Moumou and Wang Moumou sued the restaurant to the court, requesting compensation for Hu Xiaomou's death compensation, funeral expenses and other partial losses.
referee result
The court held that the Law on the Protection of Minors stipulates that the sale of tobacco and alcohol to minors is prohibited.
In this case, the sale of alcohol by a certain restaurant violated the relevant provisions of the Law on the Protection of Minors.
Since alcohol has a paralyzing effect on people's spirits, drinking alcohol will lead to an increase in the risk factor of carrying out dangerous behaviors. There is a causal relationship between the alcohol sales behavior of a certain restaurant and the death of Hu Xiaomou, and should bear the corresponding liability for tort damages .
To sum up, the court ruled that a certain restaurant should bear a certain proportion of damages.
typical meaning
The physical and mental development of minors is not yet mature, and tobacco and alcohol will seriously affect the healthy growth of minors.
The Law on the Protection of Minors clearly stipulates that operators are prohibited from selling tobacco and alcohol to minors.
Tobacco and alcohol operators shall set up signs of not selling tobacco and alcohol to minors in prominent positions; if it is difficult to determine whether they are minors, they shall be required to show their identity documents.
The behavior of the restaurant operator in this case selling alcohol to minors not only violated the law, but also caused serious consequences of drowning and death of minors.
The court determined that the restaurant bears a certain proportion of the liability for damages, which is of great significance for guiding tobacco and alcohol merchants to further strengthen social responsibilities, improve legal awareness, keep minors away from tobacco and alcohol injuries, and create a safe and healthy environment for the growth of minors .
8. Huang Moumou v. Moumou Hotel in the case of disputes over the rights to life, body and health
——The hotel shall be held responsible according to law for minors who fail to fulfill their obligation to inquire about the check-in procedure
basic case
Huang Moumou and Zhu Moumou (both minors) developed into a boyfriend-girlfriend relationship after they met through online chat.
In June 2021, Zhu Moumou and Huang Moumou made an appointment to meet, and then the two stayed at a certain hotel and had sex.
Later, Huang Moumou's guardian learned that when the hotel received the minor Huang Moumou, it did not ask about the contact information of his parents and the identity relationship of the occupants.
Huang Moumou brought a lawsuit to the court on the grounds that the hotel was sexually assaulted because it failed to fulfill its security protection obligations, and requested the hotel to compensate 20,000 yuan in compensation for mental damage, and the operator of the hotel was jointly and severally liable.
referee result
According to Article 57 of the "Law on the Protection of Minors", "hotels, guesthouses, hotels and other accommodation operators shall inquire about their parents or other guardians when they accommodate minors, or accept minors and adults together. Contact information, the identity relationship of the occupants and other relevant information; if any suspected illegal or criminal offence is found, it should be reported to the public security organ immediately, and the parents or other guardians of the minor should be contacted in a timely manner." When the minor Huang Moumou checked in, he did not ask for the contact information of his parents and the identity of the occupants, and he did not fulfill the legal obligation to protect the safety of minors, so he should take certain responsibilities.
In the end, the two parties reached a mediation agreement, and the defendant XX Hotel agreed to compensate Huang XX with 5,000 yuan of consolation money for mental damage, and fulfilled it on the spot.
typical meaning
This case warns hotel, guesthouse and hotel operators to strictly fulfill their legal obligations and main responsibilities to protect minors, operate in accordance with laws and regulations, standardize check-in procedures, strictly implement mandatory reporting systems, and perform safety protection obligations. Corresponding legal responsibilities will be investigated according to law.
The majority of parents should also strengthen the education and management of minors, so that minors can form a correct outlook on life and values, self-esteem and self-love, make friends carefully, and prevent the occurrence of such cases.
Relevant competent departments should strengthen the daily supervision of hotels, guesthouses, and hotels, establish and improve the early warning and disposal mechanism, realize the risk prevention and control of minors staying in hotels, guesthouses, and hotels, and comprehensively protect the healthy growth of minors.
9. Liang Moumou v. A County Medical Insurance Administration Administration for Social Security Administrative Payment
——Protect the legitimate rights and interests of young children in administrative cases and realize comprehensive judicial protection for minors
basic case
The plaintiff Liang Moumou (born in November 2017) suffered from congenital heart disease after birth, and was hospitalized in a children's hospital in May 2018, incurring medical expenses of more than 70,000 yuan.
In November 2017, Liang Moumou's relatives paid a one-time payment for Liang Moumou's 2017 and 2018 insurance fees to the Medical Insurance Bureau of a certain county.
Because a county's Medical Insurance Administration did not effectively enter Liang's continuous insurance information in 2018 in the medical system, Liang was unable to reimburse hospitalization expenses.
The plaintiff Liang Moumou sued the court in July 2018, requesting reimbursement of medical expenses incurred during hospitalization.
referee result
After finding out that Liang Moumou's payment of medical insurance premiums in 2017 and 2018 was true, the court issued a "Judicial Proposal" to the Medical Insurance Bureau of a certain county, suggesting that it should take remedial measures together with relevant units to safeguard the party's Liang Moumou's medical insurance. legitimate interests.
According to the "Judicial Proposal", the Medical Insurance Administration of a county held a bureau meeting, determined that Liang Moumou's insurance renewal relationship was established, and reimbursed Liang Moumou's medical expenses in the first half of 2018.
After receiving the reimbursement fee, Liang Moumou applied to the court to withdraw the lawsuit, and the court ruled to allow the withdrawal of the lawsuit.
typical meaning
This case is a typical case involving the administrative payment of social security to minors.
Liang Moumou is a child with congenital heart disease, and high medical expenses are incurred after birth, and related medical expenses are still required in the future.
If it goes through the first instance, the second instance, and the execution according to the routine procedures, it will delay Liang Moumou's treatment.
After the court accepted the case, in order to ensure that Liang Moumou received timely treatment and changed the traditional work thinking, it communicated with the defendant and the township government where the plaintiff was located several times, explained the law, and coordinated all parties to establish the core of Liang Moumou's insurance relationship. Facts reach consensus.
At the same time, judicial suggestions were issued to a county medical insurance administration bureau and adopted, which effectively promoted the solution of the problem.
The substantive resolution of this case reflects that the people's court's administrative adjudication work, on the basis of distinguishing between right and wrong, effectively protecting the legitimate rights and interests of the parties, adheres to the management of the source of the lawsuit, and effectively puts the non-litigation dispute resolution mechanism in the front, so as to satisfy the diverse, efficient, and The judicial concept of convenient dispute resolution needs demonstrates the people's court's responsibility to safeguard the legitimate rights and interests of minors by supervising administrative actions, and has built a three-dimensional judicial protection network for minors.