Zhongxin.com, May 18: The Supreme People's Law published on the WeChat public account on the 18th seven typical cases of severely punishing violations of minors' rights and interests. The Supreme Law pointed out that from 2013 to 2019, national courts tried 28975 criminal cases infringing on the legal rights and interests of minors such as child trafficking, child molestation, and child begging, and punished 29,787 criminals. For those who have serious crimes or bad crimes, the heavy sentence shall be determined according to the law. The sentence for the death penalty shall be sentenced to the death penalty in accordance with the law.
According to the Supreme Law, in order to give full play to the evaluation, guidance function, warning and educational significance of typical cases, the Supreme People's Court has selected seven typical cases in recent years that have severely punished crimes against minors and protected the rights and interests of minors. Among the seven cases, there are criminal cases such as rape of minors, civil and administrative cases such as the withdrawal of guardianship rights, violations of the right to health of minors, and violations of the right to education, as well as cross-provincial judicial assistance to the minor children of the victims Case. There were three cases of rape. Although it did not cause the death or serious injury of the minor victim, it has a plot of rape of multiple young girls and multiple times. The criminal motives are despicable, the nature and the plot are bad, the means are cruel, the personal danger and social harm are extremely serious, and the crime Extremely serious, the people's court still resolutely sentenced the death penalty to be executed immediately. To publish these typical cases in a concentrated manner is to inform the potential offenders of crimes. Do not reach out to minors for evil, and they will be severely punished and severely sentenced!
The seven typical cases are as follows:
1. The defendant was sentenced to death for rape, forced prostitution, and intentional injury
1. Basic case
The defendant, He Mou, used the deceit and others to commit crimes for the purpose of using the young girl to make money for others ’prostitutes. He used deception and hijacking methods to kill the victim Chang Moumou (8 years old) and Xie Moumou (13 years old) with intellectual disabilities, The victim Du Moumou (10 years old) was detained in a rental house. During this period, He Mou committed adultery to the three victims several times, and caused minor injuries to Chang and XX. He Mou also took nude photos and videos of the three victims and released the prostitution information through QQ, forcing the three victims to prostitution.
Second, the referee result
After trial, the court held that the defendant Hemou detained and kidnapped young girls under the age of 14 by means of deception and hijacking, and then raped and forced her into prostitution. His behavior constituted the crime of rape and forced prostitution; It constitutes a crime of intentional injury, and has a plot of rape of multiple young girls and multiple times. The motive of the crime is despicable, the nature and the plot are harsh, the means are cruel, the personal danger and the social hazard are extremely serious, and the crime is extremely serious. According to the relevant provisions of the Criminal Law of the People ’s Republic of China, the defendant He Mou was sentenced to death for rape and deprived of political rights for life; sentenced to 15 years ’imprisonment for the crime of forced prostitution and a fine of RMB 50,000; Imprisonment for two years and six months; decided to execute the death penalty, deprive him of his political rights for life, and fine him 50,000 yuan. After review, the Supreme People's Court approved the death sentence of the defendant He Mou according to law. He Mou was executed on July 24, 2019.
3. Typical meaning
Cases of sexual assault against minors seriously infringe upon the physical and mental health of minor victims, seriously affect the sense of security of the broad masses of the people, are of a bad nature, and cause serious harm. Such cases must be resolutely punished according to law, and those with extremely serious crimes must be sentenced to death in accordance with the law, so that criminals are subject to due sanctions.
In recent years, the number of criminals using the Internet to commit crimes has increased. Minors have relatively weak discriminating ability and prevention awareness, and are more likely to be victims. This case warns us that we must strengthen network supervision and strengthen network protection for minors; network enterprises must strengthen social responsibilities and effectively fulfill the legal obligations of maintaining network security and purifying cyberspace; schools and families must strengthen the use of networks for minors Supervision of the situation, education and guidance of minors to enhance self-protection awareness and ability.
At the same time, the case also reminds schools, teachers, families, and parents to fulfill their legal responsibilities for the protection and guardianship of minors. The third victim in this case was abducted on the way to school. The school teacher notified the parents that the victim did not arrive in time. After the parents reported the case, the public security organs locked the criminal ’s hiding place by monitoring and rescued the victim in time and brought the criminal to justice Law, thus preventing criminals from continuing to do evil, and more minors being violated.
2. Defendant Zhao Moumou was sentenced to death for rape
1. Basic case
From June 2015 to January 2017, the defendant Zhao Moumou and the defendant Li Mou (female, sentenced) were co-conspirated, and Li went to a junior high school in a county in Henan Province to find a girl for Zhao Moumou to commit adultery. . Li Mou corrected Liu Mou, Wu Mou, Jiang Mou, Hao (all handled separately), Gu Mou, Qin Mou, Li Mou, Zhao Mou (the above personnel are all minors) and others. Assault, intimidation, threats of taking photos of the body, etc. have successively forced the victim Zhu Moumou and other middle school female students to have sexual relations with Zhao Moumou, a total of 25 people and 32 cases, including 14 young women and 19 cases.
Second, the referee result
After trial, the court held that the defendant Zhao and others used violence, coercion or other means to rape women and adulterous girls, and their acts have constituted rape. The criminal nature of Zhao Moumou is extremely bad, the plot is particularly serious, and the society is extremely harmful, causing extremely bad social impact. According to the relevant provisions of the Criminal Law of the People's Republic of China, the defendant Zhao Moumou was sentenced to death for rape and deprived of political rights for life. After review, the Supreme People's Court approved the defendant's death penalty according to law. Zhao Moumou was executed on June 4, 2019.
3. Typical meaning
Sexual assaults against minors and serious damage to children's rights and interests. People's courts have always adhered to the "zero tolerance" and "severe punishment" position for such crimes. If the nature of the crime and the circumstances are extremely bad, and the consequences are extremely serious, the death penalty will be resolutely punished according to law and will not be tolerated. The defendant Zhao Moumou in this case, as the legal representative of the company, concurrently held a number of social positions, has a high social status, but is morally destructive, doing such outrageous things. Although Zhao ’s behavior did not cause serious injury or death to the victim, his crimes caused irreparable harm to the victim ’s psychology and physiology. The social harm was extremely harmful and the impact was extremely bad. Sentencing according to law and executing the death penalty for Zhao Moumou demonstrates the clear stance and firm attitude of the people's courts in strictly combating sexual assault against minors.
3. Defendant Wang was sentenced to death using cyber rape
1. Basic case
From April 2013 to August 2014, the defendant Wang Mou introduced through online chat, telephone contact, etc., or after introduction by Zhang Mou (handled in another case, sentenced), Hou Moumou (under 14 years old), etc. Forced means such as violence and coercion forced sexual relations with a number of minor victims, or knowing that the victims were young girls under the age of 14 who still had sexual relations with them, and committed adultery 23 times for 14 victims, of which less than 14 There are 11 young girls.
Second, the referee result
After trial, the court held that the defendant Wang had used violence and coercion to force sexual relations with multiple minor victims, or knew that multiple victims were young women under the age of 14 and still had sexual relations with them. . Wang is a recidivist, and he should be punished severely according to law. The behavior of the defendant, Wang Mou, caused the victim's physical and mental trauma to be greatly damaged, the crime nature and circumstances are extremely bad, the society is extremely harmful, the crime is extremely serious, and should be severely punished. According to the relevant provisions of the Criminal Law of the People's Republic of China, the defendant Wang was sentenced to death for rape and deprived of political rights for life. After review, the Supreme People's Court approved the defendant's death penalty according to law.
3. Typical meaning
This case is a typical criminal case of using a network platform to intimidate and lure other minor girls and young girls with weak self-protection awareness and sexual assault. In this case, Wang Mou chose the school student as the target of adultery when committing a crime. The victim was a primary or junior high school student at the time of the crime. His behavior challenged the bottom line of social ethics and morality, and his subjective motivation was extremely despicable. Although Wang's behavior did not cause serious injury or death to the victim, it caused severe damage to the victim's physiology and psychology, which was extremely harmful to society and extremely badly affected. Sentencing and executing the death penalty against Wang is an inevitable requirement of strict and fair justice, and an inevitable requirement of showing fairness and justice.
4. Cross-provincial judicial rescue case for the victim Jiaba
1. Basic case
The victim Jiaba Moumou (Yi) worked in a fishing boat during his lifetime. In November 2017, Jia Ba and Mou engaged in a fight with the crew member Guo Mou for trivial matters while engaging in fishing operations. Guo Mou stabbed Jia Ba and Mou with a knife and killed him. In the process of handling the case, the official of the Shandong High Court learned that the victim, Jiaba, was in the heart of Zhaojue County, deep in the hinterland of Sichuan ’s Daliang Mountain. The wife has no fixed income and the family life is very difficult. Taking into account the above situation, the law enforcement officer submitted an application for judicial assistance to the Judicial Assistance Committee of the Court.
Second, the referee result
After review, the Judicial Rescue Committee of the Shandong Higher Court found that after the murder of Jiaba, his family had difficulty in living and met the conditions for rescue. In order to effectively protect the healthy growth of 6 minor children, in accordance with the work concept of “careful and precise assistance”, the judicial assistance policy was applied to make full use of 230,000 yuan in judicial assistance for their families.
3. Typical meaning
Judicial assistance for minors is a very important extended function of the juvenile trial work in the courts. This case is the first case in which the Shandong High Court carried out cross-provincial judicial assistance to minor minorities. In order to ensure that the judicial aid can effectively protect the children's life and learning, the responsible officer personally sent the judicial aid and related procedures to the victim's house deep in Dashan, explained the intention of judicial aid to the victim's wife, and signed a judicial aid Use the supervision agreement, and invite the village branch secretary as the guarantor, and the village branch secretary will supervise the use of the relief fund.
After follow-up, because of the support of judicial aid, the learning, living and growing environment of the victim's minor children have been greatly improved. This inter-provincial judicial assistance has caused a strong social response in the local area, letting more and more people understand the judicial assistance work for minors and feel the temperature of justice.
5. Plaintiff Zhou Mou v. Defendant Zhang Mou and a third person Zhang Moumou dispute on health rights
1. Basic case
The third person, Zhang Moumou, provided an extracurricular tutoring class in his own house without the permission and record of the administrative agency. Defendant Zhang Mou recruited six children including plaintiff Zhou Mou to hold a Chinese dance training class at Zhang Moumou ’s training venue without obtaining relevant qualifications. In June 2018, when Zhou Mou practiced lower waist movements, Zhang instructed Zhou Mou to increase the range of lower waist movements, but did not guide his moderate movements and did not provide support and protection, causing Zhou Mou to fall. When Zhou returned home on the night, he found symptoms such as changes in lower limb muscle strength. After being hospitalized in several hospitals, his injury was identified as a third-level disability. Zhou then filed a lawsuit, demanding that Zhang be held responsible and Zhang must bear secondary responsibility.
Second, the referee result
After trial, the court held that the defendant Zhang had not obtained the relevant qualification certificate and did not have the qualifications and abilities for children ’s dance teaching. In the training and teaching, the exercise and rest were not reasonably arranged according to the physiological characteristics of the minor. After the second lower waist exercise, Zhou was instructed to increase the range of movement, and no support was provided, causing Zhou to be seriously injured. Zhang should bear the main fault responsibility for Zhou ’s injury. The third person, Zhang Moumou, started an off-campus training institution without the approval of the competent authority, and reviewed and supervised whether Zhang Mou had dance teaching ability and qualifications, and should bear secondary responsibility for Zhou ’s injury. Defendant Zhang Mou compensated plaintiff Zhou Mou for losses of 948,168.26 yuan; third person Zhang Moumou compensated plaintiff Zhou for losses of 222,542 yuan.
3. Typical meaning
In recent years, the out-of-school education and training market has prospered, to a certain extent, providing more options for the comprehensive development of minors. However, due to the imperfection of the supervision mechanism and safety guarantee work, it is not uncommon for minors to be damaged in training institutions. Training institutions and their employees who have suffered minor injuries due to failure to perform their security guarantee obligations shall bear tort liability in accordance with law.
This case also warns the parents that when choosing an out-of-school training institution, they should carefully review the training institution ’s licensing and record registration status, and understand the safety guarantee mechanism of the training institution and the qualifications of the training personnel as much as possible to ensure that the children are legal , Standardized and safe training institutions receive education. Relevant competent authorities should effectively strengthen the daily supervision of training institutions outside the school, promptly ban training institutions that have been established without permission, and punish those training institutions that have not fulfilled their obligations for the qualification review of employees and the safety of training sites.
6. Chen's case of revoked guardianship
1. Basic case
Chen had an unmarried child, Xiao Lu, who was diagnosed with various diseases after birth. The cost of treatment is high and it is difficult to cure. Xiao Lu's father, Qu, died of illness, and Chen has kept Xiao Lu in hospital since he was born. The court sentenced Chen to ten years' imprisonment for abandonment. Xiao Lu was sent to the Shanghai Children's Temporary Care Center. In view of the death of Xiaolu ’s biological father and the failure of her mother to perform her duties as a guardian, and the fact that Xiaolu ’s ancestors expressed their inability to support Xiaolu, the Shanghai Children ’s Temporary Care Center filed a lawsuit with the Putuo District People ’s Court, requesting that Chen ’s custody be revoked and a third person be appointed As a guardian of Xiao Lu, a neighborhood committee in Jing'an District assumed guardianship responsibility.
Second, the referee result
After trial, the court held that parents have the obligation to raise, educate and protect their minor children and ensure their healthy growth. As the mother of Xiao Lu, the respondent Chen did not perform guardianship duties for Xiao Lu suffering from various diseases, refused to support, and did not provide Xiao Lu's necessary life and medical security, which seriously violated the legal rights of minors. Therefore, the applicant's Shanghai Children's Temporary Care Center's request to revoke Chen's application for Xiaolu's guardianship shall be supported according to law. As the guardian Xiao Lu currently has no other relatives suitable as his guardian, a third resident committee in Jing'an District, Shanghai, as the resident committee of Chen's household registration, expressed his willingness to assume Xiao Lu's guardianship duties, so he appointed the neighborhood committee as the guardian of Xiao Lu.
3. Typical meaning
This case is a typical case where multiple departments jointly protect the legal rights of minors in judicial practice. After the case was accepted, the court conducted a pre-trial social investigation and hired social watchers to review the relevant guardians and the subsequent placement, maintenance, and review of the qualifications of the guardianship agency in this case. In the trial process, adhere to the principle of high efficiency according to law, and apply for the cancellation of the guardian's qualification and the application to confirm the guardian's two cases at the same time, simultaneous trial, the same day judgment. In the absence of other close relatives suitable as guardians, in accordance with the principle most conducive to the growth of the guardian, the local neighborhood committee is appointed as the guardian of Xiao Lu to avoid the plight of guardian vacuum. After the sentencing, the courts and judges of the case continued to follow up and return visits to the parties, caring for their healthy growth.
7. The case of the town people's government applying for the implementation of the decision on administrative punishment for compulsory education
1. Basic case
Ma Mou is a school-aged child. His guardians Ma Mouha and Ma Mougeya had no justification and did not send Ma Mou to school on time for nine-year compulsory education. As determined by the People ’s Government of Zaba Town, Hualong Hui Autonomous County, Qinghai Province, the actions of Ma Mouha and Ma Mouge violated the provisions of the “Compulsory Education Law of the People ’s Republic of China”, and an administrative penalty decision was made in September 2018. Ma Mouha and Ma Mouge imposed fines and ordered Ma to be sent to school. After receiving the administrative punishment decision letter, the executors Ma Mouha and Ma Mougeya did not apply for reconsideration or file a lawsuit within the statutory period, and refused to perform the administrative punishment decision. The township people's government applied to the people's court for enforcement in March 2019.
Second, the referee result
The People's Court ruled in accordance with the law that it would grant the enforcement of the administrative penalty decision made by the People's Government of Zaba Town, Hualong Hui Autonomous County, Qinghai Province. After the ruling was made, the court executed many times and the two executed persons refused to perform their duties. The court made a decision on the 15th day of administrative detention for the enforced person, Ma Mouha, according to law. During the detention, the executors Ma Mouha and Ma Mou Geya fulfilled their obligations as determined by the administrative penalty decision. Ma Mou is now enrolled in school.
3. Typical meaning
Hualong Hui Autonomous County in Qinghai Province is a very poor area. Some local farmers do not attach importance to education, and it is more common to not allow children of school age to receive compulsory education. They seriously violate the provisions of the Compulsory Education Law and seriously deviate from their legal guardianship duties. In recent years, in response to this situation, Hualong Hui Autonomous County has taken a number of measures to carry out a centralized operation of "control dropouts". For more than a year, the People ’s Court of Hualong Hui Autonomous County has accepted dozens of administrative non-litigation cases of dropping out of school, and this case is one of them. When hearing such cases, the court took the form of on-the-spot court hearings and interpreted the case in depth, explaining the compulsory education law, minor protection law and other relevant laws and policies to the masses, so that the masses understood that they would not be sent as guardians. It is illegal for school-age children to go to school, and they must bear legal responsibility according to law. Through the trial and execution of such cases, the court has effectively protected the legal rights and interests of minors, enabled more than 100 left-behind children to return to school, and the right to education is guaranteed by law.