China News Service, March 2nd. At a press conference held by the Supreme Law today, the relevant person in charge of the Supreme Law introduced seven typical cases of judicial protection of minors.
He Li, president of the First Criminal Division of the Supreme Court and deputy director of the Juvenile Court Work Office, introduced four criminal cases concerning the judicial protection of the rights and interests of minors.
He Li said that the first case was the Yu XX robbery, which was a typical case in which the people's court educates and rescues minors who have missed their feet and helps them get back on track in their lives.
The defendant in the case was a middle school student and robbed another’s mobile phone and a small amount of property without causing other serious consequences; the defendant performed well during the school period, and pleaded guilty and repented after being returned to the case. The crime was related to the strained family relationship between the defendant and his parents. .
The court comprehensively considered the application of probation to the defendant in accordance with the law, and did a lot of communication between the defendant and the family during the trial of the case, and the defendant successfully entered the university with the first place in the class while he was released on bail.
After the case was concluded, the judge continued to follow up and teach his study and living conditions, helping the defendant to become a useful material for society, and achieving good results, which fully demonstrated the unique judicial value of educating, probating, and saving minors to the maximum extent in juvenile trials.
The second case is Wang Moujia's intentional homicide. It is a typical case in which parents could not rationally handle the friction between their children and classmates, and openly broke into the classroom with a knife to kill underage pupils, and were severely punished in accordance with the law.
In the case, after the defendant’s daughter had a conflict with her classmates in the third grade of elementary school, the school teacher and the other’s parents had been actively communicating and coordinating the resolution, but the defendant could not deal with it rationally and peacefully. He actually bought knives and broke into the school’s classroom and attacked him on the spot. The people's court sentenced and approved the execution of the death penalty for the death of a weak young child who was unable to resist.
He Li emphasized that the people’s courts have always adhered to a zero-tolerance attitude in cases of serious violations of minors and resolutely punished severely and severely in accordance with the law. For crimes similar to this case, the nature of the crime is extremely bad, the circumstances are extremely serious, and the consequences are extremely serious. .
The third case is the rape of Wang Mouyi, a typical case of the rape of a minor victim. The circumstances were particularly bad and severe punishment was imposed in accordance with the law.
In order to satisfy the abnormal psychology, the defendant specifically targeted young female students at school within one year and three months, instigated a number of minors to assist, and raped 15 minor victims in a row, including 8 The victims were young girls, causing many victims to be forced to drop out or transfer. The people’s court sentenced and approved the execution of the death penalty in accordance with the law.
He Li emphasized in this case that the crime of rape of minors seriously damages the physical and mental health of minors, casts a shadow over the lives of minors, burdens minors’ parents and families with a heavy spiritual burden, and seriously tramples on the bottom line of social ethics and morality. The impact is bad.
The People's Court will always adhere to the zero-tolerance stance of severe punishment in accordance with the law with regard to the crime of rape of minors, especially the rape of under-age girls, and will never waver.
The fourth case is Zou Moumou's child molestation case, a typical case of a boy molesting boy who was severely punished in accordance with the law.
In recent years, cases of girls being sexually assaulted have received widespread attention from society, but in real life, boys may also be illegally sexually assaulted, which can also cause serious psychological trauma to boys.
In the case, the defendant used the trust and negligence of the victim’s parents to indecently molest two young children under the age of 10 with atrocious methods, and caused serious psychological trauma to the two victims. The people’s court determined that the defendant was a child molestation “scene” Bad", he was severely sentenced to ten years imprisonment within the range of more than five years of imprisonment, and the punishment for his crime achieved the unity of legal and social effects.
In addition, Zheng Xuelin, chief of the Civil Division No. 1 of the Supreme People's Court and deputy director of the Juvenile Court Work Office, introduced three civil cases concerning the judicial protection of the rights and interests of minors.
The first is about the parent's raising of minor children.
The Civil Code clearly stipulates that parents have the obligation to raise, educate and protect their minor children.
But in reality, parents are unwilling to raise minor children for various reasons.
A typical case in this release is that both parties lived together during their relationship and gave birth to an illegitimate daughter, but after the relationship was terminated, they were unwilling to raise the child. At first, the child’s grandparents were raised by the child’s grandparents, but later due to the old age of the grandparents. , Unable to continue to take care of, reported to the local village committee many times.
In the end, the Women's Federation filed a lawsuit on behalf of the minor child, and the court ruled that his parents fully fulfilled their duty of support.
The typical significance of this case is that there are many problems in the trial practice of the rearing of left-behind children similar to this case. Although the parents of these minors did not directly infringe the legal rights and interests of the minors, they were negligent in fulfilling their guardianship obligations and kept the minor children behind. The lack of adequate financial and safety guarantees for the elderly to care for the elderly, and the lack of parental care and education have caused some minors to be psychologically imbalanced, go astray, or even go into the abyss of crime.
In this case, the court actively explored the model in which women’s federations, juvenile protection organizations and other institutions directly act as plaintiffs to file lawsuits on behalf of minors, providing a way for urging the minor’s parents to perform their parental duties and solving the practical problems of parents’ failure to perform guardianship duties. Useful reference.
The second is the issue of revoking the guardianship rights of parents who are slack in performing guardianship duties.
In recent years, cases of parents neglecting to perform guardianship of minor children or seriously infringing on the rights and interests of minor children have occurred from time to time, which has impacted the bottom line of social morality.
The case published this time is a typical situation.
The woman involved in the case abandoned her baby girl after giving birth, which is no longer suitable for performing her guardianship duties. The court applied to revoke her guardianship according to the Civil Affairs Bureau, and at the same time designated a child welfare institution under her to raise the baby girl.
The typical significance of the case is that state organs and social organizations are an important supplement to family guardianship and a strong backing for protecting the legitimate rights and interests of minors.
Minors are often unable to protect themselves due to age, intelligence, and other reasons. If the closest parents are negligent in performing their duties or serious infringements, who will protect the rights of these minors?
This time the compilation of the Civil Code has revised and improved the guardianship system. It clearly stipulates that those who do not have legal guardianship qualifications shall be the guardians of the civil affairs department. A comprehensive protection system has been established for minors to protect their healthy growth. .
The third is about minors' participation in live broadcasts and rewards.
With the widespread use of smart phones and mobile payment methods, disputes caused by minors’ live rewards and virtual recharge consumption are not uncommon.
In particular, how to determine the validity of contracts for rewards and purchases made by minors using adult relatives’ accounts has aroused heated discussions in the community.
The case published this time is very typical.
The minor involved in the case used the bank card used by his parents for the transfer of business funds to repeatedly transfer funds to the account of a technology company for rewarding the anchor of the live broadcast platform. The reward amounted to nearly 1.6 million yuan.
The case went through the mediation work of the People's Court for many times of defense and analysis, and finally the two parties settled out of court. The company voluntarily returned nearly 1.6 million yuan in rewards.
The typical significance of this case is that most of the disputes involving online rewards and online games in judicial practice are people with restricted capacity, that is, minors over 8 years old.
When these people play games or give rewards online, there are thousands or tens of thousands, which is obviously not suitable for their age and intellectual level.
In the absence of ratification by the legal representative, his behavior shall be invalid.
The "Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic (2)" provides rules and guidelines for minors to participate in online paid games and online rewarding disputes.
The opinion is clear that if a person with limited capacity for civil conduct participates in online paid games or "rewarding" on online live broadcast platforms without the consent of his guardian, he spends money that is not suitable for his age or intelligence, and the guardian requests the network service provider to return the money, The people's court should support it.
The regulations give more consideration to the protection of the legitimate rights and interests of minors, and at the same time guide network companies to further strengthen their social responsibilities and create a good network environment for the healthy growth of minors.
Zheng Xuelin pointed out that in the next step, people’s courts at all levels will thoroughly implement the Civil Code, the Law on the Protection of Minors, the Law on Anti-Domestic Violence and other relevant laws and regulations, adhere to the principle of maximizing the interests of minors, and ensure that minors are in accordance with the law. Get special and priority protection.
Through hearing various cases involving minors’ family matters, contracts, or torts in accordance with the law, the judicial protection of minors’ civil rights and interests has been effectively strengthened.
Further improve the methods and working mechanisms of family trials, vigorously promote the integrated development of juvenile trials and family trials, improve the legal and social effects of handling juvenile cases, effectively protect the legitimate rights and interests of minors, promote family harmony, and maintain social stability .