On January 23, the Supreme People's Court and China Central Radio and Television Station officially released the top ten cases of promoting the rule of law in the new era in 2021.
1. Lai Xiaomin's bribery, corruption and bigamy cases
This is a shocking corruption case in the financial field. Lai Xiaomin, former secretary of the Party Committee and former chairman of China Huarong Asset Management Co., Ltd., on January 5, 2021, Tianjin No. 2 Intermediate People's Court charged with bribery, embezzlement and Lai Xiaomin was sentenced to death for the crime of bigamy, deprived of his political rights for life, and confiscated all his personal property.
The reason why Lai Xiaomin was sentenced to capital punishment for corruption is that the four striking "specials" in the verdict give the answer: the amount of bribes is particularly huge, the circumstances of the crime are particularly serious, the social impact of the crime is particularly bad, and the interests of the country and the people suffer particularly. huge loss.
The judicial authority finally determined that from 2008 to 2018, Lai Xiaoming received and asked for a total of RMB 1.788 billion in property, which is the corrupt official with the largest amount of bribes accepted by the people's courts so far.
Lai Xiaomin not only accepted a huge amount of bribes, but also had a particularly serious crime. He had many serious circumstances, such as actively soliciting bribes from others. The social impact of criminal behavior is particularly bad.
In order to satisfy his personal greed, Lai Xiaomin violated national policies and participated in some projects that state-owned financial institutions were explicitly prohibited from participating in, which eventually led to problems in some huge investment and money-lending businesses, and it was difficult to recover funds. Significant economic losses and financial risks, causing particularly heavy losses to the interests of the country and the people.
The court held that, although Lai Xiaomin had significant meritorious performance after his arrival in the case, the circumstances of Lai Xiaomin's "major meritorious performance" due to his four "specials" were not enough to give him a lenient punishment.
After Lai Xiaomin filed an appeal, the Tianjin Higher People's Court ruled to reject the appeal and upheld the original judgment. With the approval of the Supreme People's Court, on the morning of January 29, 2021, the Tianjin Second Intermediate People's Court executed the death penalty against Lai Xiaomin in accordance with legal procedures. Subduing the law and punishing it as a crime.
2. The first criminal case of infringing on the honor of heroes and martyrs
The western border of China, the Karakoram Plateau, in June 2020, foreign troops blatantly violated the agreement between the two sides and blatantly crossed the line to provoke.
Qi Fabao, head of a border defense regiment of the Army, led several officers and soldiers to negotiate on the grounds that they were violently attacked by the other side.
Facing foreign troops several times his own, Qi Fabao and his comrades fought to the death and defended the territorial sovereignty of the motherland.
In February 2021, the heroic deeds of 5 officers and soldiers defending the country's borders were publicized for the first time. "I would rather drain my blood and not lose an inch of the country." Chen Xiangrong's affectionate confession of "clear love, only for China" has aroused the emotional resonance of the whole society.
However, on the morning of February 19, a Weibo blogger named "Spicy Pen Xiaoqiu" posted two Weibo posts successively, distorting the heroic deeds of the officers and soldiers of the frontier defense, and denigrating the patriotic spirit of the officers and soldiers of the frontier defense.
The two "spicy eye" Weibo posts, "Spicy Pen Xiaoqiu", spread rapidly on the Internet, causing bad social impact and arousing strong public indignation.
On February 20, the criminal suspect Qiu Ziming, whose online name is "Spicy Pen Xiaoqiu", was criminally detained by the public security organs in accordance with the law.
In the past, most of these cases were investigated for civil liability. The Criminal Law Amendment (Eleven), which came into effect on March 1, 2021, specially added the crime of infringing upon the honor and honor of heroes and martyrs, marking my country's protection of the honor and honor of heroes and martyrs. In terms of civil, administrative and criminal regulations, the three levels of regulation have been fully established.
The "Spicy Pen Ball" case became the first nationwide case after the establishment of the crime of infringing on the honor and honor of heroes and martyrs.
On May 31, 2021, the People's Court of Jianye District, Nanjing City, Jiangsu Province sentenced the defendant Qiu Ziming to eight months in prison for the crime of infringing upon the honor and honor of heroes and martyrs; after the sentence was pronounced, Qiu Ziming did not appeal.
Yang Hao, President of the Criminal Division of the Jianye District People's Court in Nanjing City, Jiangsu Province: Those who pay everyone's wages must not freeze to death in the wind and snow.
The people's reaction to this act was very strong, and it can be said that the public was indignant. We believe that such an act is completely in line with the crime of infringing on the honor and honor of heroes and martyrs.
3. "10.18" Extraordinary Cross-border Telecommunications Fraud Case
A phone call, a text message, or pretending to be customer service to return a refund, or pretending to be a public security officer to intimidate and coax, a "winning" brings a series of traps, and behind the sweet words hide a dangerous "killing pig". , repeatedly.
Electricity fraud "cancer", the public enemy of the people; eradication of public nuisances is the hope of the people.
In order to prevent and control the fight, "fighting" is the first priority. Political and legal organs at all levels take the law as the sword, and severely punish the crimes of telecommunication and network fraud in the whole chain.
In April 2021, the "10.18" extra-large series of telecom fraud cases will be heard in the Chengdu Railway Transportation Intermediate People's Court.
This is a cross-border fraud crime with a concealed modus operandi, a large number of people involved, and a particularly huge amount of money involved.
The court found that in March 2019, the principal suspect Su Moumou and others set up a telecommunications network fraud den in the Philippines, employed more than 100 defendants Zhu Moumou and Dong Mou, and used dating software to recommend fake gambling websites, and tricked more than 1,500 victims into recharging. Participated in gambling, involving a total amount of more than 104 million yuan.
On June 16, 2021, the two-level court of Chengdu Railway Transportation announced the verdicts in a centralized manner. The 98 defendants involved were sentenced to fixed-term imprisonment ranging from 12 years to one year for the crime of fraud and the crime of helping information network criminal activities. Thirty-five people were sentenced to more than five years in prison, with a heavy sentence rate of 40%, and 98 defendants were sentenced to a total of more than 24 million yuan in fines.
Xu Xiang, Chief Judge of the "10.18" Extraordinary Cross-border Telecommunications Network Fraud Case of the Chengdu Railway Transportation Intermediate Court: Adhere to the two-pronged approach of criminal crackdown and economic crackdown, and make full use of the legal means to strictly crack down on telecommunications and network fraud crimes, so as to form a legal system for telecommunications and network fraud crimes. high pressure (strike) situation.
The fierce medicine to eliminate the stigma and the heavy fist to create a threat, the "10.18" series of cases were tried severely and severely punished according to the law, which effectively deterred the crime of telecommunication and network fraud, and demonstrated the judiciary's position and strength to serve the people and eliminate "deception". .
4. The Murder Case of the Passion Fruit Girl
This is a murder case against minors that is unbearable to mention but difficult to let go of.
Yang Xiaoyan, a primary school student in Lingshan County, Qinzhou, Guangxi, was only 10 years old when she was killed.
At noon on October 4, 2018, Xiaoyan was selling passion fruit alone near her home. Just as she was walking on the path home, a pair of evil eyes stared at Xiaoyan.
Yang Guangyi, a 29-year-old villager in the same village, had an evil idea when he saw Xiaoyan selling passion fruit alone, and kidnapped Xiaoyan to a nearby mountain. Xiaoyan shouted for help, and Yang Guangyi squeezed Xiaoyan's neck, causing the girl to fall into a coma on the spot. Afterwards, Yang Guangyi raped and killed a 10-year-old girl using a folding knife, a snakeskin bag and other tools for committing crimes.
On the second day of the crime, Yang Guangyi refused to admit that he committed the crime when confronted by the police.
Two days after the incident, Yang Guangyi, accompanied by his father, surrendered himself to the Shrike Police Station of Lingshan County Public Security Bureau.
On July 12, 2019, the Qinzhou Intermediate Court sentenced Yang Guangyi to death for the crime of rape and deprived him of his political rights for life.
Yang Guangyi refused to accept and appealed.
On March 25, 2020, the Guangxi High Court made a second-instance judgment, commuting the sentence of Yang Guangyi's death sentence with a two-year reprieve, based on the fact that Yang Guangyi surrendered himself, and could be given a lighter sentence in accordance with the law and a suspended death sentence.
After the verdict was changed in the second instance, Yi Shi caused a thousand waves, and the murder of the Passion Fruit girl aroused heated public debate. If the devil can be forgiven by the law for surrendering himself, how to protect the minors in accordance with the law?
There are five children in the Yang family. Xiaoyan's father died when she was one year old because of her righteousness and bravery. The life of the whole family of six has been supported by her mother's odd jobs. So a lawyer was entrusted to file a complaint with the Guangxi High Court.
Mother of the murdered girl: So innocent, is there such justice in this world?
Justice cannot be absent, and punishments are final.
On May 10, 2020, the Supreme People's Court decided to review the case of Yang Guangyi's rape. After nearly 6 months of legal review, on November 3, 2020, the Supreme People's Court made a retrial decision, instructing the Guangxi High Court to form another collegial panel to review the case. The case is retrial.
On December 15, 2020, the case of Yang Guangyi was heard in private in the Lingshan County People's Court.
On December 28, 2020, the Guangxi High Court publicly pronounced the judgment, revoked the original second-instance judgment, commuted Yang Guangyi's death sentence, deprived him of his political rights for life, and reported it to the Supreme People's Court for approval according to law.
The Supreme People's Court reviewed and held that the defendant Yang Guangyi's criminal motives were despicable, his criminal methods were particularly cruel, the circumstances of the crime were particularly bad, and the harmful consequences were extremely serious. lenient punishment.
Luo Zhiyong, Deputy Chief Judge of the Trial Supervision Division of the Supreme People's Court: Severely punishing criminal acts that seriously damage the physical and mental health of minors is a clear provision and consistent position of our country's laws.
To protect minors is to protect the future of the country and the hope of the nation.
The Supreme People's Court has always held a zero-tolerance attitude towards crimes of sexual abuse of minors.
V. The first securities class action lawsuit in China
On October 16, 2018, an article exposing the fraud of Kangmei Pharmaceutical's monetary funds appeared on the Internet. Kangmei Pharmaceutical's stock hit the daily limit on the same day, and then fell to the limit for three consecutive days, cutting its market value by half. Tens of thousands of shareholders lost their money and wanted to Cry without tears.
According to the investigation by the China Securities Regulatory Commission, Kangmei Pharmaceutical’s 2016 annual report inflated monetary funds by 22.58 billion yuan; the 2017 annual report inflated monetary funds by 29.94 billion yuan; the 2018 semi-annual report inflated monetary funds by 36.19 billion yuan.
This is the largest financial fraud in the history of the A-share market. The amount of fraud and the evil methods shocked the market.
The financial fraud of listed companies is a "cancer" in the securities market, which seriously harms the legitimate rights and interests of the majority of shareholders and endangers the market order and financial stability.
Previously, the administrative punishment for such acts could only be imposed with a maximum fine of several hundred thousand yuan. The cost of such a bad fraud is extremely low.
But justice will not be absent forever. This time it is no longer "leeks" that are cut, and the financial counterfeiter finally lies on the chopping block.
On March 1, 2020, my country's new "Securities Law" came into effect, which clearly introduced a class action system with Chinese characteristics. Class actions will be initiated in accordance with the law for typical cases with major and bad social impacts. Class actions reduce the cost of rights protection and increase the Illegal cost, the largest fraud case of a listed company has thus become the first case of a securities class action in China. The number of investors involved exceeds 50,000, and the vast majority are small and medium-sized shareholders.
If the case is won, the 52,000 plaintiffs will be the largest number of compensations in the judicial field in my country. How will the lawsuit of the 52,000 plaintiffs be heard?
Li Shuguang, Dean of the Institute of Law and Economics, China University of Political Science and Law: There is a particularly important clause in the Securities Law. This time, it has been added, which is to develop a representative litigation system with Chinese characteristics. As long as the special representative lawsuit is initiated, it will cover All small and medium investors.
Chen Shushu, President of the Financial Trial Division of the Guangzhou Intermediate People's Court: Because our class action is carried out in the form of tacit participation and express withdrawal, as long as investors know that this class action is going on, one does not spend money, and the other does not Take the time, San also does not need to personally participate in the entire court sentence.
On November 12, 2021, as the gavel of the Guangzhou Intermediate People's Court sounded, the nearly three-year-long financial fraud case of Kangmei Pharmaceutical was pronounced in court, and Kangmei Pharmaceutical and other relevant defendants assumed the total amount of investor losses of about 2.459 billion The compensation amount is the highest among similar cases in the domestic A-share market.
6. The first case of the Civil Code's application of "willing to take risks"
On April 20, 2020, Song, who was 70 years old at the time, had a badminton three-on-three match with other golfers in a park in Beijing. During the fierce competition, Zhou smashed the ball to attack and dunked vigorously. Song reached out and raised his racket to defend. Failed, he was hit in the right eye by a badminton on the spot.
After the incident, Song went to the hospital three times and was diagnosed with traumatic intraocular lens dislocation in the right eye. The best corrected visual acuity in the right eye was 0.05, close to blindness, and the medical expenses were 7170.73 yuan.
In this regard, Song believed that Zhou knew that he was old, slow to react, and his eyes had been injured, but he still chose to smash the ball vigorously. Although there was no intention, there was a major negligence, so he sued Zhou to the court for compensation.
On January 1, 2021, the Civil Code, the first law named after the Code of New China, was officially implemented. On January 4, 2021, the People's Court of Chaoyang District, Beijing heard the case publicly. The principle of "willing risk" was applied in court practice for the first time and became the focus of public attention.
The first paragraph of Article 1176 of the "Civil Code of the People's Republic of China" stipulates that: if one voluntarily participates in a cultural and sports activity with a certain risk, and suffers damage due to the actions of other participants, the victim shall not ask other participants to bear the tort liability .
After hearing, the court held that Song's voluntary participation in confrontational competitions with certain risks should be regarded as "self-willing risk" behavior, and the court ruled that all the plaintiff Song's claims were rejected.
One year after the implementation of the Civil Code, the laws on paper have entered daily life and become the norm of judgement and code of conduct. Whether the fetus in the womb has the right to inherit, how the victims of high-altitude parabolas can defend their rights, and whether they will be blackmailed for their courageous actions. The case of the Civil Code shows that the word "min" in the Civil Code is in the first place, it is people-oriented, and it is becoming an "encyclopedia of people's life".
7. The first case of "Face Recognition"
"Scanning the code" and "swiping the face" are now the norm in daily life.
In April 2019, Guo Bing, a citizen of Hangzhou, Zhejiang Province, spent 1,360 yuan to purchase a two-person card for "365-day swimming" in Hangzhou Wildlife World, and decided to enter the park by fingerprint identification.
In October of the same year, the park upgraded the fingerprint recognition to "swipe face" to enter the park, and required users to enter their face information, otherwise they would not be able to enter the park.
In the eyes of most people, "swipe face" authentication is a matter of nodding and blinking at the mobile phone, but Guo Bing believes that face information is highly sensitive personal privacy, and the wildlife world has no right to collect it and does not accept face recognition. Ask the park to return the card.
The garden side believes that the upgrade from fingerprint recognition to face recognition is to improve efficiency.
The negotiation between the two parties failed, and Guo Bing took Hangzhou Wildlife World to court with a complaint.
原告 郭兵：我就发了一个朋友圈，我还感叹我说这家公司收集这个敏感个人信息越来越过分了，这种行为不仅仅是侵犯一我一个人的合法权益，我说所有的年卡用户包括一些可能要去办年卡的用户，他其实都会受到影响。
2020年11月，杭州市富阳区人民法院一审判决，杭州野生动物世界赔偿当事人郭兵合同利益损失及交通费1038元，驳回了郭兵提出的其他诉讼请求。对于判决结果，郭兵与野生动物世界均不服判决、提起上诉。 这起因为“刷脸”而“刷”出的诉讼，成为我国“数字经济背景下人脸识别纠纷第一案”，引发了全社会的高度关注。
2021年4月9日，备受关注的“人脸识别第一案”二审在杭州市中级人民法院开庭，法院判定，杭州野生动物世界赔偿郭兵合同利益损失及交通费共计1038元；删除郭兵办理指纹年卡时提交的包括照片在内的面部特征信息，以及指纹识别信息；并于判决生效之日起十日内履行完毕。
杭州市中级法院主审法官韩圣超：法院是旗帜鲜明地提出，只有在消费者知情同意的前提下，经营者才能收集使用消费者的个人信息，而且必须遵循合法正当必要的原则。
八、吴春红申请再审无罪赔偿案
2020年4月1日是吴春红永生难忘的日子，这一天他被宣告无罪释放，从开始被羁押服刑到重获自由之身，已经过去了整整5612天。
2004年11月，河南省商丘市民权县两名幼童食物中毒、一死一伤，同村村民吴春红被认定为凶手。在此后的三年时间里，商丘市中级人民法院三次以故意杀人罪判处吴春红死缓，河南省高级人民法院三次裁定撤销原判，发回重审。2008年，商丘中院第四次开庭判处吴春红无期徒刑，从此，吴春红和家人走上了多方申诉的漫漫长路。
党的十八大以来，全面依法治国让公平正义前所未有地深入人心、落地有声，罪刑法定、疑罪从无，让一起起冤错案件相继依法得到纠正。2018年9月，最高人民法院指令河南省高级人民法院再审吴春红案，2020年2月24日，河南省高院作出再审判决，撤销一、二审判决，宣告吴春红无罪。
吴春红：终于盼来了，判了无罪，当庭释放，我心里蛮激动。
After the injustice has been settled, she has returned without guilt. Although Wu Wang's prison disaster has ended, the pain and suffering suffered by her body and mind for more than 5,000 days and nights of losing her freedom has become a wound that Wu Chunhong cannot heal.
In June 2020, Wu Chunhong applied for state compensation to the Higher People's Court of Henan Province.
In August 2020, the Higher People's Court of Henan Province issued the "State Compensation Decision", and decided to compensate Wu Chunhong for his violation of personal freedom of more than 1.94 million yuan, as well as 680,000 yuan for mental damage, and apologized to Wu Chunhong.
Wu Chunhong believed that the amount of compensation was too low, and submitted a reconsideration letter to the Supreme People's Court for the application for state compensation.
In wrongful cases, the victim's greatest harm comes from mental damage.
In the process of rule of law in China, the appearance of some "exceptional cases" will mark a clear signpost for the road ahead.
In April 2021, the Supreme People's Court made the (2020) Supreme Court's decision to indemnify No. 25 state compensation, increasing the original 680,000 yuan mental damage consolation fund to 1.2 million yuan.
Zhang Hong, a professor at the Law School of China University of Political Science and Law: Wu Chunhong, because of the wrong execution of the criminal case, caused him to suffer great mental pain early. His body suffered from various diseases, which also affected his production and life. Compensation The decision made by the committee can be said to serve as a good example for the future application of judicial interpretations.
9. Seed deck infringement disputes
Seeds are the "chips" of agriculture, and the protection of intellectual property rights in the seed industry is related to national food security and self-reliance of agricultural science and technology.
General Secretary Xi Jinping emphasized that it is necessary to raise the security of seed sources to a strategic height related to national security, so as to realize the self-reliance and self-improvement of the seed industry in science and technology, and the independent control of seed sources.
The "Jinjing 818" rice variety is a new plant variety developed by the Tianjin Rice Research Institute, and Jiangsu Jindi Seed Technology Co., Ltd. has the exclusive right to implement it.
Jiangsu Qingengtian Agricultural Industry Development Co., Ltd. searches for potential traders through WeChat groups without permission, and provides "Jinjing 818" seed transaction information after charging a membership fee, and arranges delivery according to the needs of buyers.
Gemdale believed that the acts of Qingengtian Company constituted infringement, and petitioned the court to order Qingengtian Company to stop the infringement and compensate 3 million yuan for economic losses.
Qingongtian said that it only provided information on self-retained seeds to the seed supply and demand parties, and the supply and demand parties traded on their own, and did not sell the alleged infringing "Jinjing 818" rice seeds.
The court of first instance held that the assistance provided by Qingengtian Company in reaching the involved seed transaction constituted infringement, and punitive damages were applied, and the judgment supported Gemdale Company in all its claims.
The Qingongtian Company refused to accept the judgment and filed an appeal.
In the second instance, the Supreme People's Court held that it should be determined that Jingengtian Company was the organizer and decision maker of the transaction, which constituted a sales infringement, and the first instance court determined that the assisting infringement should be corrected.
Qingengtian Company did not obtain a seed production and business license and illegally sold "white leather bag" seeds. The circumstances of the infringement were serious. The court of first instance was correct in applying punitive damages based on twice the compensation base, so the appeal was dismissed and the original judgment was upheld.
Luo Xia, Chief Judge of the Second Collegiate Panel of the Intellectual Property Tribunal of the Supreme People's Court: The fundamental to achieve the goal of revitalizing the seed industry is to stimulate technological innovation in the seed industry, and the key is to protect the intellectual property rights of the seed industry.
In this case, punitive damages were applied according to the circumstances of infringement, and the amount of compensation of 3 million yuan was finally determined, demonstrating the firm determination to combat seed infringement, purify the seed industry market, and protect the intellectual property rights of the seed industry.
10. The Green Peacock Preventive Protection Public Interest Litigation Case
The green peacock, a national first-class protected animal, is listed in the "Red List of Threatened Species of the International Union for Conservation of Nature". It is extremely beautiful and critically endangered. The wild green peacock is unique and rare.
This precious image was taken in: Yunnan Green Juice River Valley.
This is the last intact green peacock habitat in China.
In March 2016, construction of a hydropower station started on the Gansa River, the main stream of the Lvju River. For the last green peacock in China, it may be a disaster that is approaching.
In July 2017, the Ministry of Ecology and Environment ordered hydropower project construction companies to carry out post-environmental impact assessments. Before that, water storage and power generation were not allowed. At the same time, non-governmental environmental protection organizations filed a public interest lawsuit in the court, demanding that the construction of hydropower stations be stopped.
At this time, the hydropower station construction project has completed some works and built a diversion tunnel. Fang Xinping, the construction company that invested a high cost, suspended the construction and waited for the court's decision.
The existence and death of the green peacock and the decommissioning of the hydropower station are intertwined, and the "green peacock case" has become the first preventive environmental public interest litigation case for the protection of rare wild animals and plants in my country.
The particularity of the case is that the environmental damage in this case is only a major risk, but it has not actually occurred, and the circumstances of the infringement are not yet clear.
In August 2018, the "Green Peacock Protection Public Interest Litigation Case" was heard in the Environmental Resources Tribunal of the Kunming Intermediate People's Court. In March 2020, the Kunming Intermediate People's Court made a first-instance verdict, believing that the plaintiff had provided evidence to prove the submersion of the hydropower station involved in the case. The area constitutes the biological habitat of the green peacock. Once it is submerged, it is likely to cause serious damage to the survival of the green peacock. Therefore, it is judged that the construction party shall immediately stop the construction of the hydropower station project involved in the case under the existing environmental impact assessment, and shall not intercept and store water. The vegetation in the submerged area of the hydropower station shall not be cut down.
After the first-instance judgment was pronounced, both the plaintiff and the defendant appealed.
In December 2020, the Yunnan Provincial Higher People's Court upheld the first-instance judgment in the second instance, preserving the last home for the "green peacock" to survive.
Xiang Kai, presiding judge of the second instance: Our environmental protection law is very clear that protection must be given priority, and prevention must also be given priority. In this case, we must not wait until there are consequences for damage, and the costs and expenses are high.
Clear waters and lush mountains are invaluable assets. This preventive public interest lawsuit eliminates ecological environment damage before the damage occurs, and provides a useful reference for the preventive protection of biodiversity, especially endangered species.
The "Green Peacock Case" was rated as the top ten biodiversity cases in the world by foreign parties at the World Environmental Justice Conference. As the only case in my country's judicial field, it was selected for the 15th Conference of the Parties to the United Nations Convention on Biological Diversity. Exhibition China Exhibition area.
Building a community of life on earth requires a deep reverence for nature!
The selection activity of the "Top Ten Cases for Promoting the Rule of Law in the New Era" co-sponsored by the Supreme People's Court and China Central Radio and Television Station has been successfully held for four sessions. This activity has been officially launched since December 3, 2021. The various cases concluded were screened and preliminarily evaluated, and a total of 40 candidate cases were selected for online voting.
A total of 120 million votes were received from netizens. Based on the voting results of netizens, the expert committee finally selected the top ten cases and top ten nomination cases for promoting the rule of law in the new era.
(CCTV reporter Wu Chuang Yang Yang Xiong Bing Xi Dan Ni Guo Peng Shi Yunsong Wubing Zhang Gang Zhang Sai Chen Yu Ye Huan Wang Dan)