On January 22, 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 hold salaries for everyone should 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 People's Court: Adhere to the two-pronged approach of criminal crackdown and economic crackdown, make full use of the legal means to strictly crack down on the crime of telecommunications network fraud, and form a legal framework for telecommunications and network fraud. The high-pressure (strike) situation of Internet fraud crimes.
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.
2019年7月12日，钦州中院以强奸罪一审判处杨光毅死刑，剥夺政治权利终身。杨光毅不服，提出上诉。2020年3月25日，广西高院作出二审判决，改判杨光毅死刑，缓期二年执行，依据是杨光毅投案自首，可以依法从轻，改判死缓。
二审改判后，一石激起千层浪，百香果女童遇害案引发公众热议，如果恶魔可以因为自首而被法律宽恕，那如何依法保护未成年人？
杨家共有五个孩子，晓燕的父亲在她一岁时因见义勇为离世，全家六口人的生活一直靠母亲打零工勉强支撑，丧女之痛与改判结果，让晓燕的母亲无法接受，于是委托律师向广西高院提起申诉。
被害女童的母亲：太无辜了，这世上有这样的公道吗？
正义不可缺席，罪刑终有法定。2020年5月10日，最高人民法院决定对杨光毅强奸一案调卷审查，经过近6个月的依法审查，2020年11月3日，最高人民法院作出再审决定，指令广西高院另行组成合议庭对本案进行再审。
2020年12月15日，杨光毅一案在灵山县人民法院不公开开庭审理。2020年12月28日，广西高院公开宣判，撤销原二审判决，改判杨光毅死刑，剥夺政治权利终身，并依法报请最高人民法院核准。
最高人民法院复核认为，原审被告人杨光毅犯罪动机卑劣，犯罪手段特别残忍，犯罪情节特别恶劣，危害后果特别严重，既违国法，又悖天理，更逆人情，虽有自首情节，不足以对其从宽处罚。
最高人民法院审判监督庭副庭长 罗智勇：严厉惩处严重损害未成年人身心健康的犯罪行为，是我国法律的明确规定和一贯立场。保护未成年人就是保护国家的未来、民族的希望。最高人民法院对于性侵害未成年人的犯罪行为历来持零容忍的态度。
五、中国证券集体诉讼第一案
2018年10月16日，一篇揭露康美药业货币资金造假的文章出现在网上，康美药业股票当天盘中触及跌停，之后连续三天跌停，市值腰斩，数万名股民血本无归、欲哭无泪。
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.
Plaintiff Guo Bing: I just posted a circle of friends, and I also sighed that I said that this company is collecting this sensitive personal information more and more excessively. Annual card users include some users who may want to apply for annual cards, and they will actually be affected.
In November 2020, the People’s Court of Fuyang District, Hangzhou City ruled in the first instance that Hangzhou Wildlife World compensated Guo Bing for the loss of contractual interests and transportation expenses of 1,038 yuan, and rejected other claims made by Guo Bing.
Regarding the verdict, Guo Bing and Wild Animal World refused to accept the verdict and appealed.
This lawsuit, which was "swiped" because of "swiping your face", has become my country's "first case of face recognition disputes in the context of the digital economy", which has aroused great attention from the whole society.
On April 9, 2021, the second instance of the much-watched "Facial Recognition First Case" was held in the Hangzhou Intermediate People's Court. The court ruled that Hangzhou Wildlife World should compensate Guo Bing for the loss of contractual interests and transportation expenses totaling 1,038 yuan; delete Guo Facial feature information, including photos, and fingerprint identification information submitted by the soldier when applying for the fingerprint annual card;
Han Shengchao, the presiding judge of the Hangzhou Intermediate People's Court: The court clearly stated that operators can only collect and use consumers' personal information on the premise of consumers' informed consent, and they must follow the principles of legality, justification and necessity.
8. Wu Chunhong's application for retrial for innocence compensation
April 1, 2020 is an unforgettable day for Wu Chunhong. On this day, he was acquitted and released. A full 5,612 days have passed since he started serving his sentence in custody and regained his freedom.
In November 2004, two young children in Minquan County, Shangqiu, Henan Province suffered food poisoning and one was killed and the other injured. Wu Chunhong, a villager in the same village, was identified as the murderer.
In the following three years, the Shangqiu City Intermediate People's Court sentenced Wu Chunhong to death three times for intentional homicide, and the Henan Provincial Higher People's Court ruled to revoke the original sentence three times and remanded the case for retrial.
In 2008, the Shangqiu Intermediate Court sentenced Wu Chunhong to life imprisonment for the fourth time.
Since the 18th National Congress of the Communist Party of China, the comprehensive rule of law in the country has made fairness and justice more popular in the hearts of the people than ever before.
In September 2018, the Supreme People's Court ordered the Henan Provincial Higher People's Court to retry the Wu Chunhong case. On February 24, 2020, the Henan Provincial High Court made a retrial judgment, revoked the first and second-instance judgments, and declared Wu Chunhong innocent.
Wu Chunhong: I was finally looking forward to it. I was acquitted and released in court. I was very excited.
The injustice is clear, and the innocent has returned. Although Wuwang's prison disaster has ended, the pain and suffering suffered by Wu Chunhong for more than 5,000 days and nights of losing his 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 suffered great mental pain due to the wrong execution of the criminal case. His body suffered from various diseases, which also affected his production and life. The Compensation Commission The decision can be said to play a good role in 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.
2018年8月，“绿孔雀保护公益诉讼案”在昆明市中级人民法院环境资源审判庭开庭审理，2020年3月，昆明市中院做出一审判决，认为原告已举证证明案涉水电站的淹没区构成绿孔雀在生物学上的栖息地，一旦淹没，很可能对绿孔雀的生存造成严重损害，因此，判决建设方在现有环境影响评价下，立即停止案涉水电站项目建设，不得截流蓄水，不得对该水电站淹没区内植被进行砍伐。
一审宣判后，原被告两方均提起上诉。2020年12月，云南省高级人民法院二审维持一审判决，保住了“绿孔雀”赖以生存的最后家园。
二审审判长 向凯：我们的环境保护法里面非常明确，保护要优先，预防也要优先，那么在这种情况下，肯定不能等到有损害后果的时候我们再来处置，成本费用都很高。
绿水青山就是金山银山，这起预防性公益诉讼把生态环境损害消灭在损害发生之前，为生物多样性特别是濒危物种的预防性保护提供了有益借鉴。“绿孔雀案”在世界环境司法大会上，被外方评为全球十大生物多样性案例之首，作为我国司法领域唯一案例入选联合国《生物多样性公约》第十五次缔约方大会展览中国展区。共建地球生命共同体，需要深怀对自然的敬畏之心！
由最高人民法院与中央广播电视总台共同主办的“新时代推动法治进程十大案件”评选活动已成功举办四届，本届活动自2021年12月3日正式启动，通过对全国法院2021年所审结的各类案件进行筛选和初评，共选出40个候选案例展开网络投票。共收到网民投票1.2亿张，综合网民投票结果，经专家委员会评选，最终评选出新时代推动法治进程十大案件和十大提名案件。
(总台央视记者 吴闯 杨阳 熊冰 奚丹霓 国鹏 石云松 武兵 张岗 张赛 陈昱 叶奂 王丹)