The Supreme People's Court Releases Typical Cases of Crimes Involving Violations of the Rights and Interests of Women and Children

Case 1: Ma Youxiang and Xiong Jinyi's Abduction and Trafficking in Women Case

【Basic Case】

On a day at the end of October 2013, the defendant Ma Youxiang and others, introduced by the defendant Xiong Jinyi, sold Huang, a Vietnamese woman who had been abducted into Yunnan Province, to Gao Zhangjun in Xuancheng City, Anhui Province for 62600 yuan as his wife, and Xiong Jinyi received a "referral fee" of 10000 yuan. From November 2013 to February 2014, Ma Youxiang was introduced by Xiong Jinyi and worked with Liu Meiying (co defendant, sentenced) and others to sell Vietnamese women Chong, Ma, and Huang who were abducted into Yunnan Province to Guan Jun, Wang Peng, and Wu Xinlei in Xuancheng City, Anhui Province for prices ranging from 56000 to 76000 yuan. Xiong Jinyi participated in introducing the abduction and trafficking of three Vietnamese women from 2011 to 2012.

【 Judgment result 】

After trial, the court found that the defendants Ma Youxiang, Xiong Jinyi, and others engaged in trafficking in abducted women for the purpose of selling, and their actions constituted the crime of trafficking in women. In joint crimes, Ma Youxiang plays a major role and is the principal offender. Xiong Jinyi plays a secondary role and is an accomplice, and can be given a mitigated punishment in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Ma Youxiang was sentenced to 11 years and 9 months in prison for the crime of kidnapping and trafficking in women, and a fine of RMB 60000 was also imposed; The defendant Xiong Jinyi was sentenced to seven years and nine months in prison for the crime of kidnapping and trafficking in women, and was also fined RMB 30000.

【Typical significance】

With the increasing exchanges between China and neighboring countries, some illegal elements collude with overseas personnel to engage in criminal activities of kidnapping and trafficking in foreign women, seriously infringing on women's personal freedom and dignity, and affecting China's international image. In this case, the defendant Ma Youxiang, together with the defendant Xiong Jinyi, sold multiple Vietnamese women to others as wives. The people's court sentenced each defendant to corresponding penalties based on their criminal facts, circumstances, harmful consequences, and their position and role in the joint crime. This demonstrates the determination of China's legal system to uphold equal protection of the personal rights and interests of women and children from all countries in China, and to resolutely punish all trafficking crimes with severity.

Case 2: Shi Meili's Intentional Murder Case

【Basic Case】

The defendant Shi Meili and the victim Zhang Huichang have a marital relationship. Zhang Huichang often beats and scolds Shi Meili without reason, and Shi Meili reported this to the police in 2012. At around 19:00 on May 19, 2014, Zhang Huichang continued to insult and beat Shi Meili due to trivial matters, and smashed his phone and other items at home. At around 5:30 the next day, Shi Meili harbored resentment for being beaten and scolded by Zhang Huichang for a long time, and thus began to think of killing Zhang Huichang. Shi Meili took advantage of Zhang Huichang's deep sleep and hit his left head and face several times with an iron hammer at home. After seeing Zhang Huichang bleeding in the head, she asked her son Zhang Lei, who lived in the same building, to call "120" for rescue. Later, Shi Meili, along with her relatives and friends, sent Zhang Huichang to the hospital for rescue, but failed and died. After the incident, Shi Meili voluntarily surrendered to the public security organs.

【 Judgment result 】

After trial, the court found that the defendant Shi Meili intentionally killed her husband Zhang Huichang with weapons, which constitutes intentional homicide and should be punished in accordance with the law. Shi Meili intentionally committed murder due to unbearable long-term domestic violence by Zhang Huichang. Prior to the incident, Zhang Huichang insulted and assaulted Shi Meili for a long time for family matters. Zhang Huichang had a major fault in causing this case. After discovering Zhang Huichang's head bleeding, Shi Meili took the initiative to send Zhang to the hospital for rescue. The intentional homicide was minor and could be given a lighter punishment as appropriate; If one voluntarily surrenders after the incident, they may be given a lighter punishment in accordance with the law. According to the Criminal Law and relevant regulations, the defendant Shi Meili was sentenced to four years in prison for intentional homicide.

【Typical significance】

This case is a typical case of a woman who suffered from domestic violence "using violence to control violence", resulting in the death of the perpetrator. According to the opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on handling cases of domestic violence crimes in accordance with the law, intentional killing of perpetrators who have suffered significant physical and mental damage due to severe domestic violence; Alternatively, if the perpetrator is intentionally killed due to unbearable long-term domestic violence, and the circumstances of the crime are not particularly harsh and the methods are not particularly cruel, it can be considered as intentional homicide as stipulated in Article 232 of the Criminal Law, with a "lighter circumstances". In this case, the people's court comprehensively considered factors such as the victim committing domestic violence before the incident, having significant faults, and the defendant voluntarily surrendering after the incident, actively participating in rescue, subjective malignancy, and relatively low personal danger. The lenient punishment given to the defendant better reflects the criminal policy of combining leniency with severity.

Case 3: Huang Zexue's Rape Case

【Basic Case】

From the winter of 2003 to 2014, the defendant Huang Zexue repeatedly sexually assaulted his stepdaughters Jin Moujia (victim, born in 1990), Jin Mouyi (victim, born in 1992), and Jin Mouc (victim, born in 1995) through financial inducement, assault, and threats. During the residence and study period of Jin Mouyi, Huang Zexue also sent a text message to Jin Mouyi's classmate's phone, threatening that Jin Mouyi must return home and continue having sexual intercourse with him. One day in May 2014, Huang Zexue instructed his biological daughter to lure female classmate Jin (born in October 2001) to stay at his home. He attempted to rape Jin while he was sleeping, but Jin resisted and offered to go home, but failed.

【 Judgment result 】

After trial, the court found that the defendant Huang Zexue used violence, threats, and other means to commit long-term rape of three stepdaughters under the age of 14, and attempted rape of Jin, who was under the age of 14, all constituted the crime of rape and should be punished severely in accordance with the law. The plot of Huang Zexue's crime is particularly severe, and the consequences are particularly serious. In accordance with the relevant provisions of the Criminal Law, the defendant Huang Zexue was sentenced to life imprisonment and deprived of political rights for life for the crime of rape.

【Typical significance】

This case is a typical case of a stepfather raping a young stepdaughter. According to the Criminal Law of our country, those who engage in sexual intercourse with a young girl under the age of 14 are considered as rape and given a heavier punishment. This type of sexual assault that occurs within the family has a high degree of concealment, and the victim is often overlooked for a long time, causing significant physical and mental damage. Moreover, this behavior seriously undermines the basic ethical and moral values of society and families. In view of this, the Opinion on Punishing Sexual Offences Against Minors in accordance with the Law jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice stipulates that those who commit rape against minors who have guardianship responsibilities and have a common family life relationship with minors must be severely punished. The defendant in this case, Huang Zexue, as the stepfather of three young victims, took advantage of the convenience of living with the victims and repeatedly committed adultery against them over a period of more than ten years. This not only seriously infringed on the physical and mental health of the victims, but also seriously violated social ethics. The social harm was great, and the impact was extremely severe, ultimately being severely punished by the law. The occurrence of this case serves as a warning to minors and their guardians or close relatives that they should enhance their awareness and ability to prevent sexual assault. Once a crime is discovered, they should be brave enough to expose and stop the crime, and prevent the lawless elements from taking advantage of it and causing greater harm. At the same time, society and schools should also strengthen awareness education for minors to prevent various violations. According to the provisions of the Anti Domestic Violence Law, schools have the obligation to report to the public security organs if they discover that minors have been harmed by family members.

Case 4: Li Zhengqin's Intentional Injury Case

【Basic Case】

The defendants Li Zhengqin and Shi Moujia registered their marriage in 2010, and each had a daughter before the marriage. In the second half of 2012, Li Zhengqin and his wife brought the victim, Shi Moumou (male, 8 years old at the time of the crime), the son of Li Zhengqin's cousin Zhang Mou, from Anhui Province to Nanjing City, Jiangsu Province for custody. Shi Moumou was then under Li Zhengqin's actual guardianship. In June 2013, Li Zhengqin and his wife went to the Civil Affairs Bureau to handle the procedures for adopting Shi. On the evening of March 31, 2015, Li Zhengqin believed that Shi was lying and used bamboo "scratch rakes" and plastic "jump ropes" to beat Shi at his home, causing more than 150 bruises on his body surface. According to forensic identification, the area of contusion on Shi's trunk, limbs, and other parts is 10% of his body surface area, and the damage he has suffered constitutes a minor injury of level one. After the incident, Shi's biological parents reached a settlement agreement with Li Zhengqin and expressed understanding for Li Zhengqin's behavior.

【 Judgment result 】

The court believes that the defendant Li Zhengqin intentionally injured the victim Shi's body, causing serious consequences of a minor injury to Shi, and his behavior has constituted the crime of intentional injury. After the incident, Li Zhengqin voluntarily appeared at the scene after being notified by the public security organs to truthfully confess his main crimes, which constituted voluntary surrender and could be given a lighter punishment in accordance with the law; With the understanding of the victim Shi and his biological parents, a lighter punishment may be given as appropriate. According to the relevant provisions of the Criminal Law, the defendant Li Zhengqin was sentenced to six months in prison for the crime of intentional injury.

【Typical significance】

This case is a typical case of violating criminal law due to improper methods and means during the process of disciplining minors. Parents or other guardians of minors have the right and obligation to raise and educate minors in accordance with the law, but minors are not the private property of anyone, and their basic rights such as personal dignity, life and health should not be illegally infringed upon. Parents or other guardians shall not discipline minors beyond legal boundaries. As the ultimate guardian of minors, the state has the power and responsibility to supervise and intervene in actions that infringe on their legitimate rights and interests. In this case, although the defendant acted out of concern and education for the victim, he violated the victim's physical and mental health through violent means, causing serious consequences and constituting a crime, which should be punished by national laws. After the occurrence of this case, in order to achieve special and priority protection for underage victims, relevant departments have provided basic housing, living and education guarantees for the victims.