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2023-08-09
On November 24, 2014, the Supreme People's Court released 98 typical cases of juvenile justice work
catalogue
1. Sun gathered a crowd to engage in a brawl case
2. Case of Ma Buying and Selling State Agency Documents
3. Zhang's robbery and provocation case
4. Wang's intentional injury case
5. Wang's Robbery Case
6. Wang's provocation and intentional injury case
7. Liu's intentional injury case
8. Zhao's case of stealing and illegally providing credit card information
9. Case of Zhang fabricating false terrorist information
10. Jin's Robbery Case
11. Le Moumou arson case
12. Zou Moumou's case of child molestation
13. The rape case of Liu and Zhou
14. Robbery case by Shan and others
15. The rape case of Bo Xiaokuang
16. Xu Dejiang's child molestation case
17. Zhang Zongya's rape and forced child molestation case
18. Liu Lei's rape case
19. Liu's rape case
20. Wu Yuzhen's abduction and trafficking of children case
21. Xu Gu Chuan's Intentional Injury Case
22. Liu's Forced Prostitution and Bribery of Abducted Women
23. Robbery by He, Chen, and Bian
24. Wang Huaizhi and Yang Lixian Abandonment Case
25. Case of Guo Mourong and Guo Mouhui Selling and Transporting Drugs
26. Lin Min's intentional injury case
27. Cases of provocation and trouble caused by Lin, Chen, and others
28. Ma Yimou and Ma Fumou Rape Cases
29. Xu's Fraud Case
30. Zhang's Case of Opening a Casino
31. Yin Mouchang's Case of Robbing and Killing Foster Parents
32. Wu et al. Campus Shooting Case
33. The case of Lu Moumou and other 12 minors participating in criminal organization
34. Case of provocation and trouble caused by underage criminal gangs such as Huang Mouxiong
35. Seven minors including Luo gathered to engage in a brawl for retrial
36. Case of Cai's placement of hazardous substances
37. Case of intentional injury to three minors including Mo
38. Robbery case by Fang and others
39. Liang's Robbery Case
40. Li's theft case
41. Case of He Moujin and others setting fire to burn down a temple
42. Case of intentional injury by Zhu Mouquan and others
43. Wang's theft case
44. Dong and Song robbery cases
45. Li and Cheng intentional homicide cases
46. Robbery by Sun, Song, Tao, and Li
47. Wang Yongzhi, Zhao Jia, Ding Mouli, and Ding Moutian's provocation and trouble shooting case
48. Wu's theft case
49. Case of intentional injury by Ji Moumou
50. Cases of intentional injury to 12 individuals including Gao Yang, Liang, and Cui
51. Cao's Robbery Case
52. Zhao's intentional injury case
53. Wang's theft case
54. Yang's intentional homicide case
55. Yang Xueqi's rape, molestation of women, and theft cases
56. Huashuangji rape and child molestation case
57. Zhan Jideng Rape Case
58. Case of 18 defendants including Sun Tongshan and Zhang Zubin abducting and selling children
59. Shi Deyang's Crime of Forced Prostitution
60. Crimes of Wei Shuai, Zhang Shun, Kang Qianqian, Song Yanling, Organizing Minors to Engage in Violations of Public Security Management Activities
61. Case of Intentional Injury by Guo Moumou
62. Li's intentional injury case
63. Xiaoli v. Zhang's dispute over alimony
64. Zhao v. Wang, Ding, Zhang, and others in the legal inheritance dispute case
65. Li v. Sun regarding the dispute over the change of upbringing relationship
66. Dispute over Xie v. Zhao's Change of Parental Relationship
67. Li v. Sheng, Sheng, Wang, and Minhang District Hanghua First Primary School Education Institution Responsibility Dispute Case
68. Huamoumou v. Shanghai First Eight Hundred Companions Co., Ltd. Personal Injury Compensation Dispute Case
69. Huang v. Liu's Right to Visit Dispute Case
70. Zhang v. Guo's Visitation Right Dispute Case
71. Dispute Case of Zhang et al. v. Gao et al. on Changing Parental Relationship
72. Ding Mouyao v. Ding Mou's dispute over alimony
73. Zhuang Jianyu v. Wu Jianguang's Change of Parental Relationship Case
74. Zhao v. Yizheng Jinsheng Foreign Language School Personal Injury Compensation Dispute Case
75. Cao v. Suining County Shuren Middle School General Personality Rights Dispute Case
76. Qin Xinyang v. Qin Wenquan's dispute over alimony
77. Ye Yakun v. Liu Yihui General Personality Rights Dispute Case
78. Wang v. Mingguang School Campus Personal Injury Compensation Case
79. Chen Moubo v. Zhong Mouxiong in the dispute over the right to health
80. Liu Zhihui v. Chen Lulu, Chen Qingzhong, Shen Meiqin, and Fujian Quangang Shanyao Middle School over Body Rights Dispute Case
81. Kang Mouxuan v. Primary School Students' Rights to Life, Health, and Body in Xiaohu Center, Jianyang City
82. Case of Lin Li's Revocation of Custody
83. Dispute Case between Luo Yuanchun and Liu Xiannu v. Luo Xuejia and Liu Shaokun on the Rights to Life, Health, and Body
84. Zhu Moufang v. Zhu Mou's dispute over alimony
85. Wang v. Zhang's dispute over the right to choose a child
86. Case of Xi Zichuang suing Xi Jufang for custody dispute
87. Zhan Xinyu v. Defendant Dashang Group Zhengzhou Xinmate Shopping Plaza Co., Ltd. Dispute over the Rights to Life, Health, and Body
88. Wang Chuanwei and Wang Zhihong v. Wang Bin and Xia Rongye in the Case of Guardianship Responsibility Dispute
89. Sun Zhiyong v. Jia Yujie's Right to Visit Dispute Case
90. Ma v. Zhu for Change of Parental Relationship Dispute
91. Zheng v. Geng and Jiaocun Temple Primary School in Changleji Township, Caoxian County
92. Zhang sued Dadi Property Insurance and China Life Insurance Co., Ltd. for a dispute over accidental injury insurance contracts
93. Yang Jie v. Su Zhong's Change of Parental Relationship Case
94. Yu Moumou v. Yan Moumei in a dispute over alimony
95. Dispute over the Right to Health between Zhou Yi, Xiao Fan, and Xiao Zuomu at Yong'an No. 9 Middle School
96. Li Xia v. Shanghai Public Security Bureau Pudong Branch Household Registration Case
97. Li Moumou v. Agricultural Administrative Payment Dispute of Village 19, Guangrao Street, Guangrao County
98. Case of Jing Moumou suing the Xiesheng Village Committee of Liuhe Street in Hekou District, Dongying City for not fulfilling its duty of assisting in settling down
1、 Sun Mou's Crowd Fighting Case
(1) Basic facts of the case
Defendant Sun's friend Ma (a first year student of a certain school) and classmate Li (a first year student of a vocational high school) had a conflict over trivial matters. On the afternoon of October 20, 2010, the defendant Sun contacted Li by phone and demanded that Li apologize to Ma. The two sides had a disagreement and agreed to engage in a brawl near a vocational high school in a certain district of Beijing at 17:30 on the same day. At around 18:00 on the same day, Sun and several of his classmates gathered near the dormitory area of the vocational high school, engaged in armed fights with Li and several of his classmates gathered together. During this time, Sun was holding a belt, one person was holding a knife, and multiple people were holding sticks to injure Li and others, resulting in minor injuries to Li; Six others were slightly injured. On October 22, 2010, Sun was arrested by the public security organs.
During the litigation process, through mediation presided over by the court, the defendant Sun and his legal representative voluntarily reached a mediation agreement with the victims of this case. Sun compensated Li and other victims for various economic losses such as medical expenses, nursing expenses, and follow-up treatment costs, totaling RMB 34800. Each victim expressed understanding for Sun.
(2) Judgment results
After trial, the People's Court of Shijingshan District, Beijing found that the defendant Sun gathered multiple people in a public place to engage in armed brawl and was the ringleader. His behavior constitutes the crime of gathering people to engage in brawl and should be punished in accordance with the law. Considering that the defendant Sun was under age at the time of the crime and was a first-time offender, actively compensated for the economic losses of the victim and obtained the victim's understanding and truthful confession of the crime facts, and had a good attitude of confession, the defendant Sun was given a mitigated punishment in accordance with the law and a suspended sentence was applied. The defendant Sun was sentenced to two years and six months in prison and three years in probation for the crime of affray.
(3) Case analysis
Through social investigation, the judge learned that Sun had obvious negative emotions such as self isolation, anxiety, and tension due to major family changes. Through the mechanism of psychological intervention for minors, the judge further learned that Sun's problem belongs to the "impulsive excessive self maintenance" caused by his inferiority complex. After the judge's interpretation of the law, Sun compensated the victim's economic losses and apologized to the victim, obtaining the victim's understanding, and the civil lawsuit was successfully resolved. Taking into account various factors, the court announced a probation for Sun, delivered the "Judge's Message" to him, and contacted the resumption school for him.
2、 Case of Ma Buying and Selling State Agency Documents
(1) Basic facts of the case
On April certain, 2013, the defendant Ma (a middle school student) purchased multiple sets of motor vehicle licenses and license plates through the internet and was caught by the police on the spot while selling them to others. After legal appraisal, all the above-mentioned documents are forged. After the defendant Ma arrived at the case, he truthfully confessed the facts of the crime.
(2) Judgment results
After trial, the Haidian District People's Court of Beijing found that the defendant Ma sold illegally manufactured motor vehicle license plates and motor vehicle driving licenses to others, which constituted the crime of buying and selling state agency documents and should be punished. Given that the defendant, Ma, was under age at the time of the crime and was a first-time offender; After arriving at the case, he/she can truthfully confess the facts of the crime, has a good attitude of confession, and has shown some repentance after being educated in court trial; Considering that the stolen goods involved in this case have been seized and have not yet entered society; And his school of study has agreed to accept him to continue his education, which meets the conditions for applying probation. Therefore, the defendant Ma is given a lighter punishment and his sentence is suspended in accordance with the law.
(3) Case analysis
The characteristic of this case lies in fully implementing the characteristic work of juvenile criminal trial. The judge learned through social investigation that Ma has consistently performed well during his school years and has been commended multiple times. When the judge learned that the school planned to expel Mr. Ma, the judge approached the school principal and made the school agree with the working philosophy of the juvenile court, and jointly developed a detailed tutoring plan.
During the trial, Ma's relatives, school leaders, homeroom teachers, and social investigators, along with the collegiate bench, prosecutors, and defenders, provided vivid and profound court education from the perspectives of family, teacher-student, friendship, morality, and law. Ma was deeply moved. In the end, the court declared Ma's probation in accordance with the law and delivered a warm "judge's message". After the case came into effect, the judge has been in contact with Ma Moumou, caring about his learning and living conditions, and urging his parents to attend the "parental education class" of Haidian Court on time.
3、 Zhang's robbery and provocation case
(1) Basic facts of the case
At around 14:00 on April 9, 2011, the defendant Zhang (17 years old), along with the defendant Wang and four others (all dealt with separately), were gathered by others and chased after the employees Ma, Lv, and others at a construction site of a company in Beijing with machetes. They seized 125 tons of stone and priced it at 1750 yuan.
At around 20:00 on June 19, 2011, the defendant Zhang hit the victim Yu on the head with a beer bottle after drinking in a hotel in a certain city, Hebei Province, and scratched his right forearm. Yu was identified as a minor injury.
(2) Judgment results
After trial, the People's Court of Mentougou District, Beijing found that the defendant Zhang forcibly robbed others' property with the purpose of illegal possession, and his behavior constituted the crime of robbery; The defendant, Zhang, arbitrarily assaulted others, with a malicious plot that disrupted social order. His behavior has constituted the crime of causing trouble and should be punished for multiple crimes. Given that the defendant Zhang was a minor at the time of the crime, he should be given a mitigated punishment in accordance with the law. After the defendant Zhang arrived at the case, he was able to truthfully confess the facts of the crime and had a good attitude of confession; Zhang exposed and reported the illegal possession of firearms by others, which was verified to be true and meritorious. He may be given a mitigated punishment in accordance with the law. Based on this, the defendant Zhang was convicted of robbery and sentenced to two years in prison, suspended for two years, and fined RMB 2000; For the crime of provoking and causing trouble, he shall be sentenced to ten months' imprisonment with a one-year suspension, and shall be sentenced to two years and eight months' imprisonment with a three-year suspension, with a fine of RMB 2000.
(3) Case analysis
The characteristic of this case is that it cites the 'suitable minor system'. During the trial of the case, judges and suitable adults conducted a lot of communication and assistance work. After the verdict of the case was pronounced, the judge and a suitable adult visited Zhang's hometown on his 18th birthday and held an adulthood ceremony for him. Zhang vowed loudly to be a law-abiding citizen and make due contributions to society. At present, Zhang is engaged in freight transportation and is full of confidence in his future life.
4、 Wang's intentional injury case
(1) Basic facts of the case
On November 20, 2009, the defendant Wang (born in September 1993) came to an affiliated high school at the request of his friend Chen. The two of them met more than ten people, including Liang, at the school gate and were later taken to a certain community. The victim, Liang, sat by the flower bed and asked the defendant, Wang, to squat down. The defendant, Wang, did not obey. The victim, Liang, first hit Wang, and Wang then stabbed the victim with a knife, causing open abdominal stabs, liver rupture, and multiple stabs on the face and back, which were identified as serious injuries. The defendant Wang was injured in the left forehead and was identified as a minor injury. On that day, Wang submitted his case to the public security organs.
(2) Judgment results
During the litigation process, the victim initiates an incidental civil lawsuit demanding compensation from the defendant for the losses caused by intentional injury. After legal mediation by the Haidian District People's Court of Beijing, both parties finally reached an agreement on the issue of incidental civil compensation and fulfilled it before the criminal part of the trial. When sentencing the defendant, the collegial panel may impose a lenient punishment on the defendant, with a three-year imprisonment and a three-year probation.
(3) Case analysis
The judge in this case successfully reached a mediation agreement for the incidental civil part through patient work that blends reason and reason, achieving good trial and social effects. On the one hand, the victim's losses are promptly compensated and the defendant is understood; On the other hand, the defendant realized the harm of their behavior and sincerely repented and started anew. The court, taking into account the specific circumstances of the case, as well as factors such as the defendant's understanding and the school's willingness to accept it, sentenced him to a suspended sentence. The family of the defendant sent two banners with letters stating "Strict Law Enforcement, Saving the Youth" and "Sister in the Heart".
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