| Seven Model Cases regarding Legally and Severely Punishing Criminal Offenders Impairing the Lawful Rights and Interests of Minors Published by the Supreme People's Court | | 最高人民法院发布7起依法严惩侵害未成年人权益典型案例 |
| (May 18, 2020) | | （2020年5月18日） |
| The healthy growth of minors concerns the happiness and peace of millions of families and the great rejuvenation of the Chinese ethnic peoples. The Party and the state have always attached great importance to the protection of minors. The General Secretary Xi Jinping pointed out that the whole society should concern the growth of children and give support to the children work. The statements and actions impairing the rights and interests of children and damaging the physical and psychological health of children shall be resolutely prevented and legally cracked down. Legally and severely punishing various criminal activities of assaulting on minors and effectively implementing the spirit of policies of giving special and preferential protection of minors are important responsibilities and sacred missions of the people's courts. | | 未成年人健康成长关乎亿万家庭幸福安宁，关乎中华民族伟大复兴。党和国家历来高度重视未成年人保护工作。习近平总书记指出，全社会都要关心少年儿童成长，支持少年儿童工作。对损害少年儿童权益、破坏少年儿童身心健康的言行，要坚决防止和依法打击。依法严惩各类侵害未成年人的违法犯罪，切实贯彻特殊、优先保护未成年人的政策精神，是人民法院的重要职责和神圣使命。 |
| For a long time, the people's courts have always adhered to relentless efforts to legally and severely punish crimes of assaulting on minors. From 2013 to 2019, the people's courts across the country have tried 28,975 criminal cases of trafficking children, child molestation, organizing children to beg, and other infringements on the lawful rights and interests of minors and punished 29,787 criminal offenders. For those committing serious and execrable crimes that should be given heavier punishments should be severely punished and those that should be sentenced to death penalty should be legally sentenced to death penalty. The people's courts shall be soft-hearted and tolerant and indulgent in no way and resolutely eradicate the social cancers and stand up for justice. | | 长期以来，人民法院始终坚持依法严厉惩治侵害未成年人犯罪不手软。2013年至2019年，全国法院依法审理拐卖儿童、猥亵儿童、组织儿童乞讨等侵害未成年人合法权益的刑事案件28975件，惩处罪犯29787人。对其中罪行严重、恶劣者，该重判坚决依法重判，该判处死刑的坚决依法判处死刑，绝不心慈手软，绝不姑息养奸，坚决铲除社会毒瘤，坚决伸张公平正义。 |
| In recent years, the people's courts have attached more importance to the comprehensive protection of the rights and interests of minors. The people's courts have carried out the reform of family affairs trial in an in-depth manner, vigorously advanced the integrated development of juvenile trials and family affairs trials and implemented the spirit of policies on special and preferential protection of minors in all trial fields. From 2013 to 2019, the people's courts across the country have legally tried 713,671 civil cases involving support, fostering, guardianship, and visits to minors, with a year-on-year growth of 34.18%. In the process of case trial, the people's courts have effectively implemented the idea of maximization of children's interests and legally and effectively safeguarded the rights and interests of minors. | | 近年来，人民法院更加重视对未成年人权益的全面保护。深入开展家事审判改革，大力推动少年审判、家事审判融合发展，将特殊、优先保护未成年人的政策精神贯彻到各个审判领域。2013年至2019年，全国法院依法审理涉及未成年人抚养、抚育、监护、探视等民事案件共计713671件，同比增长34.18%。在案件审理过程中，切实贯彻儿童利益最大化理念，依法有效维护未成年人权益。 |
| In recent years, the people's courts have continuously strengthened the construction of the system for protection of minors. The Supreme People's Court, independently or jointly with the relevant departments, successively issued a series of files including the Opinions on Legally Punishing Crimes of Sexual Abuses of Minors, Interpretation on Several Issues concerning the Specific Application of Law in the Trial of Criminal Cases of Trafficking Women and Children, the Opinions on Legally Handling Cases involving Crimes of Domestic Violence, the Opinions on Legally Handling Several Issues on Guardians' Infringement upon the Rights and Interests of Minors, and the Guiding Opinions on Preventing and Controlling Bullying and Violence of Primary and Secondary School Students, woven a fine net of justice for the protection of minors, and implemented the policies on the special and preferential protection of minors. | | 近年来，人民法院持续加强未成年人保护的制度建设。最高人民法院单独或会同有关部门，先后出台了《关于依法惩治性侵未成年人犯罪的意见》《关于审理拐卖、妇女儿童犯罪案件具体应用法律若干问题的解释》《关于依法办理家庭暴力犯罪案件的意见》《关于依法处理监护人侵害未成年人权益行为若干问题的意见》《关于防治中小学生欺凌和暴力的指导意见》等一系列文件，织细织密保护未成年人的法网，落实落细特殊、优先保护的政策。 |
| The General Secretary Xi Jinping once highlighted, “one case prevails over a dozen of files.” Legal policies require the implementation of each case and fairness and justice require the demonstration of each case. For the purposes of maximizing the evaluating and guiding functions and the warning and education significance, the Supreme People's Court selected seven model cases of legally and severely punishing crimes of assault on minors and legally protecting the rights and interests of minors that have been tried in recent years. The seven cases include criminal cases involving rapes of minors, civil and administrative cases involving revocation of guardianship, infringement on the right to health of minors, and infringement on the right of access to education, and cases of trans-provincial judicial relief to underage children of victims. There are three rape cases. Although no death or serious injury of underage victims is caused, there are such circumstances where several underage girls have been raped for several times, the criminal motives are despicable, the nature and circumstances are execrable, the means are cruel, the personal dangerousness and social hazards are great, and the offenses are extremely serious, the people's courts still resolutely sentenced the criminal offenders to death penalty with immediate execution according to the law. These model cases are issued in a centralized manner for the purposes of sternly warning those potential criminal offenders of not stretching out their hands to minors and that those stretching out their hands to minors must be severely punished and those doing evil must be seriously sentenced. | | 习近平总书记强调，“一个案例胜过一打文件”。法律政策需要靠一个个具体案件落实，公平正义需要靠一个个具体案件彰显。为充分发挥典型案例的评价、指引功能和警示、教育意义，最高人民法院筛选了近年来审理的七起依法严惩侵害未成年人犯罪、依法保护未成年人权益的典型案例。七起案例中，既有强奸未成年人等刑事案件，也有撤销监护权、侵犯未成年人健康权、侵犯受教育权等民事、行政案件，还有对被害人的未成年子女开展跨省司法救助的案件。有三起强奸案件，尽管未造成未成年被害人死亡或者重伤，但具有强奸幼女多人、多次的情节，犯罪动机卑劣，性质、情节恶劣，手段残忍，人身危险性和社会危害性极大，罪行极其严重，人民法院仍坚决依法判处死刑立即执行。集中发布这些典型案例，是要正告那些潜在的违法犯罪者，莫向未成年人伸手作恶，伸手必严惩、作恶必重判！ |
| The matters concerning children are big deals. The whole society and the public are highly concerned about the physical and psychological health of minors. For this regard, we fully appreciate and show empathy to such matters. The people's courts will continue to strengthen the trial of cases involving minors, implement the legal policies on special and preferential protection of minors in a more efficient manner, resolutely and legally punish illegal and criminal activities of assault on minors, safeguard the lawful rights and interests of minors in a more comprehensive manner, and escort the safe and healthy growth of minors. | | 孩子的事是天大的事。全社会、广大人民群众对未成年人的身心健康高度关切。对此我们充分理解、感同身受。人民法院将继续加强涉未成年人案件审判工作，更加有效地贯彻落实特殊、优先保护未成年人的法律政策，更加坚决地依法严惩侵害未成年人的违法犯罪，更加全面地保护未成年人的合法权益，坚决为未成年人安全、健康成长保驾护航。 |
| These seven model cases are hereby issued. | | 现将七起典型案例予以公布。 |
| 1. Case of committing rapes, forcing victims to engage in prostitution, and committing intentional injuries by defendant He, who was sentenced to death penalty | | 1.被告人何某强奸、强迫卖淫、故意伤害被判死刑案 |
| I. Basic Facts | | 一、基本案情 |
| For the purpose of seeking profits from providing underage girls to others for whoring, defendant He committed crimes alone or in collusion with others, detained victims Chang (eight years old), Xie (13 years old, having mental disability), and Du (ten years old) in a rented house by means of inveigling or abduction. During this period, He raped the three victims for several times, causing Chang's minor injuries and Du's slight injuries. He also shot the nude photos and videos of the three victims, released information on going whoring through QQ, and forced the three victims to engage in prostitution. | | 被告人何某为达到利用幼女供他人嫖宿牟利的目的，单独或与他人伙同作案，使用诱骗、劫持手段，将被害人常某某（8周岁）、有智力残疾的谢某某（13周岁）、被害人杜某某（10周岁）拘禁在出租房内。期间何某多次对三名被害人实施奸淫，并致常某某轻伤，杜某某轻微伤。何某还拍摄三名被害人裸体照片及视频并通过QQ发布招嫖信息，强迫三名被害人卖淫。 |
| II. Judgment | | 二、裁判结果 |
| The court held upon trial that defendant He detained girls under 14 by means of inveigling and abduction, raped them and forced them to engage in prostitution. The acts of He constituted a crime of rape and a crime of forcing victims to engage in prostitution; He intentionally harmed the physical health of others and his acts also constituted a crime of intentional injury. In addition, he fell under circumstances where he has raped several underage girls for several times, the criminal motives were despicable, the nature and circumstances were execrable, the means was cruel, the personal dangerousness and social hazards were great, and the offenses were extremely serious. He should be given a heavier punishment according to the law. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the court sentenced defendant He to death penalty with deprival of political rights for life for rape; sentenced He to a fixed-term imprisonment of fifteen years, in addition to a fine of CNY50,000 for forcing others to engage in prostitution; sentenced He to a fixed-term imprisonment of two years and six months for intentional injury; and the court decided to execute the death penalty with deprival of political rights for life, in addition to a fine of CNY50,000. Upon review, the Supreme People's Court approved the death penalty of defendant He. He was executed on July 24, 2019. | | 法院经审理认为，被告人何某采取诱骗、劫持等手段将不满十四周岁的幼女拘禁，后强奸并强迫其卖淫，其行为构成强奸罪、强迫卖淫罪；何某故意伤害他人身体健康，其行为还构成故意伤害罪，且具有强奸幼女多人、多次的情节，犯罪动机卑劣，性质、情节恶劣，手段残忍，人身危险性和社会危害性极大，罪行极其严重，应依法从重处罚。依照《中华人民共和国刑法》等相关规定，以强奸罪判处被告人何某死刑，剥夺政治权利终身；以强迫卖淫罪判处有期徒刑十五年，并处罚金人民币五万元；以故意伤害罪判处有期徒刑二年零六个月；决定执行死刑，剥夺政治权利终身，并处罚金人民币五万元。最高人民法院经复核，依法核准被告人何某死刑。何某已于2019年7月24日被执行死刑。 |
| III. Significance | | 三、典型意义 |
| Cases of sexual assault on minors seriously impair the physical and psychological health of underage victims, affect the sense of security of the public, have execrable nature and serious harms. For such cases, the people's courts should legally and speedily impose heavier punishments on criminal offenders, resolutely sentence those committing extremely serious offenses to death penalty, and make the criminal offenders be subject to due punishments. | | 性侵害未成年人的案件严重侵害未成年被害人的身心健康，严重影响广大人民群众安全感，性质恶劣，危害严重。对此类案件要坚决依法从重从快惩治，对罪行极其严重的，要坚决依法判处死刑，让犯罪分子受到应有制裁。 |
| In recent years, cases of crimes committed by criminal offenders by using the network are on the rise. The minors have relatively weak discrimination ability and precaution consciousness, and they are easier to become victims. This case warns us that we should strengthen network regulation and network protection of minors; network enterprises should intensify their social responsibilities and effectively perform the legal obligations of maintaining network security and purifying the cyberspace; schools and families should strengthen supervision over the use of network by minors, and educate and guide minors in enhancing their self-protection awareness and capacity. | | 近年来，犯罪分子利用网络实施犯罪的案件有所增加。未成年人辨别能力、防范意识相对较弱，更容易成为受害对象。本案警示我们，一定要加强网络监管，加强对未成年人的网络保护；网络企业要强化社会责任，切实履行维护网络安全、净化网络空间的法律义务；学校、家庭要加强对未成年人使用网络情况的监督，教育引导未成年人增强自我保护意识和能力。 |
| In the meantime, this case also prompts schools, teachers, families, and parents that they should effectively perform the legal responsibilities of protecting and providing guardianship for minors. The third victim in this case was abducted on the way to school and after discovering that the victim was absent from school, the teacher notified the parents of the victim in a timely manner. Upon receipt of the report from the parents, the public security organ locked the hiding place of the criminal offender through the monitoring system, rescued the victim in a timely manner, and brought the criminal offender to justice, so that the criminal offender was prevented from continuing to do evil and more minors were prevented from being assaulted. | | 同时，本案也提示学校、老师、家庭、家长，一定要切实履行未成年人保护、监护法律责任。本案第三名被害人在上学途中被劫持，学校老师发现被害人未到校后及时通知家长，家长报案后，公安机关通过监控锁定犯罪分子的藏匿地点，及时解救了被害人，并将犯罪分子绳之以法，从而避免了犯罪分子继续为非作恶，更多未成年人受到侵害。 |
| 2. Case of rape by defendant Zhao, who was sentenced to death penalty | | 2.被告人赵某某强奸被判死刑案 |
| I. Basic Facts | | 一、基本案情 |
From June 2015 to January 2017, upon collusion between defendant Zhao and another defendant in the case Li (female, who has been sentenced), Li searched girl students in a junior middle school in a county in Henan Province to be raped by Zhao. Li mustered Liu, Wu, Jiang, and Hao (who were all punished in another case), Gu, Qin, Li, and Zhao (all of the aforesaid personnel were minors) to force victim Zhu and other girl students of a junior middle school to have sex with Zhao by means of assault, intimidation, threat by shooting photos of private parts, 25 persons for 32 times in total, including 14 underage girls for 19 times.
．．．．．． | | 2015年6月至2017年1月，被告人赵某某与同案被告人李某（女，已判刑）经共谋，由李某到河南省某县的初中学校寻找女生供赵某某奸淫。李某纠集刘某、吴某某、蒋某某、郝某（均另案处理）、谷某某、秦某某、李某某、赵某某（以上人员均系未成年人）等人，采取殴打、恐吓、拍下体照片威胁等手段，先后强迫被害人朱某某等在校初中女学生与赵某某发生性关系，共计25人32起，其中幼女14人19起。
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