| The Supreme People's Court Issues Ten Excellent Cases Involving Protection of Rights and Interests of Minors | | 最高人民法院发布保护未成年人权益十大优秀案例 |
| (May 31, 2019) | | （2019年5月31日） |
| Table of Contents | | 保护未成年人权益十大优秀案例目录 |
| I. People v. Zhang A el al. (Case of Picking Quarrels and Making Trouble, Extortion, and False Imprisonment) | | 一、张某等寻衅滋事、敲诈勒索、非法拘禁案 |
| II. People v. Zhu A et al. (Case of Picking Quarrels and Making Trouble) | | 二、朱某等寻衅滋事案 |
| III. In re Lin A (Disqualification of Custodian for Ill Treatment of Child) | | 三、林某虐待子女被撤销监护人资格案 |
| IV. People v. Jiang A (Case of Child Molestation) | | 四、蒋某猥亵儿童案 |
| V. People v. Ma A (Case of Ill Treatment of Person Cared For) | | 五、马某虐待被看护人案 |
| VI. Hu A v. Zhang A (Modification of Custody) | | 六、胡某诉张某变更抚养关系案 |
| VII. People v. Qi A (Case of Child Molestation) | | 七、祁某猥亵儿童案 |
| VIII. People v. Liu A (Case of Intentional Injury) | | 八、刘某故意伤害案 |
| IX. People v. Yang A (Case of Intentional Homicide) | | 九、杨某故意杀人案 |
| X. Jiang A v. Zhong A (Modification of Custody) | | 十、江某诉钟某变更抚养关系案 |
| I. People v. Zhang A el al. (Case of Picking Quarrels and Making Trouble, Extortion, and False Imprisonment) | | 一、张某等寻衅滋事、敲诈勒索、非法拘禁案 |
| —Severely Punishing Gang-like Group Crime Syndicates Committing "Predatory Lending" Against Minors in Accordance with the Law | | ——依法严惩恶势力犯罪集团针对未成年人“套路贷” |
| [Basic Facts] | | 【基本案情】 |
| Defendant Zhang A (here and below, given name withheld) organized Li A, Ren A, Chen A, Tai A, Wang A and others and set up a wealth company to conduct illegal lending activities in a city in Jiangsu Province and illegally collect debts by means of “soft violence” such as spraying paint, throwing oil bottles, and causing a nuisance in dwellings in the middle of the night. In the process of lending, the members of the organization also induced and arranged for students, including Chu A, Zhu A, Yao A, Wang A, and Gu A, to take advantage of their classmate or friend relationships to deceive other juvenile students into signing a high-interest loan contract, willfully deducted "service fees, intermediary fees, household identifying fees and the like" from the proceeds of loans, forced female minors to give nude photographs as security for debts. Some minor victims were forced to flee their places of residence to evade debts, resulting in detrimental consequences such as dropping out of school. The organization committed crimes of extortion, picking quarrels and making trouble, and false imprisonment several times through "predatory lending," garnered illegal income totaling CNY166,000, and caused execrable social effects. | | 被告人张某纠集李某、任某、陈某、邰某、王某等人，设立组建某财富公司，在江苏省某市区进行非法放贷活动，以喷油漆、扔油瓶、半夜上门滋扰等“软暴力”手段非法讨要债务。在放贷过程中，该组织成员还引诱、纠集褚某、朱某、姚某、王某、顾某等在校学生，利用同学、朋友关系诱骗其他未成年学生签订虚高借款合同，在借款中随意扣减“服务费、中介费、认家费”等，并逼迫未成年少女拍摄裸照担保债务，部分未成年被害人被迫逃离居住地躲债，造成辍学等不良后果。该组织通过“套路贷”，多次实施敲诈勒索、寻衅滋事、非法拘禁犯罪，违法所得共计人民币166000元，造成恶劣的社会影响。 |
| [Judgment] | | 【裁判结果】 |
| The court held upon trial that defendant Zhang A organized 11 people, including Chu A and Li A, formed a criminal organization with stable members and organization and clear hierarchy and that the members of the organization were organized in the long term, jointly conducted extortion, picking quarrels and making trouble, false imprisonment and other criminal activities, bullied people, disturbed social order, caused relatively execrable social effects, and should be determined as a gang-like group crime syndicate. Accordingly, defendant Zhang A was sentenced to a fixed imprisonment of nine years and six months and a fine of CNY180,000 was imposed for crimes of extortion, picking quarrels and making trouble, and false imprisonment; and the other members of the gang-like group crime syndicate were also sentenced to corresponding criminal punishment. | | 法院经审理认为，被告人张某纠集褚某、李某等11人，形成人员组织稳定，层级结构清晰的犯罪组织，该组织成员长期纠集在一起，共同实施多起寻衅滋事、敲诈勒索、非法拘禁等违法犯罪活动，欺压百姓，扰乱社会秩序，造成较为恶劣的社会影响，应当认定为恶势力犯罪集团。据此，以敲诈勒索罪、寻衅滋事罪、非法拘禁罪，数罪并罚，依法判处被告人张某有期徒刑九年六个月，并处罚金人民币十八万元；对其他恶势力犯罪集团成员亦判处了相应刑罚。 |
| [Significance] | | 【典型意义】 |
| The case was one of the first group of cases put under public supervision by the Leading Group for the Special Campaign against Organizations of a Gangland Nature and Gang-like Groups in Jiangsu Province and the first criminal case of predatory lending by organizations of a gangland nature and gang-like groups which the province had investigated, handled and pronounced sentences in case with minors as main targets of crime. | | 本案系江苏省扫黑除恶专项斗争领导小组第一批挂牌督办的案件之一，也是扫黑除恶专项斗争开展以来，该省查处并宣判的第一起以未成年人为主要犯罪对象的黑恶势力“套路贷”犯罪案件。 |
| The criminal conduct by the gang-like group crime syndicate in this case not only seriously disturbed the normal economic and financial order, but also seriously infringed upon the rights and interests of minors. It committed the crime of "predatory lending" against minors as the main targets by taking advantage of their characteristics such as lack of experience in life and society, weak self-protection ability, and easy trust in classmates and friends. In addition, it took advantage of guardians' mentality to eagerly protect their children and prefer making concessions to avoid trouble and minimize implications, mentally compelled relevant minors and their family to inflict serious panic by causing nuisances and other "soft violence," so as to force victims to pay. The practice not only seriously undermined the normal education and teaching order, but also caused great harm to minors and their family. The lawful and severe punishment in this case highlighted the determination of the judiciary to crack down on organizations of a gangland nature and gang-like groups and resolutely protect the lawful rights and interests of minors. The case is of great guiding significance for combating crimes against students, especially minor students, and promoting peace on campus. | | 该案恶势力集团的犯罪行为不仅严重扰乱了正常经济金融秩序，还严重侵害了未成年人权益。其利用未成年人涉世未深、社会经验不足、自我保护能力弱、容易相信同学朋友等特点，以未成年人为主要对象实施“套路贷”犯罪，并利用监护人护子心切，为减小影响容易选择息事宁人做法的心理，通过实施纠缠滋扰等“软暴力”行为，对相关未成年人及其家庭成员进行精神压制，造成严重心理恐慌，从而逼迫被害人支付款项，不仅严重破坏正常教育教学秩序，更给未成年人及其家庭造成巨大伤害。对本案的依法从严惩处，彰显了司法机关重拳打击黑恶势力，坚定保护未成年人合法权益的决心。对于打击针对在校学生，特别是未成年在校生的犯罪，促进平安校园具有重要指导意义。 |
| II. People v. Zhu A et al. (Case of Picking Quarrels and Making Trouble) | | 二、朱某等寻衅滋事案 |
| —Punishing School Bullying According to the Law | | ——依法惩治校园欺凌 |
| [Basic Facts] | | 【基本案情】 |
| Five persons including defendant Zhu A were all female students of a school in Beijing (under 18 years of age at the time of committing crime). On February 28, 2017, five defendants insulted a female student, Gao A (17 years of age), by vernal abuse, battery, forced kneeling, and other means and beat and verbally abused another female student Zhang A (15 years of age) without excuse in a female student dormitory. As appraised, the injury of the two victims was minor injury, and the conduct by five defendants also caused serious consequences that victim Gao A was unable to normally live and study. | | 被告人朱某等五人均系北京某校在校女生（犯罪时均未满18周岁），2017年2月28日，五名被告人在女生宿舍楼内，采用辱骂、殴打、逼迫下跪等方式侮辱女生高某某（17岁），并无故殴打、辱骂女生张某某（15岁）。经鉴定，二被害人的伤情构成轻微伤，五名被告人的行为还造成被害人高某某无法正常生活、学习的严重后果。 |
| [Judgment] | | 【裁判结果】 |
| The court held upon trial that defendants including Zhu A willfully beat and verbally abused others, causing minor injury to two persons, seriously affected the lives of others, infringed on the personal rights of citizens, undermined the social order, and committed the crime of picking quarrels and making trouble, which was a joint crime. Accordingly, five defendants were sentenced respectively to fixed-term imprisonment ranging from eleven months to one year for the crime of picking quarrels and making trouble in accordance with the law. | | 法院经审理认为，被告人朱某等人随意殴打和辱骂他人，造成二人轻微伤，严重影响他人生活，侵犯公民人身权利，破坏社会秩序，构成寻衅滋事罪，且系共同犯罪。据此，以寻衅滋事罪依法分别判处五名被告人十一个月至一年不等的有期徒刑。 |
| [Significance] | | 【典型意义】 |
| The issue of school bullying is relevant to the sound growth of minors, greatly concerns every family, and has become a hot issue receiving much public concern. The case was a typical case in which school bullying constituted a crime. In this case, the conduct of five defendants was neither play and joke of classmates and friends nor general violation of school rules and discipline, but criminal conduct that should be criminally punished for violation of the Criminal Law. If such conduct had gone unpunished by a principle of "minimizing big scandals and overlooking minor ones" only because defendants were minors, the crime would have been condoned, which was neither conducive to defendants' sound development in the future nor the protection of victims who were also minors. By respectively sentencing five defendants to corresponding actual punishment, taking into account their subjective malice and the social harm of their conduct, the court in the case complied with the principle of suiting punishment to crime, effectively maintained the lawful rights and interests of minor victims, and delivered a lecture on the rule of law to students. | | 校园欺凌问题关系到未成年人的健康成长，也牵系着每一个家庭的敏感神经，已成为全社会关注的热点问题。本案就是一起典型的校园欺凌行为构成犯罪的案件。本案中，五名被告人的行为已经不仅仅是同学伙伴之间的打闹玩笑，也不仅仅是一般的违反校规校纪的行为，而是触犯刑法应当受到刑罚惩处的犯罪行为。对此类行为，如果仅仅因被告人系未成年人而“大事化小，小事化了”，就会纵容犯罪，既不利于被告人今后的健康成长，更不利于保护同是未成年人的被害人。本案裁判法院充分考虑五名被告人主观恶性和行为的社会危害性，对其分别判处相应的实刑，符合罪刑相适应原则，在有效维护了未成年被害人合法权益的同时，也给在校学生上了一堂生动的法治课。 |
| The case was described by the "News 1+1" show of the China Central Television and other media outlets as a "significant model" and, in conjunction with the Plan for Comprehensive Governance of Bullying among Primary and Secondary School Students jointly issued by 11 authorities including the Ministry of Education shortly after the pronunciation of the sentence, played a positive role in promoting the comprehensive rectification of school bullying among primary and secondary school students. | | 本案被中央电视台“新闻1＋1”等媒体栏目评论称具有“标本意义”，宣判后不久，适逢教育部等十一个部门联合印发《加强中小学生欺凌综合治理方案》，对中小学生校园欺凌综合整治起到了积极的推动作用。 |
| III. In re Lin A (Disqualification of Custodian for Ill Treatment of Child) | | 三、林某虐待子女被撤销监护人资格案 |
| —First Judgment Disqualifying a Custodian in China | | ——全国首例撤销监护人资格判决 |
| [Basic Facts] | | 【基本案情】 |
| Respondent Lin A, female, was a villager in a county of Fujian Province. Lin A gave birth to Xiaolong in 2004. Because the natural father of Xiaolong remained unknown, Xiaolong had lived with Lin A since his (her) birth. Lin A had a couple of failed marriages, and she neglected, often starved, and repeatedly beat Xiaolong, leaving scars across his (her) back. Since August 2013, the officials of the local government, women's federation, and villagers' committee and the police officers of the local police station had repeatedly criticized and educated Lin A, but Lin A refused to repent and change. In the early morning, May 29, 2014, Lin A injured Xiaolong in the back and arms with a kitchen knife again. On June 13, the same year, the villagers' committee of the village requested the court to disqualify Lin A as the custodian of Xiaolong in accordance with the law, on the grounds that the long-term ill treatment of Xiaolong by respondent Lin A had seriously affected the physical and mental health of Xiaolong. During the trial, the court requested comments from Xiaolong, and Xiaolong expressed his (her) reluctance to live with Lin A. | | 被申请人林某，女，系福建省某县村民。林某于2004年生育小龙，因小龙的生父一直身份不明，故小龙自出生后一直随林某共同生活。林某曾有过三四次不成功的婚姻，生活中不但对小龙疏于管教，经常让小龙挨饿，而且多次殴打小龙，致使小龙后背满是伤疤。自2013年8月始，当地政府、妇联、村委会干部及派出所民警多次对林某进行批评教育，但林某仍拒不悔改。2014年5月29日凌晨，林某再次用菜刀划伤小龙的后背、双臂。同年6月13日，该村村民委员会以被申请人林某长期对小龙的虐待行为已严重影响小龙的身心健康为由，向法院提出请求依法撤销林某对小龙监护人资格的申请。审理期间，法院征求小龙的意见，其表示不愿意随其母林某共同生活。 |
| [Judgment] | | 【裁判结果】 |
| The court held upon trial that a custodian should perform the duties of a custodian, protect the physical health of the person under custody, take care of the person under custody in life, manage and educate the person under custody, and perform the corresponding duties of a custodian. Respondent Lin A, as the custodian of Xiaolong, ill-treated Xiaolong by battery, verbal abuse and other means. After being educated by the relevant entities, she refused to repent and continued the ill treatment. Her conduct had seriously harmed Xiaolong's physical and mental health, and thus she was not suitable to act as the custodian of Xiaolong. Lin A was disqualified as the custodian of Xiaolong according to the law, and the villagers' committee was appointed as the custodian of Xiaolong according to the law. | | 法院经审理认为，监护人应当履行监护职责，保护被监护人的身体健康、照顾被监护人的生活，对被监护人进行管理和教育，履行相应的监护职责。被申请人林某作为小龙的监护人，采取打骂等手段对小龙长期虐待，经有关单位教育后仍拒不悔改，继续对小龙实施虐待，其行为已经严重损害小龙的身心健康，故不宜再担任小龙的监护人。依法撤销林某对小龙的监护人资格，并依法指定该村民委员会担任小龙的监护人。 |
| [Significance] | | 【典型意义】 |
| After the case was accepted, the county people's court voluntarily explored the transfer of custody in which a villagers' committee acted as the applicant for disqualification of the wrongful custodian of any minor, appointed the local villagers' committee as the guardian of Xiaolong, in accordance with the relevant provisions of the law, in the absence of a close relative or friend who could be the guardian, in the best interest of the person under custody as to his or her growth, and gave new insights into the care for minors to the public by maximizing the role of its adjudicative function. After the judgment was pronounced, the court voluntarily communicated with relevant municipal and county authorities, provided a timely and proper placement for Xiaolong, and effectively maintained the lawful rights and interests of minors. | | 本案受理后，该县人民法院主动探索由村民委员会作为申请主体申请撤销监护失当未成年人的监护权转移工作，并根据法律的有关规定，在没有其他近亲属和朋友可以担任监护人的情况下，按照最有利于被监护人成长的原则，指定当地村民委员会担任小龙的监护人，通过充分发挥审判职能作用向社会表达一种对未成年人关爱的新视角。宣判后，该院还主动与市、县有关部门积极沟通，对小龙做了及时妥善安置，切实维护未成年人的合法权益。 |
On December 18, 2014, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs jointly issued the Opinions on Certain Issues Concerning Guardians' Infringement of the Rights and Interests of Minors (hereinafter referred to as the "Opinions"), making relatively explicit provisions on issues concerning people's courts handling cases of revocation of custody. Prior to the issuance of the Opinions, China's rules of revocation of custody were mainly established by Article 18 of the General Principles of the Civil Law and Article 53 of the Law on the Protection of Minors, and the relevant provisions were relevantly vague. In this case, a judgment to disqualify a custodian was entered before the issuance of the Opinions, which set a precedent for the revocation of custody in China, directly promoted the issuance of the Opinions, and contributed practical experience to the issuance of provisions on holders of the right to apply for disqualifying custodians and placements upon revocation in the Opinions. In 2015, the case was selected by the All-China Women's Federation for the First National Top 10 Cases for Protection of the Rights and Interests of Women and Children.
．．．．．． | | 最高人民法院、最高人民检察院、公安部、民政部于2014年12月18日联合发布了《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》（以下简称《意见》），对各级人民法院处理监护权撤销案件的相关问题作了较为明确的规定。该《意见》颁布之前，我国关于监护权撤销制度的规定主要是《民法通则》第18条和《未成年人保护法》第53条，有关规定较为笼统模糊。本案在《意见》
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