Case of model of crime of children of sexual enroach on
Catalog
Case of rape of 1. Wei Minghui
2. Zhang Bao stands case of act indecently towards children
Case of act indecently towards children of 3. Jiang Chengfei
4. plum forest case of act indecently towards children
Allusion
Model
Case
Exemple
1
Case of Wei Minghui rape
(one) basic details of a case
On Feburary 9, 2016 20 when make, ming Hui of Wei of the accused person is after wine southeast Guizhou Province Guizhou autonomous prefecture of Miao Zu the Dong nationality encounters the A that is the same as a village outside door of bridal chamber of some county oneself some (the injured party, female, die 5 years old year) in amuse oneself, then in order to take firecracker A such-and-such cheat to oneself at the door Laofang, a of both hands clutch some is cervical send the yam hole inside oneself responsibility cropland is held in the arms after its are insensible by, go again Laofang takes Chai Dao, hoe, first to A some carries out illicit sexual relations, yam hole puts his after inside, with A of bavin knife cut some throat uses hoe to dig clay general A some bury. Via appraisal of legal medical expert, a some department by other clutch, clutch cervical cause choking death, live body is when be being invaded by the gender, already died before ministry of the neck that be cut.
(2) juridical result
Procuratorate of people of autonomous prefecture of the Dong nationality of Miao Zu of southeast of Guizhou Province Guizhou makes to sue of intended homicide, forcible rape with Ming Hui of Wei of the accused person. Autonomous prefecture of the Dong nationality of Guizhou southeast Miao Zu is intermediate people court thinks via cognizance, ming Hui of Wei of the accused person ignores state law, drunken clutch controls the injured party cervical, carry out illicit sexual relations to the injured party, cause death of the injured party. Wei Minghui's behavior already formed forcible rape, guilty clue is particularly abominable, consequence is particularly serious, social harm is great, should give lawfully punish severely. According to " criminal law of People's Republic of China " the 236th the 2nd, the 3rd (one) , (5) regulation, sentence capital punishment of Ming Hui of Wei of the accused person with forcible rape, privative politics right is lifelong.
After adjudging, ming Hui of Wei of the accused person puts forward to appeal. Guizhou Province is advanced people court classics lawfully sessional cognizance, the ruling rejects appeal, maintain original judgement, apply for approval lawfully approve of top people court. Check of classics of top people court, lawfully capital punishment of Ming Hui of Wei of person of approve the accused. Wei Minghui already was executed at the near future.
(3) typical meaning
People court is right illicit sexual relations young female crime all through the ages holds to 0 patient footing, ought to sentence capital punishment extremely badly to crime, sentence lawfully stoutly. In this case, wei Minghui rapes the accused person 5 years old young female send its to die, challenge bottom line of social ethics morality, guilty property is abominable, the method is cruel, clue, consequence is serious, social harm is great. People court is sentenced lawfully and execute to Wei Minghui, revealed a judiciary to protect children person safety and the determination with healthy body and mind and manner from crime of children of enroach on of severe blow sex, utmost.
2
Zhang Bao battle is act indecently towards children case
(one) basic details of a case
Teacher of mathematics of elementary school of some district of city of Tianjin of department of battle of Zhang Bao of the accused person. Come from 2017 between October 2018, zhang Bao battle is opposite in school classroom for many times B of the injured party 8 schoolgirls such as some (when year 10 to 11 years old) adopt cuddle, kiss, touch the means such as mouth ministry, bosom, hip and pudenda to undertake act indecently towards.
(2) juridical result
Tianjin procuratorate of some division people with war criminal of Zhang Bao of the accused person blame of act indecently towards children to sue. Cognizance of classics of court of some division people thinks, zhang Bao battle as the teacher that has special responsibility to minor, it is for many times inside campus act indecently towards many name daughter child, the clue is abominable, ought to lawfully from heavy punishment. According to " criminal law of People's Republic of China " the 237th regulation, sentence battle of Zhang Bao of the accused person with blame of act indecently towards children set term of imprisonment 11 years 6 months.
After adjudging, appeal, counterappeal is done not have inside legal time limit, the court decision already produced legal effectiveness.
(3) typical meaning
This case fastens campus one case the typical case of act indecently towards children. Battle of Zhang Bao of the accused person as people teacher, abandon pedagogic responsibility unexpectedly, many are opposite for a long time in school classroom year young student undertakes act indecently towards, offended not only national law, violate ethical morality bottom line more badly, body and mind of student of serious enroach on is healthy, guilty property, clue is abominable, social influence is terrible, courtyard of old friend civil code is right its lawfully from heavy punishment. But, the accused person is in be as long as immanent school classroom is act indecently towards between a year of a long time many schoolgirl, was not discovered in time however, inform against, the reason of backside is worth while and thoughtful. From this caution, the school and concerned branch should strengthen pair of superintendency that teach worker profession morality and personal integrity, the sexual safety that also reminds the school and parent to ought to take pair of children seriously is on guard education, decrease and avoid the happening of similar case.
3
Case of Jiang Chengfei act indecently towards children
(one) basic details of a case
Came in May 2015 between November 2016, jiang of the accused person becomes flying fiction identity, pretend to represent Tong Xing of invite applications for a job of company of movie and TV, inQQ31 name daughter are gotten acquainted with on chatting software child (the age is in 10-13 year old between) , wait in order to check figure scale and development state of affairs for, coax the injured party is online film and send naked according to; Pretend to need interview, coax the injured party is passedQQVideo chatting nude make bawdy motion; Female to the part child still in order to make public naked take a picture minatory, press the other side continues with its naked a little. Jiang Chengfei is returned the injured party naked talk about video to engrave collection keep.
(2) juridical result
Procuratorate of people of some district of city of Jiangsu province Nanjing commits crime of act indecently towards children with Cheng Fei of Jiang of the accused person to sue. Cognizance of classics of court of people of Nanjing city some district thinks, jiang Chengfei is contented excessive desire, dummy identity, adopt trick, entice wait for a method, method of communication of network of have the aid of, prevail on is numerous female child expose body privacy place or make bawdy motion, serious enroach on children body and mind is healthy, its behavior already made crime of act indecently towards children, and belong to a clue abominable, ought to lawfully from heavy punishment. According to " criminal law of People's Republic of China " the 237th regulation, sentence Jiang of the accused person to become flying set term of imprisonment 11 years with blame of act indecently towards children.
After adjudging, cheng Fei of Jiang of the accused person puts forward to appeal. Classics of intermediate people court tries Nanjing city lawfully, the ruling rejects appeal, maintain original judgement, the court decision already produced legal effectiveness.
(3) typical meaning
Make crime of act indecently towards children, include behavior person to be carried out actively to children already act indecently towards, also include to force or coax children make bawdy motion; Include body of the injured party of direct inside same physics space contact to undertake already act indecently towards, also include to pass a network to be carried out to the injured party inside fictitious space act indecently towards. Crime of children of network sex enroach on is the new-style crime that appears in last few years, compare with photograph of traditional and act indecently towards behavior, the criminal uses information asymmetry, and the injured party year young, intelligence is immature, lack ego to be on guard the condition such as consciousness, minatory even to children inflict temptation, achieve guilty goal more easily; Be murdered target has random sex, involve a number much; The bawdy video that criminal place gets, picture once carry network transmission, harm consequence is had diffusible, increased children to suffer the risk of harm 2 times. In this case, cheng Fei of Jiang of the accused person is used socially a few people adore star, want to become famous overnight wait for state of mind, yes30More than female Tong Shi is applied act indecently towards. The cognizance report of this case goes out, to how be strengthened and improving network news management, and how does the school, family help children rise identify a network bad news, enhance ego to protect consciousness and ability, be on guard better thereby enroach on of network children sex already extremely urgent.
4
Plum forest is act indecently towards children case
(one) basic details of a case
In March 2018, the accused person plum forest (32 years old) through mobile phone same sex the software that make friend gets acquainted with C of the injured party some (male, when) , hind plum forest chats through the network be informed C some is minor, first 2 students. Be the same as a month 17 days afternoon, plum forest saves some hotel room to be registered to Sichuan, invite make an appointment with C some met to produce same sex sexual behavior with its to this room.
(2) juridical result
Sichuan saves procuratorate of some county people with the accused person plum forest commits crime of act indecently towards children to sue. Sichuan saves court of some county people to think via cognizance, plum Linwei satisfies sexual desire, use the kind that has same sex sexual behavior to dissatisfaction the male children of 14 one full year of life is carried out act indecently towards, its behavior already made crime of act indecently towards children, ought to lawfully from heavy punishment. According to " criminal law of People's Republic of China " the 237th the first paragraph, the 3rd regulation, sentence defendant with blame of act indecently towards children person plum forest set term of imprisonment 3 years.
After adjudging, the accused person plum forest puts forward to appeal. Sichuan saves classics of court of some city intermediate people to be tried lawfully, the ruling rejects appeal, maintain original judgement.
(3) typical meaning
This case fastens sexual enroach on male child a typical case. Children is in physiology development initial stage, philosophy, viewpoint of value is still immature, defective and enough distinguish right from wrong and ego protects ability, law should offer special, first protection to the health of body and mind of children group. In this case, the accused person plum forest serves as grown man, entice male child produce sexual behavior with its, hurt health of children body and mind badly, people court adjudicates its make crime of act indecently towards children, be opposite lawfully its from heavy punishment, deliver to social community piece lawfully equal protection male child direct clearly, also hope the school and family are right male child sexual safety education gives coequal take seriously
On July 24, 2019, top people court released the typical case of 4 rapes, act indecently towards children, namely Wei Minghui is raped young female station of Zhang Bao of teacher of case of the capital punishment that be sentenced, elementary school is act indecently towards many schoolgirl case, Jiang Chengfei is a coax daughter with recruit Tong Xing child in network space naked chat. To this, controller of Xing Yiting of top people court accepted a special report with respect to concerned problem.
Ask: Case of crime of children of sexual enroach on, the society is generalAttention, ask you to introduce courtyard of one servent civil code to hear the overall case of this kind of case.
Answer: Current, illicit sexual relations young the crime of children of sexual enroach on such as female, act indecently towards children still is in much hair posture. With act indecently towards children crime is exemple, came 2017 this year June, countrywide court in all careful writtens guarantee act indecently towards children commits a crime case 8332. Among them, careful writtened guarantee 2017 2962, careful writtened guarantee 2018 3567, 1-6 month careful writtened guarantee 2019 1803. What need points out is, crime of children of sexual enroach on concealments the gender is strong, as a result of advocate the reason of impersonal aspect, do not eliminate to still particular proportional case has not enter judicatory order. In recent years, amount of case of crime of children of sexual enroach on rises somewhat, the matter is complex, increase with consciousness of people children protection among them, discovery hind and times case have particular concern. To some lay a finger on, kiss for instance children body undertakes act indecently towards wait for criminality, take seriously before insufficient, did not discover in time and report a case to the security authorities.
Ask: People veryAttentionThe condemnatory circumstance that children of sexual enroach on commits a crime, some people existence is anxious, think the punishment that commits a crime to act indecently towards children is lighter, can't awe commits a crime, ask you to make one introduction to relevant circumstance.
Answer: Crime of children of sexual enroach on damages health of children body and mind badly, violate social ethics ethics badly, people court holds to 0 patient footing to all through the ages of this kind of crime, extremely abominable to guilty property, clue, consequence is extremely serious, sentence capital punishment lawfully stoutly, absolutely not appeasement. On July 24, 2019, people court is much to control, illicit sexual relations renown young female force young female walk the street He Long executes the convict that seek profit; Issuance case is medium, rape young the convict Wei Ming Hui of the female death that send a person already was executed at the near future, the accused person of 3 act indecently towards children also by from sentence penalty again, revealed people court to invade children to commit a crime to the gender one with be linked together 0 tolerant attitudes.
The case of act indecently towards children is more complex, because of differ in thousands ways of act indecently towards method, clue, harm sex size each different, because this criminal law sets, of blame of act indecently towards to forming children, be in 5 years of the following set term of imprisonments or arrest battle; Gather a crowd or be in public in public act indecently towards children, perhaps have other and abominable plot, be in 5 years of above 15 years the following set term of imprisonment. People court basis is the method of act indecently towards children, clue, sequential wait for an element, inside legal punishment extent from heavy punishment. With was 2018 exemple, in sentencing penal act indecently towards criminal, those who sentence set term of imprisonment of 3 years of above amount to 23% above, case of criminal of the corresponding period of tower above whole nation is close 8 percent; Although,be opposite because commit a crime the plot is smaller and be sentenced the convict of 3 years of the following set term of imprisonments, also ask not to get applicable temporary suspension of the execution of a sentence commonly, utmost was reflected lawfully from punish severely the policy spirit of place. People court inspects the accused person and the injured party integratedly to whether be put in the special relationship such as education, custody, and the element such as the act indecently towards method, clue, number, frequency, consequence that cause, it is a clue to ought to be being maintained abominable, sentence set term of imprisonment of 5 years of above, sentence lawfully stoutly. For instance issuance case is medium, to using pedagogic capacity for many times act indecently towards much name year young the Zhang Bao of the accused person of the schoolgirl stands, act indecently towards on the network to using name of recruit child star numerous female child Jiang Chengfei of the accused person, the court all is maintained belong to clue of act indecently towards children abominable, lawfully from sentence set term of imprisonment of 10 years of above again; Male to coax child the accused person that produces same sex sexual behavior plum forest, lawfully from sentence a set term of imprisonment 3 years again.
Ask: Issuance case is medium, 2 are involved crime is carried out after using website sth resembling a net to know the injured party, or itself is carried out in network space namely act indecently towards, in view of this kind of new case, how should prevent plasticity to invade the happening of children crime better?
Answer: As Internet especially of mobile communication equipment gain ground, the phenomenon that adopts children of network sex enroach on is increasing, the harm is greater and greater, need to cause a society really moreAttentionAnd think. According to statistic of partial regional court, in the case of the children of sexual enroach on that tries in recent years, nearly 3 is become is the accused person after using network chatting tool to get acquainted with children, carry out. Network news good and evil people mixed up, children curiosity is strong, to bad news discriminate and ego protection ability is weaker, give a few criminals an opportunity that can be exploited to sbs advantage thereby. The sex that happens between acquaintance at the majority on the tradition relatively violates a crime, of children of network sex enroach on concealment the gender is stronger, discover harder and track, and from already sent a case to look, get of children of network sex enroach on low age change a phenomenon to highlight, make a lot of children reveal the danger in network enroach on in.
Happen to be on guard and reduce network sex enroach on, needGovernmentWith the industry director branch, enterprise, society, school and parent cooperate hand in hand, control oneself through strengthening management, industry, improve a technology, setting children is right of specific network prohibit link and illegal information identify, screen, aggrandizement children uses a variety of approaches such as the safe education of the network, grow for children jointly the network environment that builds safe, healthy, green. Especially parents and teacher should assume a more responsibility, help children enhances the consciousness that prevents network inroad, let children understands and master the ability that identifies a gender to invade, discover a few unusual change of children in time, encounter doubt to be like sexual enroach on, discover in time and call the police, undertake intervention, avoid serious enroach on to happen.
Ask: Commit a crime to preventing children sex inroad, in recent years each district judiciary undertook a few exploration, build warehouse of information of the member that the gender encroachs malefactor for instance, the personnel of specific to applying for to be engaged in industry inquires whether sexual invades criminal record evil doing to wait. To this, what move did people court take? To doing very relevant work further, what do you haveProposal?
Answer: The gender invades children to commit a crime is a complex social issue, also be the grim challenge that global each country faces jointly. From the point of the experience of practice of our country judicatory and international society, processing sex invades children to commit a crime, need grasps the principle that supports blow and precaution to pay equal attention to, build cross mechanism of sectional efforts, intervention, coordinate natural resources of administration, judicatory, family, school, society as a whole rise, form blow and the resultant force that prevent crime. As the judiciary, people court produces adjudgement function effect adequately, research publishs judicatory policy document, strengthen business guidance to groom, hold to what commit a crime to children of sexual enroach on to punish severely posture lawfully from beginning to end, form powerful awe. In the meantime, people court is active and outspread adjudgement function, the society that in be being tried to the case, discovers manages weak point and problem, also will continue all the time with judicatoryProposalWait for a form, seasonable bulletin concerns a section, join forces has done relevant precaution to protect the job.
In recent years, court of and other places of directive Shandong, Sichuan is in top people court punish and preventive enroach on minor and respect of crime of children staying behind, exploration is begun by court, procuratorial work, public security, education, civil administration, group appoint, the couplet motive that the relevant function branch such as the Women's Federation participates in jointly makes pilot item, compose builds seat of the scrolls pasted on either side of the door forming a couplet that cross a ministryThe conferencePlatform, clear, refine each member unit to be in be on guard the duty that children sex invades an aspect, the precaution, happening that reduces crime of sexual enroach on, after ensuring crime happens be discovered in time, be checked, the children that makes suffer enroach on gets better deliverance and protection, positive result is obtained in a few cases, relevant and pilot get the collaboration such as the United Nations Children's Fund Commission square reputably. Of course, we also discover existence a few problems, for instance the gender invades guilty recommit rate is high, in recent years, delegates of a few National People's Congress, The Chinese People's Political Consultative ConferenceCommissarial appeal builds children sex to invade compulsive report system, build a gender to invade database of children malfeasant information to publish its information, partial area is undertaking pilot exploration. But because involve the limitation of basic to the citizen right, be opposite at present the legal responsibility consequence that does not report is ambiguous, the level that approachs personnel of criminal record evil doing to making public a gender, limits, program is ambiguous, and breath system has open letter to accuse measure to coordinate with the special Jiao Zhi to this kinds of personnel, canal only cooperate, gift is nicer the precautionary action with due play, and go up relevantly the basis all pays a law be wanting, earnestly needs legislation to make specific provision, complemental society processing is short board, compose builds more safe to children, dynamic society to protect a network.
