Guangdong High Court Releases Typical Cases of Judicial Protection for Minors
June 4, 2023, 09:24:00
On the occasion of the "June 1" International Children's Day, the Guangdong High People's Court released a batch of typical cases of judicial protection for minors. These cases cover the criminal, civil, and administrative fields, involving severe punishment for crimes that endanger the physical and mental health of minors, post-trial assistance for minor victims, legal protection of minors' rights to support and visitation, urging the fulfillment of family education responsibilities through family education orders, and issuing personal safety protection orders to say "no" to domestic violence. They fully demonstrate the clear position and firm determination of the Guangdong courts to give full play to their adjudicative functions, severely punish crimes against minors, educate and reform delinquent minors, strengthen extended judicial services such as psychological counseling, judicial assistance, and helping and educating minors involved in cases, and safeguard the legitimate rights and interests of minors in accordance with the law, so as to provide strong judicial protection for the healthy growth of minors.
Typical Cases of Judicial Protection for Minors in Guangdong Courts
1. Severely Cracking Down on Child Trafficking Crimes - The Case of Zhang Moumou, Zhou Moumou, etc. Trafficking in Children
- Basic Facts: In January 2005, the defendant Zhou Moumou, together with others, broke into Yu Moumou's home, controlled and tied up Yu Moumou with tools such as pepper spray and transparent tape, and forcibly took away Yu Moumou's son, who was less than one year old, and handed him over to the defendant Zhang Moumou for sale. In addition, Zhang Moumou abducted and sold 8 other children by luring them with snacks and deception, resulting in the suicide of one child's father and the disappearance of 3 children.
- Judgment Result: The effective judgment of the Guangdong High People's Court held that Zhang Moumou, Zhou Moumou, etc. abducted and sold multiple children by means of violently snatching infants from homes and deception, causing great panic among the public and posing a huge social hazard. Zhang Moumou and Zhou Moumou were sentenced to death for the crime of trafficking in children; other defendants were sentenced to life imprisonment and fixed-term imprisonment ranging from ten years respectively; all defendants jointly compensated the parents of some of the abducted children for material losses of 395,000 yuan. The Supreme People's Court approved the death sentences for Zhang Moumou and Zhou Moumou.
- Typical Significance: This case is a major child trafficking case that has drawn national attention. Severely punishing criminals such as Zhang Moumou in accordance with the law and supporting the civil compensation claims of the parents of the abducted children demonstrates the clear attitude of the people's courts in severely punishing crimes against the rights and interests of minors without mercy and protecting the rights and interests of minors in accordance with the law without slack.
2. A Trustee in a Custodial Institution Who Molested Students Was Sentenced to a Lifelong Professional Ban - The Case of Zhao Moumou Molesting Children
- Basic Facts: From September 2019 to March 2022, the defendant Zhao Moumou operated an off-campus custodial institution. Taking advantage of his professional convenience of taking care of students, he molested 8 children under the age of 12 on multiple occasions.
- Judgment Result: The effective judgment of the Nanhai District People's Court in Foshan City held that Zhao Moumou molested multiple children, and his behavior constituted the crime of molesting children. He took advantage of his professional convenience to molest children under the age of 12 in public places on multiple occasions, with a long duration and involving many people. He should be severely punished according to law. He was sentenced to 15 years of fixed-term imprisonment, deprived of political rights for 3 years, and prohibited from engaging in work closely related to minors.
- Typical Significance: This case is the first criminal case in Guangdong courts to apply the Law of the People's Republic of China on the Protection of Minors to pronounce a lifelong ban on a person in an off-campus training institution who sexually assaulted a minor from engaging in work closely related to minors after the release of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Education on Implementing the Professional Ban System. The people's court adhered to a zero-tolerance attitude towards the sexual assault of minors, imposed the severest penalty on Zhao Moumou, and sentenced him to a lifelong professional ban based on the circumstances of the crime and the need to prevent recidivism, fully implementing the principle of acting in the best interests of minors in accordance with the law.
3. Judicial Suggestions Prompted the Rectification of a Dating Platform - The Case of Cheng Mou Raping
- Basic Facts: The defendant Cheng Mou (17 years old) met the victim Liang Mou (12 years old) through an online dating app. Knowing that Liang Mou was under the age of 14, Cheng Mou still had sexual relations with her and threatened to release a video to force Liang Mou to continue their relationship.
- Judgment Result: The First Instance of the Liwan District People's Court in Guangzhou City held that Cheng Mou knew that the victim was a girl under the age of 14 and had sexual relations with her, and his behavior constituted the crime of rape. In view of the fact that Cheng Mou was under the age of 18 when he committed the crime and had surrendered himself, he was sentenced to 1 year and 5 months of fixed-term imprisonment in accordance with the law. The Second Instance of the Guangzhou Intermediate People's Court upheld the original judgment. At the same time, in view of the situation that the involved online dating platform induced minors to add and interact with each other, the court issued judicial suggestions to the public security organs and the Internet information department, suggesting that the social platform be rectified, that guardian supervision and reminder functions be set up for minor social software, that user real-name authentication functions be standardized, and that the content published on the platform be reviewed. If content involving porn or inducing minors was found, the platform should be ordered to rectify or be taken off the shelves.
- Typical Significance: In this case, the online dating platform had behaviors that induced minors, which seriously endangered the physical and mental health of minors. The people's court promptly issued judicial suggestions to the relevant departments, promoting the rectification of the social platform by the relevant departments in accordance with the law. Based on these judicial suggestions, the rectification of similar dating platforms for minors was gradually carried out, striving to achieve the goals of crime prevention, source governance, and comprehensive governance.
4. Multiple Departments Jointly Provided Post-Trial Assistance to a Minor Victim - The Case of Pan Moumou Molesting a Child
- Basic Facts: In November 2021, the defendant Pan Moumou molested Zhao Mou (10 years old), a neighbor's child, while Zhao Mou was playing with a mobile phone in the backyard. Later, taking advantage of the absence of Zhao Mou's family, Pan Moumou entered the room and molested Zhao Mou again.
- Judgment Result: The First Instance of the Pengjiang District People's Court in Jiangmen City held that Pan Moumou molested a child under the age of 14, and his behavior constituted the crime of molesting a child. He was sentenced to 3 years and 6 months of fixed-term imprisonment. The Second Instance of the Jiangmen Intermediate People's Court upheld the original judgment. The handling judge learned that Zhao Mou expressed a strong desire to move. Considering that Zhao Mou's parents were divorced, Zhao Mou lived with his father, stepmother, grandparents, and the family's financial situation was difficult, the judge jointly carried out judicial assistance with the procuratorial organs, providing 28,000 yuan of national judicial assistance funds for Zhao Mou's family to rent a new house.
- Typical Significance: This is a molestation case that occurred between neighbors. Pan Moumou's molestation caused great harm to the physical and mental health of the victim Zhao Mou. While severely punishing the crime against minors in accordance with the law, the people's court actively extended judicial assistance. It also jointly worked with the procuratorate, women's federation, sub-district office, and other departments to help the victim get out of the psychological shadow and regain confidence in learning and life, effectively implementing the principle of comprehensive protection for minors.
5. Improper Exercise of Educational Disciplinary Power by an Educational Institution Constituted Infringement - The Case of Fang Mou v. a School's Liability for Educational Institution
- Basic Facts: In November 2019, Wang Mou, the head of the first grade of junior high school in a certain school, without verification, conveyed the false information that Fang Mou was in a puppy love to the class teacher Zhang Mou. Zhang Mou publicly criticized Fang Mou based on this, slapped the table and loudly scolded Fang Mou, saying things like "get out if you don't want to study," and then illegally suspended Fang Mou from school for more than a week. In December 2019, due to concerns about falling behind in studies due to the long suspension and fear of being laughed at by classmates, Fang Mou attempted to commit suicide at home. Later, Fang Mou was diagnosed with "depressive state," hospitalized for 56 days, and transferred to another school after discharge. Fang Mou sued the court, demanding that the school, Zhang Mou, and Wang Mou publicly clarify the facts, apologize, and compensate for medical expenses, etc.
- Judgment Result: The effective judgment of the Xiangzhou District People's Court in Zhuhai City held that Wang Mou and Zhang Mou believed and spread the false information about Fang Mou's puppy love, publicly criticized and scolded Fang Mou, and illegally suspended Fang Mou from school for more than a week. Wang Mou did not clarify the facts or correct the mistake of suspending Fang Mou from school for a long time after learning the truth. Ultimately, Fang Mou's mental health was damaged, and he developed a mental illness. Their behavior was an improper exercise of educational disciplinary power and constituted an infringement. Since the above behaviors were carried out by Zhang Mou and Wang Mou during the performance of their teaching duties, the school should bear civil liability. Therefore, the court judged that the school should apologize to Fang Mou in writing and compensate for medical expenses, psychological counseling fees, mental damage抚慰金, etc., totaling 65,000 yuan.
- Typical Significance: This case is an infringement case caused by the improper implementation of educational disciplinary power by a school. The people's court clarified the legal boundaries for schools and teachers to exercise educational disciplinary power, clearly stating that the consequences of pure psychological harm also fall within the scope of personal injury compensation. It guided schools and teachers to properly fulfill their educational responsibilities within the framework of laws, regulations, and professional ethics, actively escorting the healthy growth and development of minors.
6. Accurately Applying the Measures for Assisting in the Preservation of Visitation Rights - The Case of Zhou Mou v. Qu Moujia's Visitation Rights Dispute
- Basic Facts: Zhou Mou and Qu Moujia had a daughter, Qu Mouyi, after marriage. After their divorce, Qu Moujia took their daughter to another place to raise. In August 2022, Qu Moujia blocked Zhou Mou's WeChat and phone numbers and confiscated Qu Mouyi's phone, preventing Zhou Mou from visiting Qu Mouyi. Zhou Mou sued the court, requesting that Qu Moujia assist her in exercising her visitation rights. In November 2022, the court's first instance judgment granted Zhou Mou the right to visit and specified the time, place, and method of visitation. Qu Moujia appealed and continued to refuse to cooperate with Zhou Mou in exercising her visitation rights on the grounds that the judgment had not taken effect. Zhou Mou then applied for the preservation of actions, requesting a ruling that Qu Moujia assist her in exercising her visitation rights through video chats and other means every weekend.
- Judgment Result: The effective ruling of the Huangpu District People's Court in Guangzhou City held that although Qu Mouyi was raised by Qu Moujia, Zhou Mou's reasonable visitation rights should still be protected according to law. Qu Mouyi clearly expressed her willingness to meet with Zhou Mou and spend the winter and summer vacations with Zhou Mou. Qu Moujia's refusal to assist in the exercise of visitation rights damaged Zhou Mou's legitimate rights and interests and also had an adverse impact on Qu Mouyi's physical and mental health. Therefore, the court ruled that Qu Moujia should assist Zhou Mou in having a video chat with Qu Mouyi once a week, with each video lasting no less than 10 minutes. At the same time, a Letter of Assisting in Visitation was issued, ordering Qu Moujia to fulfill the obligation of assisting in visitation as ruled in the preservation of actions.
- Typical Significance: The right of visitation is not only the right of parents but also the right of minor children. Adhering to the principle of maximizing the interests of minors, the people's court comprehensively considered the age, discrimination ability, and wishes of the minor child, reasonably applied the action preservation system, and issued a Letter of Assisting in Visitation. The "cloud visitation" through video chat solved the dilemma of the blank period of visitation rights during the litigation process, providing a solid guarantee for the realization of visitation rights and the physical and mental health development of minors.
7. A Divorce Agreement Does Not Prevent a Minor from Claiming Child Support Due to Actual Living Needs - The Case of Huang Mouyi v. Liang Moujia's Child Support Dispute
- Basic Facts: Liang Moujia and Huang Moujia got married in July 2015 and had a son, Liang Mouyi. In November 2017, they divorced by agreement. Liang Mouyi was raised by his mother, Huang Moujia. Liang Moujia was required to pay 1,500 yuan in child support per month and had the right to visit. In June 2018, the two parties signed another Agreement, stipulating that "Liang Mouyi would change his surname to Huang Mouyi. After the name change, the man would not need to pay child support to the woman, and at the same time, the man would lose his right to visit." They also went through the name change registration for Liang Mouyi. Later, Huang Mouyi sued the court, demanding that Liang Moujia pay 66,000 yuan in arrears of child support and continue to pay 1,500 yuan in child support per month until he reached the age of 18.
- Judgment Result: The effective judgment of the Zhanjiang Intermediate People's Court held that after the divorce of parents, minor children are still the children of both parents, regardless of whether they are directly raised by the father or the mother. Parents still have the rights and obligations to support and educate their children. The agreement in the involved Agreement does not prevent Huang Mouyi from claiming child support from Liang Moujia based on his actual living needs. Considering Huang Mouyi's current actual living and learning needs, Huang Moujia's income situation, and the local living standards, etc., the court judged that Liang Moujia should pay 10,500 yuan in child support to Huang Mouyi and then pay 1,000 yuan in child support per month until Huang Mouyi reached the age of 18.
- Typical Significance: Child support is an important guarantee for the healthy growth of minor children. The agreement of parents on child support should not affect the healthy growth of children. The people's court legally determined that if the actual situation changes, and the support ability of the parent directly raising the child is obviously unable to guarantee the living expenses of the child, affecting the healthy growth of the child, the claim of the other parent to refuse to pay child support based on the agreement will not be supported, fully safeguarding the legitimate rights and interests of minors.
8. Urging the Correct Fulfillment of Family Education Responsibilities with a Family Education Order - The Case of Xie Moujia v. Xu Mou's Dispute over Changing the Custody Relationship
- Basic Facts: Xie Moujia and Xu Mou were formerly husband and wife. In March 2021, the court granted their divorce. Their daughter, Xie Mouyi, was raised by Xu Mou. Later, Xie Moujia and Xu Mou had frequent intense conflicts over Xie Mouyi's visitation and custody issues, and they even argued endlessly during the critical period of Xie Mouyi's high school entrance examination preparation, seriously affecting her normal study and life. In April 2022, Xie Moujia sued the court, alleging that Xu Mou beat and abused their daughter and that her words and deeds seriously affected the physical and mental health of their daughter, and requesting that the custody of Xie Mouyi be changed to him.
- Judgment Result: The effective judgment of the First People's Court of Dongguan City held that considering that Xie Mouyi was over 15 years old and had a relatively high level of self-evaluation ability in daily study and life, after strictly examining the evidence submitted by Xie Moujia and fully listening to and distinguishing the true wishes of the minor child, it was determined that the evidence submitted by Xie Moujia was insufficient. The court rejected Xie Moujia's lawsuit request. At the same time, a Family Education Guidance Order was issued to Xie Moujia and Xu Mou, requiring them to accept on-site family education guidance from the court within a time limit and promptly correct their wrong behaviors in fulfilling family education responsibilities.
- Typical Significance: Parents are the first guardians and teachers of their children. They should not only provide the material conditions for their children's normal growth but also pay close attention to and guide their children to develop good conduct and a positive attitude towards life. In this case, the people's court actively extended its judicial functions, integrated family education guidance into the trial of family cases, urged guardians to correctly fulfill their family education responsibilities, and created a stable and harmonious environment for the healthy growth of minors.
9. The Anti-Domestic Violence Linkage Mechanism Protects the Rights and Interests of Minors - The Case of Zu Mouyi v. Zu Moujia's Application for a Personal Safety Protection Order
- Basic Facts: After the divorce of his parents, the minor Zu Mouyi lived with his father, Zu Moujia. Zu Moujia repeatedly used violence, such as beating and scolding, in the process of family education. After one such beating, Zu Mouyi sought help from the local women's federation. The women's federation and the court immediately activated the anti-domestic violence linkage mechanism. The women's federation collected relevant evidence materials and applied for a personal safety protection order on behalf of Zu Mouyi.
- Judgment Result: The effective ruling of the Shunde