Hohhot released 8 typical cases of judicial protection of minors -Xinhuanet Inner Mongolia Channel
Source: Hohhot Evening News The healthy growth of minors is related to the happiness and tranquility of millions of families, and it is also related to the harmony and stability of society.
Strictly punish various types of illegal crimes that infringe on minors. It is an important responsibility of the people’s court to implement education, influence, and saving the principles of education, influence, and saving minors.
On May 31, the Hohhot Intermediate People’s Court released a typical case of protecting the rights and interests of minors in the city’s court in the past two years. Case 1: Take a long -term long -term and multiple obscenity for children from 2017 to 2021. The defendant Sun Moumou used his special identity during his teachings in a school. In the school’s dormitory of the man, many victims under the age of 12.
The people’s court held that the defendant Sun Moumou was a people’s teacher and repeatedly molected a number of students under the age of 12 during the teaching. The crime motivation was despicable, the crime was bad, and the social harm was great. The court sentenced Sun Moumou to 11 years in prison for his guilty child.
Case 2: Online fraud on the grounds of reflection of order -Minor Hao Mou, a minor, was suspended by the minor. In May 2020, it was based on illegal possession. By sending a QR code scanning code payment, 5 times deceived others’ property.
The people’s court held that the defendant Hao Mou had the purpose of illegal possession, fictional facts, and deceived the amount of property of others, and his behavior had constituted a crime of fraud. The defendant Hao Mou was 16 years old and less than 18 years old when he crime, and he should be punished from light or or reduced according to law. The defendant Hao was able to voluntarily plead guilty during the investigation, review and prosecution stage, and the trial. From wide treatment; the defendant Hao’s close relatives actively refunded all the victims after the incident and obtained the victim’s understanding, actively paid the fine, and could also be punished as appropriate. Based on the facts of the case and the above -mentioned circumstances, the people’s court decided to punish him lightly, sentenced the defendant Hao to the defendant Hao for 3 years, the probation of 4 years, and a fine of RMB 5,000. Case 3: Selling personal payment tools for crime, constituting the crime of helping to be convicted of the defendant Liao Moumou, a minor, knowing that selling his own bank card may be used by others for crime, and still in Guangxi on April 28, 2021, on April 28, 2021, in Guangxi on April 28, 2021 Provincial Yulin City betrayed his mobile banking, bank cards, and telephone cards to criminals who knew on the chat app, and charged 2,000 yuan in cash.
After the incident, the defendant Liao Moumou took the initiative to call the case by the public security organ. The people’s court held that the defendant Liao Moumou knew that others used information networks to commit crimes and still provided payment settlement for his crime. The circumstances were serious. Liao Moumou’s behavior constituted the crime of helping information network crime. The defendant Liao Moumou was summoned by the public security organs to take the initiative to arrive in the case. He confessed the crimes and met the constituent elements of the surrender. He was less than 18 years old when he crime, and voluntarily pleaded guilty. The defendant Liao Mou was sentenced to 6 months in prison and fined 4,000 yuan. Case 4: In the name of love, the People’s Court issued a family education guidance for Li Moumou to be 6 years old. His parents agreed to divorce when he was 3 years old. He agreed that he was raised and guarded by his father. The mother had the right to visit.
Because his father did not have a stable work income, his mother had not paid the support fee, which caused Li Moumou’s basic life to be guaranteed. Li Moumou then sued his mother to pay the support fee.
The court of first instance judged Li Moumou’s appeal, and his mother refused to appeal.
The court of the second instance believed that the court’s judgment was not improper, and the first instance judgment was maintained in accordance with the law. The people’s court held that because Li Moumou’s parents did not actively fulfill their supervision obligations and the responsibility of discipline, Li Moumou was taken care of by his grandmother. Considering that the parents’ severe absence in the family may bring dual injuries to the marriage and child, the judge who tried the case in the second instance court patiently explained the "Family Education Promotion Law of the People’s Republic of China Family Education Promotion Law to Li Moumou’s parents. "Relevant regulations, instructed Li Moumou’s parents to sign the" Notice of Family Education Responsibility "and" Guarantee of Bringing Baby Bringing Baby "while receiving the verdict, ordering their parents to assume the main responsibility of family education, remind them to fulfill their supervision duties, pay attention Children’s physical and mental health. Case 5: The people’s court issued a personal safety protection order Li and Chen’s husband and wife. Chen’s marriage to the two sides, Chen Moumou, caused violence and caused a lot of skin trauma and bruises in the body parts of Chen Moumou. In order to safeguard his legitimate rights and interests, Li Mou applied for a personal safety protection order from the court. The people’s court held that the application of Li and Chen Moumou met the statutory conditions for personal safety protection orders. In accordance with the provisions of Article 26, Article 27, 28, and 29 of Article 26, 27, 28, and 29 of the People’s Republic of China, it is made. The implementation of domestic violence; 2. It is forbidden to harass, track, and contact Li Mou and Chen Moumou. After the ruling, in order to effectively protect the personal safety of women and children, the undertaking judge explained Chen Mou on the legal effectiveness of the personal safety protection order, and criticized and educated him for domestic violence. In the future, there will be no domestic violence on marriage and having children.
Case 6: The child’s support problem did not properly resolve the court that the court could not be divorced by the divorce Liu Moumou and Gu Moumou in the bar. The two parties registered for marriage in August 2018. After living together, they found that their personality was inconsistent. Liu Moumou sued to the court to ask for divorce, but he insisted on how to raise children. The people’s court held that although both men and women agreed to divorce, they were unwilling to raise marriage and have children, and they wanted the other party to raise them.
Because of the small period of marriage, in the critical period of life, the care and companionship of both parents requires both parents.
However, both parents pushed each other and were seriously irresponsible about raising marriage and children. Whether such behavior violated social morality. Before the child’s support, the parent’s divorce requested that the people’s court may not support it. Therefore, the two parties were not allowed to divorce according to law. Case 7: In the face of infringement disputes to maximize the legitimate rights and interests of minors, Cui Moumou is 6 years old this year. On July 10, 2021, Yunmou drove a small ordinary passenger car with Cui Moumou, who crossed the motor lanes, and caused a collision. Cui Moumou was injured. After the accident, Cui Moumou was sent to the hospital for treatment.
Later, the Municipal Public Security Bureau’s traffic management detachment was identified as: Yunmou should take the main responsibility of the accident, but the two parties failed to reach a dispute over the compensation issue. Cui Moumou complained to the court. During the trial, Cui Moumou’s legal agent applied for judicial appraisal of Cui Moumou’s disability level and three -phase expenses, and the appraisal agency issued an appraisal opinion. Because Cui Moumou had a traffic accident less than 5 years old, considering his young children, the accident caused the double harm of physical pain and fear of young soul. Invoasing the judges in a timely manner to conduct mediation, in accordance with the principle of maximizing the interests of minors, and ultimately contributed to the mediation between the two parties. The insurance company agreed to pay the upper limit of the nursing period and the upper limit of the nutritional expenses in the judicial appraisal opinion and perform the obligation to pay the payment on the day of the mediation. Essence
Case 8: Minors who have been damaged by the school in the school are not fulfilled in the management responsibility of the school. During the ball, Huo was pushed down and caused a fracture of the right arm. The hospital was diagnosed and determined that the right aelamic fracture was accompanied by the median nerve injury.
Wang found the school negotiation compensation, and the school did not give a clear reply.
Later, Wang Mou complained to the court, a elementary school and the corresponding insurance company. According to the trial of the people’s court, in accordance with Article 1,200 provisions of the "People’s Republic of China", people who restrict civilian behavior are subject to personal damage during school or other educational institutions. If management responsibilities shall bear the liability for infringement. Wang Mou, a primary school student in this case, caused himself to be injured due to the collision between football and Huo during the class exercise. According to the school’s teaching arrangements, the time of the inter -class exercise is to rest and relax. , Excluding football.
The school obviously had negligence management and the school did not go to court to defense, so it should bear the corresponding infringement liability. Due to the responsibility insurance of the school’s insurance company (park) in the insurance company, the student injury occurred during the insurance period, and Wang’s actual loss was eventually compensated by the insurance company.
(Reporter Anna Correspondent Surura) Original Title: The Municipal Intermediate People’s Court released 8 typical cases of judicial protection of minors.