Parents are dissatisfied. Netizens have both sympathy and doubts. The class teacher was acquitted in the second trial of the "11-year-old boy jumping off building case" | Jumping off building | Zhang Kuan
"Maybe justice still needs to wait in line." At 10:30 a.m. on May 17, 2024, Wang Beilei walked out of the Intermediate People's Court of Jiujiang City, Jiangxi Province and said to the camera. She was holding in her hands the textbooks and homework of her son Zhang Kuan that she had just received from the court, and she could not stop shaking.
After the second trial verdict was announced, Wang Beilei could not hide her disappointment. The pictures in the text are all taken by Lei Ceyuan unless otherwise noted.
Half an hour ago, Zhang Dingjie and Wang Beilei's second-instance appeal case against Zou for committing the crime of insulting and abusing the person in care was pronounced: the court believed that the existing evidence was insufficient to prove that Zou's behavior constituted the crime of insulting and abusing the person under care. The appeal was dismissed and the original judgment was upheld.
At around 16:00 on November 9, 2021, 11-year-old Zhang Kuan jumped from a high-rise building in his community after school and ended his life. And left a suicide note: "I, Zhang Kuan, sincerely admit that my death has nothing to do with my parents, parents, society, or country, but only has to do with Zou, who used violent means." The Zou mentioned in the suicide note, He is Zhang Kuan’s class teacher and Chinese teacher.
The suicide note left by Zhang Kuan. Picture provided by interviewee
Through the surveillance video in the classroom, Zhang Dingjie and his wife discovered that before the incident, Zou had publicly derogated, humiliated, and scolded Zhang Kuan many times in the class, eight times on the day of the incident alone. The angry parents took Zou to court for insult and abuse of the person being cared for.
In August last year, the first instance of the case was pronounced at the Lianxi District People's Court of Jiujiang City, Jiangxi Province, and found Zou not guilty. Zhang Dingjie and his wife appealed in court. On November 21 of the same year, the second trial was held. "Whether Zou's behavior towards Zhang Kuan was a normal educational punishment or an insult" became the focus of debate between the prosecution and the defense.
After the verdict of the second instance was pronounced today, Zhang Dingjie shouted "I don't accept it!" in court and said he would apply to the Jiangxi Provincial Higher People's Court for a retrial. "The wheel of justice will always encounter many obstacles when it rolls forward, but I believe it will sail towards the light." Zhang Dingjie said.
Classroom surveillance video is the key to restoring the truth and has also become the main basis for the trial.
During the second instance of the case, Zhang Dingjie raised objections to the appraisal opinion issued by the Fujian China Securities Judicial Appraisal Center entrusted by the court of first instance, and applied for a Shanghai appraisal agency selected by him to recover and authenticate the original memory card data. In December last year, based on Zhang Dingjie's application, the court of second instance sent the presiding judge to the institution to negotiate appraisal matters, and Zhang Dingjie was also present. At that time, Zhang Dingjie discovered that the hash value of the memory card displayed on the computer was inconsistent with the hash value identified by the Fujian China Securities Forensic Appraisal Center. He questioned the authenticity of the memory card on the spot and proposed to examine the materials of the two appraisals. Perform consistency verification.
Zhang Dingjie said that he had called the court many times since then, but only got through twice. The other party told him that he needed to study and make a decision and asked him to wait for news. Unexpectedly, he waited for the sentencing notice.
The second-instance trial showed that: After the incident, the public security agency obtained the classroom monitoring equipment and the original storage card from the school in accordance with the law. In order to ensure the safety of the original evidence, the public security agency made an image backup of the storage card and handed over the image file. It was given to Fujian China Securities Forensic Appraisal Center for appraisal. Fujian China Securities Forensic Appraisal Center and the appraisers have legal qualifications and the appraisal procedures are legal. This document can be used as evidence for finalizing the case. The court consulted technical experts and found out that the hash value of the image file storage card would change due to reasons such as viewing evidence and displaying it in court. Therefore, the court did not conduct data recovery and identify the consistency of the two inspection materials.
"We have been appealing about the original card from the first instance to the present. We just want to use the original card to recover data. The second instance court believes that it is meaningless to conduct data recovery and re-identification. The first instance took a USB flash drive, and the second instance took a If the data is inconsistent with the card, why don’t you take out the original card?” Zhang Dingjie said, “As private prosecutors in private prosecution cases, we have the right to know and provide evidence for our own claims. Why are we keeping the key evidence confidential? Without knowing it, the court made a judgment directly?”
He also pointed out: "In response to Zou's previous slander that Zhang Kuan had cancer, took a semester off, and was a poor student, we submitted Zhang Kuan's homework books, test papers, student handbooks and other evidence to refute, but there was not a single word in the judgment. I didn’t mention it. There has to be an explanation whether the evidence is accepted or not.”
"I'm not convinced!" Almost the second the judge finished reading the verdict, Zhang Dingjie, who was sitting on the plaintiff's bench, stood up and shouted loudly.
After walking out of the court, Zhang Dingjie couldn't calm down for a long time.
Court: Existing evidence is insufficient to establish causality
In fact, before the verdict of the second instance was pronounced, Zhang Dingjie's family was mentally prepared for the outcome of the trial. It's not so much about psychological preparation, but more about lowering expectations, or even not daring to expect them. "It can only be said that we have prepared for the worst." Zhang Dingjie said.
Wang Beilei clearly remembers the state of the family when the first-instance verdict was announced. They originally expected "no problem" and were shocked when they heard the verdict of Zou's innocence. Wang Beilei had even ordered flowers before, and planned to spread sunflowers over the place where Zhang Kuan died after the verdict was announced, "to tell him the good news of winning the case." Unexpectedly, it backfired. They stood in court, maintaining restrained calm on the surface, but in fact their hearts were shattered...
Watching Zou leave under the escort of the bailiff, Wang Beilei asked Zhang Dingjie: "Should we do it ourselves?" She felt that since the legal method was not feasible, she would take revenge in a mother's way. She wanted to pounce on Zou and "rip him apart" Some, "let the evildoers pay the price." Zhang Dingjie stabilized her.
But this time, the "time" they wanted still hasn't come.
In the defendant's dock, Zou wore a black mask, lowered his head the whole time, and did not say a word. After the court hearing was over and the signature was confirmed, she hurriedly left under the protection of the bailiff. Zhang Dingjie, Wang Beilei and Zhang Kuan's grandfather Wang Aimin rushed forward and cursed angrily at Zou, but were stopped by the bailiff.
During the second trial, Zou wore a black mask, lowered his head the whole time, and did not say a word.
After the incident, Zou's original mobile phone number has been switched off, and she has never accepted media interviews.
In the second-instance judgment, the court held that: Zou’s behavior did not substantively deviate from the purpose of education, nor did it clearly exceed the scope of the exercise of educational rights. He did not intentionally denigrate or damage the student’s personal dignity and reputation, nor did he deliberately target and treat Zhang differently. Width. His behavior itself is not enough to cause others to commit suicide by jumping off a building. The existing evidence is insufficient to determine that there is a criminal causal relationship between Zou's behavior and Zhang Kuan's death.
"In the process of criticizing and educating students, Zou failed to pay attention to humanistic care and psychological counseling, and failed to pay more attention to the psychological and emotional changes of primary school students who were not yet mature physically and mentally. Although his behavior did not constitute a crime, it was in line with the requirements of the People's Teachers' Professional Ethics Code If it is not consistent, the education authorities will impose corresponding party discipline and government sanctions.”
On July 10, 2022, the Jiujiang Municipal Education Bureau reported that Zou had illegally accepted red envelopes from service recipients, accepted banquets from service recipients, and made accommodation arrangements in Lushan; he had violated work disciplines, incorrectly performed his duties, and repeatedly treated students during classroom teaching. Many students engaged in sarcasm, discriminatory behavior, and asked students to correct each other's homework, which violated teachers' ethics. A punishment decision was made on Zou to give a serious warning within the party, reduce the level of two positions, and transfer him from the teaching position.
In Wang Aimin's home, there is a room specially set up to commemorate Zhang Kuan. It was originally the place where Zhang Kuan did his homework during his lifetime. Now there are candies, chocolates and biscuits that Zhang Kuan loved to eat, as well as toys from his childhood on the table. The day before the trial, Wang Aimin took out the relics of Zhang Kuan that he had kept from the cabinet. He usually did not dare to touch these things. "It's so sad to see that I can't bear it." It was the same this time. He hadn't spoken yet. , his eyes were already red, and tears could not stop flowing down.
On a white thermos cup that Zhang Kuan used before his death, there is also his fingerprint, which may have been left accidentally when his hands were dirty. Wang Aimin regards it as a treasure. He opened the lid of the thermos cup and smelled it, then took out a quilt that Zhang Kuan had covered when he was a child and brought it to his nose to smell, "There is still the smell of Zhang Kuan on it." This was his way to relieve his longing.
Wang Aimin opened the lid of the thermos cup, smelled it and said, "There is still the smell of Zhang Kuan on it."
Zhang Kuan's schoolbag is a military green canvas bag with Chairman Mao's face and "Serve the People" printed on it. One year, Zhang Dingjie went on a business trip to Yan'an. He took photos and asked Zhang Kuan what gift he wanted. Zhang Kuan chose this schoolbag. "My child has been very upright since he was a child. You can tell by looking at the things he chooses to serve the people." Zhang Dingjie said.
Wang Aimin showed Zhang Kuan’s schoolbag and homework to reporters. Because he is too sad, he usually "dare not touch" these things.
Wang Aimin is a veteran policeman. He founded and was responsible for the joint construction of the police-citizen juvenile police academy in Jiujiang for many years. He is quite famous in the local area and is known as the "old squad leader" and "battalion elder father". Many of his brothers hold important positions in Jiujiang. Wang Beilei was a reporter at Jiujiang TV Station and later resigned to open a psychological counseling studio. Zhang Dingjie is a traffic policeman who has been a police officer for 15 years.
After Zhang Kuan's accident, the originally happy family fell apart.
After Zhang Kuan died, Wang Beilei lay in bed for three days without eating or drinking. On the fourth night, two of her uncles who held leadership positions came to visit. Wang Beilei climbed out of bed and made noodles for her uncles. While cooking the noodles, Wang Beilei's hands couldn't stop shaking, but she still endured it because she thought, "The people who support us are here."
Unexpectedly, she overheard the conversation between her uncles. The fourth uncle asked the younger uncle what he thought about this matter. The younger uncle said: "I will not participate." Wang Beilei couldn't believe her ears. She was looking for reasons in her heart for her uncles who had doted on her since childhood. Did they have any difficulties? Are they because of stress? However, what happened one after another completely shattered her last hope.
Wang Aimin's brother had tried to dissuade him and Zhang Dingjie more than once not to pursue the school and Zou's responsibilities any further, not to publish relevant information online, and to settle the matter earlier by taking the compensation. During the Chinese New Year one year, an uncle even beat him up. Got Wang Beilei.
The friends around her also chilled Wang Beilei. She has three best friends. One of her best friends couldn't be contacted after Zhang Kuan's accident. One of her best friends blocked her on WeChat after sending her a condolence message. Only one of her best friends is still with her. Wang Beilei knows, "No one wants to be involved in this kind of trouble."
In pain, Zhang Dingjie and his wife chose to leave. Now only Wang Aimin, who has not yet retired, stays alone in Jiujiang; Wang Beilei's mother and younger brother's family stay in Shenzhen; Zhang Dingjie settles in Shanghai, but because of his work as a lawyer, he often travels across the country; in order to open psychological studios in Shenzhen and Hong Kong, In the past six months, Wang Beilei also moved from Shanghai to Shenzhen. Because of her busy work, she and Zhang Dingjie could only see each other once a month on average...
The family is scattered all over the world, renting a house and new environment, making Wang Beilei often feel drifting. "A good family has become what it is now." Wang Beilei said.
“We can no longer use the old methods to educate today’s children.”
Every time the "Zhang Kuan case" returns to the public eye, it triggers a round of discussion on education issues.
"Children today are prone to jumping off buildings. Parents should pay more attention to their children's mental health." "Children today are not allowed to be beaten or scolded. Teachers are only responsible for teaching and cannot take care of anything else!" "If this crime is sentenced to the teacher, then Who dares to be a teacher in the future?”… After the second trial verdict, in addition to sympathy, there were also many voices of doubt.
In response, Zhang Dingjie responded: "We are not saying that it is wrong for teachers to discipline students. What we oppose is not normal educational punishment, but teachers who harm children with insults, derogatory and other behaviors." During the second instance trial, they repeatedly emphasized: "Discipline does not mean beating and scolding, and criticism does not mean insult."
After Zhang Dingjie quit his job as a traffic policeman for 15 years and became a lawyer, many parents with similar experiences came to him. Some ask him to represent them in cases, while others just ask him to talk. Sometimes he feels overwhelmed, but he never dares to give up. "To prevent similar tragedies from happening again." He regarded this as the mission left to him by his son.
An originally happy family of three. Picture provided by interviewee
Someone also approached Wang Beilei and suggested that she set up a charity organization so that parents with similar experiences could get together and stay warm. Wang Beilei immediately refused. "Sorry, I can't do it," she said. "People with cold hearts cannot be warmed together. If I can succeed in Zhang Kuan's case, I will have saved countless children."
Wang Beilei's psychology studio only accepts teenagers because she feels she has the ability to help them.
She found that 90% of the parents who came to her had a problem, that is, they often only solved the problem based on their children's symptoms: not loving studying, running away from home, transferring money to anchors... "In fact, it is very simple to solve children's problems. "What they need is one thing: to be seen," Wang Beilei said.
Healing a child requires a long and arduous process. Some children are unwilling to say a word when they come. She does not force her, but uses drawings, sand tables, etc. to get into the child's heart bit by bit and see where he is vulnerable. , what does he need.
"Most parents have said this to their children: I worked so hard to raise you, why are you still so disobedient? Such words are not only ineffective, but will also increase the burden on the child and make it feel like a burden." Wang Beilei said, "We can no longer educate today's children the old way."
Now, Wang Beilei still suffers from insomnia and sometimes feels desperate: "The future is so long, how should I live?"
Whenever this happens, she will try to keep herself busy. She said that there is only one belief that supports her: "The task Kuan Kuan has given me has not been completed, and I cannot collapse."