Rule of Law Daily: How can we organize "beating people for free" organizations under the age of 14 | minors | beating people

Three junior high school students under the age of 14 had a conflict while playing basketball, and one of them was hit, resulting in a minor injury of level 2. After reporting to the police, the case remained unresolved, and the legitimate rights and interests of the victim were not yet obtained. On March 22 of this year, the Ankang Railway Transport Court in Shaanxi Province publicly announced the verdict, ruling that a certain county public security bureau should fulfill the duty of guardianship of minors in the case of the victim being beaten within the statutory time limit. At the same time, it issued "Judicial Recommendations" to the county public security bureau and the education and sports bureau respectively.

The above two units have replied within the prescribed time and have implemented each item according to the matters suggested in the judicial proposal.

Recently, the Shaanxi Provincial High People's Court selected 9 typical cases of judicial protection of minors from the cases handled by courts throughout the province since 2022 and released them, which are prominently listed.

Why was the case so unresolved at one point? Why does the court need to send a Judicial Recommendation? What typical significance does this case have? A reporter from the Legal Daily interviewed the Antie Court regarding this case.

The case is "pending"

Damage to the rights and interests of the parties involved

"After the public security organs made the" Decision of No Administrative Penalty "on the case, Xiao Liu has applied for civil compensation to the court. Currently, the court has filed the case," said Chen Guoan, the President of the Comprehensive Trial Division of the Antie Court.

The case mentioned by Chen Guoan refers to the case of Xiao Liu being beaten.

At around 13:00 on December 30, 2021, while playing table tennis, Xiao Liu, Xiao Wu, Xiao Zhang and other students had a physical conflict with Xiao Wu, Xiao Zhang and other students. Xiao Liu was injured and later sent to the hospital for treatment. The preliminary diagnosis of his injuries was: traumatic brain injury, subarachnoid hemorrhage; Multiple soft tissue injuries.

In the afternoon of that day, Xiao Liu's father reported to the police. After receiving and handling the police, the public security bureau designated the case as a public security administrative case and conducted an investigation and inquiry into Xiao Wu, Xiao Zhang, and others that evening. The next day, an on-site investigation was conducted at the scene of the crime, and surveillance videos were retrieved. On January 1, 2022, the administrative case "Receipt" was delivered to Xiao Liu.

Due to severe illness, Xiao Liu was transferred to Ankang Traditional Chinese Medicine Hospital for hospitalization on the night of the incident. After diagnosis, he was diagnosed with closed traumatic brain injury, traumatic subarachnoid hemorrhage, etc.

On January 3, 2022, Xiao Liu's father completed the discharge procedures for him due to his inability to continue paying treatment fees. The next morning, Xiao Liu's father contacted the parents of Xiao Wu and Xiao Zhang through the school and requested to pay Xiao Liu's treatment fees in advance, but was refused by the other party.

On January 16, 2022, the county public security bureau commissioned an appraisal agency to assess Xiao Liu's injury. After appraisal, Xiao Liu's injury was classified as Grade II minor injury.

On January 26, 2022, the county public security bureau converted the case into a criminal case. Later, the decision to revoke the case was made on the grounds that Xiao Wu and Xiao Zhang did not reach the legal age of criminal responsibility and did not meet the conditions for criminal filing. However, no further administrative action was taken on the case.

"After the public security bureau withdrew the case of Xiao Liu being beaten, they did not make a comprehensive and accurate determination of the basic facts involved in the case, including the perpetrator, the perpetrator's behavior, the consequences of the victimization, and the causal relationship between the perpetrator's behavior and the consequences of the victimization, as well as the legal responsibility that the perpetrator needs to bear. That is, they did not make a correct legal evaluation of the case in accordance with the law, resulting in the case of Xiao Liu being beaten being 'unresolved', and their legitimate rights and interests were not effectively protected." Chen Guoan explained.

We can't just give it a free fight

Judicial recommendations issued by the court

On November 21, 2022, Xiao Liu filed an administrative lawsuit with the Antie Court on the grounds that the county public security bureau did not fulfill its duty to protect minors. After the case was filed by the court, a collegiate bench was formed in accordance with the law. The trial was held in private on February 8, 2023, and the verdict was publicly announced on March 22, 2023. The county public security bureau was ordered to fulfill the responsibility of protecting minors in the case of Xiao Liu being beaten within the statutory time limit.

"In practice, incidents of fighting or bullying involving minors under the age of 14, whether it is a public security penalty or a criminal penalty, are often simplified by the public security organs as ordinary cases when they are not of the appropriate age. This may lead to a lack of basic factual basis for victims' requests for civil compensation," Chen Guoan said.

After the public announcement of the verdict, in order to solve the problems of assistance and follow-up for minors involved in the case, as well as the connection between education and punishment, the An Tie Court organized a judicial proposal public announcement meeting and issued "Judicial Recommendations" to the county public security bureau and the county education and sports bureau respectively.

The proposal provides judicial guidance for the county public security bureau to fully fulfill the responsibility of protecting minors in the case of Xiao Liu being beaten in accordance with the law. It is recommended that the county education and sports bureau coordinate to solve the education problem of Xiao Liu and take appropriate educational and disciplinary measures based on the investigation and handling by the public security organs. At the same time, it is recommended that the two units widely carry out legal publicity around adult self-protection and crime prevention, creating a good social environment for the healthy growth of minors.

"In the process of investigating and preventing campus bullying, in handling cases involving minors, such cases cannot be simplified as ordinary cases. It is necessary to strictly comply with relevant laws and regulations in terms of personnel selection, compliance with special procedures, investigation of case facts, determination of legal responsibility, assistance and follow-up, and education and punishment. This case has reference and inspiration significance for public security organs to improve their understanding of the protection of minors, regulate corresponding case handling behaviors, improve law enforcement level, and enhance processing effectiveness." said Wang Qixuan, President of the Antie Law Institute.

Closed the case, continued care

Jointly protecting minors

"Our judicial suggestions to the county public security bureau and the education and sports bureau this time have pointed out laws and regulations and provided procedural guidance for administrative law enforcement work in handling cases involving minors in the later stage. We have made the protection of minors by public security organs, schools, and government departments a 'must answer question' rather than a 'multiple-choice question'." Wang Qixuan further explained.

The county public security bureau replied in writing that, based on investigating the facts of the case, the bureau made a "decision not to impose administrative penalties" on Xiao Wu and Xiao Zhang, ordering their guardians to strictly discipline them, and recommending that their schools provide appropriate education and punishment. Considering the objective situation of Xiao Liu's worsening injury leading to epilepsy and family difficulties, the bureau coordinated with relevant departments to solve related issues such as medical assistance, basic living assistance, and transitional housing security for his family.

The Education and Sports Bureau of the county has also requested that Xiao Liu's school establish a dedicated work class and develop a work plan for sending teachers to their homes. Up to now, they have carried out 7 visits for sending teachers to their homes; United with the county procuratorial organs, civil affairs and other departments to implement "1+N" assistance, raise more than 60000 yuan in assistance funds for Xiao Liu's family through various channels, and carry out legal publicity on the protection of minors and crime prevention in schools; We have formulated a plan to implement the judicial recommendations and promote the prevention and control of student bullying in response to the shortcomings and deficiencies in the protection of minors in the county, ensuring that the prevention and control of student bullying is implemented effectively.

The county government attaches great importance to judicial suggestions and organized a county mayor's office meeting to include the protection of minors in the scope of safety construction assessment. It has formulated a special work plan for "protecting schools and parks", focusing on five key issues such as campus bullying and sexual assault. It has constructed a pattern of minors protection work led by the government, actively participated by industry departments, and actively participated by all sectors of society.

"The comprehensive implementation of this judicial suggestion is a concrete manifestation of the creative implementation of the overall requirements of the Shaanxi Provincial High Court to comprehensively strengthen the judicial protection of the rights and interests of minors by the An Tie Court. It is to strengthen judicial supervision through administrative litigation, urge the county government and functional departments such as public security, education administration, civil affairs, housing and construction, and health administration to fully and correctly perform their duties, cooperate and cooperate with each other, and the joint efforts of schools, social organizations, and caring individuals. Although the case is concluded, the court, relevant functional departments of the government, and all sectors of society will continue to provide assistance, care, and care to children." Wang Qixuan said.