She filed a claim against a human trafficker but was denied. At the age of 13, she was abducted and her "husband" passed away 26 years later. Li Jingwei | Liu Chaohua | Human trafficker

Li Jingwei, who was abducted in his childhood, successfully found his family through hand drawn maps and gained widespread attention. Behind this incident, there is also a tumultuous history of Li Jingwei and two other young daughters in his family being abducted.

On June 13th, the abduction case of Li Jingwei was sentenced to first instance, with two defendants sentenced to ten and eleven years respectively, each compensating Li Jingwei with 50000 yuan. In the same month, the case of Li Jingwei's sister-in-law and cousin being abducted also received a first instance verdict.

Li Jingwei's sister-in-law Li Decong and cousin Li Xiaolan were abducted at the ages of 13 and 10, respectively.

Screenshot of Li Decong's video

Li Decong recalled to Pengpai News that in 1987, she and her niece Li Xiaolan were abducted from Yanjin County in Zhaotong, Yunnan to Lixin County in Bozhou, Anhui. She was sold to a man in his 40s for 3000 yuan, and later forced to have sexual intercourse with him, giving birth to a son and a daughter. Li Xiaolan was sold to another elderly male in Lixin County.

Li Decong said that after being abducted and trafficked, she dared not and could not escape. She once wrote a letter to her family, but it was burned and only one letter was sent back to Yunnan. It was not until her husband's death in a car accident in 2013 that she gained psychological freedom.

In the case of Li Decong and Li Xiaolan being abducted, the six defendants were sentenced to prison terms ranging from five to seven years in the first instance and fined between 3000 to 5000 yuan. The spiritual compensation of over 400000 yuan proposed by Li Decong was not supported by the court.

After the verdict was made, Li Decong felt disappointed and has now appealed the civil part. Apart from insisting on spiritual compensation, she believes that human traffickers have not received the punishment they deserve. "I have suffered for so many years, and my whole life has been destroyed by human traffickers. My family, the family of my mother in Yunnan, has also been 'demolished' by human traffickers to pieces." She said.

Due to the fact that Chinese law does not yet support the application for spiritual compensation in criminal incidental civil litigation, Li Decong's appeal is likely to be "unsuccessful" again. But the relevant legal provisions are not without controversy.

The kidnapping and trafficking of young girls involving relatives

Li Decong and Li Xiaolan were born in a small village in Yanjin County, Zhaotong, Yunnan.

For his childhood hometown, Li Decong doesn't have a deep impression. He only remembers having five older brothers and one sister. The family was squeezed into a wooden house, with a pear tree planted in the yard and a paddy field in front of the house. The family made a living by farming, growing rice, corn, potatoes, and tea.

She said that because she couldn't make up for the tuition fees, she dropped out of school after only finishing first grade and returned home to help with tasks like herding cows and mowing grass.

The verdict shows that in 1987, Li Decong and Li Xiaolan were abducted and sold by the same group of people. At that time, Li Decong was 13 years old and Li Xiaolan was 10 years old.

"Your family is poor and your food and clothing are not good. Taking you to help others can earn money," Li Decong recalled. On a day in the eighth lunar month of the year when she was abducted, her sister-in-law Hou Yan Xun said the above words to her. After that, he took her to Yunlian County in Yibin, Sichuan to play for a period of time, and then locked her up. He also told her to help her find a companion if she was bored. That night, my niece Li Xiaolan was also brought over. Afterwards, the two of them were tossed and turned by a group of people and taken onto the minibus from Yunlian to Yibin.

"When I was in the car, I heard my older brother calling me," Li Decong said. She wanted to see, but someone held her head down. Later, they were taken to Yibin, where human traffickers changed their clothes and cut their hair. They realized they were going to be abducted and prepared to run away. Eventually, they were pulled away and took a train to Lixin County, Anhui Province.

Li Xiaolan was also deceived out of her home for similar reasons. The verdict shows that Li Xiaolan stated that at that time, a woman from the same county, Liu Chaohua, said she wanted to take her out to work and also said that Li Decong was going. She agreed because her family was poor.

Li Xiaolan said that Liu Chaohua took her to Hou Yanxun's house and met Li Decong. Later, they were taken to an abandoned kiln factory in Lixin County, Anhui Province.

Li Decong recalled that in the kiln factory, she and Li Xiaolan were selected, and she also heard voices of bargaining.

After Li Decong was picked up, Li Xiaolan was picked up by another man, Zhu Hanxuan. Li Xiaolan claimed that Zhu Hanxuan forcibly had sexual intercourse with her that night. "Zhu Hanxuan told me that he spent 3500 yuan to buy me. Due to Zhu Hanxuan's strict management, I did not report to the police. After giving birth to a child, I had no intention of reporting to the police. Afterwards, I communicated with my family, and my parents even came to Anhui to find me." Li Xiaolan stated in the judgment.

The verdict shows that multiple people were involved in the trafficking of Li Decong and Li Xiaolan.

The prosecution accused that in September 1987, Chen Zhongjin told Hou Yanxun that taking out the "girl" could be sold for money. On the 24th of the same month, Hou Yanxun lured Li Decong to his own home on the grounds of working outside. Afterwards, Hou Yanxun asked Liu Chaohua from the same village to help lure Li Xiaolan to his home.

After discovering that the child was missing, the families of Li Decong and Li Xiaolan searched everywhere. Hou Yanxun asked Liu Chaohua to take Li Decong and Li Xiaolan together and hand them over to Chen Zhongjin. However, at that time, Chen Zhongjin was not at home, so Liu Chaohua and Hou Yanxun took the two to Liu Chaohua's mother's house for hiding.

Afterwards, Hou Yanxun and Chen Zhongjin discussed the time and place of making friends. That night, Hou Yanxun walked with Li Decong and Li Xiaolan to the location of Dachekou in Junlian County, handing over the two girls to Chen Zhongjin. Chen Zhongjin then handed them over to Chen Mingshu and Zhong Guofen. Chen Mingshu subsequently contacted Ge Dezhang, and Guo Huifu also participated in it.

According to Ge Dezhang's introduction, Li Decong and Li Xiaolan were handed over to He Jiaxing. The group took Li Decong and Li Xiaolan to Lixin County, Anhui Province by transferring cars and trains, and sold them to Pan Hongwen and Zhu Hanxuan as wives.

"Xiao Li" who was bought back

When he was abducted to Anhui, Li Decong, who was only 13 years old, still knew nothing. She remembers that in her hometown of Yunnan, because she was the youngest, everyone always called her "Yaomeier". After arriving in Anhui, everyone didn't call her full name, but always called her "Xiaoli".

When Pan Hongwen bought her, she was already in her 40s, unmarried, her parents passed away, and her family was very poor.

She remembers that at that time, the conditions in the village were backward, with no shops or telephones, only a adobe house connected to each other. At first, she was taken to live in the tiled house of Pan Hongwen's cousin's house. A week later, she left and borrowed a dilapidated adobe house. Later, due to the homeowner's claim that her younger brother had taken a wife back, she moved back to Pan Hongwen's residence - there was only a bed over a meter wide, with a cooking stove next to the bed, and only one person could walk through the middle, making it impossible to put a table down.

Li Decong said that she later heard from Pan Hongwen that he spent 3000 yuan to buy her. At that time, Pan Hongwen's sister thought she was too young and wanted to raise her as a younger sister, but Pan Hongwen disagreed, believing that she was the wife he had bought and forcibly had sexual intercourse with her.

Li Decong wants to run away. "The people in the village all know that the locals want to marry a wife, and even if they pay for it, they won't help her escape. I'm young, where can I run away?" She said, threatened to break her ankle if I run away.

In the third year of being abducted and sold to Anhui, Li Decong gave birth to his eldest daughter. She said she would go down to work that day, cooking, feeding pigs and cows. "At that time, I was still a child and didn't know how to raise them. There was no one to help, no confinement, and no nutritional supplements."

Pan Hongwen despised her for giving birth to a daughter and often argued with her. She spoke harshly and said, "If you continue to despise me, I will strangle her to death, and Pan Hongwen won't say anything more.".

Later, Li Decong gave birth to two more sons, who unfortunately died young. She slept with her two children at the head of a one meter wide bed, with a blanket that couldn't even cover her body. In winter, it was so cold that she couldn't even lift her pants.

Li Decong said that at that time, she followed Pan Hongwen to work underground, and if she didn't do it well, she would be scolded; If Pan Hongwen leaves home, he will send her to his uncle's house and prevent her from contacting the outside world. "When I went out to play, the villagers would complain to Pan Hongwen about anything I did. People from all directions were like this, thinking that the wind is like the rain, and Pan Hongwen would scold me even more." Li Decong said that this situation persisted until her eldest daughter was fourteen or fifteen years old, when Pan Hongwen relaxed his control over her.

After being abducted for over thirty years, where is home

In addition to doing farm work, Li Decong also worked with Pan Hongwen to collect junk and make popcorn. Later, she worked in another city and had the opportunity to escape. However, she hesitated when she thought that the child was too young.

Li Decong once thought of seeking death. But she thought of her mother passing away early, so she suffered from the bullying of the villagers and couldn't bear to let her child suffer like this. "I was thinking that when the child grew up and I had the strength, I would be free and I could still see my family. If I were to seek death, I would never see my mother's family again," she said.

At that time, she didn't have a phone or any identity information, the only thing she remembered was a line of addresses in her mind.

At the age of 8, Li Decong's mother passed away, and her family invited a Taoist to recite scriptures. At that time, she was still in a state of confusion and didn't know what had happened, but she remembered the address of her hometown mentioned by the Taoist. After being abducted, she repeatedly recited it.

When her children were a little older, Li Decong once asked someone to write a letter to their family at the address she remembered, but there was no response. Later, she found out that many letters could not be sent out, but were burned by Pan Hongwen and his team.

Until 8 years ago, she made contact with her cousin Li Xiaolan, who was also abducted to Lixin County. Li Xiaolan was abducted to a village 15 kilometers away from Li Decong's house, and the two sides had not been able to meet before.

Li Decong said that after the two met, they were both moved and excited, and at the same time had an indescribable discomfort. "We grew up together when we were children, and our experiences were similar. When we met, we seemed to have endless words to say, and before we knew it, it was already two or three in the morning." She said that Li Xiaolan had finished second grade and was slightly literate. At that time, Li Decong asked her to ghostwrite a letter, which was eventually sent back to her hometown.

After communication, Li's father arrived in Anhui according to the address in the letter and found the village. "We cried uncontrollably when we hugged each other," Li Decong said. At that time, he felt like he had finally seen his family members, but his father had diseases such as bronchitis and did not dare to conflict with Pan Hongwen. Additionally, because her hometown in Yunnan was also poor, she was able to eat in Anhui and had children, which belonged to the category of "cooked rice with raw rice". Her father advised her to stay in Anhui.

Later, his father returned to his hometown in Yunnan and passed away shortly thereafter. It was not until a long time later that Li Decong found out.

Li Decong said that in the following days, she often felt that Pan Hongwen was "tormenting" her. He doesn't believe her, the two often argue. In 2013, Pan Hongwen died in a car accident while collecting waste.

Two years ago, Li Decong saw a family search video posted by Li Jingwei while browsing short videos.

"I can't read, but when I saw the photo of Li Jingwei and his mother in the video, I recognized his mother, and her face did not change much." Li Decong said that she praised the video, and then made a voice to the past. Finally, she got in touch with Li Jingwei, and with their support, decided to pursue the abductors of that year.

After contacting Li Jingwei, Li Decong returned to her hometown in Yunnan for the first time. Her former house had long disappeared and became an empty land, leaving only a few elderly people in the village who recognized her.

She said that after being abducted, she had never had an ID card before. In the past two years, Li Jingwei helped her return to Yunnan to apply for an ID card. Now she has no home to go back to in Yunnan, her parents have passed away long ago, and she also has no house or land in Yunnan.

Late accountability and unsupported spiritual compensation

Back then, after Li Decong and Li Xiaolan were abducted, their families searched everywhere and there were also suspected objects, but in the end, it was not resolved.

In the verdict, Li Decong's cousin Li Delin stated that they had been searching for his cousin Li Decong for a day but couldn't find her. "The next day, my daughter Li Xiaolan was also missing. We searched for places like Junlian and Yibin but couldn't find her. We found out that she had been abducted and sold."

Li Delin recalled that through investigation, it was suspected that it was Li Dehai and Hou Yanxun who took it out. Hou Yanxun hid, but Li Dehai refused to admit it and even made a vow. Later, they reported the case to the police station and public security bureau. "Two years later, Li Jingwei was abducted and trafficked. Li Fangfu's mother and I went to the Yanjin County Public Security Bureau to report several cases of people being abducted and trafficked, and we have also reported them multiple times since then."

Li Delin said that in 1996, Li Xiaolan wrote a letter home and found Li Xiaolan according to the address. Since then, he has not reported it to the public security organs.

After more than thirty years, human traffickers have gradually arrived in 2022.

In June 2022, Li Decong and Li Jingwei returned to their hometown in Yunnan together.

On May 28, 2022, Liu Chaohua was arrested by the public security organs. On May 30, Chen Mingshu was arrested by the public security organs. On May 29, Chen Zhongjin voluntarily surrendered to the public security organs. On August 11, Guo Huifu was notified by the public security organs over the phone, and on June 15, Ge Dezhang was notified by the public security organs over the phone.

On September 9, 2022, the Yanjin County Procuratorate charged the defendants Chen Mingshu, Chen Zhongjin, Ge Dezhang, Liu Chaohua, and Guo Huifu with the crime of child trafficking and filed a public prosecution with the Yanjin County Court. On November 3, 2022, the Yanjin County Court held a public hearing to hear this case.

On June 16, 2023, the Yanjin County Court announced its first instance verdict, stating that Chen Mingshu, Chen Zhongjin, Ge Dezhang, Liu Chaohua, and Guo Huifu colluded with others to sell children for the purpose of trafficking, constituting the crime of child trafficking and should be punished in accordance with the law.

The court believes that according to the principle of "leniency from the old" in the application of criminal law, the provisions of Article 240 of the 1997 Criminal Law of the People's Republic of China shall apply to convict and sentence the defendant in this case. The facts and charges charged by the prosecution are established. Chen Zhongjin and Guo Huifu voluntarily surrendered and truthfully confessed their criminal facts, which was considered voluntary surrender. They were given a lighter punishment; After Liu Chaohua arrived at the case, he truthfully confessed to the main criminal facts. Chen Mingshu and Ge Dezhang acknowledged the facts of the accused case in court, which was a confession, and he was given a lighter punishment.

The court believes that the defense opinion of the defense counsel regarding "the case has exceeded the statute of limitations for prosecution". After investigation, it was found that after Li Decong and Li Xiaolan were abducted, their relatives filed a complaint with the public security organs within the statute of limitations for prosecution, but the public security organs did not file the case. Therefore, this view is not supported as the case is not subject to the statute of limitations for prosecution.

Regarding the opinion of victim Li Decong requesting the defendant to provide compensation for mental damages, the court believes that Article 175 (2) of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law stipulates: "If an incidental civil lawsuit is filed or a civil lawsuit is filed solely for compensation for mental losses due to criminal infringement, the people's court generally does not accept it." Li Decong's request for compensation for mental damages lacks legal basis and is not supported.

Criminal Adjunctive Civil Judgment of Yanjin County People's Court in Yunnan Province

In the first instance, the Yanjin County Court sentenced Chen Zhongjin to seven years in prison, Liu Chaohua to six years in prison, Chen Mingshu to five years and six months in prison, Ge Dezhang to five years and six months in prison, and Guo Hui to five years in prison, with fines ranging from 5000 to 3000 yuan.

Hou Yanxun, who deceived Li Decong, was dealt with separately. In the first instance, he was sentenced to seven years in prison and fined 5000 yuan. According to the judgment, the court also does not support Li Decong's request for compensation for mental comfort money from Hou Yanxun.

After the verdict, Li Decong was disappointed. She had previously advocated for compensation of over 400000 yuan from the six defendants, but was not supported. "I have suffered for so many years, my whole life has been destroyed by human traffickers, and my family, my Yunnan maternal family, has also been dismantled by human traffickers, breaking it down to pieces."

Currently, she has filed an appeal. The appeal statement shows that she and her acting lawyer believe that the determination of the incidental civil compensation in the first instance judgment is clearly unfair to the appellant, and the respondent should compensate the appellant Li Decong for all the mental comfort money claimed.

"In the crime of child trafficking, relatively speaking, the appellant suffered greater harm in this case, because the people who bought the children mostly raised them as their own children, in order to pass on the family line and take care of them for old age. However, this case is not so simple. Girls who were abducted and sold are usually accompanied by a series of inhumane abuse such as illegal detention, rape, injury, and insult, which seriously infringes on the personal rights and dignity of women." The appeal stated that the victim in this case, who was abducted at the age of 13, was bought back by Pan Hongwen as a "daughter-in-law". A few days later, Pan Hongwen forcibly had sexual relations with them. Faced with such persecution, the victim, due to their young age, was seen by the buyer. "Tight and unable to escape, he lived day after day, year after year numb and humiliated.

Lawyer Zhang Zhiwei told Pengpai News that under the current legal framework, there is no legal basis for victims to apply for mental compensation in criminal proceedings. In criminal proceedings, compensation is mainly supported for direct material losses caused by the crime. In trafficking cases, the cost of going out to find children for a long time, such as accommodation, meals, transportation, etc., may be supported if there is evidence such as receipts. But such direct losses are generally difficult to estimate.

Disputes over Spiritual Compensation in Criminal Procedure

Zhang Zhiwei, Director of the Center for International Cooperation and Protection against Human Trafficking at China University of Political Science and Law, told The Paper that under the existing litigation system framework, it is difficult for victims of criminal offenses to find legal basis to apply for spiritual compensation.

He explained that in criminal offenses, the compensation received by victims mainly refers to direct losses caused by the crime, and in trafficking cases, such direct losses are difficult to estimate. "Abduction cases are not like car theft, and the cost of losses can be estimated." Zhang Zhiwei said that the long-term cost of searching for relatives, such as accommodation, catering, printing, and transportation costs, can be supported by the court if there are receipts. In addition, if injuries occur due to acts such as violent robbery, and the victim is hospitalized for treatment, the claim for medical expenses can also be supported by the court.

However, the issue of compensation for mental damages in criminal proceedings is not without controversy.

A paper published on the official website of Xishui County Court in Hubei Province on September 24, 2012 argues that due to historical and practical reasons, China's criminal field still adopts a negative attitude towards compensation for mental damages. However, crime is a harmful behavior that seriously causes strong mental damage to people, and compensation for mental damage should not be excluded in the field of criminal incidental civil litigation. This is not only detrimental to the protection of the legitimate rights of citizens, but also causes conflicts and contradictions between existing laws.

A paper published on the official website of Zhengzhou Intermediate People's Court in Henan Province in November 2011 also believes that the compensation for mental damages in criminal incidental civil litigation is still a blank in China's law. This seriously affects the relief of the rights of criminal victims, especially in crimes that infringe on the personal rights of citizens, the mental damage to criminal victims is particularly prominent. In order to enable criminal victims to exhaust their remedies, it is necessary to establish a compensation system for mental damages in China's criminal incidental civil litigation.

Zhang Zhiwei also believes that there is a tendency in the field of criminal law in China to prioritize property over personal injury. The punishment for crimes such as theft, robbery, and smashing that infringe on property rights may be relatively heavy and may involve compensation. However, in many cases, the punishment for crimes that infringe on personal rights may be relatively light, and there is no corresponding system for compensation for mental damages.

"I think the development of criminal law is also related to the stage of social development. With the development of society and people's emphasis on personal rights, the relevant systems may gradually improve," he said.