Article 20 Has Been Awakened! The Supreme People's Court Names These Cases
2024-03-08
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"The Lao Rongzhi case," "the siblings falling to their deaths case," "the Mou Linhan case"... On the morning of March 8, Zhang Jun, President of the Supreme People's Court, delivered a work report at the second session of the 14th National People's Congress, naming the above cases.
The Supreme Court report names the "Lao Rongzhi case"
Reaffirming that people's courts strictly punish major and vicious crimes in accordance with the law
The report shows that in promoting public security governance, people's courts strictly punished major and vicious crimes in accordance with the law, concluding 52,000 cases involving 62,000 people of serious violent crimes such as intentional homicide, a year-on-year increase of 17.2%, and in accordance with the law approved and carried out the death penalty for Lao Rongzhi, who killed multiple people and was at large for many years. At the same time, 33,000 drug-related criminal cases involving 50,000 people were concluded, a year-on-year decrease of 10.4%, and severe sentences were resolutely imposed on the criminals behind large-scale smuggling and manufacturing of drugs, repeat offenders, and others.
It is worth noting that the Lao Rongzhi case was previously selected as one of the "Top Ten Cases of People's Courts in 2022" and was written into the work report of the Jiangxi Provincial Higher People's Court for two consecutive years, attracting widespread public attention. On December 18, 2023, in accordance with the execution order issued by the Supreme People's Court, the Nanchang Intermediate People's Court executed Lao Rongzhi.
The "siblings falling to their deaths case" is written into the Supreme Court report
Zero tolerance for crimes against minors
The work report of the Supreme People's Court shows that people's courts have zero tolerance for crimes against minors, concluding 41,000 cases involving 61,000 people in 2023, a year-on-year increase of 28.5%.
The report lists many cases: the defendants Zhang Bo and Ye Chenchen in the "siblings falling to their deaths case," Ni Duqun, who under the pretext of romance sexually assaulted multiple young girls, and Wang Xiaoshan, Sun Baochang, and others who committed online "remote molestation" and offline coerced rape, were sentenced to death in accordance with the law; where a primary school student was accidentally injured in a physical education class and the parents sued the school, and the school had fulfilled the necessary educational management responsibilities and rescue obligations, the court ruled that the school bore no liability; where a student was injured while playing by having a chair pulled out from under them at school, and the school emphasized the student code of conduct and teachers frequently reminded students, fully performing their duties, the court ruled that the parents of the child who "caused the trouble" bore liability.
The Supreme Court cites the "Mou Linhan case" as an example
Violence in premarital cohabitation must be treated as a family member bearing criminal responsibility
The work report of the Supreme People's Court introduced that Mou Linhan humiliated his cohabiting girlfriend, causing her to commit suicide, and was sentenced to fixed-term imprisonment for the crime of abuse, establishing the judicial rule that violence in premarital cohabitation must be treated as a family member bearing criminal responsibility.
The report shows that in 2023, the Supreme People's Court released two batches of typical cases against domestic violence, providing judicial regulation for domestic violence against minors in the name of "love" and for snatching and hiding minor children after divorce. It was made clear that when encountering violence from a partner in a romantic relationship or cohabitation, one may apply for a personal safety protection order; people's courts issued 5,695 personal safety protection orders of various types, a year-on-year increase of 41.5%.
"Article 20" has been awakened
The law cannot yield to wrongdoing
"The law cannot yield to wrongdoing" is not a slogan; "Article 20" has been awakened and must continue to be implemented in practice.
The Supreme Court report mentioned that in August 2020, together with the Supreme People's Procuratorate and the Ministry of Public Security, it issued guiding opinions on the lawful application of justifiable defense; from 2021 to 2023, 77 defendants were declared innocent on the grounds of justifiable defense. After drinking, Fu went to Ma's home at night, pounded on the door, and shouted that he would kill him. Ma told him he had the wrong person and called the police. Fu ignored this and smashed several window panes. Ma went out with a knife to stop him, and Fu fought with him. Ma was injured on his hands and back, while Fu suffered multiple knife wounds and died of hemorrhagic shock. The court determined that Ma's actions constituted justifiable defense and declared him innocent.
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