Left-behind children are not a vague group, but countless living individuals. In recent years, it is not uncommon for left-behind children in many rural areas to be violated due to inadequate guardianship, and their rights to life, health, and education have been violated, affecting their healthy growth.
Recently, some media have sorted out a number of typical cases involving the protection of the rights and interests of left-behind children in rural areas handled by Chongqing Municipal Courts, in order to guide the society to pay attention to the protection of the rights and interests of left-behind children and provide more, more accurate and more effective protection for left-behind children by using cases to explain the law.
Using superstitions to abuse underage girls
The man was sentenced to eight years in prison
From March to April 2021, Zhou Moumou met Peng Moumou, a left-behind child, through a live broadcast on a short video platform, and later added him as a friend and obtained Peng Moumou's birthday through chat. Zhou XX claimed that Peng XX was at odds with his family, and that he could eliminate the disaster for him by "drawing a charm", took him to his home, and after molesting the victim Peng XX, he had sex with him three times, causing her to become pregnant and induce labor.
In April 2021, Zhou Moumou also adopted the above method to meet the left-behind child Xu Moumou, and after obtaining his birth date, he also said that he could eliminate the disaster for him by "drawing symbols". On the 13th of that month, Xu XX was taken to his home and molested the victim Xu XX.
After the case was discovered, the judicial organs believed that Zhou Moumou used his fabricated identity as a "Taoist priest" to coax underage female students who were not deeply involved in the world through means such as "fortune telling" and "spell casting to eliminate disasters", and then committed adultery and indecency, which caused an indelible shadow on the victim's psychology.
The two young girls who were violated were both left-behind children in rural areas, who were more vulnerable to crimes, and Zhou Moumou committed crimes against them, and the consequences were even more serious. According to the "Opinions on Punishing Crimes of Sexual Violations of Minors in Accordance with Law", Zhou XX repeatedly committed rape and indecent assault crimes against left-behind children in rural areas under the age of 14, and caused one of the young girls to become pregnant and induce labor, and should be given a heavier punishment in accordance with law.
After trial, the Tongnan District People's Court sentenced the defendant Zhou XX to seven years imprisonment for the crime of rape and one year and six months imprisonment for the crime of child molestation, and decided to enforce the sentence of eight years imprisonment.
After the court, the court said that in response to such problems, parents and schools should attach great importance to the protection of minors, especially left-behind children, strengthen minors' awareness of self-protection, attach importance to sex education for minors, and prevent them from falling into traps and being physically violated.
On the basis of the relevant provisions of the Opinions on the Lawful Punishment of Crimes of Sexual Violations against Minors, those who commit rape or indecent assault against minors shall be given a heavier punishment, and in any of the following circumstances, they should be severely punished in accordance with law: (1) committing the crime of rape or indecency against children under the age of 12, left-behind children in rural areas, or minors with severe disabilities or mental retardation; (2) Causing minor victims, such as minor injuries, pregnancy, or contracting venereal diseases.
Took leave to return home and accidentally drowned
Joint mediation to resolve conflicts
He Moumou studied in a township primary school in Qianjiang District, and his parents went out to work shortly after he was born, and his daily life was taken care of by his elderly grandparents.
At noon one day in June 2023, He Moumou asked the school for leave to go out to see a doctor due to physical discomfort, and the school notified He Moumou's grandparents in time. However, because most of the local students are left-behind children and have always been going to and from school alone, He Moumou still went home alone and drowned in an accident on the way. He Moumou's parents took the school as a complaint to the Lishui People's Court of the Qianjiang District People's Court to request a settlement of compensation matters.
Graphic and text irrelevant
After receiving the case materials, the court staff invited the resident representatives of the mediation room, the staff of the Ping An Office, and the judicial office to listen carefully to the demands of both parties, and decided to adopt the "back-to-back" mediation method. In the end, the two parties reached an agreement on the facts of the dispute and the amount of compensation, issued a people's mediation agreement on the spot, signed and stamped by both parties, and applied for judicial confirmation.
The magistrate said that for left-behind children, society, schools, and families have the obligation to "know where to go, know their companions, know the content, and know when they will return" for each child's whereabouts, but also "have accompaniment, supervision, prevention, and return", educate and guide minors to establish safety awareness, build a solid safety barrier to prevent drowning, and never slack off for a moment in safety education to prevent drowning.
According to the relevant provisions of the Civil Code, if a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational and management duties, it shall bear tort liability.
The stepfather migrates the child's hukou
Responsible maintenance can be supported
When his father died when he was young, he followed his mother from Dazhu County, Sichuan Province to Hucheng Town, Liangping District, Chongqing City, to live with his stepfather Xiao. When Wan was 6 years old, his mother passed away. Wan's maternal grandfather is over 80 years old, and his sister Wan Mouqin has been working outside all the year round, so she can't take care of Wan, and her stepfather Xiao has always performed the responsibilities of guardianship. After more than ten years of getting along, Xiao has long regarded Wan as his own daughter. Because Wan's hukou and his sister Wan Mouqin were together, there were many inconveniences in life and further education, so Xiao wanted to move Wan's hukou with himself, but was rejected by the local police station. As a result, Xiao filed a lawsuit with the court, requesting the court to appoint him as Wan's guardian in accordance with the law.
The Liangping District Court held that, according to the provisions of the Civil Code, the provisions of the Civil Code on the relationship between parents and children shall apply to the rights and obligations between a stepfather or stepmother and a stepchild who is raised and educated by him. Wan lived with Xiao when he was about two years old, was raised and educated by him, and the two parties formed a relationship of support, so Xiao was Wan's legal guardian. Because the respondent Wan was a minor, after being questioned out of court, Wan also expressed his willingness to determine Xiao as his guardian. Therefore, the court made a final judgment and made it clear that the applicant Xiao was the legal guardian of the respondent Wan.
After the court, the judge said that this case was a dispute caused by the relocation of the household registration of the left-behind child Wan, and the judge learned through a door-to-door visit that although his stepfather Xiao worked outside the country all the year round in order to make a living, leaving Wan to live and study at home, Xiao gave Wan care through various ways, and the two parties formed a relationship between raising and being raised, and it can be determined that Xiao is Wan's guardian.
Source: CCTV