The All-China Women’s Federation has released ten cases of safeguarding the rights and interests of women and children in accordance with the law, which has guiding significance.
On December 28, the All-China Women's Federation released the fourth "Top Ten Cases for Protecting the Rights and Interests of Women and Children in accordance with the Law" in Beijing.
The ten cases involve domestic violence, sexual assault of minors, rural women’s land rights, marriage and family relations, labor protection of female employees and other issues of concern to the public. They are important for solving similar cases and difficult issues in rights protection. Demonstration and guidance significance.
Since January this year, the All-China Women’s Federation has jointly launched a collection with members of four groups including the Women’s Workers Committee of the All-China Federation of Trade Unions, the China Women Judges Association, the China Women Prosecutors Association, and the Women Lawyers Association of the All-China Lawyers Association. From a large number of cases handled in the past two years, 49 outstanding cases were selected. After review by experts and scholars from the Supreme People's Court, the Supreme People's Procuratorate, well-known universities, research institutions, law firms, etc., the representative "Top Ten Cases" were selected. ”: 1. Case of compensation for maternity benefits withheld during maternity leave 2. Case of trade union labor law supervision to protect special rights of retired female employees 3. Case of using the role of social workers to resolve disputes over visitation rights 4. Case of judicial detention for violation of personal safety protection order 5. Internet Case of defamation of a woman's cheating and transferred to public prosecution 6. "One-stop" evidence collection and severe punishment of child sexual assault case 7. Case of domestic violence prosecution and divorce court's default judgment 8. Case of rape and serious injury of a young girl sentenced to death 9. Case of criminal detention of hiding children in divorce 10. Support " The case of a woman who was "married outside" was treated the same as villagers. The private prosecution for serious harm caused by online libel can be turned into a public prosecution. The case of a woman who was rumored to have cheated on her while picking up express delivery aroused heated discussions on the Internet in 2020.
In the end, this online defamation case was transferred from private prosecution to public prosecution, and those who infringed on the reputation of others finally suffered the consequences.
This case was selected into the top ten cases of protecting the rights of women and children in accordance with the law.
Experts said that this case is a case in which the judicial authorities investigate and handle ordinary people who were insulted and slandered online through public prosecution procedures.
The significance of this case is, firstly, to demonstrate the clear attitude and firm stance of the judiciary to severely crack down on infringement of women's rights in any field, and to demonstrate that the judiciary has strengthened the criminal law protection of women's personality rights, maintained order in the online society, and created a clear network environment and implement the requirements of comprehensively governing the country according to law.
The second is to provide case reference for clarifying public prosecution situations that "seriously endanger social order and national interests".
In this case, the defendant maliciously fabricated indecent content that insulted women and used the Internet to slander others, which not only seriously damaged women's reputation and personal dignity, but also greatly affected the victim's work, life and physical health. Moreover, it spreads rapidly through the Internet, causing insecurity to the general public, seriously disrupting the public order of the Internet society, and affecting the confidence of the "onlookers" in the country's rule of law, personal safety, and social governance.
The transition of this case from private prosecution to public prosecution is an initiative taken by the judicial authorities and an innovative application of Article 246 of the Criminal Law.
Third, it helps to encourage the majority of women not to be silent lambs when faced with defamation and other illegal acts, but to have the courage to take up legal weapons to protect their legitimate rights and interests; at the same time, it helps to guide the general public to establish that "the Internet is not outside the law" The correct concept of "land", consciously regulate online behavior, and jointly maintain online order.
A "default judgment" can be made even if a divorce is refused in court. A case of domestic violence lawsuit and divorce court's default judgment broke the deadlock in which divorce cannot be decreed under normal circumstances when one party is absent from the court hearing.
After Li had a flash marriage with Hu, he often beat Hu after drinking. Each time, he used threats and apologies to gain Hu’s understanding. However, the beatings and scoldings continued to escalate, and he even cheated on other people. opposite sex.
With the support of his family, Hu Moumou filed a lawsuit with the People's Court, applied for a personal safety protection order, and requested a divorce.
After learning about it, Li sent nearly a hundred threatening WeChat messages to Hu. Hu had no choice but to seek help from the Women's Federation.
The hotline lawyer assigned by the Women’s Federation found that Hu was in a state of extreme fear because of Li’s following. The lawyer immediately assisted Hu in submitting an application for a personal safety protection order to the court, as well as threatening text messages, WeChat messages and photos of the following. Wait for evidence.
The court issued a habeas corpus order after review. The lawyer actively applied for the judge to jointly serve the habeas corpus order to Li in person at the police station. The judge clearly informed him of the consequences of violating the personal safety protection order, which made Li completely stop. Hu Moumou received protection and psychological comfort from harassment.
In the subsequent divorce proceedings, Li refused to attend the court hearing. The trial of the case reached a deadlock, and Hu's claim was most likely to be dismissed.
In order to allow the judge to have a more comprehensive understanding of the case, the lawyer instructed Hu Moumou to write a 3,000-word statement about his experience and submit it to the court. At the same time, he collected multiple divorce judgments in absentia by defendants in Beijing, Shanghai and other places. The case was submitted to the court and a detailed representation opinion was issued.
In the end, the court held that Hu and Li lacked understanding before marriage, got married hastily, and did not establish a relationship as husband and wife after marriage. The two parties had incompatible personalities and found it difficult to live together.
In this case, the defendant Li failed to appear in court to respond, state, give evidence, and cross-examine after being legally summoned, which was a waiver of his litigation rights.
Finally, in accordance with relevant laws and regulations, the plaintiffs Hu and Li were allowed to divorce.
Experts said that this case is a precedent in which the court granted divorce when one spouse filed for divorce for the first time and the defendant was absent.
In judicial practice, divorce cannot be decreed under normal circumstances if one party is absent from the court hearing.
The attorney in this case made full use of the limited evidence, promoted the "default judgment" through the case search results, and guided Hu Moumou to submit a detailed statement of emotional experience, which effectively demonstrated the lack of understanding before marriage and the frequent domestic violence after marriage. The fact that the couple's relationship completely broke down was supported by the court.
The court insisted on taking the facts as the basis and the law as the criterion to decide the divorce between the two parties, so that the judicial trial would not be influenced by those who did not abide by the rules, and Li would be held responsible for his malicious confrontation because he refused to go to court. Adverse consequences not only safeguard the fairness and justice of the law, but also demonstrate the warmth of justice for the people.
For the person involved, Hu Moumou, this was also the end of the nightmare in life and the beginning of a new life.
Hiding Children in Divorce During divorce, it often happens that one party uses the child as a threat and robs or hides the child from the other party to visit.
One of the top ten cases this time was a criminal detention case of hiding children after divorce, which sounded the alarm for people.
Chen and Wang had a bad relationship after their marriage and often quarreled.
As a result, Wang took the child away on the third day after the child was born, and there was no further news.
Later, the woman went to the Women’s Federation of Chuzhou City, Anhui Province to petition for help in retrieving the child.
The Women's Federation organized mediation between the two parties many times, but failed because Wang Mou repeatedly reneged on his promise, so it guided the two parties to resolve the problem through litigation and applied for legal aid for Chen Mou.
In the process of constantly searching for the infant son and negotiating and resolving disputes, Chen, who could not see the child, suffered from severe mood swings and lost his stable job. The Women's Federation conducted psychological counseling and provided difficult assistance on many occasions.
In March 2020, the court ruled that the child would be raised by Chen, and Wang would pay a monthly maintenance fee of 1,200 yuan. However, Wang refused to execute the effective judgment, still hid the child out of town and refused to see him.
The court transferred the case to the Public Security Bureau for investigation on Wang’s suspicion of “refusing to implement the court’s judgment or ruling.” After reviewing and filing the case, the Public Security Bureau took compulsory measures of criminal detention against Wang in accordance with the law.
At this time, Wang and his family took the initiative to contact the court and expressed their willingness to cooperate with the execution of the case.
In January 2021, under the witness of the Municipal Women's Federation, Wang entrusted her sister to hand over the child to Chen. The two parties reached an understanding and agreed to determine the rights and obligations for child custody and visitation, and the case was successfully concluded. solve.
Experts said that in recent years, divorce has caused frequent problems of one party snatching and hiding minor children. Some parties ignore court rulings and snatch children from kindergartens, schools and even courts in broad daylight, and some snatch and hide them. When the children are unable to take care of them, they simply let them become left-behind children, and some instill hatred of the other party in their children.
This kind of behavior not only infringes upon the guardianship, support, and visitation rights enjoyed by the other party in accordance with the law, but also causes harm to the physical and mental health of minors. Some conflicts and disputes intensify, leading to vicious cases of personal injury and death, and the impact is extremely serious. bad.
In judicial practice, there is a lack of legal norms to punish this kind of behavior, and the person of a minor cannot be enforced, which makes the perpetrators of robbing and hiding minor children emboldened and becomes a difficult issue in rights protection.
In this case, the judicial authorities cooperated with each other and achieved results.
The People's Court acted responsibly and accurately applied the "crimes of refusal to execute judgments and verdicts". After the transfer, the public security organs reviewed and filed the case and criminally detained the parties concerned, which demonstrated the dignity of the law and reflected fairness and justice.
In the end, under the shock of the law, the parties were forced to return to rationality, put aside their grudges, and the judgment was successfully executed, which solved the women's worries and promoted social harmony and stability.
This case provides a reference for solving the problem of robbing and hiding minor children.