"Top Ten Cases" Tell the Story of China's Rule of Law And fairness and justice are engraved between the lines of the judgment

□ Reporter Zhang Chen

One case is better than a bunch of documents. Judicial cases are the "barometer" of economic and social development and the "weather vane" of social conditions and public opinion. Recently, the results of the "Top Ten Cases in 2021 to Promote the Rule of Law Process in the New Era" were announced, telling the story of China's rule of law through real and vivid cases, so that the people can feel fairness and justice in every judicial case.

The selection campaign was officially launched on December 3, 2021, and 40 candidate cases were selected from various cases concluded by courts across the country in 2021 to carry out online voting, and a total of 120 million netizen votes were received. Based on the results of the netizens' voting and the selection of the expert committee, in the end, Lai Xiaomin's bribery, embezzlement, bigamy case, the first criminal case of infringing on the reputation and honor of heroic martyrs, the "10.18" extraordinarily large cross-border telecommunications fraud case, the murder of the passion fruit girl, the first case of China's securities class action lawsuit, the first case of the civil code "self-willing risk" application, the first case of face recognition, The first case of Wu Chunhong's application for retrial of innocence compensation, the seed deck infringement dispute case, and the green peacock preventive protection public interest litigation case were selected" The top ten cases in 2021 to promote the process of rule of law in the new era"; the case of women taking express delivery and being rumored to be derailed, Wang Shujin's intentional homicide and rape case, and the case of the elderly stealing eggs and sudden death were selected as the "Top Ten Nomination Cases".

Witness the court's judicial temperature for the people

A phone call, a text message, or pretending to be a customer service return refund, or pretending to be a public prosecutor to intimidate and deceive, a "winning the lottery" brought a series of traps, and behind the sweet words was a sinister "pig killing plate". In recent years, telecommunications network fraud routines have emerged in an endless stream, and they have been repeatedly beaten. The "cancer" of electricity fraud is the public enemy of the people; the eradication of public nuisance is what the people want.

In April 2021, the "10.18" extraordinarily large cross-border telecommunications fraud case was heard at the Chengdu Railway Transport Intermediate People's Court in Sichuan Province. This is a cross-border fraud crime with hidden modus operandi, a large number of people involved, and a particularly large amount of money involved. The court found that in March 2019, the main offender, Su X, and others set up a telecommunications network fraud den in the Philippines, hired more than 100 defendants such as Zhu X and Dong X, used dating software to recommend fake gambling websites, and lured more than 1,500 victims to recharge and participate in gambling, involving a total amount of more than 104 million yuan. On June 16, 2021, the Chengdu Railway Transport Court publicly announced that the 98 defendants involved in the case were sentenced to fixed-term imprisonment ranging from 12 to 1 year for committing fraud and helping information network criminal activities, of which 35 were sentenced to more than 5 years in prison, with a heavy sentence rate of 40%, and 98 defendants were sentenced to fines totaling more than 24 million yuan.

"Adhere to the two-pronged approach of criminal and economic crackdowns, make full use of sufficient and exhaustive legal means to crack down on telecommunications network fraud crimes, and form a high-pressure (crackdown) posture against telecommunications network fraud crimes." Xu Xiang, chief judge of the "10.18" extraordinarily large cross-border telecommunications fraud case of the Chengdu Railway Transport Intermediate People's Court, said that the trial of the "10.18" series of cases was strictly severe and severely punished according to law, which effectively deterred telecommunications network fraud crimes and demonstrated the position and strength of the judiciary to serve the people and eliminate "deception."

In the first case in which the Civil Code "Self-Willing Risk" was applied, Song voluntarily participated in a confrontational competitive competition with certain risks, causing injuries to his right eye and demanding compensation. In accordance with the first paragraph of Article 1176 of the Civil Code, the court rejected all of plaintiff Song's litigation claims.

In the past year since the implementation of the Civil Code, one by one the laws on paper have entered daily life into the adjudication norms and codes of conduct, whether the fetus in the abdomen has the right to inherit, how to protect the rights of the victims of high-altitude projectiles, and whether they will be blackmailed when they see the righteous and courageous, one after another vivid cases show that the "people" word of the civil code is the first, and the people-oriented is becoming the "encyclopedia of the people's lives".

Witness the court's judicial impartiality

The murder of the passion fruit girl is a shocking murder against minors. Yang Xiaoyan, a primary school student in Lingshan County, Qinzhou, Guangxi Province, was abducted and raped while selling passion fruit, and people deplorably called her "passion fruit girl".

"Severely punishing criminal acts that seriously harm the physical and mental health of minors is a clear stipulation and consistent position of mainland law. The protection of minors is the protection of the future of the country and the hope of the nation. The SPC has always had zero tolerance for crimes against minors. Luo Zhiyong, vice president of the Trial Supervision Division of the Supreme People's Court, said.

On February 2, 2021, in accordance with the Supreme People's Court's order to carry out the death penalty, the Intermediate People's Court of Qinzhou City, Guangxi Zhuang Autonomous Region, executed Yang Guangyi, the murderer of the passion fruit girl.

"The vile motives of the defendants in this case, the cruelty of the criminal means, the heinous circumstances of the crime, and the seriousness of the consequences of the crime have all deeply stung the good heart of the public. Today, with the continuous advancement of governing the country according to law, its bad behavior should be severely punished by the law, which is not only to uphold justice for the victims, but also to warn the society." As the presiding judge, Supreme People's Court Judge Qiu Xiaomin said that the case of the murder of the passion fruit girl has both a light surrender and a number of other circumstances of statutory heavier and severe punishment, and the people's court should prudently exercise its discretion, overcome judicial dogmatism, correctly handle the relationship between "can" be "light" and statutory "should be" more serious, enhance the acceptability and recognition of judicial adjudication, and let the people truly feel that fairness and justice are around.

The bribery, embezzlement, and bigamy case of Lai Xiaomin, former party secretary and former chairman of Huarong Asset Management Co., Ltd., is a shocking corruption case in the financial sector. On January 5, 2021, the Tianjin No. 2 Intermediate People's Court sentenced Lai Xiaomin to death for bribery, embezzlement, and bigamy, deprived him of his political rights for life, and confiscated all his personal property.

Qi Jianjian, associate professor of the Law School of the University of the Chinese Academy of Social Sciences, commented: "By severely punishing Lai Xiaomin's serious corruption and criminal acts, eliminating a major hidden danger in the financial sector, deterring corrupt people in the financial sector, promoting anti-corruption trial work in the financial sector, strengthening the crackdown on crimes in the financial sector, and achieving the unity of political, legal and social effects." ”

Witness the breadth of the Court's judicial reach

On November 12, 2021, with the beating of the gavel of the Intermediate People's Court of Guangzhou City, Guangdong Province, the nearly three-year-long financial fraud case of Kangmei Pharmaceutical was pronounced in court, and kangmei Pharmaceutical and other relevant defendants bore a total amount of investor losses of about 2.459 billion yuan, the highest amount of compensation set a record for similar cases in the domestic A-share market.

Wang Yongyong, judge of the Guangzhou Intermediate People's Court and presiding judge of the first china securities class action lawsuit, commented: "The conclusion of the trial of the Kangmei Pharmaceutical Securities Class Action marks the successful landing of the Chinese-style class action judicial practice characterized by investors' 'implicit joining and explicit withdrawal', which is of far-reaching significance for promoting the healthy development of the capital market, effectively safeguarding the legitimate rights and interests of investors, and creating a world-class business environment based on the rule of law." ”

The first case of "face recognition" established the principle of "legality, legitimacy and necessity" for the handling of personal information. As the presiding judge, Judge Han Shengchao of the Intermediate People's Court of Hangzhou City, Zhejiang Province, said: "We strive to balance the needs of personal information protection and the development of the digital industry, make meticulous arguments, and carefully explore, hoping to provide new directions and new ideas for the trial of similar cases with the 'merit of size' in this case, and contribute to the establishment and improvement of the legal system for personal information protection in the mainland." ”

In the Green Peacock Protection Public Interest Litigation case, the court ruled to stop the construction of the hydropower station project, preserving the last home on which the "Green Peacock" depended. At the World Conference on Environmental Justice, the Green Peacock Protection Public Interest Litigation Case was rated as the first of the top ten biodiversity cases in the world by foreign parties, and as the only case in the field of justice in mainland China, it was selected as the exhibition area of the 15th Conference of the Parties to the United Nations Convention on Biological Diversity.

Judge Su Jingwei of the Yunnan Provincial High People's Court said: "The successful shortlisting of the Green Peacock Protection Public Interest Litigation Case is an affirmation of the efforts made to protect endangered species through preventive civil public interest litigation. The trial of the case has established the concept of environmental justice in the new era and demonstrated China's responsibility as a major country participating in the protection of global biodiversity. ”

The expert case jury of "Top Ten Cases in 2021 to Promote the Process of Rule of Law in the New Era" said that each case is an answer sheet of "serving the overall situation, justice for the people, and fair justice", which writes the people's new requirements and expectations for fairness, justice, security and harmony, and also connects the solid footprint of the rule of law China.

Source: Rule of Law Daily - Rule of Law Network