Editor's note: Peking University Magic Weapon will bring you important cases of the past month on time every month. This month's important cases include: the Supreme People's Procuratorate released the 50th batch of Guiding Cases, the 2024 No. 3 Communiqué Cases, and the Supreme People's Court and the Supreme People's Procuratorate released a total of 10 batches of 83 Typical Cases, of which the Supreme People's Court released 2 batches of 19 cases, the Supreme People's Procuratorate released 5 batches of 40 cases, and the Supreme People's Court and the Supreme People's Procuratorate jointly released 3 batches of 24 cases, covering food safety, judicial protection of intellectual property rights in the seed industry, and the core values of socialism.
Guiding Cases
1. The Supreme People's Procuratorate released the 50th batch of Guiding Cases
1. Procuratorate Case No. 200: Case of Sui XX using the Internet to molest children, rape, extort and extort the production, sale, and dissemination of obscene materials for profit
Keywords: protection of minors online, indecency in the air, rape, blocking of transmission, comprehensive management of network protection
Gist: Crimes of sexual violations against minors should be severely punished in accordance with law. Where after the perpetrator commits the criminal act of online indecency, they use the dissemination of intimate photos or videos to coerce the minor victim to have sexual relations with them, they constitute two separate criminal acts, and shall be found to be the crime of child molestation and rape respectively. Where it is discovered during the handling of a case that a minor victim's private photos or videos have been disseminated and spread on the internet, the procuratorate shall promptly coordinate with the relevant departments to delete the information and block the transmission. Procuratorates should actively give play to their legal oversight functions, actively promoting the coordinated efforts of all parties to jointly strengthen the protection of minors online.
【Related Laws】
Articles 236, 237, 274 and 363 of the Criminal Law of the People's Republic of China
Article 6 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Production, Reproduction, Publication, Sale, and Dissemination of Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Voice Stations".
Article 1 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation (II) on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Production, Reproduction, Publication, Sale, and Dissemination of Obscene Electronic Information Using the Internet, Mobile Communication Terminals, and Voice Stations".
2. Procuratorate Case No. 201: Case of Internet Fraud by Yao XX et al
Keywords: protection of minors online, online fraud, categorical processing, hierarchical intervention, multi-departmental collaboration, and digital prevention
[Gist]In handling cases of online fraud involving a large number of minors, emphasis should be placed on hierarchical intervention for juveniles who have committed crimes, bringing about categorical handling and accurate assistance and education. Relying on mechanisms for investigation oversight and coordination, it is recommended that on the basis of comprehensively collecting evidence and clarifying the facts, the public security organs fully consider the circumstances of the juvenile's involvement in the case, comprehensively determine their understanding of their subjective illegality, and handle them by category in accordance with law. When reviewing for prosecution, consider circumstances such as social investigations, psychological assessments, and risk assessments, to classify and handle juveniles involved in crimes, and carry out targeted assistance and education. In response to the difficult problem of preventing and controlling minors' violations and crimes involving the Internet, promote the establishment of digital platforms by multiple departments to achieve precise prevention of minors' violations and crimes involving the Internet.
【Related Laws】
Article 266 of the Criminal Law of the People's Republic of China
Articles 177, 277, 279 and 282 of the Criminal Procedure Law of the People's Republic of China
Article 100 of the Law of the People's Republic of China on the Protection of Minors
Articles 2, 28 and 38 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Articles 3, 22, 27, and 30 of the "Regulations on the Protection of Minors Online".
3. Procuratorate Case No. 202: Case of Kang XX using the Internet to infringe on citizens' personal information
【Keywords】Internet protection of minors, abnormal calling cards, big data supervision model, and regulation of minors' access to the Internet
[Gist]When procuratorates handling cases of telecommunications network crimes involving minors, and discovering abnormal handling of cards by minors, they may actively use digital procuratorial oversight methods to promote the early prevention of minors involved in telecommunications network crimes through the construction of big data models. In response to issues such as minors applying for multiple cards by one person reflected in similar cases, methods such as joint consultations and procuratorial suggestions may be used to link with relevant departments to improve long-term effective mechanisms, regulate minors' access to and use of the internet, and ensure the health and safety of the environment for minors to use the internet.
【Related Laws】
Article 253-1 of the Criminal Law of the People's Republic of China
Articles 64, 66, 71 and 105 of the Law of the People's Republic of China on the Protection of Minors
Articles 30, 31 and 61 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Articles 10, 11, 28, 31, and 38 of the "Law of the People's Republic of China on Countering Telecommunications Network Fraud".
4. Procuratorate Case No. 203: Case of Li XX aiding information network criminal activities
Keywords: protection of minors online, bank cards, subjective knowledge, conditional non-prosecution, and procuratorial suggestions
[Gist]Handling cases of minors suspected of using their own bank cards to aid information network criminal activities shall be combined with the physical and psychological characteristics of the minors involved in the case, with a focus on reviewing whether they clearly knew that others were using information networks to carry out predicate crimes and provided assistance. For juveniles whose subjective malice is not great, the harm to society is small, and who voluntarily admit guilt and accept punishment, persist in focusing on education and rescue, and where conditional non-prosecution is met, conditional non-prosecution is to be applied in accordance with law. Where there are loopholes in the management of minors' bank accounts and there is a risk of abnormal transactions, the procuratorates are to strengthen the management of the source of accounts and promote the governance of the source of litigation by formulating and issuing procuratorial recommendations to the financial regulatory organs and commercial banks.
【Related Laws】
Articles 13 and 287-2 of the Criminal Law of the People's Republic of China
Articles 277, 279, 282, 283 and 284 of the Criminal Procedure Law of the People's Republic of China
Articles 113 and 115 of the Law of the People's Republic of China on the Protection of Minors
Articles 50 and 51 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Article 12 of the "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Illegal Use of Information Networks and Aiding Criminal Activities on Information Networks".
Article 11 of the "People's Procuratorate Provisions on Procuratorial Suggestion Work".
5. Procuratorate Case No. 204: Case of Procuratorial Supervision of Prohibiting the Rental and Sale of Online Game Accounts to Minors
【Keywords】Internet protection of minors, rental and sale of online game accounts, connection between criminal prosecution and administrative public interest litigation, intervention of bad behavior, comprehensive management
[Gist]Procuratorates handling cases involving minors shall focus on reviewing whether there are oversight leads behind the criminal case that have not been implemented in the duties to protect minors online. Where procuratorates discover that online game accounts are being rented or sold to minors on internet platforms, they may lawfully urge the administrative supervision departments to perform their duties, and fully protect minors' online rights and interests. Where it is discovered that minors have suffered harm as a result of their internet addiction, measures to restore the victim and intervene in negative conduct shall be implemented at the same time. Procuratorates shall promote cooperation and coordination between legal oversight and administrative oversight, and promote administrative supervision departments to increase the level of standardization of law enforcement for the protection of minors online.
【Related Laws】
Article 266 of the Criminal Law of the People's Republic of China
Articles 66, 67, 74, 75, 106, and 127 of the Law of the People's Republic of China on the Protection of Minors
Article 28, Paragraph 4, Article 29, Article 31 and Article 32 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Articles 22 and 49 of the Law of the People's Republic of China on the Promotion of Family Education
Article 25, paragraph 4 of the Administrative Litigation Law of the People's Republic of China
Articles 13 and 29 of the E-Commerce Law of the People's Republic of China
Article 46, paragraph 2 of the "Regulations on the Protection of Minors Online".
Gazette case
1. Gazette of the Supreme People's Court, Issue 3, 2024 (Issue 331)
1. Trademark infringement dispute between Nayiqier Co., Ltd. and Wangdu County Jianglin Cosmetics Store Department
Case No.: (2022) Supreme Law Min Zai No. 275
Trial court: Supreme People's Court
【Trial Completion Date】2023.06.16
Gist of the Adjudication: In trademark infringement cases, the defense of the lawful source of the alleged infringer shall have both subjective and objective elements, the objective element is that the allegedly infringing goods were lawfully obtained by the seller, and the subjective element is that the seller did not know or should not have known that the allegedly infringing goods constitute infringement, the subjective and objective elements are interrelated and inseparable, and the evidence of the objective elements has a presumptive effect on the subjective elements.
When examining the above-mentioned subjective and objective elements, the people's court shall comprehensively consider factors such as the seller's market position, the cost of protecting the rights holder's rights, and market transaction habits, and make reasonable requirements for the seller's burden of proof;
Typical cases of "two highs".
Issued by the Supreme People's Court
1. The Supreme People's Court released 4 typical cases of judicial protection of food safety involving minors
1. Li v. a dairy company, a product liability dispute case - the addition of food additives beyond the scope does not meet the food safety standards, and the consumer has the right to claim ten times the punitive damages
2. Yan v. a pregnant and infant products store sales contract dispute case - the seller made false publicity, and the consumer had the right to demand three times the compensation
3. Case of defendant Jin selling counterfeit and shoddy products - tampering with the production date to sell expired dairy products, and was investigated for criminal responsibility in accordance with law
4. A catering management company v. a district market supervision and administration bureau for administrative punishment - providing a school with a contaminated lunch, and the court supported the administrative organ to severely punish it in accordance with the law
2. The Supreme People's Court released the fourth batch of 15 typical cases of judicial protection of intellectual property rights in the seed industry of the people's courts
1. Two cases of disputes over the implementation of the license contract and infringement of the right of new plant varieties between an agricultural high-tech company limited company and Anhui Industry Co., Ltd. and Anhui Industry Co., Ltd. - two cases of "Wushan Silk Miao" new rice plant variety implementation license contract and infringement
2. Liaoning No. 405, a new corn plant variety infringement case, between a certain industry technology company in Liaoning Province, a certain industry technology company in Linghai and an agricultural technology company in Qingdao
3. A dispute over infringement of the rights of new plant varieties between a certain Miao Beijing Company and an agricultural technology company in Chifeng and an agricultural material distribution store in Panshan County - the infringement case of "Audrey" new pepper plant variety
4. A dispute over infringement of the right to a new plant variety between a certain industry technology company in Shandong and a certain industry company in Henan, an agricultural technology company in Wugang, and an agricultural trade sales department in Yongcheng City - "Hedou No. 33" soybean plant variety infringement case
5. Dispute over infringement of the right to new plant varieties between Henderson Li and Inner Mongolia Rui and Wengniute Banner - "Lihe 328" new corn plant variety infringement case
6. Shandong Certain Industry Co., Ltd. v. Henan Agricultural Technology Co., Ltd. and Liu Moutang Infringement of New Plant Variety Rights Dispute Case - "Denghai 605" New Corn Plant Variety Infringement Case
7. Hebei Mouye Co., Ltd. and An Moucheng infringement of the rights of new plant varieties - "Wannuo 2000" new corn plant variety infringement case
8. Case of infringement of the right to new plant varieties between a certain industrial company and an agricultural development company in Xinjiang Jiu -- "Yuanke 105" new corn plant variety infringement case
9. A dispute over infringement of the rights of new plant varieties between a certain seed company in Dunhuang and a certain industrial company in Jilin and an agricultural material store in Huadian - "Xianyu 335" new corn plant variety infringement case
10. Wuchang a certain industrial company, a certain industrial company in Qianguo County, and an agricultural material store in Qianguo County, a dispute over infringement of the rights of new plant varieties - "Zhongkefa No. 5" new rice plant variety infringement case
11. A dispute over royalties for the temporary protection period of a new plant variety and a dispute over infringement of the rights of a new plant variety between a certain industrial company in Tianjin and a certain seedling company in Shouguang City, and a dispute over infringement of the rights of new plant varieties - "Boyang 9" new melon plant variety infringement case
12. Tianjin Ao Seed Co., Ltd. and Chongqing Youmousheng Agricultural Development Co., Ltd., Nanjing Tian Seed Industry Co., Ltd., Hechuan District Hui Agricultural Materials Management Department infringement of new plant variety rights dispute - "Ao Tiannuo 75" new corn plant variety infringement case
13. A dispute over a license contract for the implementation of new varieties of plants between a certain Shandong Seed Co., Ltd. and Liaocheng Industry Co., Ltd. - a contract dispute over the rights of new wheat plant varieties of "Jimai 22".
14. Jiangsu Shenyi Industry Science and Technology Co., Ltd. and the Ministry of Agriculture and Rural Affairs of the Ministry of Agriculture and Rural Affairs of the Ministry of Agriculture and Rural Affairs of the new variety of plant application for rejection of the review of the administrative dispute - "Nongmai 168" new wheat plant variety authorization case
15. Case of infringement of trade secrets by Zhang XX - a case involving the infringement of trade secrets by the parents of the "Woyu No. 3" corn variety
Issued by the Supreme People's Procuratorate
I. The Supreme People's Procuratorate released the first batch of six typical cases in which procuratorial organs actively performed their duties in accordance with the law and promoted the integration of the Core Socialist Values into the establishment of the rule of law
1. A series of administrative public interest litigation cases in which the Beijing Municipal Procuratorate urged patriotism education bases to open minors free of charge
2. The People's Procuratorate of Sangzhi County, Hunan Province, supervised the protection of the Red Fourth Army's Luoyu reorganization site administrative public interest litigation case
3. Tianjin Municipal People's Procuratorate Branch No. 2 v. Zhang, a civil public interest lawsuit for infringing on the reputation and honor of Academician Yuan Longping
4. Case of the People's Procuratorate of Xinbei District, Changzhou City, Jiangsu Province, comprehensively performing its duties to protect the labor rights and interests of pregnant female employees
5. The People's Procuratorate of Panshi City, Jilin Province, supervised and corrected the supervision of administrative violations of administrative conduct that did not perform the duties of medical security for citizens who were righteous and courageous
6. Administrative public interest litigation case of the People's Procuratorate of Nanzheng District, Hanzhong City, Shaanxi Province, urging the management of dog breeding
II. The Supreme People's Procuratorate released 10 typical cases of working mechanisms for the convergence and transformation of deputies' suggestions, CPPCC proposals, and public interest litigation procuratorial recommendations
1. The People's Procuratorate of Dangshan County, Anhui Province supervised the rectification of the "World Pear Capital" pesticide packaging waste administrative public interest litigation case
2. The People's Procuratorate of Bao'an District, Shenzhen, Guangdong Province, supervised the development of an administrative public interest litigation case for the comprehensive management of dump trucks
3. The People's Procuratorate of Changsha City, Hunan Province, supervised a series of administrative public interest litigation cases for the comprehensive management of public rental communities
4. The People's Procuratorate of Xuzhou City, Jiangsu Province, supervised the rectification of noise pollution administrative public interest litigation case
5. Shanghai Hongkou District People's Procuratorate supervised the rectification of electric bicycle charging safety hazards administrative public interest litigation case
6. The People's Procuratorate of Ziyun County, Guizhou Province, urging the protection of the national intangible cultural heritage "King Yalu" administrative public interest litigation case
7. The People's Procuratorate of Kuiwen District, Weifang City, Shandong Province, supervised and corrected the administrative public interest litigation case of the illegal operation of medical cosmetology institutions
8. The Qinghai Provincial Procuratorate supervised and urged the rectification of a series of administrative public interest litigation cases caused by wildlife harm in the Sanjiangyuan area
9. Zhejiang Provincial People's Procuratorate Administrative Public Interest Litigation Case of Urging the Protection of Ancient Ginkgo Communities
10. Administrative public interest litigation case of the People's Procuratorate of Haidian District, Beijing Municipality urging the rectification of potential fire safety hazards in the community
III. The Supreme People's Procuratorate and the All-China Women's Federation jointly released 9 typical cases of procuratorial organs and women's federations collaborating to carry out judicial assistance
1. Case of national judicial aid in Tian, Hebei Province
2. Shanghai Xiong Mouying and Shen Moujiao's national judicial aid case
3. Jiangsu Wang Moushan's national judicial aid case
4. Case of Shandong Li and 3 others in the case of national judicial assistance
5. Hunan Li Mouping and 3 national judicial aid cases
6. Guangxi Huang Moujie et al. 5 cases of national judicial assistance
7. Chongqing Yin Mouli National Judicial Aid Case
8. Guizhou Yao Mou'e et al. 5 cases of national judicial assistance
9. Shaanxi Su Mouzhen et al. 4 cases of national judicial assistance
IV. The Supreme People's Procuratorate has released five typical cases in which procuratorial organs have punished the crime of manufacturing and selling counterfeit and shoddy goods in accordance with law
1. Case of Xie XX et al. producing and selling fake and shoddy products
2. Case of Yuan et al. producing and selling counterfeit and shoddy products and selling goods with counterfeit registered trademarks
3. Qinghai Biotechnology Co., Ltd., Jia Moumou and others produced and sold toxic and harmful food, and Xu Moumou illegally operated a case
4. Case of Wu XX et al. producing and selling counterfeit drugs
5. Case of counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, and illegally manufacturing and selling illegally manufactured registered trademark logos
V. The Supreme People's Procuratorate released 10 typical cases of public interest litigation on the protection of consumer rights and interests on March 15
1. The People's Procuratorate of Wenchang City, Hainan Province, supervised and corrected the administrative public interest litigation case of illegal operation and use of veterinary prescription drugs
2. The People's Procuratorate of Ninghai County, Zhejiang Province supervised and rectified the administrative public interest litigation case of illegal use of fresh lamps
3. The People's Procuratorate of Longyan City, Fujian Province, supervised the rectification of potential safety hazards in the medical cosmetology industry
4. The Beijing Railway Transport Procuratorate urged the rectification of administrative public interest litigation cases involving the illegal publication of food safety advertisements in the form of store visit videos
5. The People's Procuratorate of Xiangshan District, Guilin City, Guangxi Zhuang Autonomous Region, supervised and urged the rectification of the administrative public interest litigation case of illegal sales of foreign drugs by a supermarket chain of imported goods
6. The People's Procuratorate of Gushi County, Xinyang City, Henan Province, supervised and regulated the administrative public interest litigation case of cervical cancer vaccination
7. The People's Procuratorate of Congtai District, Handan City, Hebei Province, supervised and urged the rectification of the administrative public interest litigation case of illegal addition of industrial formaldehyde to animal blood products
8. The People's Procuratorate of Nanshan District, Shenzhen, Guangdong Province v. Liu, a criminal attached civil public interest lawsuit for the sale of counterfeit milk bottle nipples
9. The People's Procuratorate of Xixiu District, Anshun City, Guizhou Province v. Dong XX et al., a case of civil public interest litigation attached to the criminal case of selling toxic and harmful food
10. The First Branch of the Chongqing Municipal People's Procuratorate supported the Chongqing Municipal Consumer Rights Protection Commission v. an automobile sales company in a civil public interest lawsuit that harmed consumer rights and interests by setting unfair contract terms
Jointly issued by the Supreme People's Court and the Supreme People's Procuratorate
I. The Supreme People's Court and the Supreme People's Procuratorate jointly released 8 typical cases of lawful punishment of the crime of medical insurance fraud
1. Fraud case of Liu X A, Liu X B, and Liu X C -- severely punish the medical insurance fraud criminal group in accordance with law
2. Ma Mouyu's fraud case - the whole chain cracks down on the crime of "reflux medicine" insurance fraud
3. Case of Chen Moumei, Chen Mouying, and Sun Mouyu fraudulently, covering up, and concealing criminal proceeds - "drug dealers" illegally resold drugs purchased by using medical insurance fraud
4. Gao's fraud case - the medical representative of a pharmaceutical company tampered with the patient's test report to defraud the medical insurance fund
5. Hu Mouliang and Zhang Mouhong's fraud case - insured persons use medical insurance to falsely prescribe drugs and resell them for profit
6. Xu Moulin's fraud case - fraudulently using other people's medical security certificates to seek medical treatment and purchase drugs to defraud the medical insurance fund
7. Zhao Mouze and Zhao Mouze embezzlement case - the director of the health center used his position to facilitate the falsification of materials to embezzle the medical insurance fund
8. Yang Mouxia's embezzlement case - using the reimbursement review position to facilitate the embezzlement of the medical insurance fund
II. The Supreme People's Court and the Supreme People's Procuratorate jointly released 8 typical criminal cases of endangering tax collection and administration in accordance with law
1. Tax evasion case of a food company in Sichuan and Zheng Moumou - after the entity enterprise violated the law, it actively recovered its losses and rectified it, and was lenient in accordance with the law
2. Case of evasion of tax arrears by a catering company in Beijing, Chen, and Gong - the tax debtor does not transfer property in good faith and bears criminal responsibility
3. The case of Shi Moumou and others defrauding export tax rebates - "low value and high reporting" to defraud export tax rebates must be severely punished
4. Case of a science and technology company in Zhenjiang, Hong XX, Zhou XX, and others fraudulently obtaining export tax rebates, and a trading company in Shenzhen falsely issuing special VAT invoices -- punish crimes related to false issuance of special VAT invoices and fraudulent export tax rebates in accordance with law
5. Case of false issuance of special VAT invoices by Jin Moumou et al. - The false issuance of special VAT invoices by shell companies should be severely cracked down
6. Case of false issuance of special VAT invoices by an industrial company in Shanghai and Zhang XX - punish the behavior of issuing special VAT invoices to each other without real transactions between enterprises in accordance with the law
7. Case of a waterproof material company in Shandong and Xu XX falsely issuing special VAT invoices - the entity enterprise is subject to corporate compliance rectification and leniency in accordance with law
8. Case of false invoicing by Yang - false issuance of ordinary invoices may also constitute a crime
III. The Supreme People's Court and the Supreme People's Procuratorate jointly released eight typical cases of lawful punishment of bribery
1. Yang Mouchang's bribery case -- Strictly punish the crime of seeking a "protective umbrella" for underworld forces to offer bribes in accordance with law
2. Tan Mouyun and Wu Moulian bribery case - severely punish the crime of offering huge amounts of bribes in accordance with law
3. Case of bribery and fraud by Li -- Severely punish the crime of bribery in the field of social security in accordance with law
4. Hu Mouting's bribery case -- severely punish the crime of bribery in the pharmaceutical field in accordance with law
5. Case of Song Mouyi offering and accepting bribes -- severely punish the crime of offering bribes in the field of organization and personnel in accordance with law
6. Case of Yang Mouwen offering bribes and illegally crossing the national (border) border -- severely punish the crime of offering bribes to judicial personnel in accordance with law, and resolutely correct the improper benefits obtained from bribery
7. Gao Moumei's bribery case -- increase the extent of recovery of criminal proceeds of bribery
8. Case of Zhang Mouhong's bribery and bribery of non-state functionaries - the second-instance trial stage recovered the criminal proceeds of bribery in accordance with law
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