The second-instance verdict of "11-year-old boy jumping off the building" acquitted the head teacher, and the parents were not convinced. Netizens have both sympathy and doubts

Shangguan News

2024-05-17 17:16Posted on the official account of Shanghai Shangguan News

"Maybe justice still needs to be in line." At half past ten in the morning on May 17, 2024, Wang Beilei walked out of the Intermediate People's Court of Jiujiang City, Jiangxi Province, and said to the camera. She held in her hand the textbooks and homework of her son Zhang Kuan, who had just been brought back from the courtroom, and she couldn't stop shaking.

After the second-instance verdict was announced, Wang Beilei could not hide her disappointment. Unless otherwise noted, the pictures in the text are taken by Lei Jiyuan

Half an hour ago, Zhang Dingjie and Wang Beilei v. Zou for the crime of insult and abuse of the person under care of the appeal case (previously reported in detail "After the 11-year-old son was humiliated and jumped off the building") The court held that the existing evidence was insufficient to prove that Zou's behavior constituted the crime of insult and abuse of the person under care, rejected the appeal and upheld the original judgment.

At around 16:00 on November 9, 2021, 11-year-old Zhang Kuan jumped from a high-rise building in his community after school and ended his life. and left a suicide note: "I, I Zhang Kuan, Cheng (note: alias, should be admitted) admit: my death is not related to my parents, parents, society, or the country, but only to Zou, she used violent means." The Zou mentioned in the suicide note is Zhang Kuan's homeroom teacher and Chinese teacher.

Zhang Kuan's suicide note. Image courtesy of the interviewee

Through the surveillance video in the classroom, Zhang Dingjie and his wife found that before the incident, Zou had publicly derogated, humiliated, and scolded Zhang Kuan in the class many times, and there were 8 times on the day of the accident alone. The angry parents took Zou to court for insult and abuse of the person under care.

In August last year, the first-instance verdict of the case was pronounced in the Lianxi District People's Court of Jiujiang City, Jiangxi Province, and Zou was found not guilty. Zhang Dingjie and his wife appealed in court. On November 21 of the same year, the second-instance trial began, and "whether Zou's behavior towards Zhang Kuan was a normal educational punishment or an insult" became the focus of contention between the prosecution and defense.

After the verdict of the second instance was announced today, Zhang Dingjie shouted in court, "Dissatisfied!" "He also said that he would apply to the Jiangxi Provincial High People's Court for a retrial." There will always be many obstacles when the wheel of justice rolls forward, but I am sure that it will surely sail towards the light. Zhang Dingjie said.

Original card disputes

Classroom surveillance video is the key to restoring the truth and has become the main basis for the trial.

During the second instance of the case, Zhang Dingjie raised objections to the appraisal opinion issued by the Fujian China Securities Judicial Appraisal Center entrusted by the court of first instance, and applied for an appraisal agency in Shanghai selected by him to recover and authenticate the data of the original memory card. In December last year, on the basis of Zhang Dingjie's application, the court of second instance sent the presiding judge to the institution to negotiate the appraisal matters, and Zhang Dingjie was also present. On that occasion, Zhang Dingjie found that the hash value of the memory card displayed by the computer was inconsistent with the hash value identified by the Fujian China Securities Judicial Appraisal Center, and questioned the authenticity of the memory card on the spot, and proposed to conduct a consistency appraisal of the samples from the two appraisals.

Zhang Dingjie said that since then, he has called the court many times, but only twice, and the other party told him that he needs to study and make a decision, and let him wait for news. He didn't expect it, so he waited directly for the notice of sentencing.

A notice of sentencing posted at the entrance of the courthouse.

According to the second-instance trial document, the public security organs obtained the classroom's monitoring equipment and the original memory card from the school in accordance with the law after the incident, and in order to ensure the safety of the original evidence, the public security organ made a mirror backup of the memory card, and handed over the mirror file to the Fujian China Securities Judicial Appraisal Center for identification. Fujian China Securities Judicial Appraisal Center and the appraiser have legal qualifications, and the appraisal procedures are legal, and the document can be used as evidence for the verdict. After consulting with technical experts, the court learned that the hash value of the image file storage card would be changed due to viewing evidence, displaying in court, etc. Therefore, the court did not carry out data recovery and verify the consistency of the two samples.

"From the first instance to the present, we have been complaining about this original card, and we just want to take the original card to recover the data. However, the court of second instance held that there was no point in re-appraising the data recovery. I took a USB flash drive in the first instance, and I took a card with inconsistent data in the second instance, why didn't I take out the original card? Zhang Dingjie said, "As a private prosecutor in a private prosecution case, we have the right to know and present evidence for the evidence we assert, so why do we keep the key evidence confidential?" Why didn't we know about the data appraisal of the second instance, and the court directly made a judgment? ”

He also proposed: "In response to Zou's previous slander against Zhang Kuan for having cancer, taking a semester off, and being a poor student, we submitted Zhang Kuan's homework book, test papers, student handbook and other evidence to refute it, but there was not a word in the verdict. Whether the evidence is admissible or not, there must be an explanation. ”

"Not convinced!" Almost at the second when the judge finished reading out the verdict, Zhang Dingjie in the plaintiff's seat stood up and shouted loudly.

Walking out of the court, Zhang Dingjie's mood could not be calmed down for a long time.

Court: The available evidence is not sufficient to establish causation

In fact, before the second-instance verdict was announced, Zhang Dingjie's family was already mentally prepared for the outcome of the trial. It's not so much about psychological preparation, but even more about lowering expectations, or even daring to look forward to them. "Let's just say that we've prepared for the worst." Zhang Dingjie said.

Wang Beilei clearly remembers the state of the family when the first-instance verdict was announced, and they were shocked when they heard the verdict of Zou's acquittal. Previously, Wang Beilei had even ordered flowers and was ready to spread sunflowers in the place where Zhang Kuan's accident occurred after the verdict was announced, "telling him the good news of winning the lawsuit". Unexpectedly, it backfired. They stood in the courtroom, maintaining a restrained calm on the surface, but in fact the world had already collapsed inside......

Watching Zou leave under the escort of the bailiff, Wang Beilei asked Zhang Dingjie: "Do we want to come by ourselves?" She felt that since the way of the law could not work, she would take revenge in her mother's way, and she wanted to rush over and "tear up" Zou and "make the evildoer pay". Zhang Dingjie stabilized her.

And this time, the "time" they wanted still hasn't come.

In the defendant's seat, Zou wore a black mask, bowed his head the whole time, and did not say a word. After the trial was over and the signature was confirmed, she hurried away under the protection of the bailiff. Zhang Dingjie, Wang Beilei and Zhang Kuan's grandfather Wang Aimin rushed forward and cursed angrily at Zou, but were stopped by the bailiffs.

During the second trial, Zou wore a black mask, bowed his head throughout the whole process, and did not say a word.

After the incident, Zou's original mobile phone number has been turned off, and she never accepts media interviews.

In the second-instance judgment, the court held that Zou's conduct did not substantially deviate from the purpose of education, nor did it clearly exceed the scope of the exercise of the right to education, and that he did not intend to degrade or corrupt the personal dignity and reputation of students, nor did he deliberately target and treat Zhang Kuan differently. The act itself is not sufficient to cause others to commit suicide by jumping off a building. The available evidence is insufficient to establish a criminal law causal relationship between Zou's conduct and the result of Zhang Kuan's death.

"In the process of criticizing and educating students, Zou did not pay attention to personal care and psychological counseling, and failed to pay more attention to the psychological and emotional changes of primary school students who were not yet physically and mentally mature, although his behavior did not constitute a crime, but it did not meet the requirements of the people's teachers' professional ethics, and the competent departments of education have made corresponding party discipline and government sanctions against him."

On July 10, 2022, the Jiujiang Municipal Education Bureau reported: Zou had problems such as accepting red envelopes from service objects, accepting banquets from service objects and accommodation arrangements in Lushan in violation of regulations; There are violations of work discipline, improper performance of duties, ridicule and discrimination against multiple students in classroom teaching, and students who have been asked to correct each other's homework and other violations of teacher ethics and style. A punishment decision was made to give Zou a serious warning within the party, reduce the level of two posts, and transfer him from his teaching position.

The original happy home is now wandering everywhere

In Wang Aimin's house, there is a room specially set up to commemorate Zhang Kuan, which was originally the place where Zhang Kuan wrote his homework before his death, and now there are sugar, chocolates and biscuits that Zhang Kuan loved to eat, as well as toys from his childhood. The day before the trial, Wang Aimin took out Zhang Kuan's relics from the cabinet that he kept, which he usually did not dare to touch, "It's so sad to look at, people can't stand it." This time it was the same, before he could speak, his eyes were already red, and tears could not stop flowing.

On a white thermos cup used by Zhang Kuan before his death, there is also a fingerprint of his hand, which may have been unintentionally left when his hands were dirty, and Wang Aimin regarded it as a treasure. He opened the lid of the thermos cup and sniffed it, and then took out a quilt that Zhang Kuan had covered when he was a child and put it to his nose to smell, "There is still the smell of Zhang Kuan on it", this is his way of dissolving his thoughts.

Wang Aimin opened the lid of the thermos cup and sniffed it and said, "There is still a smell of Zhang Kuan on it." ”

Zhang Kuan's schoolbag is an army-green canvas schoolbag with Chairman Mao's head and "Serve the People" printed on it. One year, Zhang Dingjie went to Yan'an on a business trip, took a photo and asked Zhang Kuan what gift he wanted, and Zhang Kuan chose this schoolbag. "My child has been very 'upright' since he was a child, and you can see what he chooses, to serve the people." Zhang Dingjie said.

Wang Aimin showed reporters Zhang Kuan's schoolbag and homework. Because he was too sad, he usually "didn't dare to touch these things".

It would have been an enviable family.

Wang Aimin is a veteran policeman who founded in Jiujiang and has been responsible for the construction of a junior police academy by the police and the people for many years. Many of his siblings held important positions in Jiujiang. Wang Beilei used to be a reporter for Jiujiang TV before quitting her job to open a psychological counseling studio. Zhang Dingjie is a traffic police officer who has been a police officer for 15 years.

After Zhang Kuan's accident, the originally happy family fell apart.

After Zhang Kuan's death, Wang Beilei lay in bed for three days, without eating or drinking. On the evening of the fourth day, her two uncles who were leaders came to the door, and Wang Beilei got up from the bed and gave the uncles a note. When cooking noodles, Wang Beilei's hands couldn't stop shaking, but she still endured it, because she thought, "The person who supported us is here." ”

Unexpectedly, she overheard the conversation between the uncles, and the fourth uncle asked the uncle what he thought about this matter, and the uncle said, "I don't participate." Wang Beilei couldn't believe her ears. She was looking for a reason in her heart for the uncles who had pampered her since childhood, did they have any hardships? Are they under pressure? However, the events that followed completely shattered her last glimmer of hope.

Wang Aimin's brother has dissuaded him and Zhang Dingjie more than once not to continue to hold the school and Zou responsible, not to post relevant information on the Internet, and to take the compensation money early to settle the matter.

The friends around her also made Wang Beilei feel cold. She has three best girlfriends, one girlfriend couldn't be contacted after Zhang Kuan's accident, and one girlfriend blocked her WeChat after sending her a message of condolence, and only one girlfriend was still by her side. Wang Beilei knows, "No one wants to be involved in this kind of trouble." ”

In pain, Zhang Dingjie and his wife chose to leave. Now only Wang Aimin, who has not yet retired, stays alone in Jiujiang; Wang Beilei's mother and brother's family stay in Shenzhen; Zhang Dingjie lives in Shanghai, but because of his work as a lawyer, he often travels around the country; In order to open branches of psychological studios in Shenzhen and Hong Kong, Wang Beilei also moved from Shanghai to Shenzhen in the past six months, because of her busy work, she and Zhang Dingjie can only see each other in an average of a month......

The family is scattered in Tiannan and Haibei, renting a house and a new environment, which makes Wang Beilei often feel adrift. "What a good home has become what it is now." Wang Beilei said.

"We can't use the old ways to educate today's children"

Every time the "Zhang Kuan case" returns to the public eye, it will trigger a round of discussion on the issue of education.

"Nowadays, children jump off buildings at every turn, and parents should pay more attention to their children's mental health." "Today's children can't beat or scold, the teacher is only responsible for lecturing, and nothing else can be managed!" "If this crime is sentenced to a teacher, then who will dare to be a teacher in the future?" …… After the verdict of the second instance was announced, in addition to sympathy, there were also many voices of doubt.

In this regard, Zhang Dingjie responded: "We are not saying that it is wrong for teachers to discipline students, what we oppose is not normal educational discipline, but teachers who hurt children with insults and derogatory behaviors." During the second-instance trial, they repeatedly emphasized: "Punishment is not the same as beating and scolding, and criticism is not equal to insulting." ”

After Zhang Dingjie quit his 15-year job as a traffic police officer and changed careers to become a lawyer, many parents with similar experiences approached him. Some asked him to represent the case, while others just wanted to confide. Sometimes he feels overwhelmed, but he never dares to give up. "Avoid a similar tragedy from happening again." He saw this as his son's mission to himself.

An originally happy family of three. Image courtesy of the interviewee

Someone also approached Wang Beilei and suggested that she set up a public welfare organization so that parents with the same experience could get together and join the group for warmth. Wang Beilei immediately refused. "I'm sorry, I can't." She said, "People with cold hearts can't get warm together, if I can succeed in Zhang Kuan's case, I will save countless children." ”

Wang's psychology studio only accepts teenagers because she feels empowered to pull them along.

She found that 90% of the parents who came to her had a problem, that is, they often only solved the problem for their children's symptoms: not liking to study, running away from home, transferring money to anchors...... "In fact, it is very simple to solve children's problems, what they need is one thing: to be seen." Wang Beilei said.

It takes a long and arduous process to heal a child, and some children are reluctant to say a word when they come, so she doesn't force them, so she uses painting, sand tables, etc. to go into the child's heart little by little to see what his vulnerable places are and what he needs.

"Most parents have said something like this to their children: I have worked so hard to raise you, why are you still so disobedient? Not only will this be ineffective, but it will also increase the burden on the child and make him feel like a burden. "We can't use the old ways to educate today's children. ”

Now, Wang Beilei still suffers from insomnia, and still sometimes feels hopeless: "The future is so long, how should I live?" ”

Whenever this happens, she tries to keep herself busy, and she says that there is only one belief that supports her to go on: "The task given to me by Kuankuan has not been completed, and I cannot collapse." ”

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