On the morning of May 17, 2024, the Intermediate People's Court of Jiujiang City, Jiangxi Province, publicly pronounced the second-instance verdict in the case of appellants Zhang XX and Wang XX v. defendant Zou XX for insulting and abusing the person under care.
The Jiujiang Intermediate People's Court found out through trial that at around 16:00 on November 9, 2021, Zhang, a sixth-grade student of a primary school in Jiujiang City, fell to his death in his residential community. The public security organs arrived at the scene after receiving the police and found a suicide note on Zhang's body, saying that his death was related to the head teacher and Chinese teacher Zou.
Before the incident, Zhang had failed to complete the operation in accordance with the prescribed time and quality many times. Classroom surveillance video shows that Zou used words such as "debt king" and "untrustworthy" when criticizing Zhang, and carried out behaviors such as changing seats, slapping his head and neck with a pamphlet, and punishing him to stand to listen to classes. When Zou criticized and educated other students in class, he used basically the same language as he used to Zhang.
The Jiujiang Intermediate People's Court held that Zou's criticism and education of Zhang in his daily teaching did not substantially deviate from the purpose of education, that when he criticized and educated other students in class, he also spoke in a stern tone, and did not deliberately target Zhang, that Zhang's classmates were able to correctly understand and accept Zou's criticism and education, and that there was no causal relationship between Zhang's death and Zou's conduct in the sense of criminal law.
Zou's conduct does not constitute the crime of insult or abuse of the person under care. The first-instance judgment found that the facts were clear, the evidence was credible and sufficient, the law was correctly applied, and the trial procedures were lawful, so the appeal was rejected and the first-instance judgment of acquittal was upheld.
When Zou criticized education, he failed to pay attention to the psychological and emotional changes of Zhang, who was not yet physically and mentally mature, and did not strengthen the assistance to students and communicate with parents in a timely manner afterwards, and some of Zou's speech and behavior did not meet the requirements of the people's teachers' professional ethics.
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Source: CCTV news client
Editor: Niu Xiaoliang
Proofreading: Yu Hongqing
Review: Wang Jin
Issued: Shi Qinghua
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