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Author: Cui Jie Source Public Name: Cui Jie
The Korean film "Little Client", released in 2019, is based on reality, requires viewers to bring their own tissues, and is also a film that hopes to change the law again.
In the film, the protagonist's sister and brother are born like charcoal, enduring the tyranny of their stepmother and the indifference of their father all day long, unable to change and have nowhere to hide, and their tragic situation is even more serious than "How to Be Home". The only transformation occurred after his brother was tortured to death, and the young lawyer's conscience found that it was only through unremitting efforts that his stepmother and father were finally punished.
However, in retrospect, the children told that there was no way, the investigation was difficult to find, the prosecution encountered obstacles everywhere, and the criminals denied it in every way, all of which made the audience indignant. The interests of children should be safeguarded together, but the reality of the image is that justice for children who have been killed is difficult to achieve.
The film is based on the "Lacquer Valley Child Abuse Case", which is a famous case that occurred in Kigu County, Gyeongbuk, South Korea in 2013.
In the case, the 8-year-old sister had unbearable abdominal pain and died on the way to the hospital due to "traumatic peritonitis", and she had multiple wounds on her body and unnaturally bent her arms. There are indications that she was often beaten before she died, and this time she was killed by being kicked in the abdomen.
During the investigation, the girl's 12-year-old sister turned herself in, saying that she had killed her sister, and then because of the loopholes in the logic of the case, the investigation found that the stepmother was not only the perpetrator, but also often committed domestic violence and various abuses to the sisters. The sister turned herself in because she was afraid that her stepmother would kill her.
The "Lacquer Valley Child Abuse Case" is a special case that has attracted considerable public attention, but child abuse is not uncommon.
A set of data appears in the final scene at the end of the film: south Korea had a population of 51.47 million in 2017, and it was estimated as 10 million families according to a family of five. In 2017, there were 34,169 reports of child abuse in South Korea, divided by 10 million by 34,169, meaning that on average, one child in every 318 families was being abused.
While the use of whistleblowing figures as a statistical option does not necessarily meet the scientific requirements, even so, the numbers suggest that the severity of poor child rights protection is likely to be underestimated, a phenomenon not unique to South Korea.
In recent years, media reports have shown that the personal rights of minors in China have also occurred from time to time when their personal rights have been violated by guardians and caregivers:
In the "Nanjing Child Abuse Case", the boy was severely beaten by his adoptive mother, and the physical contusion area exceeded 10% of the body surface area, and the minor injury was first-degree;
A 16-year-old girl in Shandong province who has suffered domestic violence for a long time, was beaten to death by her father at home 3 days before the middle school entrance examination;
Incidents of child abuse in red, yellow and blue have occurred in various places, and many children have been victimized;
A boy in Jiangmen, Guangdong Province, was killed by his stepfather for "disobeying discipline";
The third girl of Yangxin Junior High School in Shandong was killed by her father's domestic violence and so on.
China's folk once pursued "filial piety under the stick, good people under the yellow jing", tiger father and wolf mother education is also sought after by many young parents at present. But sometimes, excessive harshness is likely to cause physical and mental harm, especially "harshness" based on subjective malice and emotional release, and even leave children with nowhere to hide and be deeply hurt. Therefore, the necessary protective measures should be taken to prevent children from being victimized, and it is particularly important to detect, report, investigate and deal with victims at an early stage.
The current pattern of interaction in the society of strangers is more difficult to detect the victimization of children than in the society of acquaintances in the past, but there is still no shortage of people who have the opportunity and ability to identify and take necessary measures in groups with close contact with children.
In the film, the teacher who saw her sister's scars and the staff who received the alarm from her sister have the opportunity and ability to help and perform their protection duties. Unfortunately, we have always seen that the clues of the brother's victimization have nowhere to go and are ignored.
Neighbors often hear about the atrocities, but they are indifferent to "it has started again, or leave other people's affairs alone"; the teacher sees the scars on her sister's neck, but uses the excuse of "the teacher is a little busy now" to avoid it; the sister finally bravely calls the police, but the staff complains that "now the child, the mother will call the police after two hits!" ”。
In the end, the young lawyer stepped forward, but behind this stand-up was the tragic death of his brother and the huge price of bad consequences. Although attention and action are valuable, at the cost of the brother's life, it is inevitable that there is no sense of making up for it.
The lawyer's follow-up investigation is not only difficult, but also the realization of justice is quite accidental, in fact, it also shows that the suppression of evil deeds cannot rely solely on the discovery of personal conscience, and the punishment that ends in individual cases is not the comprehensive significance of child protection.
The family is a haven for many people, but for abused children, the family is like a cage. Children are vulnerable groups, do not have the awareness and ability to get out of the cage, and the protection of rights and interests also needs the necessary help from social groups.
As shown in the film, children cannot choose their own parents, and even in the face of unqualified parents, they can only accept it. Meeting unqualified parents is the misfortune of the sisters and brothers, but if the people around them can help stop it, call the police in time, and intervene in the judiciary, the younger brother will not die tragically, and the sister will not go through hardships for justice.
In addition to strong and forceful sanctions against perpetrators, it is even more necessary to intervene forcefully in the investigation at the slightest hint of violence and to strangle abusive violence in the cradle. However, the occurrence of domestic violence by minors has its particularity, the causes are complex, the injuries are difficult to recover, the difficulty of prevention is high, the concealment is strong, coupled with the low cognitive ability of minors themselves, the ability to save themselves is poor, and it is difficult for wanton perpetrators of violence in the family to wake up and realize themselves, and it is actually difficult to have a targeted and comprehensive solution. If we want to solve it effectively, we also need social coordination and joint promotion, supplemented by necessary judicial intervention, which is not only necessary, but also necessary.
In recent years, in order to protect children from domestic violence, the Anti-Domestic Violence Law has introduced a mandatory reporting system, which stipulates that schools, medical institutions, residents' committees, villagers' committees, social work service agencies, aid management institutions, welfare institutions and their staff have the obligation to report cases;
The Law on the Protection of Minors stipulates the details of family protection, and also stipulates that the three organs of the Public Prosecutor's Law shall order them to receive family education guidance if they discover acts of violence such as violent discipline that are detrimental to the physical and mental health of minors;
The proposed revised draft also stipulates that where an organization or individual that has the right to initiate a lawsuit or exercise relevant litigation rights on behalf of a minor infringes upon the rights and interests of a minor waives its rights or neglects to exercise its rights within a reasonable time limit, the people's procuratorate may exercise its procedural rights on its behalf.
Where the lawful rights and interests of minors are violated, or where administrative organs illegally exercise or neglect to exercise their functions to protect minors, involving the public interest, the people's procuratorate may initiate a public interest lawsuit. As uninspected persons, we have reason to expect that clues to child victimization will be discovered and protected as soon as possible, and of course, we should also take active actions, perform procuratorial supervision duties, implement the main points of the revision of the Law on the Protection of Minors, promote and supervise the implementation of the mandatory reporting system, and safeguard the legitimate rights and interests of minors.
In the end, we hope to reach a unified social consensus and joint action: the discovery, reporting, investigation and punishment of children's victims, and the effective protection of children's rights and interests are not only conscience, but also responsibilities and obligations, and every adult citizen should bear this responsibility and responsibility.
Finally, it should be noted that the film cuts into a real historical case during the interview process, which is also a classic discussion case in law school.
In 1964 in New York, a girl named Kitty Genovese was killed by gangsters with a knife. Unlike ordinary murder cases, during the girl's murder, 37 people heard the victim's cries for help, many of whom watched for a long time, but none of them reached out to help, or even called the police. When the 38th person finally called the police, Genovese had been attacked by gangsters for half an hour, and finally died of serious injuries.
Such so-called "group apathy" incidents are not unfamiliar to us, and there have been fierce debates on such phenomena in China, and similar incidents in other countries have occurred from time to time.
"China Daily" once reported that in 2015, female college students in India were molested at the railway station, and 50 witnesses were rescued by no one. In the end, female college students, in full view of everyone, relied on themselves to subdue the satyrs.
Psychology has the famous "bystander effect" theory, that is, when a crisis occurs, the more bystanders there are, the less help they will provide and the longer the time to react will be extended. "So many people did not come to the rescue, and since so many people have done the same as me, then I am not wrong, because the law does not blame the public", is a group psychological portrait in such incidents. It is undeniable that "more is better than less" is in line with human nature, and it is not understood to see righteousness and courage, and good-faith intervention is accused of being nosy, and these situations occur frequently. At the beginning of the film, the young lawyer's view is also that "things related to personal life, choosing to escape is a common human feeling, and you can't be held accountable just by standing by." Because of this, the film uses this psychological effect as a dark line throughout, and the plot dominated by this highlights the helplessness of distress. But as the film shows, the result of turning a blind eye is further recklessness, which may eventually cause unbearable pain. When the snow mountain collapsed, not a single snowflake was innocent. In the face of injustice, although the individual's ability is limited, but to make a difference, even if it is extremely small, may become a lever to pry the earth.
It is hoped that bystanders will not see death and not be saved, which is a due expectation for the fulfillment of civic responsibilities. Whether or not relevant criminal responsibilities can be pursued is related to the correct orientation and demarcation of criminal policy, which cannot be discussed in this article.