What are the types of cases where fairness and justice conflict?

A case is worth more than a stack 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 selection of "Top Ten Cases Promoting the Rule of Law in the New Era in 2021" 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.

This selection event was officially launched on December 3, 2021. 40 candidate cases were selected from various cases concluded by courts across the country in 2021 for online voting. *** received votes from netizens 120 million. Based on the voting results of netizens and the selection of the expert committee, in the end, Lai Xiaomin’s case of bribery, corruption, and bigamy, the first criminal case against the honor and honor of heroes, the “10·18” major cross-border telecommunications fraud case, the murder case of the Passion Fruit girl, the China Securities Collective The first litigation case, the first case in which the Civil Code's "self-acceptance of risk" applies, the first facial recognition case, Wu Chunhong's application for retrial for innocence compensation, the seed deck infringement dispute case, and the green peacock preventive protection public interest litigation case were selected as "new The Times Promotes the Process of the Rule of Law "Top Ten Cases of 2021"; the case of a woman who was rumored to be cheating while taking express delivery, Wang Shujin's intentional homicide and rape case, and the case of an old man who was stopped from stealing eggs and died suddenly were selected into the "Top Ten Nominated Cases".

Witness the warmth of the court’s judicial service to the people

A phone call, a text message, someone pretending to be a customer service person to return a refund, or someone pretending to be a public security officer to intimidate and coax, a “winning” brings a series of traps. Behind the sweet words lies a sinister "pig-killing plate". In recent years, telecom network fraud schemes have emerged one after another and have been repeatedly attacked. Electrical fraud is a "cancer" and the public enemy of the people; eradicating the public nuisance is what the people hope for.

In April 2021, the "10·18" extremely large cross-border telecommunications fraud case was heard in the Sichuan Chengdu Railway Transport Intermediate People's Court. This is a cross-border fraud crime with concealed modus operandi, a large number of people involved, and a particularly huge amount of money involved. The court found that in March 2019, the principal criminal Su Moumou and others set up a telecommunications network fraud den in the Philippines, hired more than 100 people including the defendants Zhu Moumou and Dong Moumou, used dating software to recommend false gambling websites, and tricked more than 1,500 victims into recharging money. Participating in gambling, the amount involved was more than 104 million yuan. On June 16, 2021, the Chengdu Railway Transport Courts at both levels announced their verdicts publicly. The 98 defendants involved in the case were sentenced to fixed-term imprisonment ranging from 12 to 1 year for committing fraud and assisting information network criminal activities. 35 people were sentenced to more than 5 years in prison, with a severe sentence rate of 40%, and 98 defendants were sentenced to a total fine of more than 24 million yuan.

“Adhere to a two-pronged approach of criminal crackdown and economic crackdown, use full and exhaustive legal means to severely crack down on telecommunications network fraud crimes, and form a high-pressure (strike) situation against telecommunications network fraud crimes.” Chengdu Railway Transportation Intermediate Xu Xiang, the chief judge of the People's Court's "10·18" extremely large cross-border telecommunications fraud case, said that the "10·18" series of cases were tried strictly and severely and punished in accordance with the law, which effectively deterred telecommunications network fraud crimes and demonstrated that justice serves the people and eradicates crimes. The attitude and intensity of "cheating".

In the first case involving the application of "voluntary risk" in the Civil Code, Song voluntarily participated in a confrontational competitive competition with certain risks, causing injuries to his right eye, and requested compensation. In accordance with the provisions of Article 1176, paragraph 1, of the Civil Code, the court rejected all the plaintiff Song’s claims.

In the past year since the Civil Code was implemented, laws on paper have entered daily life and become judicial norms and codes of conduct. Whether the fetus in the belly has inheritance rights, how victims of high-altitude objects can defend their rights, and whether it is possible to act bravely when facing justice. Being blackmailed, each vivid case shows that the word "people" in the Civil Code is at the forefront, and people-oriented is becoming an "encyclopedia of people's lives."

Witness the court’s judicial impartiality

The murder case of the Passion Fruit girl is a shocking murder case against a minor. Yang Xiaoyan, a primary school student in Lingshan County, Qinzhou, Guangxi, was kidnapped, raped and murdered while selling passion fruit. People sadly called her the "Passion Fruit Girl".

“Severely punishing criminal acts that seriously damage the physical and mental health of minors is a clear provision and consistent position of our country’s laws. To protect minors is to protect the future of the country and the hope of the nation. The Supreme Law has strict regulations on sexual assault We have always had a zero-tolerance attitude towards criminal behavior by minors," said Luo Zhiyong, deputy director of the Trial Supervision Division of the Supreme People's Court.

On February 2, 2021, in compliance with the execution order issued by the Supreme People's Court, the Intermediate People's Court of Qinzhou City, Guangxi Zhuang Autonomous Region executed the death penalty for Yang Guangyi, the murderer of the Passion Fruit girl.

"The despicable criminal motives of the defendant in this case, the cruel means of the crime, the abominable circumstances of the crime, and the serious consequences of the crime have all deeply stung the kind hearts of the public. In accordance with the law, Today, as the governance of the country continues to advance, his bad behavior should be severely punished by the law. This not only provides justice for the victims, but also sends a warning to society." As the presiding judge, Supreme Court Judge Qiu Xiaomin said that the case of the murder of the Passionate Girl involved both surrender and other circumstances that warranted lighter and more severe punishments. The People's Court should exercise discretion prudently, overcome judicial dogmatism, and handle it correctly. The relationship between "can" and "should" be lenient when surrendering to law enhances the acceptability and recognition of judicial decisions and allows the people to truly feel that fairness and justice are around them.

The bribery, corruption, and bigamy case of Lai Xiaomin, the former Party Secretary and Chairman of Huarong Asset Management Co., Ltd. is a shocking corruption case in the financial field. On January 5, 2021, the Tianjin Second Intermediate People's Court sentenced Lai Xiaomin to death for bribery, corruption and bigamy, deprived him of political rights for life, and confiscated all his personal property.

Qi Jianjian, associate professor at the Law School of the University of Chinese Academy of Social Sciences, commented: “By severely punishing Lai Xiaomin’s serious corruption crimes, we will eliminate a major hidden danger in the financial sector and deter corrupt individuals in the financial sector. , promoted the anti-corruption trial work in the financial field, strengthened the crackdown on crimes in the financial field, and achieved the unity of political effects, legal effects, and social effects.”

Witness the breadth of the court’s judicial reach

On November 12, 2021, with the sound of the gavel of the Intermediate People's Court of Guangzhou City, Guangdong Province, the nearly three-year-old Kangmei Pharmaceutical financial fraud case was pronounced in court. Kangmei Pharmaceutical and other related defendants shall bear the total losses of investors. The amount of compensation is approximately 2.459 billion yuan, and the amount of compensation is the highest among similar cases in the domestic A-share market.

Wang Yongyong, judge of the Guangzhou Intermediate People’s Court and presiding judge of China’s first securities class action lawsuit, commented: “The conclusion of the Kangmei Pharmaceutical securities class action lawsuit marks the investor’s tacit participation and explicit withdrawal. The successful implementation of the judicial practice of Chinese-style class actions with the characteristics of " The first case of "Identification" established the principle of "lawful, legitimate and necessary" for the processing of personal information. As the presiding judge, Judge Han Shengchao of the Hangzhou Intermediate People's Court of Zhejiang Province said: "We strive to balance the needs of personal information protection and the development of the digital industry, conduct detailed arguments, and prudent exploration, hoping to use the 'size merit' of this case to provide new ideas for similar trials. direction and new ideas, and contribute "Hangzhou wisdom" to the establishment and improvement of my country's personal information protection legal system."

In the green peacock protection public interest litigation case, the court ruled to stop the construction of the hydropower station project involved in the case, saving the The last home for the "green peacock". At the World Environmental Justice Conference, the green peacock protection public interest litigation case was ranked first among the top ten biodiversity cases in the world by foreign parties. As the only case in the judicial field in my country, it was selected for the 15th Conference of the Parties to the United Nations Convention on Biological Diversity. Exhibition China section.

Judge Su Jingwei of the Yunnan Higher 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 established a The concept of environmental justice in the new era demonstrates China's responsibility as a major country in participating in global biodiversity protection."

The expert case review team of "Top Ten Cases in Promoting the Rule of Law in the New Era in 2021" said that each case is important. It is an answer sheet of "serving the overall situation, administering justice for the people, and imparting justice". They write the people's new requirements and expectations for fairness, justice, security, and harmony, and also connect the solid footprints of China's progress under the rule of law.