Criminal lawyer of Quzhou Law Firm

Recently, the problem of minors being infringed by teachers has been paid more and more attention, and "immoral teachers" and "animal teachers" have become "street rats" shouted by everyone. With the increase of cases exposed in this respect, the laws of schools and parents are also exposed.

The concept of system is indifferent, and the awareness of protecting minors in school is weak. A few days ago, the reporter interviewed lawyer Tong Lihua, director of the Youth Legal Aid and Research Center, and asked him to analyze three common violations that happened to minors: sexual assault, corporal punishment and economic benefits, and put forward countermeasures.

Type 1: sexual assault

Case 1:1September 1999 to 20021October, Chen Youhai, a 49-year-old primary school teacher in Tongzhou District, Beijing, took advantage of his position as a math and social studies teacher in grades three, four and five to help with his homework and change the topic, and raped him many times 19 dissatisfied1. From June 5438 to February 65438, 2003, Chen Youhai was sentenced to life imprisonment and deprived of political rights for life by Beijing No.2 Intermediate People's Court.

Case 2: On the afternoon of June 5438+February 1, 2003, a 35-year-old unmarried male teacher in a primary school in Chaoyang District drowned his sorrows by drinking, helped students debug computers in class and molested 13 girls. The youngest of them is 9 years old, and the oldest is only 1 1 year old. A few days ago, this immoral teacher Liu has been prosecuted by Chaoyang Procuratorate. Lawyer's analysis: Lawyer Tong believes that sexual assault cases against minors mostly occur among female students in junior high schools and primary schools in rural areas and small towns, and often have the characteristics of long duration and large number of victims. He said that because young girls are afraid of the authority of teachers, and they don't know the nature and consequences of the injury, and they don't know how to preserve the evidence of the infringement, it is often difficult to expose sexual assault on girls. At the same time, the victim is easy to cause mental illness after being violated. The humiliation brought by aggression to children and their families and the injury caused by repeated interrogation after reporting the case are often the direct reasons why students and parents are afraid or unwilling to report the case.

Category II: Corporal punishment

Case 1: According to chongqing morning post, on the morning of March 19, 2004, Liu Lina, a teacher of Donggaogu Primary School in Houcun Town, Quzhou County, Chongqing, gave corporal punishment to the students in the first class of the fifth grade, forced 42 students in the class to reach out their hands, and then scratched and bled the palms of each student with a pencil sharpener. At present, Liu has been criminally detained by Chongqing police and the principal of the school has been removed from office.

Case 2: Since September, 20001year, Cai, the coach of a sports school, repeatedly punished Zhang, an athlete who was only 14 years old, with fists, water skis and slippers. Cai often slaps Zhang when he is angry, and has slapped more than 20 times so far. In June 5438+February of the same year, the hospital verified that the second joint of the cervical vertebra moved to the right and began hospitalization. Zhang's injury has a causal relationship with Cai's corporal punishment. Zhang's parents took Cai to court. On June 5438+065438+1October 18, 2003, the court made a judgment and ordered the defendant to compensate the plaintiff for medical expenses and mental damages of nearly 20,000 yuan. Lawyer's analysis: Lawyer Tong said that similar to sexual assault, corporal punishment of students is common in primary and secondary schools in rural areas and small towns, but there is no gender difference in this kind of beating behavior. Usually, the students who suffer from this kind of infringement may be naughty students or students with good academic performance. Severe corporal punishment may have a lifelong impact on students' health and a considerable negative impact on students' spirit. Many times, parents do not pay attention to the minor corporal punishment suffered by their children. Many children are afraid that their parents will blame them for their mistakes at school and dare not report violations to their parents. Parents often wait until there are serious consequences that cannot be concealed before they begin to realize the seriousness of the matter. Countermeasures: Children's lawyers attribute sexual assault and corporal punishment to personal attacks. He said that the core source of physical abuse of minors is teachers' psychology of bullying the weak. In junior high school and primary school, teachers are strong enough compared with students, coupled with lax school management, physical abuse is more frequent. The legal concept of equality before the law in China has not been accepted by some teachers, students and parents, which also leads to the phenomenon that teachers bully the weak.