The victim was beaten and insulted by three girls, kneeling on the ground and slapping himself for an hour; A junior high school girl was stripped and beaten by a girl of the same age; Junior high school girls bite cucumbers in their mouths, write names on their faces and get slapped; A girl was beaten and abused in an alley after school, and was forced to kneel and take off her coat ... In 43 incidents, 32 were mainly committed by girls.
The campus violence of female students in Chongqing triggered a heated discussion in Weibo.
In 2008, a survey conducted by Luohe Medical College in Henan Province showed that among 563 female nursing students, 184 thought there was campus violence, with an incidence rate of 33.6%. Among them, verbal violence accounted for 63.6%, physical violence accounted for 23.9%, and robbery (theft) of property accounted for12.5%; The most common reasons are verbal discord, accounting for 53.8%, jealousy of the other party accounting for 2 1.2%, aversion to the other party and unreasonable troubles accounting for 17.4% and 7.6% respectively.
The frequent occurrence of violence against girls is also a common phenomenon all over the world. Dr. Lin Qisim, former president of the International Youth Sociology Research Association, believes that today's campuses in Europe and North America are also yin and yang poles, and the phenomenon of violence against girls on campus appeared even earlier than in China.
The reason is that, on the one hand, adolescent girls are sensitive and easily agitated during physiological period, which leads to emotional out of control. They may argue with their classmates over a trivial matter, or abuse others out of jealousy and xenophobia. In the aforementioned cases, some girls even beat and abused the victim on the grounds that he "looked at her again for no reason". On the other hand, people are gregarious, especially girls. Some people are timid by nature, but gangs can distract responsibility, so people often lose themselves in gangs.
2. Send videos and photos to show off violence.
The popularity of smart phones and the Internet facilitates people to spread information, and abusers upload photos of abuse to the Internet in an attempt to bring more harm to the victims. After all, attracting people to watch will bring more mental stress to the victims than punching and kicking. And this has also formed a demonstration effect to a certain extent. According to reports, middle school girls in Lanling County, Shandong Province, imitated the means to carry out injuries after seeing bullying videos on the Internet.
This also highlights the lack of young people's legal knowledge, and they don't realize that spreading this information may bring serious legal consequences.
20 14 February, the media reported that a man in Fujian sent fake nude photos in order to get the praise of his friends. He also made a rumor that the "naked heroine" was a girl from Pinghe Zhao Guang Middle School. She was raped by four men for offending the local "big sister" and was threatened not to call the police. After being administratively detained, the man said that the motive was to make many people pay attention to his space and praise it. As for the consequences and legal responsibilities, he basically doesn't understand.
3. Domestic situation: It is mostly solved through educational institutions.
According to the criminal law of our country, a person who has reached the age of 16 should bear criminal responsibility for committing a crime. A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility. If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.
Looking at these 43 incidents, we can find that most of the perpetrators are junior high school students, ranging in age from 13 to 16, and the youngest is only 12. Local education departments or public security organs often take the principle of "being a minor" and "not affecting future development" and replace punishment with education, and finally the two sides reach a settlement privately. Moreover, in some cases, administrators such as schools, tutors, teachers, and educational administration systems may be resigned because of their own interests. The perpetrator can't get the corresponding punishment, and is prone to revenge, which will eventually bring secondary harm to the victim.
In addition, most bullying incidents do not constitute these crimes defined in the criminal law, and more mental injuries cannot be convicted. When the situation is serious, the perpetrator will be convicted of stirring up trouble. April 20 14, in the bullying incident in Quanzhou, Fujian, a boy wearing a school uniform was blocked in a room suspected of being a toilet and was beaten by many boys wearing the same school uniform. In the process, a number of boys who took turns to fight punched and kicked, cola splashed, and covered their heads with instant noodle bowls and buckets, causing the other party to scream and cry. Regarding the handling of this matter, the local police said that the students who participated in the beating did not do anything, mainly to humiliate him. The person who is beaten does not constitute a minor injury, and the consequences are not serious.
Prior to this, the case of China students abusing their compatriots at the end of March this year was also shocking. Two female students from China were punched and kicked by many students, stripped off their clothes to take pictures, and burned their nipples with cigarette butts. According to California criminal law, several defendants may face life imprisonment.
Existing laws are "powerless" to punish school bullying.
In this abuse case in the United States, a total of 12 suspects were involved, 6 of whom have been arrested and the rest are still being pursued. Among the six arrested persons, Zhai Yunyao and Yang are adults and were arraigned at Pomona Branch of Los Angeles County High Court on June 5-5, 2008.
Three China students in the court of first instance.
According to the contents of the indictment published by the court in June, 5438+08, the above three defendants seriously violated the criminal law of the United States and were charged with six counts of kidnapping, two counts of torture and ill-treatment and four counts of personal injury, totaling 12 counts.
Deng Hong, a US federal court lawyer who often accepts China's criminal cases, appeared in court on the same day as Zhang Xinlei's attorney. After the trial, he told the media that this case was the "most vicious" violent case he 18 years had seen. If the case goes to the jury stage, the defendant may face life imprisonment for only one crime of "torture". Deng Hong said that the defendant may not only face imprisonment, but also face the result that the international student visa will be cancelled and deported after serving his sentence in the United States because it is difficult to complete his studies.
According to the network of the Los Angeles High Court hearing the case, Zhai faces six criminal charges.
1. The circumstances of illegal detention in school bullying are difficult to convict.
According to Article 207 of California Criminal Law, it is a crime of kidnapping to forcibly transfer others by force or threat without their permission. Generally speaking, the maximum penalty is 8 years imprisonment. If the victim was under 14 years old at the time of kidnapping, the maximum sentence can be 1 1 year.
Article 239 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever abducts another person for the purpose of extorting property, or abducts another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property; Whoever causes the death of the kidnapped person or kills the kidnapped person shall be sentenced to death and his property shall be confiscated.
Therefore, the crime of kidnapping in our country implies that the subjective motive of the perpetrator is to extort money or other illegal interests, and kidnapping and hostage-taking are only a means to achieve subjective purposes. Therefore, compared with these two countries, the threshold for being charged with kidnapping in the United States is very low. And from the sentencing point of view, the accusation of kidnapping in China is in an "extreme" dilemma, either sentenced to more than ten years or exempted from criminal punishment, with no transition in the middle.
The crime of illegal detention stipulated in China's criminal law refers to the criminal act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods. Article 238 of the Criminal Law stipulates that whoever commits the crime of illegal detention shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and whoever beats or insults others shall be given a heavier punishment. Whoever commits the crime of illegal detention and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years; Whoever causes death shall be sentenced to fixed-term imprisonment of 10 years or more.
Illegal detention of others does not necessarily constitute a crime, but it constitutes a crime to a considerable extent. Therefore, in judicial practice, the nature of illegal detention will be determined according to the comprehensive analysis of factors such as the seriousness of the circumstances, the size of the harm and the length of detention. For general illegal detention, Article 40 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that anyone who illegally restricts the personal freedom of others shall be detained for more than 10 days and less than 15 days, and shall be fined between 500 yuan and 1,000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and shall be fined more than 200 yuan and less than 500 yuan.
Therefore, in judicial practice, it is often difficult to convict some people who deprive others of their freedom and commit violent acts for a short time.
2. The crime of maltreatment is limited to family members and not binding on classmates.
According to Article 206 of California Criminal Law, the crime of torture is to torture the other party. Through a series of acts that harm the other party's body and spirit, the maximum penalty is life imprisonment and the maximum fine is $654.38+$00,000. In American law, torture is a felony. The World Journal reported that Rayford Fontaine, the attorney of the suspect Yang, said that the crime of torture is very rare in the United States, and this is the first case he has represented for more than 30 years.
In our country, the crime of maltreatment mainly refers to the physical and mental persecution of family members who live with * * * *, often by means of beating and cursing, binding, freezing and starving, restricting freedom, insulting personality, refusing medical treatment or forcing them to overwork, and the circumstances are bad. Article 260th of the Criminal Law stipulates that whoever maltreats a family member, if the circumstances are bad, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.
Abuse of non-family members is generally punished as illegal detention.
In addition, the criminal law of our country stipulates the crime of intentional injury, which refers to the criminal act of intentionally and illegally hurting others' bodies to a certain extent and should be punished by the criminal law. The act of hurting others' bodies must cause some damage to others' bodies in order to constitute the crime of intentional injury. If it's just general punching, kicking, pulling and tearing, it won't cause harm, so it can't be punished as intentional injury. If there is no injury above minor injury, and it does not reach the injury level or reach the level, it is a minor injury and cannot be punished as intentional injury.
3. Do the principal and the accessory need the same crime?
In this case, the male student Zhang Xinlei is Zhai Yunyao's boyfriend. On the day of the incident, he was in charge of driving, the girls started, and he watched the fun. Although he didn't do it himself, according to California law, the accomplices who drive to watch the wind are also punished with the same crime, and all criminals bear the heaviest punishment.
Article 26 of China's Criminal Law stipulates that the principal offender is the one who organizes and leads a criminal group to carry out criminal activities or plays a major role in joint crimes. The principal offender shall be punished according to all the crimes he participated in, organized or directed. Article 27 stipulates that those who play a secondary or auxiliary role in a joint crime are accomplices. An accessory shall be given a lighter, mitigated or exempted punishment.