最高人民法院发布侵犯妇女儿童权益犯罪典型案例

案例一：马友祥、熊金义拐卖妇女案

【基本案情】

2013年10月底的一天，被告人马友祥等人经被告人熊金义介绍，将被拐骗至云南省境内的越南籍妇女黄某以6.26万元的价格卖给安徽省宣城市的高张俊为妻，熊金义分得“介绍费”1万元。2013年11月至2014年2月，马友祥经熊金义介绍，伙同刘美英（同案被告人，已判刑）等人先后将被拐骗至云南省境内的越南籍妇女崇某某、麻某某、黄某某，以5.6万元至7.6万元不等的价格，分别卖给安徽省宣城市的管军、王鹏、吴新蕾为妻。熊金义于2011年至2012年另参与介绍拐卖越南籍妇女3人。

【裁判结果】

法院经审理认为，被告人马友祥、熊金义等人以出卖为目的，贩卖被拐骗的妇女，其行为均已构成拐卖妇女罪。在共同犯罪中，马友祥起主要作用，系主犯。熊金义起次要作用，系从犯，可依法减轻处罚。依照刑法有关规定，以拐卖妇女罪判处被告人马友祥有期徒刑十一年零九个月，并处罚金人民币六万元；以拐卖妇女罪判处被告人熊金义有期徒刑七年零九个月，并处罚金人民币三万元。

【典型意义】

随着我国与周边国家交往的增多，一些不法分子与境外人员相勾结，从事拐卖外籍妇女犯罪活动，严重侵犯妇女的人身自由权利与人格尊严，影响我国的国际形象。本案被告人马友祥伙同被告人熊金义，将多名越南籍妇女卖给他人为妻，人民法院根据各被告人的犯罪事实、情节、危害后果及其在共同犯罪中的地位、作用，分别判处相应刑罚，彰显了我国司法坚持平等保护各国在华妇女、儿童的人身权益，坚决从严惩治一切拐卖犯罪的决心。

案例二：施美丽故意杀人案

【基本案情】

被告人施美丽与被害人张惠昌系夫妻关系。张惠昌经常无故打骂施美丽，施美丽2012年即曾为此报警。2014年5月19日19时许，张惠昌又因琐事持续辱骂及殴打施美丽，并将家中的手机等物品砸坏。次日5时30分许，施美丽因长期遭张惠昌打骂，心生怨恨，遂起杀害张惠昌之念。施美丽趁张惠昌熟睡，持家中一把铁榔头击打张惠昌左侧头部、面部数下，见张惠昌头部出血后，让居住于同幢楼的其子张雷拨打“120”抢救。后施美丽随同亲友将张惠昌送医院抢救无效死亡。案发后，施美丽主动向公安机关投案自首。

【裁判结果】

法院经审理认为，被告人施美丽持械故意杀害其丈夫张惠昌，其行为已构成故意杀人罪，依法应予惩处。施美丽因不堪忍受张惠昌的长期家庭暴力而产生杀人故意，事发前张惠昌为家庭琐事又长时间辱骂、殴打施美丽，张惠昌对引发本案存在重大过错，施美丽在发现张惠昌头部出血后，主动将张送医院抢救，其故意杀人情节较轻，可酌情从轻处罚；案发后主动投案自首，依法可从轻处罚。依照刑法和有关规定，以故意杀人罪判处被告人施美丽有期徒刑四年。

【典型意义】

本案系遭受家庭暴力的妇女“以暴制暴”致施暴人死亡的典型案件。根据最高人民法院、最高人民检察院、公安部、司法部《关于依法办理家庭暴力犯罪案件的意见》的规定，对于因遭受严重家庭暴力，身体、精神受到重大损害而故意杀害施暴人；或者因不堪忍受长期家庭暴力而故意杀害施暴人，犯罪情节不是特别恶劣，手段不是特别残忍的，可以认定为刑法第二百三十二条规定的故意杀人“情节较轻”。本案中，人民法院综合考虑被害人在案发前实施家暴、存在重大过错，以及案发后被告人有自首情节，积极参与抢救，主观恶性和人身危险性相对较小等因素，对被告人从宽处罚，较好体现了宽严相济的刑事政策。

案例三：黄泽学强奸案

【基本案情】

2003年冬季至2014年期间，被告人黄泽学以金钱引诱、殴打、威胁等方式，多次对其继女晋某甲（被害人，1990年出生）、晋某乙（被害人，1992年出生）、晋某丙（被害人，1995年出生）进行奸淫。晋某乙住校读书期间，黄泽学还发手机短信到晋某乙同学的手机上，威胁晋某乙必须回家与其继续发生性关系。2014年5月的一天，黄泽学授意其亲生女儿诱骗女同学晋某某（2001年10月出生）留宿其家，趁晋某某睡觉时欲强奸晋某某，遭晋某某反抗并提出要回家而未遂。

【裁判结果】

法院经审理认为，被告人黄泽学采取暴力、威胁等手段长期对3名不满14周岁的继女实施奸淫，强奸未满14周岁的晋某某未遂的行为，均已构成强奸罪，应依法从重处罚。黄泽学犯罪情节特别恶劣，后果特别严重，依照刑法有关规定，以强奸罪判处被告人黄泽学无期徒刑，剥夺政治权利终身。

【典型意义】

本案是一起继父强奸年幼继女的典型案件。根据我国刑法规定，奸淫不满14周岁的幼女的，以强奸论，从重处罚。这种发生在家庭内部的性侵行为，具有高度隐蔽性，被害人往往被长期侵犯而不被发现，其身心遭到巨大损害。不仅如此，这种行为也严重破坏了社会、家庭的基本伦理道德观。鉴此，最高人民法院、最高人民检察院、公安部、司法部联合发布的《关于依法惩治性侵害未成年人犯罪的意见》中规定，对未成年人负有监护职责的人员及与未成年人有共同家庭生活关系的人员实施强奸的，更要从严惩处。本案被告人黄泽学身为三名年幼被害人的继父，利用与被害人共同生活的便利条件，在长达十余年时间内多次对被害人实施奸淫，不仅严重侵害了被害人身心健康，更是严重违反了社会人伦，社会危害极大，影响极其恶劣，最终受到法律的严惩。本案的发生，给未成年人及其监护人或近亲属一个警示，应提高防范性侵的意识和能力，发现犯罪后，要勇于揭露、制止犯罪，防止因一味沉默忍让而致不法分子得寸进尺，致使遭受更大伤害。同时，社会、学校也要加强对未成年人防范各种侵害的意识教育。根据反家庭暴力法的规定，学校发现未成年人遭受家庭成员侵害的，有义务向公安机关报警。

案例四：李征琴故意伤害案

【基本案情】

被告人李征琴与施某甲于2010年登记结婚，婚前双方各有一女，2012年下半年，李征琴夫妇将李征琴表妹张某某之子被害人施某某（男，案发时8周岁）从安徽省带至江苏省南京市抚养，施某某自此即处于李征琴的实际监护之下。2013年6月，李征琴夫妇至民政局办理了收养施某某的手续。2015年3月31日晚，李征琴因认为施某某撒谎，在其家中先后使用竹制“抓痒耙”、塑料制“跳绳”对施某某进行抽打，造成施某某体表150余处挫伤。经法医鉴定，施某某躯干、四肢等部位挫伤面积为体表面积的10%，其所受损伤已构成轻伤一级。案发后，施某某的生父母与李征琴达成和解协议，并对李征琴的行为表示谅解。

【裁判结果】

法院认为，被告人李征琴故意伤害被害人施某某的身体，造成施某某轻伤一级的严重后果，其行为已构成故意伤害罪。案发后，李征琴经公安机关通知后主动到案，如实供述主要罪行，构成自首，依法可以从轻处罚；取得被害人施某某及其生父母的谅解，酌情可以从轻处罚。依照刑法有关规定，以故意伤害罪判处被告人李征琴有期徒刑六个月。

【典型意义】

本案是一起对未成年人进行管教过程中因方式、手段不当触犯刑法的典型案例。未成年人的父母或其他监护人依法对未成年人有抚养教育的权利和义务，但未成年人并非任何人的私有财产，其人格尊严、生命健康等基本权利不应受任何非法侵害，父母或其他监护人对未成年人进行管教亦不得超越法律边界。国家作为未成年人的最终监护人，有权力也有责任对侵害未成年人合法权益的行为进行监督、干预。本案中，被告人虽系出于对被害人的关心、教育，但其以暴力手段侵害了被害人的身心健康，造成严重后果，已构成犯罪，应受到国家法律的惩处。本案发生后，为了实现对未成年被害人的特殊、优先保护，相关部门已为被害人提供了基本的住房、生活和教育保障。

The Supreme People's Court Releases Typical Cases of Crimes Involving Violations of the Rights and Interests of Women and Children

Case 1: Ma Youxiang and Xiong Jinyi's Abduction and Trafficking in Women Case

【Basic Case】

On a day at the end of October 2013, the defendant Ma Youxiang and others, introduced by the defendant Xiong Jinyi, sold Huang, a Vietnamese woman who had been abducted into Yunnan Province, to Gao Zhangjun in Xuancheng City, Anhui Province for 62600 yuan as his wife, and Xiong Jinyi received a "referral fee" of 10000 yuan. From November 2013 to February 2014, Ma Youxiang was introduced by Xiong Jinyi and worked with Liu Meiying (co defendant, sentenced) and others to sell Vietnamese women Chong, Ma, and Huang who were abducted into Yunnan Province to Guan Jun, Wang Peng, and Wu Xinlei in Xuancheng City, Anhui Province for prices ranging from 56000 to 76000 yuan. Xiong Jinyi participated in introducing the abduction and trafficking of three Vietnamese women from 2011 to 2012.

【 Judgment result 】

After trial, the court found that the defendants Ma Youxiang, Xiong Jinyi, and others engaged in trafficking in abducted women for the purpose of selling, and their actions constituted the crime of trafficking in women. In joint crimes, Ma Youxiang plays a major role and is the principal offender. Xiong Jinyi plays a secondary role and is an accomplice, and can be given a mitigated punishment in accordance with the law. According to the relevant provisions of the Criminal Law, the defendant Ma Youxiang was sentenced to 11 years and 9 months in prison for the crime of kidnapping and trafficking in women, and a fine of RMB 60000 was also imposed; The defendant Xiong Jinyi was sentenced to seven years and nine months in prison for the crime of kidnapping and trafficking in women, and was also fined RMB 30000.

【Typical significance】

With the increasing exchanges between China and neighboring countries, some illegal elements collude with overseas personnel to engage in criminal activities of kidnapping and trafficking in foreign women, seriously infringing on women's personal freedom and dignity, and affecting China's international image. In this case, the defendant Ma Youxiang, together with the defendant Xiong Jinyi, sold multiple Vietnamese women to others as wives. The people's court sentenced each defendant to corresponding penalties based on their criminal facts, circumstances, harmful consequences, and their position and role in the joint crime. This demonstrates the determination of China's legal system to uphold equal protection of the personal rights and interests of women and children from all countries in China, and to resolutely punish all trafficking crimes with severity.

Case 2: Shi Meili's Intentional Murder Case

【Basic Case】

The defendant Shi Meili and the victim Zhang Huichang have a marital relationship. Zhang Huichang often beats and scolds Shi Meili without reason, and Shi Meili reported this to the police in 2012. At around 19:00 on May 19, 2014, Zhang Huichang continued to insult and beat Shi Meili due to trivial matters, and smashed his phone and other items at home. At around 5:30 the next day, Shi Meili harbored resentment for being beaten and scolded by Zhang Huichang for a long time, and thus began to think of killing Zhang Huichang. Shi Meili took advantage of Zhang Huichang's deep sleep and hit his left head and face several times with an iron hammer at home. After seeing Zhang Huichang bleeding in the head, she asked her son Zhang Lei, who lived in the same building, to call "120" for rescue. Later, Shi Meili, along with her relatives and friends, sent Zhang Huichang to the hospital for rescue, but failed and died. After the incident, Shi Meili voluntarily surrendered to the public security organs.

【 Judgment result 】

After trial, the court found that the defendant Shi Meili intentionally killed her husband Zhang Huichang with weapons, which constitutes intentional homicide and should be punished in accordance with the law. Shi Meili intentionally committed murder due to unbearable long-term domestic violence by Zhang Huichang. Prior to the incident, Zhang Huichang insulted and assaulted Shi Meili for a long time for family matters. Zhang Huichang had a major fault in causing this case. After discovering Zhang Huichang's head bleeding, Shi Meili took the initiative to send Zhang to the hospital for rescue. The intentional homicide was minor and could be given a lighter punishment as appropriate; If one voluntarily surrenders after the incident, they may be given a lighter punishment in accordance with the law. According to the Criminal Law and relevant regulations, the defendant Shi Meili was sentenced to four years in prison for intentional homicide.

【Typical significance】

This case is a typical case of a woman who suffered from domestic violence "using violence to control violence", resulting in the death of the perpetrator. According to the opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice on handling cases of domestic violence crimes in accordance with the law, intentional killing of perpetrators who have suffered significant physical and mental damage due to severe domestic violence; Alternatively, if the perpetrator is intentionally killed due to unbearable long-term domestic violence, and the circumstances of the crime are not particularly harsh and the methods are not particularly cruel, it can be considered as intentional homicide as stipulated in Article 232 of the Criminal Law, with a "lighter circumstances". In this case, the people's court comprehensively considered factors such as the victim committing domestic violence before the incident, having significant faults, and the defendant voluntarily surrendering after the incident, actively participating in rescue, subjective malignancy, and relatively low personal danger. The lenient punishment given to the defendant better reflects the criminal policy of combining leniency with severity.

Case 3: Huang Zexue's Rape Case

【Basic Case】

From the winter of 2003 to 2014, the defendant Huang Zexue repeatedly sexually assaulted his stepdaughters Jin Moujia (victim, born in 1990), Jin Mouyi (victim, born in 1992), and Jin Mouc (victim, born in 1995) through financial inducement, assault, and threats. During the residence and study period of Jin Mouyi, Huang Zexue also sent a text message to Jin Mouyi's classmate's phone, threatening that Jin Mouyi must return home and continue having sexual intercourse with him. One day in May 2014, Huang Zexue instructed his biological daughter to lure female classmate Jin (born in October 2001) to stay at his home. He attempted to rape Jin while he was sleeping, but Jin resisted and offered to go home, but failed.

【 Judgment result 】

After trial, the court found that the defendant Huang Zexue used violence, threats, and other means to commit long-term rape of three stepdaughters under the age of 14, and attempted rape of Jin, who was under the age of 14, all constituted the crime of rape and should be punished severely in accordance with the law. The plot of Huang Zexue's crime is particularly severe, and the consequences are particularly serious. In accordance with the relevant provisions of the Criminal Law, the defendant Huang Zexue was sentenced to life imprisonment and deprived of political rights for life for the crime of rape.

【Typical significance】

This case is a typical case of a stepfather raping a young stepdaughter. According to the Criminal Law of our country, those who engage in sexual intercourse with a young girl under the age of 14 are considered as rape and given a heavier punishment. This type of sexual assault that occurs within the family has a high degree of concealment, and the victim is often overlooked for a long time, causing significant physical and mental damage. Moreover, this behavior seriously undermines the basic ethical and moral values of society and families. In view of this, the Opinion on Punishing Sexual Offences Against Minors in accordance with the Law jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice stipulates that those who commit rape against minors who have guardianship responsibilities and have a common family life relationship with minors must be severely punished. The defendant in this case, Huang Zexue, as the stepfather of three young victims, took advantage of the convenience of living with the victims and repeatedly committed adultery against them over a period of more than ten years. This not only seriously infringed on the physical and mental health of the victims, but also seriously violated social ethics. The social harm was great, and the impact was extremely severe, ultimately being severely punished by the law. The occurrence of this case serves as a warning to minors and their guardians or close relatives that they should enhance their awareness and ability to prevent sexual assault. Once a crime is discovered, they should be brave enough to expose and stop the crime, and prevent the lawless elements from taking advantage of it and causing greater harm. At the same time, society and schools should also strengthen awareness education for minors to prevent various violations. According to the provisions of the Anti Domestic Violence Law, schools have the obligation to report to the public security organs if they discover that minors have been harmed by family members.

Case 4: Li Zhengqin's Intentional Injury Case

【Basic Case】

The defendants Li Zhengqin and Shi Moujia registered their marriage in 2010, and each had a daughter before the marriage. In the second half of 2012, Li Zhengqin and his wife brought the victim, Shi Moumou (male, 8 years old at the time of the crime), the son of Li Zhengqin's cousin Zhang Mou, from Anhui Province to Nanjing City, Jiangsu Province for custody. Shi Moumou was then under Li Zhengqin's actual guardianship. In June 2013, Li Zhengqin and his wife went to the Civil Affairs Bureau to handle the procedures for adopting Shi. On the evening of March 31, 2015, Li Zhengqin believed that Shi was lying and used bamboo "scratch rakes" and plastic "jump ropes" to beat Shi at his home, causing more than 150 bruises on his body surface. According to forensic identification, the area of contusion on Shi's trunk, limbs, and other parts is 10% of his body surface area, and the damage he has suffered constitutes a minor injury of level one. After the incident, Shi's biological parents reached a settlement agreement with Li Zhengqin and expressed understanding for Li Zhengqin's behavior.

【 Judgment result 】

The court believes that the defendant Li Zhengqin intentionally injured the victim Shi's body, causing serious consequences of a minor injury to Shi, and his behavior has constituted the crime of intentional injury. After the incident, Li Zhengqin voluntarily appeared at the scene after being notified by the public security organs to truthfully confess his main crimes, which constituted voluntary surrender and could be given a lighter punishment in accordance with the law; With the understanding of the victim Shi and his biological parents, a lighter punishment may be given as appropriate. According to the relevant provisions of the Criminal Law, the defendant Li Zhengqin was sentenced to six months in prison for the crime of intentional injury.

【Typical significance】

This case is a typical case of violating criminal law due to improper methods and means during the process of disciplining minors. Parents or other guardians of minors have the right and obligation to raise and educate minors in accordance with the law, but minors are not the private property of anyone, and their basic rights such as personal dignity, life and health should not be illegally infringed upon. Parents or other guardians shall not discipline minors beyond legal boundaries. As the ultimate guardian of minors, the state has the power and responsibility to supervise and intervene in actions that infringe on their legitimate rights and interests. In this case, although the defendant acted out of concern and education for the victim, he violated the victim's physical and mental health through violent means, causing serious consequences and constituting a crime, which should be punished by national laws. After the occurrence of this case, in order to achieve special and priority protection for underage victims, relevant departments have provided basic housing, living and education guarantees for the victims.