The girl in the flower season was violated by male netizens, and this newspaper's public welfare lawyer was helping!A number of male netizens and hotels involved were held accountable

Author:Pole news Time:2022.07.30

Jimu News reporter Yu Hao

After seeing male netizens under the age of 14, a young girl (pseudonym) was taken by a number of male netizens to the hotel and suffered sexual assault. After the incident, Xiaohua's parents asked Lei Gang, a member of the Chutian Public Welfare Lawyer Group, and a senior lawyer of Hubei Zhonghe Xinxin Law Firm. On July 28, Jimu Journalists were informed that with the help of public welfare lawyer Lei Gang, a number of male netizens who implemented sexual assault were finally sentenced, and the hotels involved were also investigated for civil responsibilities.

Xiaohua's parents presented the banner to the team of Lawyer Lei Gang

The flower season girl was infringed by male netizens

In May 2021, the girl Xiaohua, a girl in the youth. However, unfortunate things happened to this girl, and many minor netizens infringed on Xiaohua at a county hotel.

After Xiaohua's parents learned the news, sadness, pain and despair swept the ordinary family. Xiaohua's mother washed her face with tears all day long, and the cured of depression also recurred again. The daughter's encounters and family constraints made them unknown where to seek relief. Later, Xiaohua's father saw a report on the team of Lawyer Lei Gang in Jimu News, and believed that Lawyer Lei Gang might help them to get out of the haze, so he called Hubei Zhonghe Law Firm, hoping to be with Lawyer Lei Gang. See the previous side.

Xiao Hua's family presented Li Ling and Lawyer Wang Jing

Carefather comes to Han to ask this newspaper public welfare lawyer for help

On September 28, 2021, Xiaohua's father came from other places to Hubei Zhonghe Capital Law Firm from other places. Lawyer team Li Wei, Li Ling, Wang Jing and other lawyers received a warm reception. Xiao Hua's father's tolerated mood, choked and said the original committee. Several lawyers were deeply sympathetic after listening, and decided to find her justice for her.

Li Ling (right), Wang Jing (left) lawyers went to the court to open the court

Lawyer Lei Gang considers the case involving the privacy of minor girls, so he arranged for the team Li Ling and Wang Jing to hosted, and other lawyers assisted. After accepting the commission, members of the Public Welfare Lawyer Group immediately carried out work. On the one hand, a collective seminar was held to formulate a detailed rights protection plan for the case; on the other hand, Li Ling and Wang Jing's lawyer went to Xiaohua's house for condolences. Facing the arrival of the lawyer team, Xiaohua's parents were deeply moved. In this situation, Li Ling and Wang Jing's confidence and determination to use legal weapons to use legal weapons as Xiaohua.

At the time of intervention, Li Ling and Wang Jing had reached the review and prosecution stage. After understanding the entire case, Lawyer Li Ling had fully communicated with the prosecutor of the case organized by the case. Prosecutor Fang was deeply sympathetic to Xiaohua's experience. When he talked about the sadness, he burst into tears. A total of five minor defendants involved in this case, most of them belong to the left -behind teenagers. They often do not go home at night and lack family and school supervision. Both lawyers and prosecutors of Li Ling believe that they should focus on education for minors. In the end, with the joint efforts of Li Ling, Wang Jing, and the prosecutor of the Fang, some of the defendants' family members actively compensated and apologized to obtain the understanding of Xiaohua and his parents. One of the teenagers also won the result of not prosecution. But some family members treat it indifferently.

Lawyer Lei Gang's law lecture on campus

Public interest lawyers urged parents to strengthen their family monitoring of the young people involved in the case

During the trial stage, for individual defendants and guardians who were not actively compensated, Li Ling and Wang Jing submitted a criminal attachment to the court with a civil prosecution to request compensation for small flower material losses and mental losses.

"As the legal guardian of the defendant, he should have educated and guided minors to abide by the law and prevent and stop the bad behavior and criminal behavior of minors. Responsibilities. "During the trial of the court, Li Ling and Lawyer Wang Jing generously pointed out that the occurrence of the case had an unprepared responsibility for the parents of the guardian; Essence Combined with the "Family Education Promotion Law", which was implemented from January 1, 2022, the two lawyers suggested that the court took the opportunity to take the opportunity to urge parents to strengthen the family guardianship of the young people involved.

After the trial, Li Ling, Wang Jing, Long Weize, Zhao Zhi and other lawyers of Lawyer Lei Gang also found that because of the low level of economic development in the country, parents went out to work more. Disclosure from family supervision, these children do not go home at night, free from the current status of business places such as bars, KTV, and hotels. The operators of these public places generally lack awareness of protection of minors and have not carried out effective "filtering". It is worrying that the growth environment of the minor is overall.

Hotel operators allow minors to "open a house" to the court to court

Article 57 of the "Protection Law of the People's Republic of China" stipulates that "hotels, hotels, hotels and other accommodation operators receive minors to check in, or they should ask their parents or other when receiving minors and adults. The career's contact information and the identity relationship of the occupants; if there is suspicion of illegal crimes, it shall immediately report to the public security organs and contact the parents of the minor or other guardians in time. " If people fail to fulfill the obligations such as inquiries, registration, and reports in accordance with the law, they will cause Xiaohua to encounter the violations of minors in the hotel. After studying the Leigang Public Welfare Lawyer team, it was believed that the hotel operators violated the security guarantee obligations stipulated in Article 1,98 of the Civil Code, that is, "hotels, shopping malls, banks, stations, airports, stadiums, entertainment, entertainment The operators, managers or organizers of public places such as places such as places and public places do not fulfill their obligations of security and cause damage to others. The third person shall bear the liability for infringement; if the operator, manager, or organizer fails to fulfill the obligations of security and assumes corresponding supplementary responsibilities. After the operator, manager or organizer assume supplementary responsibilities, they can recover from the third party. " After obtaining the consent of Xiaohua's parents, Li Ling and Wang Jing, on February 18, 2022, the agent Xiaohua brought the operators of the three hotels involved to the court and filed a complaint about the defense damage compensation in accordance with the law.

Lawyer team held a collective seminar on the responsibility of the hotel operator

On March 2, 2022, Li Ling and Lawyer Long Weize went to the local police station with an investigation order to retrieve documents and related case materials for administrative penalties for the hotel at that time. Relevant leaders of the local police station attach great importance to this and actively assist lawyers to investigate and obtain evidence.

On March 4, 2022, the operators of the three hotels appeared in court. "As a hotel operator, during the student attending school, the minor who came to hand in handling should have a high degree of attention obligations, contact the guardian of the minor in a timely manner, and discovered that the minors reported that the public security organs were reported in a timely manner when they were violated by illegal acts. . However, in order to obtain illegal interests, the hotel operators involved in the event, setting up the personal safety of the minor girl Xiaohua, regardless of their personal safety. Responsibility! "Li Ling and Wang Jing strongly condemned the operators' practice of" opening a house "for the pursuit of economic interests to pursue economic interests. Expert.

Li Ling (left), Wang Jing (right) lawyers expressed their opinions on the responsibility of the hotel operator

The last two lawyers called on the court to issue judicial suggestions to the relevant administrative law enforcement agencies, urging the administrative agencies to strengthen supervision, including the Women's Federation to strengthen the protection of minor children, the education department to strengthen the school's supervision, market supervision and management department of minor students, market supervision and management departments With the public security department, we will strengthen the management of specialty industry operators, severely punish various types of illegal and criminal acts that infringe on minors, strengthen the protection of children and children, and effectively protect the legitimate rights and interests of minors.

The case was reasonable by Judge Liu, and the operators of the three hotels finally realized that they would have problems in the operation process, and said that they would definitely be operated in the future and were willing to pay 20,000 yuan in compensation to Xiaohua. On March 22, 2022, Xiaohua's parents agreed to withdraw the prosecution. At this point, the request of the case was basically realized.

This case has been compensated for understanding, criminal attached civil lawsuits, and compensation lawsuits such as civil infringement damage. On July 8, 2022, Xiaohua's parents sent Jinqi to the team of Lawyer Lei Gang, expressing gratitude.

The social common problems reflected in this case have aroused the high attention of the team of Lawyer Lei Gang. They have been actively practicing the team values ​​of "promoting social progress with the case". The measures and rectification work of the growth environment may grow healthy in the sun.

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