On the occasion of International Children's Day on June 1st, the Supreme People's Court issued the 40th batch of guiding cases (Guiding Case No. 225-229). This is the first time that the Supreme People's Court has issued a special guiding case on the judicial protection of minors. This batch of guiding cases consists of five cases, which respond with a clear judicial attitude to issues of high social concern such as student bullying, abuse of underage family members, illegal sale of alcohol to underage students, custody rights within marriage, and intergenerational visits, and unify the judgment criteria for similar cases. The case includes two criminal cases and three civil cases. The Case of Jiang's Legitimate Defense (Guiding Case No. 225) is a legitimate defense case triggered by student bullying. In response to the physical and mental characteristics of minors, this case requires adhering to the principle of subjective and objective unity, and accurately distinguishing between defensive behavior and mutual fighting by comprehensively considering the cause of the incident, whether it is the main fault party, and whether it involves others in fighting. The intentional injury and abuse case of Chen and Liu (Guiding Case No. 226) is a case of abusing underage family members. This case has moderately expanded the scope of "family members" in the crime of abuse based on practical development, stipulated the rules for determining the number of crimes of abuse and intentional injury, clarified the standards for determining cases of intentional injury to minors that cause serious injury and "serious disability" through particularly cruel means, and effectively implemented the requirements for special and priority protection of minors in specific cases. The case of Hu and Wang suing De Restaurant, Jiang and others over the right to life dispute (Guiding Case No. 227) is a case of illegally selling alcohol to minors for their consumption. This case comprehensively considers the fault of minors who drink alcohol, as well as their guardians, operators, and other entities, and determines that the operator who illegally sells alcohol to minors and provides them for drinking shall bear equal compensation liability for the consequences of the damage, which is conducive to promoting the implementation of the legal responsibility of prohibiting the sale of alcohol to minors. The case of guardianship dispute between Zhang and Li (Guiding Case No. 228) is the first guiding case of marital guardianship. This case temporarily determines the custody of underage children by referring to the relevant provisions of the Civil Code on the custody of children after divorce, and clarifies that the party who temporarily directly raises underage children has the obligation to assist the other party in fulfilling their guardianship duties, which meets the requirements of the principle that is most beneficial to minors. The case of Sha v. Yuan's visitation right dispute (Guiding Case No. 229) is the first intergenerational visitation guiding case. This case clearly supports intergenerational visits in accordance with the law, without affecting the normal life and physical and mental health of minors, in order to maintain the interests of minors and promote family harmony. Children are the future of our country and the hope of the Chinese nation. The matter of children is a big deal. Next, the Supreme People's Court and local people's courts at all levels will continue to strengthen the trial, supervision and guidance of juvenile cases, pay more attention to the selection and release of guiding and reference cases related to juvenile judicial protection, actively promote the integration of family, school, society, network, government, and judicial protection, and create a good legal and social environment for the healthy growth of minors. (Lai Xin She)
Edit：Jia jia Responsible editor：Liling
Source：http://rmfyb.chinacourt.org
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