The Supreme Law issued a typical case of using the Internet to infringe on the rights and interests of minors.
Yesterday morning, the Supreme People’s Court released ten typical cases of using the Internet to infringe on minors’ rights and interests, including online car drivers molesting children riding alone and extorting money through naked loans. According to the Supreme Law, because young people’s mental development is immature, their awareness and ability to identify risks and protect themselves are relatively weak, and they are more likely to be victims of cyber crimes, the people’s courts will severely punish such illegal and criminal acts according to law, and at the same time advocate the Internet industry to consciously assume social responsibilities, improve the technical ability to block harmful information, and strictly fulfill the legal obligations of cyber security management.
Some online platforms aggravate the risk of minors being infringed.
Statistics show that in the past five years, courts at all levels in China have tried 18,860 criminal cases that infringe on the legitimate rights and interests of minors, such as abducting and molesting children, organizing children to beg, and inducing young girls to engage in prostitution, and punished 19,248 criminals, severely cracked down on a number of 8,207 cases of spreading obscene articles, represented by fast broadcast, and punished 8,680 criminals, providing a strong judicial guarantee for purifying the network environment.
Jiang Qibo, director of the the Supreme People’s Court Research Office, said that the Internet has made some illegal crimes more hidden, and some illegal crimes in real life have spread rapidly to cyberspace, showing new features. Because of the immature mental development of teenagers, their awareness and ability to identify risks and protect themselves are relatively weak, and they are more likely to become the targets of cyber crimes.
"Some online platforms fail to fulfill the legal obligations and social responsibilities of network security management. A large number of cartoons, short videos, online games and webcasts are full of vulgar, false, abusive, pornographic, violent and abnormal elements, which seriously poisons the social atmosphere and damages the physical and mental health of minors, which increases their risk of being infringed by cyber crimes."
Jiang Qibo said that Internet companies should earnestly shoulder their social responsibilities and legal obligations, set restrictions on browsing levels, and block toxic and harmful information according to law. Online games should be set up through technology to prevent minors from becoming addicted.
At the same time, remind families and schools to educate, guide minors to use the Internet correctly, cultivate and improve their awareness and ability of identifying risks and self-protection, so that the majority of teenagers can use the Internet correctly and moderately, and don’t indulge in the Internet. If you are facing or have suffered illegal infringement, you should inform your parents, teachers or call the police in time and seek legal protection at the first time.
The driver of the network car molested the children who rode alone.
At about 14 o’clock on January 7, 2017, the driver Lin took an order through the online car platform and sent a 9-year-old girl who was riding alone to a certain community from the vicinity of a bus stop. When the car drove to the side door of a middle school, in order to satisfy sexual desire, Lin exposed his lower body after parking and wanted to let the girl sitting in the passenger seat touch him. After being rejected, he forced him to molest him.
The court held through trial that Lin’s act of molesting a child under the age of 14 constituted the crime of molesting a child. Lin molested children and should be severely punished according to law. According to the relevant provisions of the criminal law, Lin was sentenced to two years in prison.
According to the Supreme Law, in recent years, the network car has developed rapidly, but the social problems caused by regulatory loopholes have gradually exposed. In this case, after the victim’s mother made an appointment to take a taxi through the mobile phone platform because of something temporary, the victim was molested by the driver while riding the car alone.
This case warns parents to fully realize that minors’ awareness of self-prevention and self-protection is weak, and when they can’t accompany them in person, they should try their best to choose buses and other standardized means of transportation for minors to ensure safety. The network car platform and management department should strengthen supervision, improve the technical level of in-vehicle safety monitoring, raise the threshold for drivers to enter the market, increase the intensity of identity recognition, and ensure the safety of riding.
Extortion through naked loans
On March 30, 2017, Chen Mou, a 17-year-old student at school, contacted the defendant Shimou for a loan through the QQ communication platform. According to Shimou’s request, Chen Mou provided nude photos and contact information, but Shimou did not lend money to Chen Mou, but threatened Chen Mou with public nude photos to blackmail 1000 yuan, and Chen Mou never paid.
Shimou further threatened Chen Mou’s parents and demanded 3,000 yuan. Chen Mou’s family failed to pay and reported the case to the public security organ. Because of Shimou’s extortion, Chen Mou was afraid that relatives and friends would receive his nude photos, so he dropped out of school and stayed at home, which seriously affected his study life and mental health. After trial, the court sentenced Shimou to 10 months in prison for extortion and fined him 2,000 yuan.
According to the Supreme Law, "naked loan" is an act of illegal elements borrowing internet finance and social tools as a platform and a cover to let lenders take "naked photos" as a "guarantee" and illegally issue high-interest loans. Fraud and extortion due to "naked loans" occur from time to time. "Naked loan" is like a big pit. Once caught, the consequences are unimaginable.
This case warns that minors or students at school should spend rationally. If there is a debt crisis, they should communicate with their parents in time or solve it through legal channels, and they cannot make online loans on their own. Replacing "naked" with "loan" is not only against public order and good customs, but also easy to become a victim of serious crimes. For those who have already "naked loans", if they encounter the act of threatening to disclose their nude photos, they must call the police in time and seek legal protection.
Indecent children by video naked chat.
Defendant Qiao Moumou, in order to meet his bad psychological needs, from March to August 2014, he added a young girl under the age of 14 as his friend by logging into QQ, pretending to be a physiology teacher in the name of video teaching, and tricked many young girls into chatting naked with their videos. After trial, the court sentenced Qiao Moumou to four years in prison for child molestation.
According to the Supreme Law, the naked chat behavior of the defendant Qiao Moumou, which is not in direct contact, is obscene. Minors, especially children, should not use the Internet alone, communicate with strangers on Internet social platforms, and even video chat with strangers. Minors’ mental development is incomplete and their ability to identify and judge is poor. Parents should control minors’ use of electronic products and the Internet, especially paying attention to minors’ use of online social platforms to communicate with strangers. It is necessary to inform minors that they should not take off their clothes in front of others or under videos for any reason. In this case, they should immediately inform their parents and interrupt contact.
Beijing Morning Post reporter Yan Fei