There is a kind of immunity called "under the age of 14"

Compiled from: The Paper, CCTV News
 
At 9:30 a.m. on May 9, 2020, the civil lawsuit of the "Dalian 13-year-old boy kills 10-year-old girl case" was heard at the Dalian Shahekou District People's Court, concluding around 11 a.m. Due to the involvement of a minor's privacy, the case was not heard publicly, and the court announced a delayed verdict.
 
At 2:30 p.m. on August 10, 2020, the verdict was announced in Courtroom 207 of the Dalian Shahekou District People's Court.

 
 

Case review
一、 [1] Body found in bushes with seven stab wounds
[2] At 3:20 p.m. on October 20, the family couldn't find Wang, who had gone to art class, and began to feel uneasy. "My brother-in-law usually picks up and drops off the child, but when the time came in the afternoon, he was nowhere to be seen. He called the art teacher, who said the other children had already gone home."
 
[3] Wang's uncle said there had been instances before where the child wasn't picked up and walked home on her own, but this time it was suspicious. The family was frantic and called the police, requesting surveillance footage along the child's route home. They indeed spotted the child, but she disappeared near the home of the perpetrator, Cai. "My brother-in-law and others searched around Cai's house and finally found my niece's body in a patch of bushes. She was in a plastic bag, with seven stab wounds and a bruise on her left eye from a beating..."
 
[4] Wang's uncle said the Criminal Investigation Brigade of the Shahekou Branch of the Dalian City Court examined the scene and, based on surveillance footage and other clues, ultimately identified Cai. Wang's uncle stated, "We heard from the police that blood was found on the steps of their home, and the primary crime scene where my niece was killed was in their house." "The murderer is under 14 years old and is in the second year of junior high at a local school." Based on the police's analysis of the case, Wang's uncle explained that at 3:20 p.m. on October 20, Wang met Cai on the street while returning home from art class. Cai lured her to his home with ill intent, then dragged her to the bushes opposite his residence to hide her.

 
 

[5] 2. The crime scene was in Cai's home, yet the parents did not notice their son's abnormal behavior
[6] On October 24, 2019, Wang's father said in an interview that the forensic doctor from the Criminal Investigation Brigade had examined the body and stated that his daughter had seven stab wounds and obvious strangulation marks on her neck, and she died from excessive blood loss. Wang's family was puzzled: since the crime scene was in Cai's home, why didn't the parents notice their son's abnormal behavior? Wang's wife, Ms. He, said angrily, "I can't accept my daughter's tragic death! And I can't understand how this child's parents raised him! That day was Sunday, and both parents were at home. How did their son commit the crime and dispose of the body? How did he manage to assault her for hours? There were bloodstains all along the path where he dumped the body—how could his parents not have reacted?"
 
What makes it hard for the family to accept is that, since the incident occurred, the other party's parents have never shown up, let alone apologized. They only had the police relay that they were willing to sell their house to compensate, but Mr. Wang flatly refused. "That's impossible. We don't want money; we want him sentenced to death," said Wang's uncle.
 
3. The victim girl requested an apology and over one million yuan in compensation from the other party, but the defendant did not appear in court.
On the morning of January 3, 2020, the victim girl's parents, along with their attorney Tian Canjun, went to the Shahekou District People's Court to file a civil lawsuit, formally initiating civil proceedings against Cai and his parents, demanding an apology and over one million yuan in compensation.
 
The demands of the victim girl's parents include:
First, requiring Cai and his parents to apologize for Wang's death;
Second, seeking various economic compensations, including funeral expenses, death compensation, and mental distress damages.
Third, they demanded compensation for the transportation and lost wages incurred by the family in handling Wang’s funeral arrangements.
 
Attorney Tian Canjun stated that some of these compensation claims were calculated according to relevant regulations and standards, while others were estimated, totaling one hundred yuan.
 
Because the case involved personal privacy, the court decided to hold the trial in private. The defendant Cai did not appear in court, nor did Cai’s parents, and the opposing party did not appoint a representative. The court conducted a trial in absentia and announced that the verdict would be delivered at a later date.
 
On August 10, 2020, the Dalian Shahekou District People’s Court ruled that Cai and Zhuang must publicly apologize to the plaintiff, the victim girl’s mother and family, in a Liaoning provincial print media within ten days of the judgment taking effect (the apology content must be reviewed by the court). Additionally, for the civil compensation portion, Cai and Zhuang were ordered to pay the plaintiff a total of 1,286,024 yuan within ten days of the judgment taking effect.
 
 
How is the civil liability portion determined?
The Tort Liability Law of the People’s Republic of China
Article 32  [1] Guardian liability
[2] If a person without or with limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. If the guardian has fulfilled their guardianship duties, their tort liability may be reduced. If a person without or with limited capacity for civil conduct who has property causes harm to others, the compensation expenses shall be paid from their own property. Any shortfall shall be compensated by the guardian.
 
[3] In this case, the fact that the defendant Cai Moumou committed intentional homicide causing the death of the victim Wang Mou has been confirmed and handled by the public security authorities. The tort of Cai Moumou infringing on Wang Mou’s right to life is established. The two plaintiffs, as Wang Mou’s parents, have the right to demand the obligor assume tort liability. Guardian liability is a type of vicarious liability, where the subject of liability is separate from the subject of the act. The provision in the second paragraph of this article, stating that "if a person without or with limited capacity for civil conduct who has property causes harm to others, the compensation expenses shall be paid from their own property, and any shortfall shall be compensated by the guardian," is not a provision on the subject of liability but rather a provision on the method of paying compensation expenses based on the principle of fairness. In this case, the defendant Cai Moumou was under 14 years old at the time of the tortious act, making them a person with limited capacity for civil conduct. The consequences of the harm caused should be borne by their guardian.
 
[4] Furthermore, the parents of the defendant Cai Moumou are the legal guardians of Cai Moumou. They should diligently educate Cai Moumou, pay attention to their physical and mental health and behavioral habits, and cultivate a healthy personality, law-abiding awareness, and good conduct. However, Cai Moumou’s parents lacked attention to Cai Moumou’s personality development and behavior, neglected guidance and education, leading to disregard for the law and life and the intentional commission of homicide. Cai Moumou’s parents failed to fulfill their guardianship duties and should bear tort liability for the harm caused by Cai Moumou’s tortious act.
 
 
[5] How is the criminal liability part determined?
"Criminal Law of the People's Republic of China"
Article 17 Age of Criminal Responsibility
A person who has reached the age of sixteen and commits a crime shall bear criminal responsibility. A person who has reached the age of fourteen but not the age of sixteen and commits the crimes of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or placing dangerous substances shall bear criminal responsibility. A person who has reached the age of fourteen but not the age of eighteen and commits a crime shall be given a lighter or mitigated punishment. If a person under the age of sixteen is not subject to criminal punishment, his or her parents or guardians shall be ordered to discipline him or her; when necessary, the person may also be taken in for rehabilitation by the government.
 
[6] In this case, Cai Moumou was only 13 years old. Since Cai Moumou had not reached the statutory age for criminal responsibility, the police lawfully refrained from pursuing criminal liability and only imposed three years of correctional custody.

 
 

[1] The author's perspective
Some children are the flowers of the motherland, while others are demonic beasts. From the post-crime chat records of the perpetrator Cai in this case, we see him still blaming himself for "not being more careful with his hands," as if killing a little girl was just a careless act. In this demon's heart, there is no reverence for life; he even treats life as worthless. Yet he won, winning because he possessed the "get-out-of-jail-free card" of being under 14.
 
Remember a matricide case in Hunan, where the perpetrator was a 12-year-old boy. He said, "I didn't kill anyone else, I killed my mom. When can I go to school?" Faced with such a serious crime, the perpetrator showed no emotional turmoil. Such a person, when stepping into society, will be a ticking time bomb.
 
Under the current legal framework, the parents of the young girl are truly powerless. They cannot pursue criminal responsibility for this demon. This murderous demon has been "pardoned" due to his age, but the evil he committed will never be pardoned.