May the law, in the name of justice, bring them solace
[2] Compiled from: Red Star News, The Paper
[3] Case Review
On October 20, 2019, a 13-year-old boy surnamed Cai in Dalian, Liaoning Province, killed a 10-year-old girl surnamed Wang from the same residential community and dumped her body in bushes. Because Cai had not reached the statutory age for criminal responsibility, the police did not pursue criminal liability in accordance with the law and instead placed him in three years of custodial rehabilitation. Subsequently, the family of the murdered girl filed a civil lawsuit against Cai and his parents.
On August 10, 2020, the Shahekou District People's Court of Dalian issued a civil judgment in this case. Cai's parents and their lawyer again failed to appear in court. According to the first-instance judgment, the defendants Cai Mouwei (Cai's father) and Zhuang Moujie (Cai's mother), as Cai's legal guardians, lacked attention to Cai's character development and behavioral performance, and neglected guidance and education, resulting in his disregard for the law and indifference to life. In accordance with the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases and the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Compensation for Mental Damage in Civil Tort Cases, the tortious act of the defendant Cai caused the serious consequence of Wang's death, and this case differs in nature from ordinary civil tort cases causing death. Cai committed intentional homicide by cruel means, and Cai Mouwei and Zhuang Moujie should bear compensation liability to the plaintiffs.
The court's judgment includes:
1. Defendants Cai Mouwei and Zhuang Moujie shall publicly apologize to plaintiffs Wang Mouzhang (father of victim Wang) and He Mouzhen (mother of victim Wang) in a Liaoning provincial-level print media within ten days from the effective date of this judgment (the content of the apology must be reviewed by the court);
2. Defendants Cai Mouwei and Zhuang Moujie shall, within ten days from the date this judgment takes effect, compensate Plaintiffs Wang Mouzhang and He Mouzhen for funeral expenses of 46,134 yuan, death compensation of 816,500 yuan, transportation expenses for handling funeral affairs of 1,000 yuan, lost wages of 22,390 yuan, and compensation for mental distress of 400,000 yuan, totaling 1,286,024 yuan.
However, two months passed, and after the court judgment regarding the civil compensation portion of the case became effective, Cai's parents did not voluntarily fulfill their obligations. Wang's parents neither received a single cent from the Cai family nor heard a sincere apology from them. Moreover, after Wang's parents applied to the court for compulsory enforcement, Cai's parents continued to refuse to cooperate with the court's enforcement. Currently, Cai's parents have been subjected to judicial detention measures by the Shahekou District People's Court for a period of 15 days.
What is judicial detention?
1. Article 111 of the Civil Procedure Law of the People's Republic of China
Any litigation participant or other person who commits any of the following acts may be fined or detained by the people's court depending on the severity of the circumstances; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law:
(1) Forging or destroying important evidence, thereby obstructing the people's court from hearing a case;
(2) Using violence, threats, or bribery to prevent a witness from testifying, or instructing, bribing, or coercing another person to give false testimony;
(3) Concealing, transferring, selling, damaging, or destroying property that has been sealed up or seized, or property that has been inventoried and placed under the custody of a person, or transferring property that has been frozen;
(4) Insulting, slandering, falsely accusing, assaulting, or retaliating against judicial personnel, litigation participants, witnesses, interpreters, expert evaluators, inspectors, or persons assisting in enforcement;
(5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties.
(6) Refusing to execute a legally effective judgment or ruling of the People's Court.
2. Article 188 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
The acts of refusing to execute a legally effective judgment or ruling of the People's Court as specified in Article 111, Paragraph 1, Item 6 of the Civil Procedure Law include:
(1) Concealing, transferring, selling off, or destroying property, or gratuitously transferring property, trading property at a clearly unreasonable price, waiving due debts, or gratuitously providing guarantees for others after the legal document becomes effective, thereby rendering the People's Court unable to enforce the judgment;
(2) Concealing, transferring, or destroying property that has been provided as a guarantee to the People's Court, or disposing of such property without the People's Court's permission;
(3) Engaging in consumption in violation of the People's Court's order restricting high consumption.
(4) Those who have the ability to perform but refuse to fulfill the obligations specified in an effective legal document in accordance with a people's court's enforcement notice;
(5) Individuals obligated to assist in enforcement who, after receiving a notice of assistance in enforcement from a people's court, refuse to provide such assistance.
[1] The author's perspective
In this case, Cai Moumou committed such heinous acts, and as his guardians, Cai Moumou's parents bear responsibility, which is also the basis for the court's judgment ordering them to bear civil compensation liability. However, during the civil litigation process, from the court session to the judgment, Cai Moumou's parents never appeared in court, and after the judgment took effect, they still refused to comply.
The law will not tolerate behavior like that of Cai's parents. On September 7 of this year, Wang's parents applied to the court for compulsory enforcement. According to legal provisions, refusing to fulfill a legally effective judgment or ruling of a people's court constitutes obstruction of justice and is subject to penalties such as fines and detention. Cai's parents were detained for 15 days, which they brought upon themselves. If further investigation reveals acts such as concealing or transferring assets, they could even face criminal prosecution for the crime of refusing to execute a court judgment or ruling.
At the same time, the law grants courts multiple enforcement measures, and auctioning real estate is only one of them. Unless the person subject to enforcement truly has no property available for enforcement, the 128 yuan in compensation and consolation money must be fully enforced. The fact that Cai's parents have now been subject to judicial detention and their house faces auction also confirms that responsibilities that must be borne cannot be evaded.
As for the other part of the judgment—"to publicly apologize in a provincial-level print media outlet in Liaoning Province"—if Cai’s parents still choose to refuse to comply, the usual alternative in judicial practice is to publish the key points of the judgment in the media at the expense of the person subject to enforcement. However, the author believes that this would not achieve the purpose of comforting the victim. Instead, it might be more advisable for Wang’s parents to issue a statement of condemnation in the media regarding Cai’s parents’ refusal to apologize, with the costs borne by Cai’s parents.
[1] The court's verdict is a manifestation of justice from the state, the law, and even moral principles, and also a measure of compensation for the victim and her family. The victimized girl has been gone for nearly a year. The author hopes that the verdict can be executed as soon as possible to heal the pain of the living and comfort the soul of the deceased.
