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办理未成年人法律援助案件Legal Aid Services for Children- Case Studies

2012-06-05   来源:致诚公益律师   晁灵
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  “青少年中心”一直致力于推动律师办理未成年人援助案件,为权益受到侵害、没有能力聘请律师的未成年人提供法律援助。至2009年6月底,中心办理了260多件未成年人法律援助案件,包括童工、女童遭受性侵害、未成年人刑事辩护、抚养费、未成年人监护以及严重人身伤害等各类典型案件。

  The Children’s Center provides dedicated legal aid services to underprivileged children – those whose rights have been infringed and do not have the means to find legal representation. As of June 2009, the Children’s Center has successfully settled more than 260 cases involving minors, including cases involving child laborers, sexually assaulted victims, criminal litigation, child support payments, child guardianship, serious personal injuries and many others.

  十周年十大案件

  Ten Years, Ten Cases.

  1、 烟草诉讼——律师公益诉讼,官方主动发文

  2001年,中心在全国范围内发起诉讼,状告国家烟草专卖局和国内24家大烟草公司在烟草宣传问题上隐瞒有害信息,案件引起海内外媒体的广泛关注。

  这次诉讼最终推动国家烟草专卖局主动发文要求烟草专卖部门在自己网站上加上相关吸烟有害信息,在零售专柜前摆上“禁止向未成年人出售烟草”标志。  

 

  1、Litigation against Tobacco Companies; Government issued Official Regulation

  In 2001, the Children’s Center launched

  a nationwide litigation against the State Tobacco Monopoly Bureau and the 24 largest domestic tobacco companies. It was submitted that these companies concealed the truth about the negative effects of tobacco in their advertisements and promotions. The case attracted wide media attention home and abroad.

  The litigation process resulted in the State Tobacco Monopoly Bureau issuing an official document requiring tobacco companies to publish smoking hazard notices on their websites, and displaying the sign “Prohibition of Sale of Tobacco to Minors" at their sales counters.


 

  2、 高攀案——未成年人获死刑,上书建议最高院收回死刑核准权 

  河北男孩高攀因涉嫌抢劫罪一审被判处死刑,高攀不服提出上诉,称其作案时不满18周岁。后河北省高院维持一审判决,并于2004年3月8日对高攀执行死刑。

  援助律师进行了大量调查取证,最后认为,高攀作案时年龄不满18周岁。针对此案暴露出的死刑复核问题,佟丽华律师专门上书全国人大,建议最高院收回流于形式的死刑复核权。该案对最高院收回死刑核准权发挥了积极作用,同时由于该案的广泛关注,另一案件董亚洲被改判死缓。

  2、GaoPan Case- Child Death Penalty Case; Petition to the Supreme Court on Death Penalty Reform

  GaoPan, from Hebei Province, was convicted of robbery and sentenced to death at the Provincial Court. In his appeal, he stated that he was under 18 when he committed the crime. However, Hebei Province Supreme People's Court maintained the decision, and GaoPan was executed on 8 March 2004.

  Our lawyers collected a large amount of evidence proving that GaoPan was under 18 when he committed the crime. The Children’s Center Director Tong Lihua submitted a written statement to the National People’s Congress, petitioning the Supreme Court to recall the death penalty review power from provincial and county level courts. At the same time, the widespread attention in this case had positive influence on another similar case where another juvenile offender, Dong Yazhou was given a commuted death sentence, subject to review in two years.


 

   3、 李景贞案——最高法指定再审,三年申诉终赔偿 

  17岁的山东姑娘李景贞在北京打工时,由于疲劳作业右臂被卷入机器,不幸失去右臂。李景贞起诉后,法院判决黑作坊老板承担全部赔偿责任,房屋出租方某电务公司不承担责任。经过中心三年不懈的申诉,2009年北京市高级人民法院再审此案,电务公司一次性赔偿李景贞20万元。

  中心联系媒体对此案进行关注,一些热心读者纷纷捐款,李景贞安装了假肢,回到山东老家重新上学。

  3、Li Jingzhen Case- Retrial ordered by the Supreme People's Court; Victim recovered Compensation after a Three-Year Litigation Process

  Li Jingzhen, a 17 year old girl from Shandong province, was injured at work due to fatigue caused by overworking and lost her right arm. The Court held that the employer was to assume full liability for such injuries, but the power companyas landlord was relieved of all third party responsibilities. The employer, however, was unable to fulfill his financial obligations. With the help of the Children’s Center, Beijing Municipal Higher People's Court held a retrial of the case, and allotted financial responsibilities to the power company; Li Jingzhen received a total compensation of RMB 200,000 from the company. In addition, because of the widespread media attention, Li received a large number of donations, was fitted with a prosthetic arm and returned to school in her hometown.


 

  4、 吕萍案——危在旦夕得手术,艰难诉讼获赔偿

  16岁的男孩吕萍在北京一家私人苗圃打工,被11万伏高压电击中,全身80%重度烧伤,因雇主拒付手术费,生命危在旦夕。中心主任佟丽华律师、副主任张雪梅律师紧急前往医院,说服医院及时免费手术,挽救了一个年轻的生命。

  经过援助律师大量调查取证,通过一审、二审艰难诉讼,中心最终帮助吕萍索回医疗费和伤残补偿费用等50万余元。

  4、Lu Ping Case- Life-Saving Surgery; Compensation recovered after a Complicated Lawsuit

  Lu Ping, a 16-year old boy, was working in a private nursery when he was electrocuted and suffered burns on 80% of his body. His employer refused to bear the costs of the surgery, putting his life in immediate danger. Tong Lihua and Zhang Xuemei, Director and Deputy Director of the Children’s Center respectively, rushed to the hospital upon learning about the case, and successfully persuaded the hospital to operate on the boy, free of charge, saving his life.

  With our lawyers’ hard work and two difficult trials, Lu Ping eventually claimed more than RMB 500,000 compensation.

 

  5、 李先超案——快速调解获赔偿,媒体座谈起反响

  15岁的男孩李先超因家庭贫困辍学,在北京一家洗涤公司打工,因疲劳作业左臂被机器绞断,用人单位只愿赔偿10万元私了。援助律师顶风冒寒花了近四小时车程前往调解,用人单位同意一次性赔偿李先超20.5万元,并于签订协议第二天支付。

  在此案基础上,中心结合办理的其他童工伤残案件,举行媒体座谈会,引起强烈反响。

  5、Li Xianchao Case- Timely Compensation recovered through Mediation; Widely received by the Media

  Li Xianchao, a 15 year old boy, forced to leave school due to financial difficulties at home, was working in a laundromat in Beijing when his arm was caught in the machine and injured. The company compensated him a mere RMB 100,000. Driving four hours in the snow, our lawyers traveled to the workplace to negotiate directly with the employer. Through mediation, the employer agreed and promptly delivered a compensation RMB250,000 to Li the next day.

  The Children’s Center subsequently held a press conference on this and other related child labour injury cases, raising awareness of the issue.

 

  6、 小龙寻求国家监护案——十岁儿童落流浪,民政部门来监护

  北京10岁男孩小龙(化名)因父亲去世,母亲重度残疾,缺乏监护人,只好一直待在北京市流浪儿童救助中心。援助律师经过多次艰难协调,最终民政部门同意接收小龙,由儿童福利院抚养。

  案件办理时,正值《北京市未成年人保护条例》修订,该案直接推动了条例第15条的修订,该条规定在实在无人监护时由政府民政部门承担责任。

  6、Xiao Long Case- State Guardianship; Civil Affairs Depertments assumed Full Responsibility

  Xiao Long, a 10-year-old boy in Beijing, fatherless with a severely disabled mother, was put in the Beijing Center for Street Children, a state-run temporary shelter for street children. After lengthy negotiations, the local civil affairs departments eventually agreed to act as Xiao Long’s guardian, and admitted him to the children’s home where he could stay permanently, receive education and other social welfare benefits.

  The case also played an important role in the legislative process. Article 15 of Beijing Regulations on the Protection of Minors now states that the Government or Ministry of Civil Affairs must assume responsibility of all homeless children.

 

  7、 小官继承案――驰援追讨巨额遗产 建议完善继承制度

  2002年1月,四川富商官某因病去世。儿子小官时年7岁,是官某与第三任妻子邱某所生。2002年8月,邱某以小官的名义向成都市中级人民法院提起诉讼要求继承。援助律师三次赴川调查取证,经过不懈努力,法院一审判决小官继承遗产80万元左右。

  针对本案暴露的遗产继承问题,援助律师撰写专门论文,对完善未成年人继承权保护制度提出建议,通过个案办理推动相关制度完善。

  7、Xiaoguan Inheritance Case- Recovery of Large Inheritance; Recommendations made to Improvements to the Inheritance System

  Businessmen Mr. Guan passed away in January 2002. 7 year old Xiaoguan, is his son from Mr. Guan’s third marriage to Ms. Qiu. Ms. Qiu filed a lawsuit to the Chengdu Intermediate People's Court on behalf of her son Xiaoguan, demanding for Xiaoguan’s entitlement to his inheritance. Our lawyer went to Sichuan for three times, collected a lot of evidence and secured a large inheritance of around RMB800,000.

  After the case was settled, we wrote a research thesis making recommendations on improvements to the inheritance system to protect the child rights.

 

  8、 小皓户口案——非婚生子没户口,律师援助有身份

  17岁小皓是非婚生子,从小被父母遗弃,被一位好心奶奶抚养长大。由于小皓的生母拒绝给小皓上户口,最终导致小皓辍学。

  援助律师走遍派出所、居委会、街道办事处、计生办、管片民警,奔走于北京的大街小巷,通过三年不懈努力,最终帮助小皓向生母追索抚养费31万余元,并成功拥有了户口和身份证。

  8、 Xiaohao Household Registration (hukou) Case- Gaining Identity through Legal Aid

  Xiaohao was born out of wedlock, abandoned by his parents at a young age, and brought up by a kindly grandmother. His mother refused to register his household account, and Xiaohao was therefore forced to leave school.

  We negotiated with various departments, including the police, neighborhood housing committees, sub-district offices and family planning offices. Three years of hard work finally paid off when Xiaohao managed to register his hukou, obtained his identification card, and received RMB310,000 as maintenance fees from his mother.

 

  9、 教师语言暴力案——学生遭语言暴力 律师调解获赔偿

  2002年,10岁的陈某遭受到班主任语言暴力,导致心理障碍,需要长期治疗。之后三年的医疗费都由学校支付,但是2005年后的费用学校拒绝赔偿。在援助律师的努力调解下,学校一次性赔偿陈某10万元。

  在此基础上,中心针对教师语言暴力现象开展专题调研,并在《未成年人保护法》修订期间,发表《教师语言暴力调研报告》,提出立法建议。

  9、Verbal Abuse by Teacher - Student Successfully claimed Compensation.

  Xiaochen suffered from serious psychological damage caused by long term verbal abuse by his head teacher from the age of 10. His school initially agreed to pay the costs of long-term medical treatment but stopped payments after three years. Through our efforts, the school eventually compensated Xiaochen for RMB100,000.

  Based on this case, we conducted extensive research on verbal abuse by teachers and the psychological effects on children, and made recommendations on amendments to the existing legislation accordingly.

 

  10、田某寻衅滋事案——心理辅导进法庭,犯罪前科被封存

  17岁的田某酒后乘坐出租车,无故伤害司机和路人并造成轻微伤,以涉嫌寻衅滋事罪被公诉。援助律师针对田某的成长经历、犯罪原因等进行辩护,提出多项法律建议。

  法院采纳了律师的建议,田某被判处拘役4个月,同时法院还请来专家给田某进行心理辅导,并宣布会对田某的判决进行前科封存。

  10、Xiao Tian Case - Psychological Counseling Made Available and Criminal Record Sealed

  Xiaotian was 17 when he assaulted a taxi driver and a passerby whilst under the influence of alcohol, and was subsequently charged. Our lawyers mitigated on his behalf, submitting that he committed the act due to his damaged and complicated past. We also recommended Xiaotian to receive psychological counseling and the sealing of his criminal record. The court accept both recommendations.

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