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


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


  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.


  Ten Years, Ten Cases.

  1、 烟草诉讼——律师公益诉讼,官方主动发文




  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 



  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 



  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



  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



  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



  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



  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



  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



  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、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.


肖利娜 administrator