英语新闻丨Top court backs bullied boy's right to self-defense
China Daily Podcast - Podcast autorstwa China Daily
China's Supreme People's Court has highlighted its strong stance on protecting children, including a landmark ruling recognizing a bullied student's knife attack as justifiable defense.中国最高人民法院强调了保护儿童的坚定立场,其中包括一项具有里程碑意义的裁决,认定受欺凌学生持刀反击属于正当防卫。The court released details on Thursday of five influential cases involving minors, including an incident in Hunan province in May 2019 in which a 14-year-old student surnamed Jiang injured three classmates with a knife.5月30日,最高人民法院发布了五起有影响力的未成年人案件的细节,其中包括2019年5月在湖南省发生的一起案件,一名14岁的江姓学生用刀伤害了三名同学。After an investigation, a court in Jishou, Hunan, found that 15 students had bullied Jiang by beating him, and he carried the knife to the washroom because he had been attacked earlier that day.经调查,湖南吉首的一家法院发现,15名学生殴打了江姓学生,他在此之前就受到了攻击才携带刀具前往洗手间。On July 6, 2020, the Jishou court identified Jiang's behavior as justifiable defense in line with the law, announcing that he should not be held criminally liable for the injuries.2020年7月6日,湖南省吉首市人民法院依法认定江姓学生的行为属于正当防卫,宣布其不应对伤害承担刑事责任。The Supreme People's Court, agreeing with the lower court's judgment, said: "The injuries occurred when Jiang suffered school bullying at the hands of 15 people. In that urgent circumstance, it could be understood that he used a knife to defend himself.最高人民法院同意下级法院的判决,称:“这些伤害是在江姓学生遭受15人校园欺凌时发生的。在那种紧急情况下,可以理解他用刀自卫。”"His counterattack was against the bullying, instead of those classmates, and his means were also moderate and didn't cause serious harm to the others.“他的反击是针对欺凌行为,而不是那些同学,他的手段也是温和的,没有对其他人造成严重伤害。”"The case responded to a hot issue — school bullying — that severely harms students' physical and mental health. It has also shown the judicial effort in the protection of children being bullied, so as to provide a sound study environment for minors."“该案件回应了一个严重危害学生身心健康的热点问题——校园欺凌。这也显示了司法部门在保护受欺凌儿童方面的努力,以便为未成年人提供良好的学习环境。”The court also issued a 42-article guideline strengthening juvenile protection and crime prevention measures.最高人民法院还发布了一项42条的指导意见,以加强未成年人司法保护及犯罪防治工作。The guideline mandates courts to identify bullying during other child-related cases and promptly notify schools or training institutions to arrange intervention. It also calls for following up on how educational departments address the issue.该指导意见要求法院在其他与儿童相关的案件中识别欺凌行为,并及时通知学校或培训机构安排干预。它还呼吁跟进教育部门如何解决这一问题。Crimes like trafficking, kidnapping, violent assault and sexual assault against minors will be met with "zero tolerance" and harsh punishments, the guideline said.该指导意见称,对未成年人的拐卖、绑架、暴力袭击和性侵等案件,坚持零容忍立场,依法从严惩处。The court emphasized a balanced approach, prioritizing education over punishment for minors. "We are tolerant but not indulgent," it said. "For minors with deep malice and extremely harmful behavior, especially those refusing to correct their mistakes, we will resolutely punish them according to the law."法院强调采取平衡的方法,对未成年人的教育优于惩罚。“我们宽容但不纵容”法院表示,“对于恶意程度深、行为危害极大的未成年人,特别是拒不改正错误的未成年人,我们将坚决依法依规予以惩戒。”justifiable defense正当防卫juvenile protection未成年人保护education over punishment教育优于惩罚