The pain is like a stone in my heart, and I can’t forget it, nor can I get rid of it. In the past four years, Li Jie has lost her daughter as well as her happiness.
On May 19, 2016, Beijing New Oriental Changping Campus, Li Jie’s 17-year-old daughter Yao Jinyi was raped and killed by classmate Wang Yizhe. In the next four years, Li Jie has traveled hundreds of thousands of kilometers to find the truth and seek justice. The images of the four-year trip are a big net, which caught Li Jie’s body and trapped her soul.
In 2018 the Beijing Municipal High People’s Court second trial Wang Yizhe was sentenced to life imprisonment, in October 2019, Li Jie filed a civil lawsuit to Beijing Changping District People’s Court, to Wang Yizhe and his mother Lv Moxia claim death compensation, spiritual damage compensation, funeral expenses, a total of more than 1.75 million yuan.
The past 1600 days Li Jie not a day without crying, she could not forgive the murderer, let alone forgive himself. Late at night dreaming of her daughter, Li Jie always asked why she didn’t come home for so long, why didn’t she come to her mother, why didn’t she talk to her mother? When exactly will she be able to let go, Jie Li doesn’t know, ten years, twenty years, maybe forever.
Taking a Murderer’s Mother to Court
“My child is dead. “Li Jie’s tears couldn’t be restrained from slipping from the corners of her eyes. “September 27, 2020, ‘New Oriental classroom rape and murder case’ “Civil litigation second trial in Beijing Changping District People’s Court, Nankou Court.
On September 27th, Li Jie has been holding a picture of her daughter Yao Jinyi in the courtroom, Wang Yizhe’s mother Lv Mouxia did not appear in the courtroom, the only person in the defendant’s box was a lawyer. Li Jie’s complaint demanded a written apology from the defendant, but that day only the lawyer in the defendant’s box read the apology letter.
The apology letter did not make Li Jie feel better, she thought reading the apology letter is just for show, “four years in Wang Yizhe’s mother had enough time to do the apology and compensation, but she did not. All this time, she tried to make a deal with me through various people to get me to write a letter of understanding for her son. The letter of understanding can help reduce the sentence in terms of sentencing, if I understand, Wang Yizhe could be out in ten or eight years. According to the current law, Wang was convicted of intentional homicide and rape and served a minimum of 25 years. “
“I can’t forgive a murderer, I can’t even forgive myself, can I forgive him? “For the outcome, Li Jie does not care, “money this thing does not matter, I just want to get justice, let Lv Mouxia to bear the responsibility she should bear. Her son brutally harmed my daughter, criminal responsibility to bear, civil liability also to bear. “
The words of the opposing attorney in court that day made Li Jie very angry, her hand holding her daughter’s photo shook a little because of the excitement, “For four years, I can no longer tolerate people lying in front of me, I don’t want to argue about right and wrong anymore, no matter what, the facts are there. I remember the last 1600 days like a dream.
The murdered daughter.
When she first learned of her daughter’s murder, Jie Li was blinded. “Do not believe, still do not believe. “May 19 evening, Li Jie is still in WeChat chat with her daughter, said halfway, her daughter again did not reply. That night, new Oriental teacher bed check, found Yao Jin Yi not in the dormitory, multi-faceted search to no avail, the school informed Li Jie. At 11:00 p.m., Li Jie drove from her home in Dongying, Shandong province, to Beijing.
I’m begging you to help me look for my child. On the way to Beijing, Li Jie was extremely anxious and kept calling teachers at the school. It wasn’t long before things took a turn for the worse when a New Oriental teacher told her that a male student named Wang Yizhe had texted her that he was with Yao Jin Yi. Li Jie was a little surprised, but the news made her feel more settled.
On the morning of May 20, Li Jie received the news of her daughter’s death. She arrived at the school at noon because of a traffic jam on the way. “Before arriving at the school, Wang Yizhe’s family conveyed through the school whether this matter could be solved with money. The first thing they thought of was not how I would feel if I lost my daughter, but to talk to me about money at that time. “
Yao Jinyi’s body was found on May 20 at 6:00 a.m. in the 601 office in the New Oriental building. She was first discovered by her classmate Liu Mou, who recalled that she had her head facing north and her feet facing south, and her head was covered with her school uniform. After that, four students came to the door of the 601 office, some students recalled, initially thought she was sleeping, but also asked the people behind her to keep their voices down, do not wake her up. They didn’t know that Yao Jinyi would never wake up again.
The first time I was in the room, I was in the bathroom. On the morning of May 20, a student in the sixth floor of the school building, office 601 found Yao Jinyi, the scene of the crime, Wei touched Yao’s arm, found no temperature, then the police.
Surveillance video shows that on the night of May 19, Wang Yizhe climbed over the wall and left the school. The next morning at 7:00 am, Wang Yizhe with his mother’s cell phone alarm, claiming manslaughter to surrender. After that, Wang Yizhe was summoned to Changping District, Maichikou Police Station for questioning.
The first time I was in the hospital, I had to go to the hospital to see a doctor. In the end of December 2015, Wang Yizhe admitted that he met Yao Jinyi at the school’s New Year’s Eve party, and added Yao’s WeChat on January 1, 2016, and in early February, when it proposed to Yao to fall in love, but was rejected.
“When you see my daughter, people are numb. “May 20 at 7:00 p.m., Li Jie in the forensic identification center to see the dead Yao Jin Yi. “Before I went in, I told myself to be calm and rational and to see exactly where the injuries were. Ten minutes before and after, she was wearing a school uniform, full of blood, the whole face is purple, the hair is a mess, you can see blood on the hair strands, there are injuries on the arms, the neck pinch marks are obvious, the pants are all blood. “
The body speaks.
During the investigation phase, the police gave Li Jie the autopsy report of Yao Jinyi and asked her to sign the autopsy report, but because the autopsy report didn’t mention the trauma on Yao Jinyi’s body, Li Jie refused to sign it.
“The police read me the autopsy report, not a word about the trauma on my daughter’s body, I want to see the autopsy report, the police do not give, they only want me to sign the report, agree to the autopsy report. “Li Jie said, Wang Yizhe side of the effort has been the direction of manslaughter, do not admit to rape, said the two sides consensual, police at the time to provide the autopsy report, in favor of Wang Yizhe side.
“Investigation stage, the core of the case is the autopsy report, the autopsy report is the most important evidence. Forensics all say the body will speak, my daughter has lost the possibility of defending herself, her body is the only chance. “Li Jie said the most difficult part of the case is to overturn the previous forensic findings and make up the missing results from the previous identification.
In order to push for a restart of the autopsy and get a fair result, Li Jie looked for experts and lawyers all over the country, flying to Chongqing, Wuhan and Shanghai, hoping to find an authoritative expert to intervene in the case. “I stayed in Beijing for two years, giving up everything back home. But the whole investigation phase did not usher in a turnaround, and I was desperate. “
Since then the case entered the prosecution phase, Li Jie’s demand for a new forensic appraisal has responded, Beijing Municipal People’s Procuratorate invited well-known domestic experts, organized a five-party talks, for the previous forensic appraisal results were supplemented, the five-party talks became a turnaround in the case, and finally Wang Yizhe was convicted.
On June 26, 2017, the Beijing First Intermediate People’s Court issued a criminal verdict. The verdict is clear that Wang Yizhe against the will of women, using violent means to force sexual relations with women, the act has constituted the crime of rape, intentional deprivation of life to cause death, the act has constituted the crime of intentional homicide.
For Wang Yizhe has not admitted to rape, the verdict mentioned, the investigation of a number of witnesses to prove that the victim and the defendant non-romantic relationship, there is no emotional basis for sexual relations; and teaching building for public places, the victim immediately to participate in student meetings, time and place are not suitable for sexual relations, and the victim’s body on the damage can be proven to be caused by the defendant’s violence forced. And by the witness testimony, the “scene investigation transcript”, “autopsy report” and the defendant’s confession proved the fact of Wang Yizhe rape.
For manslaughter, the verdict is clear, the evidence in the case can prove that the victim was choked to mechanical death, the defendant choked the victim to its death, and did not take any rescue measures, enough to prove that the defendant wanted to occur as a result of death.
According to Wang Yizhe confession, May 19 night when he left the killing of Yao Jinyi 601 office, Yao Jinyi is still breathing, and the stomach is moving. But instead of helping, he took Yao Jinyi’s cell phone and turned it off.
The truth in the autopsy report
After the verdict in the first trial, Wang Yizhe party chose to appeal, it is proposed that the first trial verdict found that his rape crime facts are unclear, insufficient evidence, the sentence for the crime of intentional homicide is too harsh.
Wang Yizhe’s defense argued that in this case there was only evidence that the appellant had sex with the victim, but there was no evidence that the appellant violated the victim’s wishes, nor was there evidence that the appellant used violence before and during the sex act. There was no direct evidence to prove the crime of rape, and circumstantial evidence could not exclude the possibility of consensual sex during the sexual act.
The reporter learned that the Beijing Changping District Public Security Judicial Appraisal Center issued the “autopsy appraisal” mentioned that the victim, Yao Jinyi, perineum and anus, hymen at 6 points can be seen at the tear, and bleeding, the rest of the place no obvious damage. The evidence submitted by the Beijing Municipal People’s Procuratorate in the second trial showed that the victim’s hymen tearing injury characteristics consistent with the formation of a large external force.
The Procuratorate believes that, although Wang Yizhe denied committing rape, and the victim has been killed, no direct evidence of rape in this case, but integrated all the evidence in the case, using the laws of logic and empirical reasoning, can be concluded that Wang Yizhe committed rape.
The Southwest University of Political Science and Law Appraisal Center associate professor Dai Haolin on the case appraisal opinion opinion. In his opinion, in this case, the victim’s body surface resistance injury is not obvious, suggesting that suffocation occurred quickly, the victim lost resistance faster, too late to react. Although there were no signs of fighting at the scene and no injuries to the sexual organs (breasts, inner thighs), it does not mean that it was not rape, and it is more reasonable for rape to occur.
In this case, the cause and end result of mechanical asphyxiation was sexual intercourse, both before and after asphyxiation. The strangulation was caused by the desire to report the rape, but the strangulation was also rape if it was done for the purpose of sexual intercourse. The occurrence of sexual relations and the chokehold are continuous processes that cannot be completely separated. In this case, as a young, unmarried woman, the time, place and object of the first sexual intercourse are obviously unreasonable.
Third, the murderer.
After the incident, Li Jie recalls having met Wang Yizhe three times.
The first time was in the juvenile court of Beijing No. 1 Intermediate People’s Court, Li Jie described, “He made himself look like a hero, wiped mousse on his hair, wore brand-name clothes. He appeared like a star, with no expression, no fear, and an imperceptibly wry smile on his lips. The judge and prosecutor asked him what he was doing, but he couldn’t tell me. The eyes looked at my defense attorney with evil intent, and kept stating that he loved my daughter very much and had hurt her accidentally, not intentionally. “
The second time was at the first trial when the verdict was handed down, and Li Jie said Wang was still dressed in a name tag when he appeared in court, and was very energetic and expressionless. “I watched him carefully, and when the judge pronounced the sentence of life imprisonment, his eyes changed. From the initial indifference, it changed to a look of incredulity, thinking it was impossible, not believing he could be sentenced to life. “
The third time was the opening of the second trial, and Li Jie remembers that Wang had changed a lot; he lost three times the weight, his hair was shaved, and the clothes he wore were dirty. “At that time he had reached the age of eighteen and would no longer enjoy the special treatment of a minor. “
The court Li Jie wanted to sit closer to Wang Yizhe, but the bailiff did not let her, she sat in the middle, unblinkingly staring at the dock, trying to see every expression of the murderer of her daughter,” with the sentencing, Wang Yizhe expression slowly became lost, anxious, hands shaking, eyes wandering to look around. The man, who no longer held his head high as before, was a bit overwhelmed with his hands hanging at his sides. After the verdict was pronounced, he stood there without saying a word and kept his head down. “
In court Li Jie had asked Wang Yizhe a question, “I asked him the earliest time he had sex, and he replied that he was 14. “
The reporter learned that the prosecutor had asked relevant units to do social survey assessment of Wang Yizhe, the assessment report wrote that Wang Yizhe grew up with less communication with his parents, since middle school began to live in school, many years living outside, making Wang’s body and mind in a lonely state, the lack of parental companionship is an important factor in the emergence of various problems Wang Yizhe in adolescence, Wang Yizhe can not well deal with the relationship with female classmates, the lack of family supervision, the lack of social interaction skills, meet problems can not take a proper approach to deal with and solve, which led to the occurrence of the case.
My daughter’s nickname is Niu Niu, she likes to eat apples.
“Her nickname is Niu Niu, I see a child named Niu Niu and I think of my child, my daughter is my everything, she likes apples and milk. I used to go shopping with her, but after she left, I never went shopping. “
For four years Li Jie didn’t come out of the nightmare of losing her daughter. “will often dream, sometimes I ask her, where have you been, why have you not contacted your mother for so long, and in the dream I hear her calling me mom, the dream tells me mom I’m so scared, you come with me. When she woke up in the night, Li Jie always had difficulty falling asleep.
For the past four years, Li Jie has been thinking about her daughter all the time, the road she has walked together, the places she has been, the things she has done, the things she has used, the things she has said, the issues she has discussed. “It’s impossible to forget, it’s impossible for me to forget my child. “
Most of the things I bought for my daughter were kept, “I won’t throw them away, what happens after I throw them away, people don’t understand, they think I’m weird, but it’s really impossible to put them down again, unless I die. “
In the past four years, Li Jie has lost three of her closest friends, her mother, father and daughter. “My life has no future, no thoughts, no plans anymore. It’s completely different from before, so let’s just live one day at a time, not caring about anything. The rest of my life is just like this, it’s definitely not easy, I don’t want others to look down on me, and I don’t want to affect the people around me. “
“The past four years I’m like an ant fighting with a person. “Netizens commented that Li Jie is a great mother, Li Jie laughed bitterly, “I feel sorry for me, I lost my child, is it useful to be great? Greatness for whom? I just want to be greater in front of my daughter. I can make peace with the New East, but not with myself. Can’t forgive myself and will never be able to come to a reconciliation with myself on this child thing. “
Crimes committed by minors
“The judge said this case is the only case in so many years in which a minor has been sentenced to life imprisonment for school violence. It has been four years since the New Oriental classroom rape and murder case, Wang Yizhe was exempted from the death penalty because he was under the age of 18 during the commission of the crime, but for Li Jie, such a verdict does not ease her psychological trauma.
In recent years, the discussion on sentencing for juvenile crime is very concentrated, “New Oriental classroom rape and murder case” was used as a typical case by many media, “at that time I think my efforts were not in vain”.
In the past four years, Li Jie has encountered many difficulties in the process of defending her rights, and she has also accumulated a lot of experience in defending her rights, “Parents in similar situations can come to me for advice, I will help them unreservedly. “
In recent years, juvenile delinquency cases have occurred frequently. After the Yao Jinyi case, serious crimes committed by minors continue to be committed.
In July 2017, Shen Moumou, a 13-year-old boy from Cenxi, Shaanxi province, killed three members of the Huang family; in March 2017, a 13-year-old boy from Long Hui, Hunan province, killed a 73-year-old woman; in December 2018, a 12-year-old boy from Yuanjiang, Hunan province, killed his mother because he was dissatisfied with her discipline; on October 20, 2019, Cai Moumou, a 13-year-old boy from Dalian, killed a 10-year-old girl. In all of the above incidents, the criminal suspects were exempted from criminal punishment and were not held criminally responsible because they had not reached the legal age of criminal responsibility.
Along with the increasingly widespread discussion of the age of criminal responsibility for minors, the call for lowering the age of criminal responsibility for minors has become stronger.
On October 12, the second draft of the Amendment (XI) to the Criminal Law stipulates that under certain circumstances and through special procedures, the minimum age of criminal responsibility may be lowered individually. In Article 17 of the Criminal Law, it is stipulated that if a person who has reached the age of 12 but is not yet 14 commits the crime of intentional homicide or intentional injury and causes death, he shall be held criminally responsible upon the approval of the Supreme People’s Procuratorate.
The NPC Standing Committee spokesperson for the Legislative Affairs Commission, Zang Tiewei, said that in recent years, cases of serious crimes committed by underage minors have occurred from time to time, causing social concern. In general, for minors who commit crimes, we should still adhere to the policy of education, probation, rescue, and adhere to the principle of education as the main, complemented by punishment. It is not possible to simply “close the door” on juvenile delinquency, nor can it be done. “Let it all go”.
Lowering the age of criminal responsibility for minors can fundamentally control juvenile delinquency, some experts believe that consistently lowering the age of criminal responsibility will make minors prematurely enter the scope of the criminal justice system punishment, may not be conducive to their physical and mental health development.
The National People’s Congress, Shaanxi Province Lawyers Association vice president Fang Yan said in a media interview, due to the low cognitive ability of minors, and the physical and mental capacity is weak, the application of criminal punishment is likely to lead to “cross-infection! This is not only detrimental to crime prevention, but can also lead to recidivism. Not only is it not conducive to crime prevention, but it also easily leads them to reoffend.
Shen Chunyao, a member of the Standing Committee of the National People’s Congress (NPC) and director of the NPC Standing Committee’s Legislative Affairs Commission, believes that lowering the age of criminal responsibility is a simple response. After lowering the age, it is likely that similar cases will still occur under that age.
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