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Anonymous users2024-02-11On March 16, 2019, plaintiff Zhang hired Cao through an intermediary. The two parties sign a "letter of agreement": agree on wages and rest periods.
On April 26, 2019, Cao left after settling wages with his employer. Zhang's wife reported the case after checking the surveillance footage at home. The court of first instance ruled that Cao should compensate Zhang for his medical expenses and transportation expenses, totaling yuan.
1.The second-instance judgment was revoked
The court of second instance ascertained that Cao had made a statement when questioned by the public security organs on April 28, 2019: "I have said angry words such as grandma beating you to death in order to scare children. According to the home surveillance video provided by the appellant Zhang, the child played and drank water from the toilet, while Cao repeatedly beat the child's buttocks, feet and hands.
The second-instance judgment was revoked: the appellee Cao was required to pay the appellant's medical expenses, transportation expenses, and 10,000 yuan for mental damages; The appellant's other claims were dismissed. <>
2.Behavior is severe:
As a nanny who worked in Zhang's family for a short time, Cao formed a long-term intimate relationship with Zhang's family. In the agreement signed by both parties, the first is to take care of "security". Mr. and Mrs. Zhang did not give him the right to be punished.
When the child was beaten by Cao, the child was not yet two years old and was still in a sensitive period of physical and mental development, so it was easy to be violently attacked at the same time. This is a manifestation of poor care. The public security organ's punishment of Cao shows the seriousness of Cao's conduct.
3.Bear civil liability:
Although Cao was dealt with by the public security department, it did not exempt him from civil liability. In order to reflect the negative evaluation of Cao's above-mentioned behavior and protect the physical and mental health of adults, the court held that Cao should pay 10,000 yuan for mental damages based on the frequency of child infringement, the age of the child at the time of the violation, and the consequences of their earnest performance of their duty of care. <>
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Anonymous users2024-02-10The appellee Cao was required to pay the appellant's medical expenses, transportation expenses, and 10,000 yuan for mental damages; The appellant's other claims were dismissed.
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Anonymous users2024-02-09A total of yuan, including medical expenses and transportation expenses, this matter is over.
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Anonymous users2024-02-08In the end, the medical expenses were as high as yuan, as well as transportation expenses.
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Anonymous users2024-02-07Legal analysisThe physical and mental health of minors is protected by law, and no person or unit may beat or abuse minors for any reason. It is a serious violation of the law for the nanny to beat the child, and the parents of the victim can immediately report to the police and use legal means to protect the legitimate rights and interests of the child from being infringed upon. After an injury case occurs, the victim shall promptly report to the police, and after being discharged from the hospital, request that the police station issue an injury evaluation letter to conduct an injury evaluation.
The injured person will face up to 15 days of administrative detention if it is a minor injury. Those who cause minor injuries shall bear criminal responsibility, and those who turn themselves in may have their punishment commuted as appropriate. Heng Mao beat the other party into a broken bone, and it must be forensically evaluated, and if it is a minor injury and suspected of injury, it must be sentenced.
If it does not constitute a crime, it shall be punished by public security and detained in accordance with law. However, if the other party forgives or waives the prosecution, the sentence may not be imposed. If the second degree of minor injury is reached, the beater will be held criminally liable for the crime of intentional injury under the relevant law.
Legal basisArticle 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given. Where a person is instructed to have his or her organs harvested without his or her consent, or to remove organs from a person under the age of 18, or where he or she compels or deceives others into donating organs, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where organs from the corpse are removed against the person's wishes, or where the person does not express their consent before their death, violates state regulations, and removes the body's organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.
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Anonymous users2024-02-06What kind of punishment will a nanny be punished for abusing a child If the circumstances are heinous, it will be a violation of Article 260-1 of the Criminal Law. The Criminal Law Amendment (9) expands the scope of the crime of maltreatment from family members to persons with guardianship and care duties for minors, the elderly, the sick, the disabled, and so on. The nanny has a duty of care for the child, and the child is abused in a heinous manner.
If the provisions of the criminal law have been violated, they can be held criminally liable for the crime of ill-treatment. If the abuse is so egregious that the person under care suffers more than minor injuries, it shall be convicted and punished as intentional injury. Laws:
Article 260 of the Criminal Law of the People's Republic of China [Crime of Abuse] Whoever abuses a family member, and the circumstances are heinous, shall be sentenced to two years imprisonment, short-term detention or controlled release. Where the crime in the preceding paragraph is committed, causing serious injury or death to the victim, a sentence of between two and seven years imprisonment is to be given. For the crimes in the first paragraph, it is to be handled only if the complaint is made, except where the victim does not have the capacity to make a complaint, or is unable to make a complaint because of coercion or intimidation.
Article 260-1 [Crime of Abuse of Persons under Guardianship or Care] Where persons with guardianship or care duties such as minors, the elderly, the sick, or the disabled repent, and the circumstances are heinous, a sentence of up to three years imprisonment or short-term detention is to be given. Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Where conduct in the first paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
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Anonymous users2024-02-05Legal Analysis: Child abuse by a nanny constitutes the crime of intentional injury. The crime of intentional injury refers to the criminal conduct of intentionally and unlawfully harming the body of another person and reaching a certain level of seriousness that should be punished by the criminal law.
Legal basis: Criminal Law of the People's Republic of China
Article 234:Whoever intentionally harms the body of another person is to be sentenced to up to three years imprisonment, short-term detention, or controlled release. Whoever intentionally injures the body of another person, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not more than 10 years, life imprisonment or death.
Article 260:Where a person with guardianship or care duties abuses a person under guardianship or care of a minor, the elderly, a sick person, a disabled person, or so forth, and the circumstances are heinous, a sentence of up to three years imprisonment or short-term detention is to be given.
The child threatens the babysitter with the parent. This is not right. It is usually parents who do not educate their children enough. This threatens the babysitter. It's rude. We are parents. Should. Educate children. Respect the babysitter. Respect the old and love the young.
If it's really serious, I think it's better to ask a nanny, if your family conditions are not bad, just ask a nanny, in the long run, although taking children is to reduce your burden, but for a long time, your husband and wife are always in conflict, the gains outweigh the losses, what you said upstairs is right, but what you have to have your own principles, you can't blindly tolerate it, because people in the countryside have their own fixed mode of thinking, she is already sixty years old, so it is difficult to change the things she identified, And there are many places where your thoughts and her way of life are not particularly integrated, the best way is to get along with each other at a certain distance, and it is best to be together only during the New Year's holidays, and your husband's way is not right, even if there is no way to maintain you at the time, but you should comfort you afterwards, and if your parents say something particularly wrong, or if you are particularly hurt, even your parents should protect you at that time, the relationship between mother-in-law and daughter-in-law is very important in married life, if the husband just blindly protects the mother, Regardless of whether it is right or wrong, then the most hurtful in the end can only be the wife, and there is a situation where the children from this rural family are better mixed, and the mother feels very good, at this time the son always feels that the mother is not easy, even if he knows that the mother is sometimes very excessive, it is not easy to say anything, or the kind of child who is particularly afraid of the mother, you should communicate well with your husband, let him say your good in front of his mother, the husband is not there, always eat at his mother's house, your husband should know how to be grateful to your side, take care of his wife for him.
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