When the Sun Xiaoguo case finally came to an end after 21 years, and when the remains in the "Playground Burial Case" saw the light of day again after 16 years, 2019 interpreted " Justice delayed is still justice " in the heaviest way. This year marked the crucial stage of the campaign to combat gang crime and eliminate evil forces, with more than 30,000 "protective umbrellas" uprooted; this year, throwing objects from high altitudes was criminalized to safeguard the "safety above our heads"; this year, the custodial education system was officially abolished, and the progress of the rule of law is reflected in the respect for the rights of every individual. This was a year when sharp swords were used to eliminate deep-seated ills and systems were used to protect people's livelihood.

I. Crucial Year for Combating Gang Crime and Eliminating Evil Forces: Judicial Justice Behind the Sun Xiaoguo Case

"To combat gang crime, we must take down their protective umbrellas; to eliminate evil forces, we must root them out completely."

【Event Review】

2019 was the crucial year for the national campaign to combat gang crime and eliminate evil forces. In April, the Sun Xiaoguo case in Yunnan came to light, attracting national attention. This "Kunming tyrant" who had been sentenced to death for rape and other crimes 21 years earlier had his sentence commuted multiple times and actually served only 12 years and a few months before being released, and after his release, he became the leader of a gang involved in gang-related and evil activities.

The Central Steering Group for Combating Gang Crime and Eliminating Evil Forces supervised the case on file. In the end, 19 involved public officials and key associates were sentenced to imprisonment ranging from two to twenty years respectively, and Sun Xiaoguo was executed. At the same time, the "Playground Burial Case" in Hunan was also solved this year, and the injustice was redressed after 16 years.

【Lu Heng's Opinion】

The Sun Xiaoguo case has become a benchmark for the rule of law of the year because it vividly interprets the firm determination to "take down protective umbrellas and break up networks" in combating gang crime and eliminating evil forces. In accordance with the deployment of the Central Government, in 2019, the campaign to combat gang crime and eliminate evil forces achieved full coverage of supervision across the country. Through three rounds of supervision, a total of 2,104 gang organizations and 7,274 evil gangs were cracked down nationwide. A total of 33,335 cases of corruption and "protective umbrella" issues related to gang crime and evil forces were investigated and dealt with, and 33,270 people were handled.

From the Sun Xiaoguo case to the "Playground Burial Case", a number of major cases of strong social concern have been solved, and some evil forces that bullied the people have been arrested. Justice may be delayed, but it will never be absent! The warmth of the rule of law comes from the "clean-up" of evil forces and the firm actions to comfort the victims with justice.

II. Abolition of the Custodial Education System: Progress of the Rule of Law and Protection of Human Rights

"The progress of the rule of law is reflected in the respect for the rights of every individual."

【Event Review】

On December 28, 2019, the 15th meeting of the Standing Committee of the 13th National People's Congress adopted the "Decision of the Standing Committee of the National People's Congress on Abolishing the Relevant Legal Provisions and Systems on Custodial Education", which came into force on December 29. The decision abolished the custodial education system established in 1991. For persons who were being executed custodial education in accordance with the law, custodial education was lifted, and the remaining term was no longer enforced.

【Lu Heng's Opinion】

The custodial education system has played a certain role in a specific historical period since its implementation more than 20 years ago. However, with the acceleration of the process of comprehensively governing the country according to law in China, its functions have gradually been replaced by relevant legal systems. However, the provision that can restrict the personal freedom of persons involved in prostitution and whoring for 6 months to 2 years has been increasingly questioned in terms of its constitutionality and legality.

In 2018, the Legislative Affairs Commission of the Standing Committee of the National People's Congress launched research and demonstration; in 2019, the time was ripe for abolition. Timely abolishing the custodial education system conforms to the development of the times and social reality, is conducive to protecting human rights, is an inevitable requirement for comprehensively governing the country according to law, and is another major progress in China's construction of the rule of law. From record review to system abolition, the sunshine of the rule of law shines into every corner.

III. Criminalization of Throwing Objects from High Altitudes: Safeguarding "Safety Above Our Heads"

"The pain hanging over the city finally has a legal antidote."

【Event Review】

In 2019, incidents of injury caused by throwing objects from high altitudes occurred frequently, becoming a " Sword of Damocles " hanging over people's heads. In October, the Supreme People's Court issued the "Opinions on the Proper Trial of Cases Involving Throwing or Falling Objects from High Altitudes in Accordance with the Law", clearly stating: Whoever intentionally throws objects from high altitudes shall be convicted and punished in accordance with the crime of endangering public security by dangerous means, the crime of intentional injury or the crime of intentional homicide according to the specific circumstances, and shall be given a heavier punishment under specific circumstances.

【Lu Heng's Opinion】

Throwing objects from high altitudes has always been a "cancer of the city". In the past, it was mostly handled as civil tort, making it difficult for victims to safeguard their rights and provide evidence. This time, the Supreme People's Court responded to throwing objects from high altitudes with severe criminal penalties, sending a clear signal: Throwing objects from high altitudes is not a "trivial matter", but a criminal act that may endanger public security.

The "Opinions" clearly distinguish between intentional and negligent circumstances: intentional throwing of objects may constitute a crime of endangering public security, and criminal liability may also be pursued for causing serious injury or death due to negligence. Resolutely safeguarding the people's " safety above our heads " by legal means is a vivid embodiment of the judiciary responding to social pain points and addressing the urgent needs of the people.

IV. Zhao Yu's Justifiable Defense Case: Law Shall Not Yield to Unlawfulness

"The judiciary is impartial and unyielding, acting as the guardian of positive social energy."

【Event Review】

On the night of December 26, 2018, Zhao Yu, a resident of Fuzhou, heard cries for help downstairs. He went downstairs and found a woman being beaten by a man. Zhao Yu stepped forward to stop it, and in the scuffle, he kicked the man in the abdomen, causing serious injury to him. In February 2019, Zhao Yu was detained for many days on suspicion of intentional injury, which caused an uproar in public opinion.

The case went through many twists and turns, and finally the procuratorial organ determined that Zhao Yu's act was justifiable defense and he was not liable for criminal responsibility. In mid-December, Fuzhou City announced the list of advanced individuals at the 26th Commendation Conference for Brave Acts for a Just Cause, and Zhao Yu was among them.