Judgment announced in the first trial of the Jiangxi boy's jumping off building case; Court: The teacher's language behavior overall did not deviate from the educational purpose

At 9:30 am on August 9, 2023, the People's Court of Lianxi District, Jiujiang City, Jiangxi Province publicly announced the first trial verdict in the case of the plaintiffs Zhang and Wang suing the defendant Zou for insult and abuse of a person under care.

Around 4:00 pm on November 9, 2021, Zhang's son (the plaintiff's child) fell to his death from a building opposite his school. The public security authorities arrived at the scene after receiving the alarm and found a suicide note on Zhang, reading: “I, Zhang, sincerely admit that my death has nothing to do with my parents, guardians, society, or the country, only with Zou, who used violent means. Signed by myself: Zhang.” Below the signature was a red fingerprint, with the middle finger noted beside. On December 3, 2021, after investigation, the public security authorities determined that there was no illegal act and decided to terminate the investigation. Zhang's parents then filed a private criminal prosecution against Zou, requesting the court to hold her criminally responsible for the crimes of insult and abuse of a person under care.

According to criminal procedure law, the burden of proof in a private prosecution case lies with the plaintiff. During the trial, the plaintiffs applied to the court four times to obtain evidence, and the court granted these applications, legally obtaining relevant documentary evidence, witness testimony, audio-visual materials, etc.

Through trial, the court found that the defendant Zou was Zhang's headteacher and Chinese teacher. Before the incident, Zhang had repeatedly failed to complete homework tasks on time, in the proper form, and with sufficient quality, and had taken leave multiple times. Classroom surveillance video showed that from October 26 to November 9, 2021, defendant Zou, during teaching, criticized Zhang with phrases like “stupid to death,” “debt king,” “untrustworthy,” “biting the book to eat,” “common practice,” etc., and also implemented once hitting his head and neck with a book, one punishment of standing for about half an hour, once changing his seat, and having him read text standing at the lectern after class.

The court ruled that whether Zou's behavior constituted the crime of insult needed to be accurately distinguished from educational disciplinary action. After reviewing the evidence, it was found that although there were some improprieties in Zou's words and actions, they did not deviate from the overall educational purpose and were intended to prompt Zhang to better complete learning tasks, learn from mistakes, and correct them. Overall, the measures did not violate the “Rules for Educational Discipline in Primary and Secondary Schools (Trial)” and were generally appropriate to Zhang's behavior. There was no evidence that Zhang's dignity or reputation was impaired among his classmates. The court ruled that Zou's actions did not constitute the crime of insult, nor was there evidence to support the plaintiff's accusation of abuse.

However, Zou's criticism, education, and punishment did not comply with the relevant requirements for teacher ethics and style and lacked concern for the students' emotions. Educational authorities have imposed appropriate disciplinary actions for her violation of teacher ethics.

The court deeply regrets and mourns Zhang's suicide and calls for greater societal attention to the education of minors. Schools and teachers should pay attention to their methods, emphasize collaboration with parents, and seek parents' understanding and support for criticism, education, and discipline. Parents should cooperate with schools and teachers to promote the healthy growth of minors.

After the first trial verdict, the plaintiffs Zhang and Wang expressed their intention to appeal, while the defendant Zou accepted the judgment and did not appeal. Some representatives of the People's Congress, members of the political consultative conference, relevant unit personnel, media reporters, and the public attended the announcement.