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After the first-instance verdict of the Qingdao 8-year-old boy beaten to death by a martial arts coach, the prosecutors filed an appeal. On August 17, The Paper learned from the relatives of the victim, Zhai Mouqi, that they had recently received a "Criminal Protest" from the procuratorate. The Qingdao People's Procuratorate believed that the first-instance verdict was too light for the defendant, so it filed an appeal and put forward three reasons.

The boy lay on the ground motionless after being beaten. Image source: Beijing Evening News

On June 13, 2024, the Qingdao Intermediate People's Court made a first-instance judgment on the case. The defendants Zhang Xianbin and Li Haiding were both sentenced to life imprisonment and deprived of their political rights for life. The defendant Zhang Jiahao was sentenced to three years in prison and suspended for five years.

The above-mentioned "Criminal Protest" was signed on June 21, which shows that the Qingdao Municipal Procuratorate believes that the first-instance judgment does not fully reflect the principle of special protection and priority protection for minors. The victim in this case is an 8-year-old child, and the three defendants are personnel with special responsibilities for the victim. They used their coaches to beat the victim many times and for a long time, eventually causing the victim's death.

Secondly, the Qingdao Municipal Procuratorate believes that the defendant Zhang Xianbin is the actual person in charge of the two martial arts clubs involved in the case. He directly beat the victim in the two places and instructed Li Haiding to beat the victim. Zhang Xianbin's guilt is obviously heavier than that of the defendant Li Haiding. The first instance judgment sentenced both of them to life imprisonment, which is inappropriate for the crime.

In addition, the Qingdao Municipal Procuratorate believes that the three defendants delayed medical treatment and their surrender behavior was somewhat passive. After the three defendants learned by phone that the victim had fallen into a coma, they did not immediately arrange for someone to send the victim to the hospital for treatment. Instead, they drove back to the crime scene for 20 minutes before sending the victim to the hospital. The victim's breathing and heartbeat had stopped when he was sent to the hospital. This behavior did not constitute active medical treatment and there was a delay in medical treatment. The medical treatment did not reduce or avoid the consequences of damage, so they should not be given a lighter punishment based on this. Later, when the doctor found obvious abnormal injuries on the victim's body, the defendant called the police. His surrender behavior was somewhat passive. Although the three defendants met the conditions for surrender, the criminal behavior caused the serious consequence of the death of a minor, and the range of lighter punishment should be strictly controlled.

The Paper previously reported that in June 2023, an 8-year-old child, Zhai Mouqi, was injured and died at the Qingdao Chongde Juying Martial Arts Sports Club. Later, three people including Zhang Xianbin from the club were arrested.

On June 13, 2024, the Qingdao Intermediate People's Court pronounced the first-instance verdict on the intentional injury case of Zhang Xianbin and three others. The court found that on June 18, 2023, while the defendant Zhang Xianbin was teaching at the club, the defendants Li Haiding and Zhang Jiahao beat and tied him up because the victim's training movements were not standardized. The victim was later found unconscious and fainted, and was sent to the hospital for rescue, but died after the rescue failed.

The court held that Zhang Xianbin was the actual controller of the martial arts hall, who beat and tied up the victim many times, played a major role in the joint crime, and was the principal offender; Li Haiding, as a coach, beat and tied up the victim many times, was active and played a major role in the joint crime, and was also the principal offender. In view of the fact that Zhang Xianbin and Li Haiding surrendered themselves and sent the victim to medical treatment, they were given lighter sentences according to law. Zhang Jiahao helped teach, committed the crime in a short time, and the degree of beating was obviously weaker than that of the co-defendants. He only played an assisting role when tying up, played a minor role in the joint crime, and was an accomplice. He also surrendered himself, and his punishment was reduced according to law; in view of the fact that his crime was relatively minor, he pleaded guilty and repented, and probation was applied to him according to law.

The court ruled at first instance that the defendant Zhang Xianbin was guilty of intentional injury and was sentenced to life imprisonment and deprivation of political rights for life. The defendant Li Haiding was guilty of intentional injury and was sentenced to life imprisonment and deprivation of political rights for life. The defendant Zhang Jiahao was guilty of intentional injury and was sentenced to three years in prison and five years of probation.

In addition, the three defendants, as staff members of a training institution, committed crimes of violent injury and should be prohibited from engaging in work that involves close contact with minors according to the law.

After the verdict was announced, the father of the victim Zhai Mouqi, Zhai Chunguang, told The Paper that they had filed an appeal. The defendants Zhang Xianbin and Li Haiding, who were sentenced to life imprisonment, expressed dissatisfaction in court and filed an appeal, while the defendant Zhang Jiahao said he would not appeal.

Further reading

14-year-old boy beaten by martial arts school coach to the point of not recognizing his father and forced to "load goods" for a long time

Gao Cheng went to the martial arts school to visit his son Xiaozhe whom he had not seen for four months, but unexpectedly witnessed Xiaozhe, who had just been beaten, walking back to the dormitory with a dazed look on his face, "his face covered with mud."

According to Gao Cheng's description, Xiaozhe's body was covered with bruises, old ones in front and new ones in the back, and there were obvious marks of pinching on his face and neck. "I asked him questions, and he said, 'Who are you?' 'I don't know my name.'" The hospital's diagnosis certificate even showed that Xiaozhe suffered from "mental disorder."

Recently, Gao Cheng accused the coach of Songshan Shaolin Tagou Martial Arts School in Dengfeng City of beating and abusing students, causing them to have mental disorders, which has attracted attention.

According to media reports, Zhang, the leader of the 39th training group where Xiaozhe worked, said that he did not notice it at the time and that the school did not allow it, and that he was now actively cooperating with the police investigation. A staff member of the Zuyuan campus where he worked told China Newsweek that the public security, education bureau and other relevant departments have intervened in the investigation, but he said he was not clear about the specific situation, and that classes were currently running normally and employees were working normally.

Gao Cheng told China Newsweek that Gao, the coach of Xiaozhe's class, has been detained on charges of provoking disturbances. He also learned that it was not only Gao who hurt Xiaozhe, but also several classmates in the class. He believes that the incident was not only Gao's responsibility, "So far, the school has not given us an explanation, and no relevant person in charge has come forward to explain."

Xiaozhe's student ID card. Image source: interviewee

My son doesn't recognize himself

Gao Cheng told China Newsweek that Xiaozhe's condition has improved after treatment. "At first he didn't know who I was, had no concept of time, and didn't want to eat. Now at least he knows who I am."

Gao Cheng said that Xiaozhe was born in March 2010 and was only 14 years old. On February 15 this year, Xiaozhe, who was originally studying at a middle school in Bengbu, Anhui, transferred to the Songshan Shaolin Tagou Martial Arts School in Dengfeng City.

According to the data, Dengfeng Songshan Shaolin Tagou Martial Arts School was founded in 1978. It is a private school that provides nine-year compulsory education with cultural teaching as its foundation and martial arts teaching as its feature. According to Zhengzhou media reports, the school is known as the "No. 1 Martial Arts School in the World".

This is a fully enclosed boarding school. Students are not allowed to use mobile phones or go out at will. There are self-care classes and full-time classes on campus. According to Gao Cheng, the tuition for the self-care class is about 10,000 yuan per year, while the tuition for the full-time class is about 20,000 to 30,000 yuan. Xiaozhe signed up for the self-care class.

But what puzzled Gao Cheng was that in just four months, excluding tuition fees, Xiaozhe's expenses reached 30,000 to 40,000 yuan.

Gao Cheng showed China Newsweek a text message sent on April 12: "Dad, this is Xiaozhe. I was afraid you were busy, so I didn't call you. I want to discuss something with you. After a while, the coach wants to ask his brother to help me buy a set of Venom protective gear. This set usually costs more than 7,000 yuan, and he asked his brother to buy it for about 3,000 yuan, which means he will buy it for me at the original price."

"I have a very good relationship with my coach. I live in the same room with him now. He treats me very well. The most important thing about buying this protective gear is to ask for your opinion. Good protective gear can be used for several years and can also ensure that I will not get injured. This matter is only known to my coach and me. The coach asked me to ask if you agree. I also want to use a better protective gear. Dad, I train very hard every day. Can you help me buy a set when the time comes?" the text message said.

At that time, Gao Cheng did not agree to his son's shopping request.

Screenshot of text message provided by Gao Cheng. Image source: interviewee

On June 20, Gao Cheng discussed his son's situation at school with his coach. "The coach asked my son to answer the phone, and I felt that my son's speech was a bit strange, saying some irrelevant things." Gao Cheng said that he became suspicious and hung up the phone immediately.

The next day, he drove to school and unexpectedly met Xiaozhe who was about to return to the dormitory.

"My son was walking back to the dormitory with several classmates. He had just been beaten, and his face was covered in mud. He was in a dazed state." The photos that Gao Cheng showed to China Newsweek showed that Xiaozhe had obvious bruises on his face, neck, buttocks, legs and other parts of his body.

What made him even more unbelievable was that Xiaozhe couldn't even recognize him.

"Stocking"

Gao Cheng immediately called the police and took Xiaozhe to the First Affiliated Hospital of Zhengzhou University for treatment.

The diagnosis certificate issued by the hospital mentioned that the patient was admitted to the hospital with the main complaint of "abnormal speech and behavior for 2 days" and was initially diagnosed with mental disorder.

The diagnosis was made based on a series of symptoms exhibited by Xiaozhe, including: disordered speech and behavior, talking to oneself, slow brain response, auditory hallucinations, suspicious delusions, nervousness and fear, irrelevant answers to questions, disorientation, decreased volitional activity, and lack of self-awareness.

Diagnosis certificate. Image source/Interviewee

Gao Cheng said that under the guidance of a psychologist, Xiaozhe slowly told about some of his experiences.

Xiaozhe mentioned that the coach had been asking them to "stock up" for a long time. "My son said he was under a lot of pressure and didn't want to spend the family's money," Gao Cheng said. According to Xiaozhe's description, the protective gear mentioned in the above text message was also part of the "stock up." Among those who beat Xiaozhe, in addition to his coach, there were also some classmates.

These situations are different from what the coach told Gao Cheng. "I have communicated with the coach, and he said that the child performs very well in school and is both the class monitor and the dormitory monitor." Gao Cheng said.

According to Gao Cheng, the coach of Xiaozhe's class, Gao, has been detained, but he believes that the incident was not only Gao's fault. "When I sent him there, the school said that they would not beat students and that education was the main focus. So far, the school has not given us an explanation, and no relevant person in charge has come forward to explain."

Gao Cheng said that Xiaozhe's condition has improved. But the doctor told him that he needs to take long-term medication, including some drugs for depression and mental disorders. If he doesn't take them, he may relapse.

A staff member of the Zuyuan campus of Tagou Martial Arts School where Xiaozhe is studying told China Newsweek that the public security, education bureau and other relevant departments have intervened in the investigation. He said he was not clear about the specific situation. The school is currently operating normally and employees are working normally.

Zhang, the leader of the 39th training group, said in an interview with Guizhou Radio and Television that he did not notice it at the time and the school did not allow it, and he is now actively cooperating with the police investigation. China News Weekly called Zhang several times, but no one answered.

According to Upstream News, police sources said the case is being further investigated. Whether Xiaozhe's mental illness is related to the beating is also under investigation.

China Newsweek noted that reports on the Internet that coaches at Tagou Martial Arts School beat students and collected money in disguised forms are not isolated cases.

Xiaojun, a graduate of the school, told China Newsweek that it is not uncommon for students and parents to "supply goods" to their coaches. "Students' cell phones are kept by their coaches, and some coaches will let them play with their phones if they pay."

"There was a coach in our group who required students to buy him a pair of branded sports shoes, pants, etc. every time he asked for leave." Xiaojun said that he had never "purchased goods" and believed that he was treated differently because of this: when his grandfather passed away, the coach did not approve his leave.

Lawyer: How to convict needs to be based on the injury assessment

"It's not like there aren't any such things," a manager at Tagou Martial Arts School told China Newsweek. No matter whether it's a unit or a place, there will be problems of one kind or another. "Just think about it. We have more than 30,000 students. If all of them were like this, we would have disbanded long ago."

The administrator mentioned that the school is equipped with coaches and life teachers, and children can contact them directly if they have any problems. "We can't say that the whole pot of rice is ruined because of a fly. We still have to look at their qualifications, the school, and their attitude."

Another staff member of the school denied to China Newsweek that any coach had beaten students, saying, "We are the largest martial arts school, and every year when the enrollment season comes, there will be public opinion." "With tens of thousands of people, can't they protect the safety of children?" he said.

Tan Mintao, a lawyer at Beijing Zhongwen (Xi'an) Law Firm, told China Newsweek that there is currently no specific "child abuse crime" in my country's criminal law. There is only one abuse crime, which refers to the abuse of family members. Students are not family members of the coach, so most cases of teachers abusing students are convicted and punished for intentional injury.

Tan Mintao said that in this incident, the coach beat the student, and the student was diagnosed with a mental disorder. If it is determined that there is a causal relationship between the two, then the student's injuries have reached the standard for conviction and punishment. The coach is suspected of intentional injury. If the student is seriously injured, he will be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Tan Mintao said that how to convict someone depends on the assessment of the injuries.

In his opinion, the coach's repeated corporal punishment of students for no reason went beyond the normal scope of teaching and amounted to arbitrary beating of students. If the circumstances were serious, he might also be suspected of the crime of provoking disturbances, which does not require that the victim suffer minor injuries, but requires serious circumstances.

"The 'serious circumstances' here refer to the random beating of others with cruel means, repeated beatings at random, causing serious consequences such as mental illness to the beaten person, etc.; in this case, the coach beat the student many times during the teaching process, the child's buttocks and thighs had large areas of bruises and swelling, and the student was caused 'mental disorder', all of which fall into the category of serious nature." Tan Mintao said.

(Gao Cheng and Xiao Jun are pseudonyms in this article)