Interpretation of the drama | Legal knowledge points involved in the TV series "The Hidden Corner"! _"Shall we go hiking together?" "Do I still have a chance?" These memes have become popular in the entire social circle recently! Sourced from the TV series "The Hidden Corner" "The Hidden Corner", the intense plot rhythm combined with the thrilling music in film and television works, made many viewers sweaty palms and chilly backs in the hot summer~ The drama is adapted from Zijin Chen's mystery novel "Bad Kids", which tells the story of three people in a small coastal town. Two children accidentally photographed and recorded a murder while visiting a scenic spot, and their adventure began. The complicated and confusing case has entangled several families and led them to an unpredictable future. The confusing case and the interweaving of "fairy tale" and reality make "The Hidden Corner" a masterpiece of reasoning and brain-burning. _ Many people are discussing issues about children’s education. As legal professionals, of course we have to explain what legal issues are involved in the play from a legal perspective~ Let’s follow lawyer Tan Yingying from Henan Pufeng Law Firm and follow the legal points Explore this "hidden corner" 1. Intentional homicide: The first scene of the TV series shows Zhang Dongsheng taking his father-in-law and mother-in-law to take pictures of the scenery on the top of the mountain. He took the opportunity to push his father-in-law and mother-in-law off the cliff, completing a shocking murder. After careful planning, Zhang Dongsheng took his parents-in-law to climb a mountain. He had the subjective intention of pursuing the death of his parents-in-law, but actually carried out the act of pushing his parents-in-law off the cliff, which resulted in the death of his parents-in-law. After the male protagonist Zhang Dongsheng in the TV series was suspected by the police, he had the idea of ????suicide, and then he induced one of the children, Zhu Chaoyang, to kill himself. Here is a special reminder: Even if you are induced to kill others, you still need to bear legal responsibility: "If Zhu Chaoyang commits the act of killing Zhang Dongsheng, as long as Zhu Chaoyang is over 14 years old and reaches the age of criminal responsibility in our country, he will be held accountable. Zhang Dongsheng is responsible for instigating Zhu Chaoyang to kill himself. As long as Zhu Chaoyang is over 14 years old and reaches the age of criminal responsibility in our country, he will be held responsible for intentional homicide. Zhang Dongsheng is responsible for instigating Zhu Chaoyang to kill himself. "Legal basis: According to Article 232 of the Criminal Law, whoever commits murder intentionally shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; if the circumstances are less serious, he shall be sentenced to not less than three years and ten years." The following is a term of imprisonment. _ 2. Can the video be used as evidence in the case? When Zhang Dongsheng took his father-in-law and mother-in-law to climb a mountain, he asked his father-in-law: "Do I still have a chance?" The father-in-law said that he and his daughter would not be happy if they continued to be together. Later, Zhang Dongsheng personally pushed his father-in-law and mother-in-law off the cliff while taking pictures. When Zhu Chaoyang was videotaping Pupu, he happened to record this scene. Video recordings are audio-visual materials in the evidence category and can generally be used as case evidence. However, as a type of evidence with a relatively high technical content, video recordings are more likely to be tampered with technology than physical evidence and documentary evidence, leading to inaccuracies. Therefore, when making determinations, Certain conditions need to be met. Legal basis: According to the provisions of Article 92 of the Interpretation of the Criminal Procedure Law, in a criminal case, if a video is used as case evidence, the following contents need to be reviewed: (1) Whether there is an explanation of the extraction process, and whether the source is legal; ( 2) Whether it is the original, whether there are copies and the number of copies; if it is a copy, whether it is accompanied by a description of the reason why the original cannot be retrieved, the process of making the copy and the storage location of the original, and whether the producer and the original audio-visual material holder are Signature or seal; (3) Whether there are any violations of laws and relevant regulations such as threatening or luring the parties during the production process; (4) Whether the identity of the producer and holder, the time, place, conditions and method of production are stated ; (5) Whether the content and production process are authentic, and whether there are any edits, additions, deletions, etc.; (6) Whether the content is related to the facts of the case. If there is any doubt about the audio-visual materials, they should also be authenticated. 3. When his half-sister fell from a building, would Zhu Chaoyang be held responsible if he "failed to save her"? Pupu deceived Zhu Chaoyang's half-sister Zhu Jingjing into the grocery store and warned her not to bully Zhu Chaoyang again. , Zhu Chaoyang also rushed over after seeing it. Zhu Jingjing stood by the window and slipped and fell from upstairs. Her clothes fragments hung on the branches outside the window. Regarding the truth behind Zhu Jingjing’s fall from the building, some people believe that Zhu Chaoyang “failed to save her”. To analyze Zhu Chaoyang's responsibility, we first need to analyze whether Zhu Chaoyang, as Zhu Jingjing's half-brother, has a legal obligation to rescue her. According to Article 26 of the General Principles of the Civil Law, parents have the obligation to support, educate and protect their minor children, and adult children have the obligation to support, support and protect their parents. But for brothers and sisters, factors such as whether they can afford it and whether there is a custody relationship also need to be considered. Specifically, between Zhu Jingjing and Zhu Chaoyang, although they are half-brothers and sisters, they do not live together. As a minor, Zhu Chaoyang neither has nor can act as Zhu Jingjing's guardian or caregiver, nor can he. They have legal obligations to rescue them. On the premise that there is no legal obligation to rescue, it is necessary to consider whether Zhu Chaoyang's prior behavior in the grocery room put Zhu Jingjing in a dangerous situation or even caused her to fall from the building.

If it was Zhu Jingjing who stood beside the window in excitement and slipped and fell, obviously it cannot be blamed on Zhu Chaoyang; but if Zhu Chaoyang forced Zhu Jingjing to climb onto the window sill in the grocery room and caused her to fall, the result was due to Zhu Chaoyang's danger Triggered by the behavior, he must have the obligation to rescue. Depending on his different mentality towards the result of Zhu Jingjing's fall (indirect intentional or overconfident negligence), it may constitute intentional injury causing death or negligence causing death. _ 4. What is the nature of using other people’s criminal evidence to ask for money? It is extortion! When Zhang Dongsheng committed the crime, he thought he had left no evidence, but he did not expect that he had already been photographed by three children. In order to save Pupu's sick brother, the three children threatened Zhang Dongsheng to hand over criminal evidence to the police in order to extort 300,000 yuan. The three children were about to start a chase and confrontation with Zhang Dongsheng. Legal basis: According to Article 274 of the "Criminal Law", whoever extorts public or private property for a relatively large amount or for multiple extortions shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; Amount If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be fined; Crime of extortion: In fact, it refers to the act of forcibly extorting public or private property by threatening or coercing the victim for the purpose of illegal possession. The process of extortion: Implementing threats and other methods - causing psychological fear in the victim - the victim delivers property based on fear. A child's nature, coupled with precocious maturity, will use naive means to achieve goals that appear to be right. They have a vague understanding of the adult world, have no concept of money, and only distinguish between right and wrong when it comes to crime, which actually constitutes the crime of extortion. 5. Is Zhu Chaoyang’s lying when the police investigated the case considered perjury? In order to investigate the cause of Zhu Jingjing’s death, the police came to Zhu Chaoyang’s house to ask about the situation that day. The police asked about the last time Zhu Chaoyang and Zhu Jingjing met. He said that the last time he saw Zhu Jingjing was when his father took her to buy sneakers. On the day of the accident, he went home after attending the summer math Olympiad class and never saw Zhu Jingjing. Zhu Chaoyang's behavior was to conceal from the police that he saw Zhu Jingjing in the grocery store and witnessed Zhu Jingjing falling from the building. Whether his behavior constituted perjury requires further discussion as to whether Zhu Chaoyang is a witness or a party in this case. When Zhu Jingjing fell from the building, Zhu Chaoyang and Pupu were both at the scene, and there was a verbal dispute between the three. They were not independent third parties outside the case. Therefore, regardless of whether the case was deemed an accident or a criminal case, , Zhu Jingjing, Zhu Chaoyang and Pu Pu are all parties to this case, not witnesses. As a party in this case, Zhu Chaoyang made a false statement to the police, which can be considered as forged evidence (the statement of the party/defendant is documentary evidence). According to the provisions of Article 60 of the Public Security Administration Punishment Law, he can be detained for not less than five days but not more than ten days, and A fine of not less than 200 yuan but not more than 500 yuan shall be imposed; the same penalty applies to witnesses who provide false testimony. In criminal cases, it is common for criminal suspects to make false statements to the public security organs. This is an act of concealing the facts of their crime and is related to the crime itself. It will not be punished separately, but will be reflected in the sentence. _ 6. What is the nature of Zhu Chaoyang being isolated by his classmates because he did not help his classmates cheat during the exam? Zhu Chaoyang, an honest and good student, was bullied and isolated by the boy because he did not help his classmates cheat during the exam. Although the classmates did not respond to him. It inflicted serious harm, but also made his character more withdrawn. In recent years, campus bullying incidents have occurred from time to time. In a society governed by the rule of law, bullies in campus bullying incidents should bear legal responsibility for their actions. Those who are bullied have the right to demand that the bully and even the school bear corresponding responsibilities in accordance with legal provisions. Legal basis: According to Article 17 of the Criminal Law, a person who has reached the age of 16 commits a crime and shall bear criminal responsibility. A person who is over fourteen years old and under sixteen years old shall bear criminal responsibility if he commits intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or poisoning; if he is over fourteen years old If a person under the age of 18 commits a crime, he shall be given a lighter or reduced punishment; if a person is not subject to criminal punishment because he is under the age of 16, his parents or guardians shall be ordered to discipline him; when necessary, he may also be taken into custody by the government. Bullying on campus occurs from time to time. In view of the fact that most of the perpetrators are minors, from the perspective of protecting minors, they are generally punished lightly, but this does not mean that they will not be punished. Once the behavior causes serious consequences, they will be held criminally responsible. responsibility. To add: In 2016, the Office of the Education Steering Committee of the State Council issued the "Notice on Carrying out Special Management of School Bullying" to specifically deal with school bullying, which defines school bullying as: deliberate or malicious use of physical, verbal, and online means between primary and secondary school students. , bullying, insulting and causing harm. 7. What are the consequences of slandering others as murderers on the radio? There was blood in Zhu Jingjing’s mouth, which was tested to be from a woman. The police believe that her fall was not an accident. Zhu Jingjing’s mother, Wang Yao, suspected that Zhu Chaoyang’s mother, Zhou Chunhong, had killed her daughter. So he ran into the broadcast room of Zhou Chunhong's workplace and used a loudspeaker to say that Zhou Chunhong was a murderer and had killed his daughter Zhu Jingjing. Both the General Principles of Civil Law and the Tort Liability Law stipulate that citizens’ right to reputation is protected by law, and anyone is prohibited from infringing upon citizens’ right to reputation by insulting, slandering, etc.

Wang Yao went to the scenic spot where Zhou Chunhong worked and claimed that Zhou Chunhong was the murderer of her daughter based on her own inference without any evidence. This was obviously a fabrication of facts (rumor making), and her intention to slander and disparage Zhou Chunhong's reputation has already been reflected in her behavior. The work unit has caused serious adverse effects and constituted an infringement on Zhou Chunhong's reputation. According to the provisions of Article 15 of the Tort Liability Law, Zhou Chunhong shall be responsible for eliminating the effects, restoring reputation, and making an apology. 8. What is the nature of Jingjing’s mother’s beating of Zhu Chaoyang in the street? It is a crime of picking quarrels and provoking trouble! After Jingjing’s mother saw Zhu Chaoyang appear on the surveillance camera, she nervously thought that he was the murderer of Jingjing’s death, so she beat Zhu Chaoyang in the street near his home. Notices were plastered all over that Zhu Chaoyang was a murderer, and a radio was broadcast at Zhu Chaoyang's mother's workplace saying that Zhu Chaoyang's mother was a murderer. Legal basis: According to Article 293 of the Criminal Law, anyone who commits one of the following acts of provoking quarrels and provoking trouble, disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance: (1) Anyone who beats others at will and the circumstances are egregious ; (2) Chasing, intercepting, insulting, and intimidating others, the circumstances being serious; (3) Forcibly taking or arbitrarily damaging or occupying public or private property, the circumstances being serious; (4) Making trouble in public places, causing public disturbances; ***The order of the place is seriously disordered. Whoever gathers others to commit the acts mentioned in the preceding paragraph multiple times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined. Tip: Reputation is the social evaluation of a civil subject’s moral character, reputation, talent, credit, etc. According to Article 1024 of the Civil Code: Civil subjects enjoy the right of reputation. No organization or individual may infringe on the reputation rights of others by insulting, slandering, etc. 8. Protection of minors Zhu Chaoyang himself is a "good boy" with excellent academic performance. However, the bullying by his classmates, the pressure from his mother, and the absence of his father made him develop a withdrawn and introverted character. After two "bad kids" Yan Liang and Pu Pu intervened in his life, the three of them gradually went in the wrong direction. On October 27, 2006, the "Law on the Protection of Minors" was revised. Add the following content: Parents or other guardians should create a good and harmonious family environment and perform their guardianship and support obligations for minors in accordance with the law. The whole society should establish a good custom of respecting, protecting and educating minors, and care for and care for minors. On October 26, 2012, the "Law on the Protection of Minors" was revised for the second time. On October 26, 2019, the 14th session of the Standing Committee of the 13th National People's Congress held a group meeting to review the draft revision of the Law on the Protection of Minors. This is the third "overhaul" after 2006 and 2012.