What are the legal difficulties of a nanny abusing a child 20 times in 7 days despite her salary of 20,000 yuan?
With the deepening of urbanization level, people’s pace of life is accelerating, and work often takes up a lot of leisure time of people, and they have no time to take care of their families. The elderly and children who need to be taken care of at home also naturally become a headache for office workers.Faced with this problem, most people have no choice but to ask the elderly family members to help.But some people are hiring nannies because they want more professional care for their children, or because the elderly have too much time on their hands, and the nannies industry has seen a boom.But as blowout type development and come, it is the disorderly image that month sister-in-law industry lacks supervision.Some black sheep mixed with them, through the opportunity to do nanny abuse children, making the relevant cases occur frequently.Due to the fear of related cases and the concern for children’s health, some high-income families begin to choose to pay high salaries to hire in their eyes professional maternity matresses, so as to avoid the risk of children’s growth, but the fact may not be satisfactory.On February 19, 2022, Guangming.com reported an outrageous case of baby abuse by sister-in-law.Tian, who lives in Xi ‘an, gave birth to a baby boy safely last November, and her family celebrated the birth with joy.Tian was also arranged to live in the maternity club and receive intensive care.In a month center, Ms. Tian feel take care of their children’s month sister-in-law Xiao is very careful and meticulous, they decided to continue to hire her to take care of children.But as a result of the previous two husband and wife and all conflict, produced a contradiction, the signing of the contract is Xiao mou signed alone and not through the center.After the contract was signed, Xiao began working at Tian’s home in January.At the same time, the insecure Ms. Tian also installed monitoring in the room, which also foreshadowed the conflict between the two people.January 23, has been very satisfied with xiao and thanks to Ms. Tian accidentally found xiao has suspected child abuse behavior, she accidentally found xiao suspected to squeeze the baby through monitoring.Ms. Tian then called the police and made an examination of the baby on the advice of the police, to her surprise, the baby was detected by the hospital fell!Angry and terrified, the couple then retrieved the surveillance footage, though it was only seven days old due to equipment.But they were still shocked by the results!Monitoring the xiao mou in front of the husband and wife two different people, from time to time beat, squeeze, abuse baby, according to the husband and wife statistics only in these seven days, the related abuse has more than 20 times.By the time of the case, Ms. Tian to the month sister-in-law transfer salary 19,350 yuan.Although Xiao mou asks Tian lady husband and wife to forgive, but husband and wife clearly refuse.Xi ‘an police are currently investigating evidence collection.In fact, such cases are certainly not the first to happen. There have been reports of theft and abuse by some domestic workers, but the follow-up treatment is often unsatisfactory.So what are the legal difficulties in the case of child abuse related to the nanny, and how to solve it?To analyze how to solve, naturally, we need to analyze the reasons why such cases are difficult to handle.At the same time, considering the circumstances of this case, the employer’s infringement of the situation is not discussed.For the infringement of domestic service personnel, the fundamental reason for the difficult handling of cases lies in the collection of evidence.In previously reported cases, employers have found jewellery and various medicines not found in the home from their matrons’ bags.At this point, the employer couple suspected that sister-in-law stealing home property, and secretly give their children to take medicine suspected.But after reporting the case, the sister-in-law was immediately released due to insufficient evidence.Originally, because there was no other circumstantial evidence, it was difficult for the husband and wife to prove that the jewelry was found in the bag, and because the doctor told the husband and wife that the physical examination of their child might cause secondary harm, the husband and wife could not choose to extract evidence in terms of drugs.In the end, due to the lack of circumstantial evidence in the case, xu was released after the disappearance, whether it is the month center or employers are hard to find, the case has been closed.In the absence of evidence, many employers, like Ms. Tian and others in this case, have come up with ways to install surveillance, just as many kindergartens do now.But the installation raises a host of legal issues.If the employer and the nanny have consulted, of course, there is no problem.But some employers install them on their own, either out of distrust of nannies or out of fear of disapproval.Employers in this segment tend to defend themselves with arguments like: This is my home, why do I need permission to install surveillance?And my purpose is to take care of the baby, not to spy on the nanny.But such a defence is legally weak.Nannies have a right to privacy even in their employers’ homes, and if environments such as living rooms are grey areas, bedrooms are clearly not public areas.Of course, if baby-sitter is not live-in baby-sitter, however hourly worker, generally speaking domestic interior divides toilet outside, should belong to working area, also do not exist this kind of privacy problem.Nevertheless with this case January 20,000 high price, Xiao mou is the possibility of live-in nanny should be bigger.Once it is deduced that the surveillance area is an invasion of privacy, in addition to the civil liability of the employer, the criminal evidence related to child abuse is also contaminated.In China’s current judicial trial, it is temporarily unclear whether this kind of evidence can be applied, because most Chinese people are unwilling to accept the “exclusion of illegal evidence” and are more willing to pursue substantive justice rather than procedural justice.However, this kind of evidence is obviously obtained by illegal means, and the legality of evidence is obviously questionable.The judicial trend of the world is also inclined to exclude such illegal evidence. Therefore, the possibility of losing a lawsuit with the passage of time and the progress of the rule of law is bound to increase.The most appropriate way to solve this difficulty is obviously to inform and negotiate with the nanny in advance about their behavior of installing monitoring. Although this will cause opposition from some people, it will also serve as a warning.At the same time, the practice of informing in advance also maintains the legitimacy of their monitoring behavior and the legitimate rights and interests of the nanny, so that they can more easily solve the contradictions that may occur in the future, and will not make themselves in an embarrassing position of breaking the law. Obviously, the advantages outweigh the disadvantages.In addition to evidence collection, the main judicial problem in child abuse cases is the identification of nanny status.For the relevant cases, the conduct of the parties is clearly illegal, but it is more difficult to raise it to a criminal case.It mainly involves two crimes: intentional injury and maltreatment.For the crime of intentional injury, due to the need to cause more than minor injury consequences, in the general case rarely happen.After all, if there’s a minor injury, the parents will notice almost immediately that the perpetrator obviously wouldn’t do it to keep his job.For the crime of maltreatment, it involves the identity of the perpetrator.For a long time in our criminal law, the crime of abuse has been limited to family members, that is, only those who belong to the status of the family can be convicted of this crime, but the nanny obviously does not have such status, so it does not constitute this crime.This situation was not alleviated until amendment IX of the Criminal Law.Under this offence clause in the amendment, the offence of ill-treatment is expanded to include “a person in charge of guardianship or care”, which clearly falls into this category.However, some scholars and lawyers still hold different views on this amendment, believing that it is a narrowing rather than an expansion of the identity of the crime, and the identity condition should be interpreted as “a family member with guardianship and nursing responsibility”.For these two views, the author is more supportive of the expanded interpretation.In practice, nannies and nurseries tend to stay in contact longer than parents, children and their wards, and their guardianship duties make it appropriate for them to bear the responsibility of this crime.At the same time, if the relevant persons are not punished for the crime of abuse, such cases will obviously fall into the situation of innocence, which will undoubtedly cause great secondary harm to the parties and victims, and obviously violate fairness and justice.What do you think about this case?What do you think should be done about it?