People’s Daily Online, Beijing, May 27 (Reporter Liu Rong) More than 10 years ago, Ma Panyan’s three sisters in Shuanglong Town, Wushan County, Chongqing were sold as "child brides" by their guardians, and they failed to escape many times and gave birth to their children one after another. In 2016, Ma Panyan, who was only 28 years old but had a 14-year-old daughter, sued for divorce and hoped to investigate the legal responsibility of the "husband" for raping himself when he was a young girl, but was told by the police station that the case had passed the prosecution period.

　　The matter was reported by the Beijing media and quickly attracted public attention. Whether Ma Panyan’s marriage is legal or not, can the problem of "husband" or even "child bride" be solved within the existing legal framework? Some lawyers told reporters that this report was forwarded to the peer group in the industry early yesterday morning and caused a lot of discussion.

　　Fact: 12Married at the age of 14.The birth of a child at the age of 18 is not accepted by the police station as a marital matter.

　　According to current reports, in 2000, only 12-year-old Ma Panyan was "married" to 29-year-old Chen student by her then guardian and great uncle Ma Zhengsong. Ma Panyan said that Ma Zhengsong got 3,000 yuan in alimony in this transaction, while her husband’s family said that she gave 7,000 yuan and 500 kilograms of rice, but both sides had no objection to the fact that the marriage had property exchange.

　　After the "marriage" passed, Ma Panyan was forced to have sex with Chen students and was beaten. She went to the Shuanglong Town Police Station to report the case, but the police station learned from Ma Zhengsong that she had married the Chen family and thought that the matter was a family dispute, so it was not accepted.

　　Lawyer’s opinion: The police involved are suspected of dereliction of duty.

　　Xu Xilong, a criminal law expert and lawyer, believes that according to Article 236 of the current criminal law, no matter what reason you have sex with a "child bride" under the age of 14, you will be severely punished for rape. Ma Panyan was only 12 years old in 2000, 17 years older than her. Chen Mou forced her to have sex with her and was suspected of rape. When Ma Panyan reported to the police station for help, she was sent out, so this was a "family dispute".

　　"In judicial practice, even ‘ Marital rape ’ Some were sentenced, not to mention that Ma Yanyan was just a young girl who needed special protection at that time? " He pointed out.

　　Professor Zhang Jianwei, vice president of Tsinghua University Law School, holds a similar view. He thinks that the public security organs should start the procedure of accountability, and pursue the responsibility of those who should have filed a case at the beginning but did not file a case, thus causing the victims to continue to suffer.

　　Fact: I hope to rebuild my family, but I find myself "married"

　　Ma Panyan, who returned to her "home" because she failed to report the case, was repeatedly beaten and placed under house arrest. She failed to escape three times in a row and gave birth to a daughter and a son in 2002 and 2007 respectively. It was not until the fourth escape in 2008 that she regained her freedom because she had given birth to her son and was considered by her husband’s family to "complete the task" and no longer forcibly recovered it.

　　Ma Panyan, who hopes to re-establish her family, discovered in 2011 that her original de facto marriage did not know when she became a legal title: the file shows that she registered marriage with her "husband" Chen student at the age of 20 in 2008, but she said that she had never gone through any formalities or signed any documents.

　　On May 4, 2016, Ma Panyan formally filed a lawsuit in Wushan County People’s Court, asking the court to decide that she divorced Chen.

　　Expert opinion: should we choose divorce or advocate the invalidation of marriage? at variance

　　Professor Zhang Jianwei believes that this kind of "marriage" does not meet the conditions of legal marriage, and Ma Panyan should directly claim that the marriage is invalid to the civil affairs department. Xu Xilong also believes that the relevant departments should thoroughly investigate the responsible person and cancel this illegal marriage registration procedure, but for children born out of wedlock, Ma Panyan still has the legal obligation to support them.

　　Yang Xiaolin, a partner of Tianchi Hongfan Law Firm and a lawyer specializing in marriage and family law, believes from the operational level that Ma Panyan should still go through the divorce procedure: "In the practice of marriage law, the revocable marriage is usually only when the abducted woman is coerced into marriage, and then she returns home after being rescued by the public security organ, and proposes to cancel it within one year."

　　He pointed out that the defects in the marriage registration procedure in practice are quite common, and it is difficult to claim that the marriage is invalid. In particular, Ma Panyan found out that she was "married" a few years ago, but did not immediately propose to cancel it. If she enters the administrative reconsideration or judicial procedure, this may be regarded as an approval of the marriage facts. "It is difficult to win by suing the original marriage registration authority."

　　Fact: 16Rape was prosecuted again years later, and the police said that the statute of limitations had expired.

　　After many years of wandering and working outside, Ma Panyan was helped by social workers and reunited with her long-lost mother, determined to face her unresolved problems again.

　　On May 4, 2016, she reported the case to the Shuanglong Town Police Station again, accusing Chen students of forcibly having sex with them when they were underage, which was a rape of a young girl. However, the police at the police station told her that the maximum prosecution period for rape is only 10 years. Ma Yanyan is 28 years old this year and should have exceeded the prosecution period, so she will not file a case.

　　Lawyer’s opinion: The limitation of action is not calculated in this way.

　　On this issue, several legal experts hold almost identical positions: Ma Panyan’s case has not passed the prosecution period.

　　"Paragraph 2 of Article 88 of the Criminal Law stipulates that if the victim files a complaint within the time limit for prosecution, the people’s court, the people’s procuratorate and the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution. The report filed by Ma Yanyan in 2000 was exactly the case that the public security organ did not file a case when filing a case, and it was not limited by the time limit for prosecution according to law. " Xu Xilong said.

　　He also cited the first paragraph of Article 89 of the next Criminal Law, arguing that Ma Panyan’s state of coercion and infringement by her "husband" continued in the following years, and the statute of limitations for persistent crimes began from the date of the end of the crime.

　　Professor Zhang Jianwei believes that Ma Panyan was a minor when she was infringed, and her personal freedom was deprived for a long time, so she could not exercise her litigation rights by herself. Therefore, when calculating the limitation of action, the period when she could not exercise her rights should be deducted reasonably.

　　Xu Xilong further pointed out that when Ma Panyan’s uncle "married" Ma’s three sisters, they all got money from each other, and they were suspected of illegally profiting from it. They were suspected of abducting and selling women and children and should be held accountable.

　　CCTV News:From January to March this year, a total of 1,079 cases of "cracking down on pornography and illegal publications" were put on file nationwide, including more than 130 criminal cases and 541 internet-related cases.

　　According to the responsible comrades of the National Office for Combating Pornography and Illegal Publications, obscene and pornographic information is the focus of the current crackdown. In the first quarter, the department for combating pornography and illegal publications strictly cracked down on the dissemination of obscene and pornographic information through live webcasts, short videos, online literature, social groups, "two micro-ends" and other platforms, and resolutely investigated and dealt with a large number of cases of online pornography, pornography and pornography.

　　Six typical cases were reported by the national office of "eliminating pornography and illegal publications"

　　On April 18th, the national office of "eliminating pornography and illegal publications" selected six typical cases in the "net net" and "protecting seedlings" operation to make a report, expose relevant cases, deter criminals and alert industry operators and practitioners.

　　Typical case 1

　　Li Moumou, Chen Moumou and others in Lishui, Zhejiang Province made a case of spreading obscene articles for profit.

　　In April 2019, the Lishui City Task Force found out all the cases and successively arrested 8 suspects, including Li Moumou and Chen Moumou, the principals who directed and produced obscene videos; More than 100,000 obscene videos were seized, and the amount involved was more than 7 million yuan. The case was filed and investigated by the Economic Development Zone Branch of Lishui Public Security Bureau in November 2018 according to the report of the masses.

　　After investigation, from 2016 to 2017, Li Moumou and Chen Moumou filmed obscene videos for sale in the name of "Kuramoto C, underwear brother, 91 principal". Since October 2017, Li Moumou, Chen Moumou, Chen Mou, Lin Moumou and others have rented overseas servers and opened 91B1 obscene websites to make profits by selling members and recharging VIP. Zhao Moumou, Zhu Moumou and others filmed obscene videos for encryption, uploaded them to the network disk, and then sold them through the 91B1 website. In this case, more than 100,000 obscene videos were distributed, and more than 100,000 people were purchased, which were distributed in various places and overseas areas. At the end of 2018, the task force successively arrested four principals, including Li Moumou and Chen Moumou, in Guangdong and Hebei. Recently, the task force captured four people, including Zhao Moumou and Zhu Moumou, in Shandong, Hunan and Guangxi.

　　Typical case 2

　　Shenzhen, Guangdong "fast"Fairy "short video APP spreads obscene articles for profit.

　　In March 2019, Shenzhen Longgang Public Security Bureau detected the case, eradicated a large-scale pornographic short video platform, seized 110,000 obscene short videos, and criminally detained 26 people.

　　After investigation, the "Fast Fairy" APP claimed to be "adult version of Tik Tok". Since it was launched in October 2018, the page and browsing mode have all imitated "Tik Tok", but only obscene and pornographic short videos have been disseminated. Operators have also introduced incentives to reward users who upload obscene videos to the platform. As of the time of the incident, there are nearly 3 million registered users, and more than 1,000 users have uploaded obscene videos. Operating gangs have made a profit of over 10 million yuan by collecting advertising fees from gambling sites, participating in dividends, building their own gambling sites to manipulate gambling and harvesting gambling funds. On March 23rd, the police in Longgang, Shenzhen, closed the net in 15 cities across the country and arrested 26 suspects, including technology development, software operation and some active users who spread obscene videos. At present, the APP has been seized according to law, and the case is being further explored.

　　Typical case 3

　　Guangxi Guigang "June 29" spreading obscene articles for profit.

　　In February 2019, the case was transferred to the procuratorate for review and prosecution. In June 2018, the public security organs of Guigang City inspected and found that a netizen in the jurisdiction was suspected of spreading obscene video clues and filed a case for investigation.

　　After investigation, the above-mentioned netizens are the general agent and customer service of the "Pymai" obscene video website. The management team of the website has a clear division of labor and is well organized. The gang has more than 10 main members and more than 100 offline agents, involving 20 provinces in China and Malaysia, Singapore and other countries. Through the combination of website and WeChat group, the gang has developed more than 50,000 members, involving more than 13 million yuan. At the end of 2018, the task force launched a unified arrest operation, arresting 16 suspects one after another, and 14 people including Jia Mou were arrested according to law, detaining more than 50,000 pornographic videos stored in the server, and destroying 3 studios used to disseminate obscene pornographic information.

　　Typical case 4

　　Shanghai Changning "Cherry Live" APP Spreading Obscene Articles

　　In January 2019, the network inspection of Changning Branch of Shanghai Public Security Bureau found that there were some pornographic APPs in Apple’s mobile APP store, among which the "Cherry Live" app was the most popular.

　　After investigation, there are hundreds of female anchors in the APP engaged in obscene performances and spreading obscene videos, with tens of thousands of viewers and millions of funds involved. The task force of Changning Public Security Bureau went to Chongqing, Hunan, Guangdong and other places to arrest after a lot of work such as preliminary reconnaissance and fixed evidence. At present, 43 people involved in the case have been successfully arrested, all of whom have been criminally detained, and the case is under further investigation.

　　Typical case five

　　Ye Ji, Lu ‘an, Anhui Province "8 19" case of spreading obscene videos involving minors.

　　In March 2019, the case was prosecuted by the procuratorate. In August 2018, the public security organs of Lu’ an City found in their work that the website named "Zhengtai Community" disseminated obscene videos and pictures.

　　After investigation, the website was founded by Qi Moumou, the server is abroad, and there are more than 3,000 registered members. There are more than 2,000 obscene videos and more than 8,000 pictures on the website, some of which involve minors. The public security organs arrested three suspects, including Qi Moumou.

　　Typical case 6

　　Case of Spreading Child Pornography Video for Profit in "Mengmeizi" Forum in Liaocheng, Shandong Province

　　In August 2018, according to the clue that the national office of "eliminating pornography and illegal publications" was transferred, the public security organs in Liaocheng and yanggu county quickly launched investigations, cracked the case and arrested the main suspect Liu.

　　After investigation, since July 2017, Liu has rented an overseas server through a network technology company in Lianyungang, Jiangsu Province, and established a "cute girl" forum to sell and disseminate child pornography videos. A total of more than 130,000 members have been developed, including more than 400 paid members, making a profit of more than 70,000 yuan. At present, the case has been handed over to the procuratorate for review and prosecution.

　　The picture shows Chongqing Orchard Port, the China-Europe International Freight Corridor and the Yangtze River Golden Waterway are "seamlessly connected". Xinhua News Agency reporter Liu Yushe

　　The provinces and cities along the Yangtze River Economic Belt have further deepened the information exchange and business cooperation among shipping, port and cargo enterprises, and promoted the development of "ship-port cargo, water-rail and door-to-door logistics" throughout the Yangtze River, which has significantly enhanced the multimodal transport function of important ports and general ports in the Yangtze River Economic Belt and realized river-sea transport, iron-water transport and public-water transport.

　　In the cold winter, in Zengzhou Shipyard in Zhoushan, Zhejiang Province, a "big guy" is doing the final "dressing up" and preparing to perform a new mission. "It’s called ‘ Jianghai Zhida No.1 ’ For the first time in China, the bulk carrier manufactured by adopting the river-sea direct specification has completely changed the defects that the sea-going ships could not run into the river and the river-going ships could reach the estuary. " Li Dan, deputy general manager of Zhejiang Zengzhou Shipbuilding Co., Ltd., pointed to this "big guy" and told reporters: "In March this year, it will be officially put into operation, and container ships and tankers with the same river-sea direct function will also become their work in the near future. ‘ Little friend ’ 。”

　　Zhoushan, Zhejiang Province, which is famous for its island and prospered because of its port, is located at the intersection of the North-South Maritime Passage and the Yangtze River Golden Waterway. The construction of "Jianghai Direct No.1" is only a breakthrough point for it to accelerate the construction of a comprehensive three-dimensional traffic corridor in the Yangtze River Economic Belt. In fact, the exploration of river-sea combined transport, molten iron combined transport and public water combined transport in practice is expanding the "width" of the Yangtze River.

　　Jianghai Lianyun Changdayi Road

　　"If the Yangtze River Economic Belt wants to develop, we must first build a logistics economic belt. In other words, logistics must be strung together, so as to promote the relevance of the whole regional construction. " According to Xu Xiaoyue, deputy director of Zhejiang Zhoushan Islands New District Management Committee and deputy mayor of Zhoushan City, the establishment of Zhoushan River-Sea Intermodal Service Center is to use the geographical advantages of Zhoushan Tongjiang and Dahai to solve the problem of river going to sea and sea entering the river, and connect the whole Yangtze River in series from Chongqing in the upper reaches, Wuhan in the middle reaches and Nanjing in the lower reaches.

　　Not disappointed, with the help of the platform of Jianghai Intermodal Service Center, Zhoushan City has strengthened its docking with important ports along the Yangtze River, accelerated the strategic layout of bulk cargo along the Yangtze River, and signed cooperation agreements with Wuhan Intermodal Exchange, Maanshan Iron and Steel Group and Changhang Ro-Ro. Negotiate and dock with Wuhan Xingang Committee, China Airlines Company under Wuhan Port Development Investment and Wuhan Institute of Technology on the container project of river-sea combined transport; Reached a cooperation with Chongqing Port Group on river-sea combined transport of iron ore, containers and cold chain & HELIP; … The "gold content" of the golden waterway of the Yangtze River is constantly improving.

　　Now, by clicking on Zhoushan’s public information platform of river-sea combined transport, we can see that the goods coming from "the sea" are rapidly "swimming" in the Yangtze River basin. The bulk carrier Runguang No.3, which started from the 20,000-ton unloading expansion terminal of Laotangshan Phase III and loaded with nearly 15,000 tons of soybeans, left Hong Kong at 11: 00 on January 22 and headed for Taizhou, Jiangsu. The bulk carrier "Baohang No.18", which loaded 50,000 tons of iron ore at No.5 berth in Majishan Port Area of Baosteel Phase II, also had a big belly, and sailed for the destination port of Nanjing &hellip from 10: 00 on January 21st. … The data shows that in 2017, the combined transport volume of the Yangtze River and the sea is expected to reach 1.41 billion tons, accounting for about 56% of the cargo throughput of the Yangtze River trunk line.

　　Of course, there is still potential to tap the river-sea combined transport, a 20,000-ton big guy — — "Jianghai Direct No.1" is one of the potential points. "The tonnage of inland ships in the Yangtze River is generally below 10,000 tons, with a flat bottom and shallow draft, which is not stable enough after entering the sea; Because of the bridge design and deep draft, seagoing ships can’t enter the river. This means that it will take two times to load and unload during transportation, which is not only time-consuming, but also the goods will be damaged. Jianghai direct ships only need to be loaded and unloaded once, which greatly improves the transportation efficiency and reduces the logistics cost. One ton can save twenty or thirty yuan. " The account calculated by Suo Xudong, deputy director of Zhoushan Port and Shipping Administration Bureau of Zhejiang Province, shows that the smoothness of river-sea combined transport is worth looking forward to.

　　Land-sea linkage is once again deep

　　On December 25, 2009, Zhoushan Sea-crossing Bridge was opened to traffic on this day. Since then, Zhoushan has been "bordering" with the mainland all the way to the west, ending the history of being alone at sea. The huge photos in the urban exhibition hall of Zhoushan Archipelago New Area in Zhejiang Province "collect" five sea-crossing bridges, namely cengang, Xiangjiaomen, Taoyaomen, Xihoumen and Jintang, which are full of inexhaustible momentum.

　　Nowadays, on the coast of the East China Sea, piers stand on the sea, and there is another "sea passage" — — The main passage of Zhoushan Port in Ningbo is slowly spreading out. The starting point of the main channel is Fuchi Island, which connects the existing Ningbo-Zhoushan Expressway. After crossing the Fuchimen Waterway, the Fuqimen Bridge is connected with the south side of cengang Zengci Village, and then journey to the south crosses Zhoushan Island and enters the sea again. Daishan Cross-sea Bridge takes the "hands" of Zhoushan Island and Daishan Island, and finally reaches Yushan Island through Yushan Bridge. "Each of these bridges has its own special mission." Yu Shubo, director of the Development and Reform Commission of Zhoushan City, Zhejiang Province, said with emotion.

　　The Fuchimen Bridge, which is scheduled to be completed by the end of this year and opened to traffic in June next year, will effectively divert the flow of the Yongzhou Expressway and deepen the land-sea linkage. At present, the prototype has appeared; The Daishan Cross-sea Bridge, which is expected to be completed and opened to traffic in 2021, is the "dream messenger" of Daishan people. In the past, Daishan people were always trapped on the island by wind, waves and fog for nearly 50 days every year, and it is more common to queue up at ferry terminals on holidays. The construction of Daishan Cross-sea Bridge has changed this situation; Yushan Bridge is a branch line of the main channel project of Zhoushan Port in Ningbo. It is planned to be completed and opened to traffic by the end of this year, and it will become the only land channel connecting Zhoushan International Green Petrochemical Base.

　　Some experts pointed out that the construction of the main channel will greatly optimize the land transportation system between Zhoushan Port in Ningbo and the Yiwu-Ningbo open channel, and turn Zhoushan into a transportation hub from the traffic terminal, which is of great significance for further improving the location conditions of Zhoushan Islands New District, driving the construction of the core port area of river-sea combined transport and supporting major industries, promoting the integration of Zhoushan Port in Ningbo, and realizing port linkage, port-city linkage and land-sea overall planning.

　　In the long run, this is a longer "parabola": from the main passage of Zhoushan Port in Ningbo to the north, connecting Yangshan and finally connecting with Shanghai. By then, Shanghai Port and Ningbo Zhoushan Port will be integrated into one, forming an annular road network along the eastern coast of the Yangtze River Delta region, which will make the market radiation range of the Yangtze River Basin wider.

　　Two-way opening goes further.

　　A series of actions of Zhoushan, the "dragon head", have a heart along the Yangtze River. Huangshi New Port is connected by multimodal transport of hot metal and water, and the seamless connection of public, iron and water infrastructure has been realized, and the radiation capacity of the port has expanded from about 100 kilometers in general to more than 1000 kilometers along the railway line; The container freight train of "COSCO Shipping" is full of goods and leaves from the station of the first phase of Yangluo Port’s iron-water combined transport project. The whole transportation time is about 7 days shorter than that of the traditional all-water mode. At present, through the construction of a comprehensive three-dimensional traffic corridor along the river, the development of hot metal, public water and river-sea combined transport has become a hot spot, and it is the focus.

　　What’s good about multimodal transport? This has to find the answer from Wen Xinxiang, deputy director of the Yangtze River Navigation Administration Bureau of the Ministry of Transport. It is reported that Xinxiang said that in terms of transportation capacity, a 5000-ton ship is equivalent to 100 cars and 100 railway wagons. If the general ledger is calculated, the annual freight volume of the Yangtze River trunk line is equivalent to about 70% of the national railway freight volume; In terms of cost, water transportation is only about 1 minute and 5 cents per ton-kilometer, the railway is close to 0.3 yuan, and the highway is the highest to 1.1 yuan. "That is to say, the price of tons of kilometers of water transportation is cents, the price of railways is cents, and the price of highways is yuan yuan. The difference is still very big." Not only that, in terms of energy consumption and emissions, water transport is much smaller and lower than roads and railways. It is self-evident that it is necessary to vigorously build the golden waterway of the Yangtze River and attract more suitable water sources to transfer to waterways.

　　However, if you are happy to see the advantages, you must find the problems clearly. At present, most of the multimodal transport in the Yangtze River basin still stays in the simple superposition of transport segments, and the "linkage" of transport organizations in documents, dispatching and business connection is still very lacking. The development model of multimodal transport in the Yangtze River Economic Belt needs to be innovated urgently. After finding the problem, we should start to solve it. At the end of last year, the Yangtze River Port and Shipping Logistics Alliance Full-course Logistics Professional Committee was established in Wuhan, aiming at further deepening the information exchange and business cooperation between shipping, port and cargo enterprises, promoting the development of "ship-port cargo, water and rail, door-to-door" full-course logistics in the Yangtze River, and significantly enhancing the multimodal transport function of important ports and general ports in the Yangtze River Economic Belt, which is a "prescription".

　　Multimodal transport makes the Yangtze River change from one-way opening in the West and Middle East to two-way opening, connecting the inland and the world, and it will face a broader and more dynamic market. (Economic Daily China Economic Net reporter Niu Wei)