Inventory of 2009:2009 year impact litigation cases
Created:
/Author:
Aaron Lewis
The 2009 annual impact litigation cases
1, Zhang Hui encounter traffic entrapment in administrative litigation is obtained
Case: in the afternoon of September 8, 2009, Zhang Hui drove passenger in Shanghai city Minhang District North Pine Road No. 1358 was the Minhang District traffic law enforcement brigade seized, because not law enforcement unit to engaging in the taxi business behavior is no operating permit, administrative punishment decision to make, Zhang Hui in September 28 to the Minhang District people's court for revocation of the penalty decision.In November 19th, Shanghai City, Minhang District court hearing the case, the court decision defendant's illegal administrative punishment decision.
Influence: the administration according to law, and regulate the exercise of administrative power is a very difficult topic in our country has been facing, fishing law enforcement is exposed is the abuse of administrative power, is a result of damaged the credibility of the government.Zhang Hui to the administrative proceedings the way the innocent, but also embodies the function of judicial supervision of administrative power, which is the system design.
2, Sun Weiming drunk driving causing death to endanger public safety first conviction
Case: in December 14, 2008, Sun Weiming drunk driving traffic accidents, causing 4 deaths, 1 wounded.In July 23, 2009 September 8th, Chengdu, Sichuan Province, City Intermediate People's Court of first instance to "the crime of endangering public safety," Sun Weiming was sentenced to death, Sichuan Provincial Higher People's court Sun Weiming commuted to life imprisonment.
Influence: the age of the automobile traffic accident has become the first big killer to people's life safety, punish the serious traffic accident, traffic accident to the crime of endangering public security with the majority of social psychological needs.It is the first time for China to harm public security crime of traffic accident responsibility for criminal punishment, it is systematic significance.
3, high price of cigarettes, Zhou Jiugeng meets the Network Anti-corruption jailed for eleven years
Case: in December 10, 2008, then Secretary of Jiangning District Property Bureau Zhou Jiugeng accepted the joint interview 9 Nanjing media throws "for developers below cost sales prices, the next step will and price departments together to investigate" remarks.Soon users search for Zhou Jiugeng in a meeting speech when the smoke is a 1500 yuan day price smoke and wearing a watch, cars, inconsistent with the job income, weeks and the departments concerned.At the beginning of 2009, Jiangning District Commission for Discipline Inspection, decide to initiate the investigation of Zhou Jiugeng.In September 4, 2009, the Nanjing City Intermediate People's court began hearing the case of Zhou Jiugeng, the prosecution alleged, Zhou Jiugeng served as director, Jiangning District Civil Affairs Bureau in 2003 to 2008, the Jiangning District Real Estate Board, received 9 people bribery, bribery amount is 1070000 yuan RMB and HK $110000.In October 10, 2009, Jiangsu Province, Nanjing City Intermediate People's Court: Zhou Jiugeng commits bribery crime, sentenced to 11 years in prison, the confiscation of property of 1200000 yuan.
Influence: the case has led to the 2009 a new word "Network Anti-corruption", but it is the network anti-corruption as it is a national anti-corruption, poured into the new vigor vitality for the fight against corruption.Zhou Jiugeng case is an important achievement of network anti-corruption, further proof of the importance of network anti-corruption, highlights the huge power network anti corruption.The network supervision, although the civil behavior, but its powerful function of supervision, has been the official attention.
4, the principals of the two Kaiping Xu to six charges in the USA sentenced
Case: Xu Chaofan et al. From the beginning of 1991 and China Bank branch in Kaiping, former president Yu Zhendong to steal Chinese bank assets, a total of $483000000.Time of the incident, 3 people and their wives have fled to American.America Western time in May 6, 2009, American court Federal District of Nevada to make judicial decisions, Xu Chaofan because of the crime of corruption, money laundering, organization of interstate theft, fraud, money carry passport visa fraud, marriage fraud and other six charges, was sentenced to 25 years in prison; Xu Guo Jun on the same charges, was sentenced to 22 years in prison; Xu Chaofan's wife Kuang Wanfang for passport fraud, visa fraud, marriage fraud, was sentenced to 8 years in prison; Xu Guojun's wife Yu Yingyi for the same crime, sentenced to 8 years in prison.
Influence: because of the existence of legal obstacles to extradite, once made some countries become corrupt officials park.The case shows the world: no matter how cunning criminals fleeing abroad, through the international criminal judicial cooperation, can make the fugitive outside their country of citizenship of the country or region to be convicted, which reflects the real God, be loose but never miss.
5, the illegal discharge Hu Wenbiao case head by using toxic substances conviction
Case: in August 14, 2009, Jiangsu Yancheng City Yandu District People's court to the crime of spreading poison, Yancheng City "2 · 20" major water pollution incident, the suspect salt city BiaoXin chemical industry limited company chairman Hu Wenbiao was sentenced to 10 years in prison, combined with other crimes, Hu Wenbiao decided to perform a period of 11 years.
Impact: This is the first since the new Chinese established by using toxic substances cause significant environmental pollution accident crime, illegal discharge of the parties.In the background of the increasingly serious problem of environmental pollution China under a judicial decision, which undoubtedly has a strong deterrent effect and symbolic significance.
In 6, Luo Caixia was the initiator of evil take another's place by counterfeiting university two crimes
Case: students in Hunan province Shaodong County Luo Caixia was Wang Jiajun students take another's place by counterfeiting, lose university admission notice, but to repeat a year; in October 26, 2009, it made the first instance judgment, case of the initiator of evil, Wang Jiajun's father Wang Zhengrong was forged certificates of state organs for the crime, was sentenced to two years in prison, execution, a period of 4 years.
Influence: the case triggered shock is not for Wang Zhengrong, but that it is once again the basic constitutional rights -- the right of name, the right to education the question put to the people's front.
7, the China Environment Federation launched the first case of environmental public interest litigation mediation
Case: in July 6, 2009, Jiangsu Province, Wuxi City Intermediate People's Court issued a notice of accepting the case, the formal Federation v. Jiangsu Jiangyin Port Container Company Limited environmental pollution infringement dispute case on the Chinese environmental protection.This marks China's first from the environmental community as the plaintiff of environmental public interest litigation in full swing.In September 22nd, the China Environment Federation received Jiangsu province Wuxi City Intermediate Court of civil mediation, the case ended with mediation.
Influence: the environmental pollution in our country becomes more and more serious today, with legal action Protect environment is a feasible and effective way, but the action of the main problem is always a big problem, people look forward to public welfare litigation to solve this dilemma.Although the first environmental public interest litigation ended with the withdrawal, but its pioneering significance to the case into public view.
8 Zhang Jian stabbed to death, violence demolition are excessive defense sentenced to three slow five
Case: in 2008 May, Zhang Jian and Benxi Huaxia integrated real estate development company limited dispute, relocation agreement in May 14th, Zhang Jian and the staff of the company in the process of conflict and stabbed Zhao Jun security.In September 4, 2009, the Benxi city intermediate court verdict, the defendant Zhang Jian crime of intentional injury, but has a "surrender" plot, and the Department of "excessive defense", was sentenced to three years in prison, five years probation.
Influence: Although the real right law of our country has promulgated more than two years, but the demolition, the demolition problem has not been fundamentally resolved, the property rights of citizens has not been effectively protected.The law alone is not enough, the protection of property of civil legal needs legislation, the need for more active as justice, Benxi City Intermediate People's court decision to release a positive signal.