The college entrance examination composition material: in 2009 ten major litigation cases description of content and opinion extraction

 

 

1 "hide and seek"

◆ [case]

The 24 year old Li Qiaoming strange died in the guard, the public security organ to explain death and the same prison room inmates play "hide and seek" caused by game, more than 10000 netizens questioned. After the investigation showed that Li Qiaoming was fellow prisoners intentionally beat to death. Kunming City Intermediate People's Court of intentional injury causing Li Qiaoming's death "jailhouse bully" were sentenced to life imprisonment and imprisonment. Songming County Court on the original police Lee to be forgetful of one's duties crime and abuse regulated human sin, judgment.

◆ [effect] who guards the "detention"?

"Hide and seek", a relaxed game childlike, when a symbol which occurs in peek-a-boo events of violence in the detention center, but also into the murder of violence, and of common sense to conceal the truth. The episode is a reminder of the detention center should also be " guard"! The main problems exposed, such as the existence of jailhouse bully, lax management reality, in the room of the supervision, attracted great attention and reflection of the whole society, and in the judicial field directly cause a series of change trend.

◇ [] Mao Yushi can load absurd records around the world

A young man while in detention died not clear. Police said the reason is playing peek-a-boo killed. The reason is not credible, resulting in "hide and seek" in 2009 to become the most popular word. Not only in the China, this event can be loaded into the absurd world record. Similar events are many, in public power, not afraid of other people do not believe, also not afraid of their own joke, though himself a little truth to all have no, also dare to make irresponsible remarks, so regardless of the face, will completely lose the trust of the people, will only be a dead end.(Institute of well-known economist, the Unirule Institute of Economics)

In 2 open chest labor arbitration

◆ [case]

Migrant workers Zhang Haichao began working in handyman, crushing, press and other harmful types of work in Henan, Xinmi from 2004, after the hospital diagnosis for pneumoconiosis, but Zhengzhou city occupation disease prevention and control of the diagnosis for pulmonary tuberculosis. Zhang Haichao proved to be the occupation disease "pneumoconiosis" rather than "at the expense of pulmonary tuberculosis, lung". Zhengzhou city occupation disease prevention and control of the overthrow of the previous diagnosis, diagnosed as "three pneumoconiosis". Zhang Haichao apply for labor arbitration, mediation by Zhang huopei 61 million.

◆ [effect] heavy body protection

"Lung" case is the 2009 1 edition of health adults. It is based on the serious bodily self harm, completed a labor arbitration evidence. "Lung" is the citizen's self inhuman treatment and self medical experiments. The citizen is not become bitter obstacle Le, is forced to. When his stunning move has attracted media attention, have fair arbitration subsequently. "Lung" is a constant reminder: when China to the factory of the world proud, Chinese laborer rights protection mechanism and the right relief mechanism is mind sincerely open to employees?

◇ [Xu Youyu] think they dug heart

Reportedly, than to prove their loyalty to the king Zhou of Shang, splits the heart and died, but that was rebuked tyrants ancient legend. Unexpected is, the story open chest but in today's Chinese! Angrily, I really want to let Zhang Haichao's boss, what occupation disease prevention and control are also a thoracotomy, let us have a look out their heart lung.(Philosophy China Academy of Social Sciences researcher)

3 Tang Fuzhen "anti violence law"

◆ [case]

Because of dissatisfaction with the minimum amount of compensation and not by the urban management and Law Enforcement Bureau decided to dismantle, Tang Fuzhen himself spilled gasoline and set himself, after the rescue invalid death. Chengdu Jinniu District urban management and Law Enforcement Bureau to complete removal of the day. Jinniu District Public Security Bureau of the 7 suspected criminals (Tang, Hu two relatives) implementation of the criminal detention.

◆ [effect] extreme tragedy, "Ordinance demolition"

The Tang Fuzhen case is the 2009 2 edition of body protection. So far, the highest version that is in the world the rights of citizens. She chose to destroy my body, to defend rights; or, she believed her when she is offering to die, the living will for her rights. The raging fire, drew the "demolition" removal regulations "" law. Subsequently, the Peking University five academics, Legal Affairs Office of the State Council actively respond, then people put Tang Fuzhen and Sun Zhigang tied. However, the two parallel case, not the law of the hymn, but a question: why the law obviously inappropriate, but no change in the tragedy happened before?

◇ [he] is the source of land monopoly

The Tang Fuzhen tragedy shocked the world. If you do not fundamentally solve the problem, a similar tragedy will continue. The land expropriation and housing demolition disputes more deep rooted in the land of state monopoly. Because of monopoly, occupies and user's bargaining power inevitably weak, determine the compensation standard is also a lack of market credentials. Land ownership monopoly also led to the national housing construction in the general short-term mentality, track the city construction never entered the natural growth. In addition, the judiciary is not neutral and exacerbated the difficulty of the problem. If the court to restrict power, safeguard fair platform for civil rights, Tang Fuzhen does not need to face the government's violent, not self immolation. Extensive preventive effect of justice has not basic understanding, it is sadly sign!(Professor of law at the Peking University)

◇ [River] Yiping a brutal means hope

The tragic life to move Tang Fuzhen to protect private property, refraction of the ordinary citizens to seek legal protection of private property and helpless and hopeless. A constitution, and a real right, still can't keep a good removal regulations, so that the former has given rights of citizens "legal inviolability of private property", the latter can be easily deprived. Tang Fuzhen death let many people thought of Sun Zhigang. Especially after the five scholars wrote to the National People's Congress, people look forward to the end of tragedy can get a bad law. This is a brutal means expectations: at the cost of life, promote the progress of the rule of law Chinese. If can put forward to become a reality, is for those lost lives the best memorial -- really practice the rule of law, to restrain public power, protect the private right.(famous journalist)

The 4 case of Deng Yujiao

◆ [case]

Hubei Yesanguan Badong County hotel waitress Deng Yujiao for not services from specific bath, with a fruit knife stabbed investment office director Deng Guida to death. Badong County Public Security Bureau on suspicion of intentional homicide of Deng Yujiao criminal detention. The excited network questioned, an ordinary criminal cases quickly became one of the 2009 largest public event. The court verdict: Deng Yujiao commits the crime of intentional injury, may be exempted from criminal punishment.

◆ [effect] from the ordinary criminal case to the largest public event

If not for the "official with the waitress," so there is a wide gap between the main power elements, if not for the government and the people have broken the social background, the Deng Yujiao case was just an ordinary criminal cases. But precisely because Deng Yujiao case with the above conditions, the ordinary criminal cases gradually become a public event the. Deng Yujiao can have the "guilty impunity" results of the first trial, superb response to an important role from the public attention, support for their public factors and law enforcement agencies. How to seek balance in the game of public opinion and the judicial rationality, and efforts to eliminate the weak law and good governance is the case of complaints, the enlightenment and the reflection of our.

◇ [] humanity Linghu added

The case of Deng Yujiao spread via the Internet, has become a legend, like the lake storm meal. The girl Deng Yujiao, was to "women", "a touch of Zen" in the name, the world preaching. "Women" faithful uprising, die rather than submit, but the old times.'. "A touch of Zen" Wu Yi near the body, the hoe evil greatly, but life is not illusion. The name does not correspond to a weak woman. Deng Yujiao live in the present, her youth, beautiful, but a humble, by working as a waitress to make a living in the city of bath, unscrupulous Zhe Qiang as the transaction object, unbearable, hand blade perpetrators. There are silhouetted against the network of rivers and lakes, yesangguan Town, became the superior to cast magic of opinion. Under the net, interaction such as instrument, until the legal range, weak woman Deng Yujiao from the penalty and free, to storm out. The case of Deng Yujiao, the seemingly "arena of moral" be done, but the world may have rivers and lakes, reality is not martial arts. So it is a victory for justice, legal, human beauty.(network news commentary person)

5 "fishing" law enforcement

◆ [case]

Shanghai citizen Zhang Hui drive in Minhang District City People's taking, the traffic administrative law enforcement brigade seized, and engages in taxi management behavior is no operating permit, make a decision on administrative penalty. The case caused the people throughout the country in 2009 to "fishing" law enforcement question boom. Zhang Hui to the Minhang District court administrative proceedings, requesting revocation of the administrative punishment decision, the court decision of administrative penalty decision defendant's illegal.

◆ [effect] "entrapment" behind the Shanghai is doing two things, one is the establishment of an international financial center and an international shipping center, is preparing for the 2010 World Expo two. These two things are required a high degree of rule of law, and it is not just the perfect law text, but law and applicable to the implementation of justice, transparent, civilization. If you have not done, then Shanghai should bid for a rule of law civilization. "Entrapment" case ending, citizen Zhang Hui get justice, this is a chance of victory, or a fair start of a wave, it depends on various "fishing" mechanism "to reflect and improve how much.

◇ [Zhang Ming] with the triad fraud as bait

Entrapment, in form, is a trap. In essence, with the underworld with bait fraud, there was not much difference. In this particular case, the so-called fishing, is actually used by anglers. Such fraud, even in the underworld, the most despised. However, behind this law enforcement, in fact reflects the expansion of state organs. We found, fishing authority, is the so-called urban traffic law enforcement unit. Urban transportation, in fact is not legitimate. But the existence of such a mechanism, you must feed the people, the people, have income. Urban management to have income must use the power of government, whether or not such legal power, have allowed higher authorities, but also on the line. Finally, in order to ensure the income, only fishing.(a history professor at the Renmin University of China)

 

The 6 Henan Lingbao "cross a province to capture"

◆ [case]

Work in Shanghai, Wang Shuai in Lingbao City Hall hometown Henan Nanyang Cun Da Wang Zhen illegal expropriation of large tracts of arable land situation, land office, Sanmenxia Land Bureau, Lingbao City Land Bureau of Henan province to the call report, no results. 2009 years February posted "drought trick" Henan Lingbao farmer of a group of photos on the Internet, alluding to the local government of illegal land requisition, causing the network concerned, by the local public security bureau of Shanghai province to detention, the libel, slander government drought relief ineffective. The detention of 8 days later, police said the lack of evidence, Wang Shuai was released on bail. The case caused a great public attention. "Inter provincial hunt" into the annual hot words. After the Lingbao City Hall apologize to Wang Shuai, Wang Shuai won the national compensation 780 yuan.

The legal boundary [effect] freedom of expression

A post from eight prisoners, Wang Shuai was convicted for words not convince people to "method". Henan Lingbao City Public Security Bureau of Wang Shuai's inter provincial hunt behavior more friends for "law enforcement as personal spite". The Constitution provides that: citizens for any state organ or functionary, have the right to criticize and make suggestions. Then, when a citizen by posting the way to exercise this right has attracted the detention of woe. Our reflection is: limits of criticism and slander in where? The government should be how to deal with criticism and questioning of citizens.

◇ [Yi Zhongtian] called "magic jade"

From the "inter provincial hunt", to "public apology", the transformation of Henan officials and the police, so that our construction of rule of law and a step forward. But, this is only "the long march out of the first step". The issues to be discussed are: one, in accordance with the criminal law, defamation belongs to "a case of private prosecution". Citizens have the "Prosecution", the government can exercise? Two, if the government can use this charges arbitrarily charged citizen, the citizen's right to know, right to participate, to express and right to supervise, and how to achieve? Three, citizens in the exercise of these rights, and can not guarantee that every sentence "accurate", how to ensure that citizens will not for words "sin"? It seems, the Constitution gives every citizen's "freedom of speech", also need to have effective protection. In the case of Lingbao, they call this a "magic jade".(a history professor at the Xiamen University)

The 7 Hangzhou "racing"

The defendant Hu Bin is the dock trial. Graph / Xinhua News Agency reporter Fang Yibo

◆ [case]

In 2009 May, Hu Bin drove the fly is across the road at the age of 25 university graduates Tan Zhuo, died on the spot to tan. A preliminary investigation announced that 70 kilometers per hour speed police presence, the vehicle refitting, if a person walking on the zebra crossing is unknown, a group discussion, after the expert survey, when Hu Bin speed between 84 and 101 kilometers per hour. Hangzhou City Public Security Bureau under the pressure of public opinion on the previous "70 yards" statement apologizing to the public. Hangzhou Xihu District court sentenced Hu Bin to 3 years in prison.

◆ [effect] "two rich generation" crime

The perpetrators Hu Bin on suspicion of the crime of causing traffic casualties were detained on criminal charges, faces 3 years in prison, but difficult to anger. Drag racing behavior than general traffic accident to harm the public safety is more serious, some experts will drag racing as "ignore is particular public safety". How to use the criminal law is the legal blind racing behavior, in the case of storms. At the same time, the preliminary investigation on claims of traffic police accident when the vehicle speed of 70 km, also caused a deep thinking -- for if the circumstances are especially serious, society especially big accident investigation and handling, how to do a more open and fair?

◇ [long] no label injustice

Hangzhou racing case were "innocent" with a lot of tags. I've always wanted to take the matter on its merits, not to expand the public opinion, don't label. However, if do not have these labels, this event is not likely to become public event of heckling, will not cause the wide attention, thus forming a strong pressure of public opinion. In this way, it really "take the matter on its merits to master" in police hands, handle according to "tendency in 70 code". Miserable place right here, incident, innocent life deprived of, not enough attention, more may not get fair treatment. It must also have enough label, let a netizen anger, let the mayor instructions, to find the direction to justice.(the media)

8 take another's place by counterfeiting "Luo Caixia"

◆ [case]

In 2009 March, Tianjin Normal University student Luo Caixia to the bank to open online banking, found the original examination of university students were Wang Jiajun take another's place by counterfeiting, they live in a drum to repeat a year. Luo Caixia will take the infringement on right of name, the right to education filed a civil lawsuit to the Xiqing District Court of Tianjin city, Sue Jia Jun, Wang Zhengrong Wang, Guizhou Normal University and other 7 units and individuals, but the three application case was rejected, so far no fruit.

◆ [effect] power and the enrollment system of peace

This has been designed to be "strong defense preparations" system of defense, how will be again and again three to easily break? From Qi Yuling to Luo Caixia, why take another's place by counterfeiting repeated? Therefore the University launched against suspected on university students take another's place by counterfeiting verification activities. Get in by every opening trading power for money, but also more than just a verification activity can contain?

◇ [wood] ten years have a harm than bleeding

Luo Caixia was originally posted on the Internet, to tell his classmate Wang Jiajun take another's place by counterfeiting University encounters, though with clouds, but the traditional media and said no more attention. Then said Luo Caixia, she looked for several newspapers, some believe that it does not matter, some sent reporters after it without hearing a word about. One of my friends suggested the newspaper interview. Later, he became the first matter exposure of traditional media, it caused a sensation is not surprising, because this time too many people with fair anxiety. From the actual damage effect, this thing is not mine, self Immolation, open chest fierce, repeat after Luo Tongxue also admitted to the Tianjin normal university. But, did harm to a fair system, side effects may bring more than a bloody incident. The children of the poor students is not easy, they than the rich or official children in access to social resources in the overall weakness, and the college entrance examination as they change their disadvantageous situation, but also as an important legal system to promote social fairness, so easily trampled. The Luo Caixia and the whole social conscience of the injury, how to say is not excessive.(commentary person)

9 Li Zhuang case

◆ [case]

At the end of 2009, to participate in the Chongqing shehei cases lawyer Li Zhuang was suddenly his client Gong Gangmo report, Chongqing police immediately arrested. Procuratorate fast detective appeal, court of Chongqing City, Jiangbei District in January 8, 2010 sentenced Li Zhuang false evidence, prejudice to testify the convicted, sentenced to 2 years and 6 months. Li Zhuangan burst Chongqing black storm and become the coordinates Chinese judicial reality because of the depth of reflecting the public prosecutor, our method, four interactive relationship.

◆ [effect] defense of the crime and non crime

Li Zhuang case sentence will become a history remember. Counsel for the prosecution criminal guilty of results, will inadvertently undermine rights and justice of the barrier. Determination is not the core issue here Li Zhuang behavior, but in Li Zhuang behavior can be qualitatively. The evaluation is not to exclude the question of the lawyer moral and malfeasance, but stressed that the judicial authorities can't agree with the general public has the prejudice to the right of defense. The Supreme People's court before President Xie Juezai in "great leap forward" atmosphere affect the court when he said: "improve the quality of handling cases, is to take the case to do more accurate, more practical, more detailed."

◇ [Liang Wendao] weak rule of law culture

The Li Zhuang case itself is negotiable, but all around the speech it launched the same note. Some people think that the Internet is not the point did Li Zhuang suspected of abetting false evidence, but not in the judicial system in this fair or not, but in a really right. That is to say they had already decided that Chongqing Black defendants are bad, but no trial had been sure they are bad. Since they are bad, so a run to their defense lawyers also of course is a problem; he is not to make money, is to hype. Because black is such a This cheers the people greatly. thing, so it little doubt in the program it is insignificance.

So Li Zhuang case is a good specimen, even if is born with its public opinion can make people aware of our rule of law culture so fragile.(columnist)

10 "temporary rape" sentence

◆ [case]

In 2009 June, Zhejiang Huzhou city Nanxun Shanlian Town Management Association to hire security guards Qiu, Cai Mou in the hotel room has two women implementation of rape. Nanxun District Court of Huzhou City, taking into account the two people are "temporary intended crime", a trial of two defendants were sentenced to prison for 3 years. The case after reports, has aroused widespread concern, with the word "temporary decision intended crime" cause net friend of collective complaints. The Huzhou City Intermediate People's court to retrial decision, after the rape crime were sentenced to Qiu, Cai Mou of 11 years and 11 years and 6 months.

The influence of random trial []

Diversity of normative and case law determines the justice must have some discretion, but the judicial discretion of judges is not voluntary and no limit. "The facts and qualitative not judicial discretion of the two defendants in the same time period has the same women raping behavior is gang rape" can be changed; "instant thing" as a form of criminal intention of also just sentencing circumstances, should not be an excuse to indulge the criminals, Huzhou city the intermediate people's court commuted also fully illustrates this point.

◇[P] Wuyue Sanren is legal grandson

Without premeditation will say no premeditated, pull a looks very formal "temporary or intended crime", this also no wonder people think this sentence should become the buzzword, look like a steamed stuffed bun don't blame the dogs. But should notice, crime is a police, not the ordinary small rascal. Although we often know the law but break it. Also, but after all, the police is the law children, police is law's grandson. The lenient sentence of first instance, it is easy to suspect that the "temporary" indeed played a role, if not for a retrial, the "temporary" really into "permanent", that the dignity of the law we became the "permanent rape" the ultimate victims. (network news commentary person)