According to the accusation of the public prosecution agency, on April 2 1 day 10, 2006, the defendant Xu Ting came to the ATM of a bank in Huangpu Avenue, Tianhe District to withdraw money. As a result, after withdrawing 1 0,000 yuan, he was surprised to find that only 1 yuan was deducted from his bank card account. In ecstasy, Xu Ting continuously withdrew 54,000 yuan. That night, Xu Ting returned to her residence and told her companion Guo Anshan about it. The two immediately went to withdraw money, and then repeated the operation many times. After investigation by the police, Xu Ting successively withdrew 17 1, totaling175,000 yuan; Guo Anshan withdrew 6,543,800 yuan+0.8 million yuan. Later, each of them absconded with the stolen money. In the same year165438+1October 7, Guo Anshan surrendered himself to the public security organ and returned the stolen goods in full, with the amount of 18000 yuan. After hearing the case, Tianhe District Court found that it constituted theft, but considering that he surrendered himself and voluntarily returned the stolen goods, he was sentenced to one year's imprisonment and fined 1000 yuan. Xu Ting, who absconded for one year, squandered175,000 yuan due to investment failure, and was arrested by the police at Baoji Railway Station in Shaanxi in May this year. A few days ago, the Guangzhou Intermediate People's Court held that the defendant Xu Ting and his associates used secret means to steal financial institutions for the purpose of illegal possession. The amount is particularly huge, and its behavior has constituted theft. Sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property. In this regard, Xu Ting's defense lawyer objected. He said that the mistake of the ATM was the bank's fault. In addition, the bank had enough time to recover the money, but it missed it because of the weekend. Therefore, this 6.5438+0.75 million yuan can be regarded as "forgetfulness", and Xu Ting's resignation only constitutes a crime of embezzlement. Please talk about your views on this case from different angles.
Case 2: "Panda Burning Incense" computer paralysis
On June 5438+1mid-October, 2007, the office computer of an administrative unit in Xiantao, Hubei Province was paralyzed by poisoning, and the network supervisor police were asked to help repair it. As soon as the network supervisor was repaired, the computer immediately showed symptoms of poisoning, and the original virus could not be killed. Before the matter was settled, Jianghan Hotline Information Center reported to the Public Security Bureau that the central server was infected with a virus in a large area, and the technicians could not repair it, so the work of the center was forced to stop completely. The network police found that the symptoms of infection were almost the same as those of the previous office computer poisoning, and a panda with three incense sticks appeared on the computer screen. At this time, this virus has spread all over the country, and people vividly call it "Panda Burning Incense" virus. 65438+1On October 24th, Xiantao Public Security Bureau decided to file a case for investigation. In February 2007, the "Panda Burning Incense" virus case was finally solved, and the virus producer Li Jun was arrested. This is also the first major case of making computer virus in China. Many domestic anti-virus companies and many highly educated professionals failed to crack the "panda burning incense", but in the detention center, he only completed the killing software of "panda burning incense" in five hours. Li Jun, the designer of the "Panda Burning Incense" virus, was sentenced to four years in prison by a court in Xiantao City, Hubei Province. Wang Leyan, Zhang Shun and Lei Lei were sentenced to two and a half years, two years and one year respectively. From the end of 2006 to the beginning of 2007, "Panda Burning Incense" spread all over the country through the Internet in a short time, and millions of computers were poisoned.
Case 3: touching lies
There is a little girl named Xinyue in Changchun. She is only eight years old. She has a brain tumor and is blind. The father looked at the child tortured by the disease. The father was heartbroken and the daughter felt that her days were numbered. My daughter hopes to go to Tiananmen Square to watch the flag-raising ceremony. Although she can't see it, she wants to hear the scene of the flag-raising ceremony. The doctor told the sad father that if he went to Beijing, he was afraid that the child could not bear the bumps. A reporter named Tao Bin in the Evening News learned about the child's wishes after interviewing the family. He wrote an article in the newspaper, calling on the whole society to help children realize their desire to go to Tiananmen to see the national flag raised. The child's wish has become the common wish of Changchun people. For the sake of children's health, the people of Changchun took action and built the flag-raising ceremony of Tiananmen Square in Changchun, realizing their wish of being careful and happy. Many people came to see careful Yue off. When she got on the bus and went to "Beijing", the child said that she should put on her school uniform. She likes school uniforms as blue as the sky and can't bear to wear them to school every day. The car dragged her slowly for 400 kilometers in the outer ring of the city, and the car of 120 followed her for 400 kilometers. The person who accompanied her also walked 400 kilometers in the car, for fear of spilling the beans. After contacting the reporter, it is planned to be held in Changchun University. When I arrived near the school, I changed another car, which made careful Yue think that she got on the "Beijing" car. People all over the country are asking about the way to all parts of Beijing. Careful Yue felt very fond of it, and a bright smile appeared on her pale face.
When we arrived at the playground of the public college, two thousand well-dressed teachers and students stood in a row. When the national flag of the school wearing the school uniform comes with valiant steps, when the national flag rises in the national anthem, carefully smile and bow to the national flag. More than 2000 people were moved, and more than 2000 people were in tears. This is a vivid picture woven by thousands of people with lies and scratched by love, so tragic and holy. Small smiles at people and small salutations to the national flag have left a deep imprint on people's hearts, awakened their conscience, shocked the world and touched the sky. Thousands of people lie for a child's wish. This kind of white lie moved us. Our society needs white lies, just like the sunshine of love spreading from person to person. Does it conflict with the concept of legal system?
Case 4: Good-hearted drivers persuade people to let their seats be beaten.
At about 6: 40 pm on June 65438+1October 65438+March 2007, he drove through Dongpu intersection and picked up a pregnant woman who was about seven or eight months pregnant. In order to ensure the safety of pregnant women, Master Zhang pressed the instruction bell to remind passengers to give up their seats. But after the bell rang, no one got up in the carriage. As a last resort, he turned and suggested that a young man in the front row give his seat to a pregnant woman, but the young man ignored it. "I asked him to give up his seat to the pregnant woman, but he gave me a bad look." Seeing that his hot face was stuck with a cold ass, Master Zhang had to continue driving, and the pregnant woman who got on the bus stood all the way to Caitang, the stop. What Master Zhang didn't expect was that it didn't end. When the bus went to Lingdou Village Station, a fist hit him in the face while he was unprepared. It was the young man who didn't want to give up his seat just now. After a punch, the young man got out of the car, but did not leave immediately, but stood at the entrance of the car door, as if listening to something. "I just advise you to give up your seat, but it's nothing. You are too arrogant. " Master Zhang was deeply wronged and told his grievances to the young people. This sentence annoyed the young men again and punched Master Zhang. Master Zhang said that while the young man was beating, he scolded, "If you move again, I will stab you to death. I have recited your license plate number, be careful. " In this way, after about half a minute, the young man stopped playing, got off and turned away. After being beaten, Master Zhang's eyes were swollen, his mouth was broken, and his hands were scratched with many blood stains. As all the passengers on the bus rushed home, he had to continue driving. When the passenger was sent to the terminal, he drove back to the company security section in the parking lot and reported the case.
Case 5: Responsibility and Conscience of Contemporary College Students
In 2005, more than 50,000 college students signed up for volunteer service in the western region. According to the statistics of the Central Committee of the Communist Youth League, about 10% of the volunteers in the west chose to stay in the west in 2003.
★ Thirty-four students from China Agricultural University spontaneously organized themselves and compiled a set of popular science books for farmers.
★ According to the survey of the Research Center on Aging, about 30% of the adults in China are basically supported by their parents. Those who should have been independent for a long time but still "eat" their parents for various reasons are called "old people next door". Among them, college graduates account for 20%.
★ "Because others have helped me, I will definitely help others." "Others give me a bite of rice and I will give others a bowl of meat!" This is written by volunteer Xu Benyu in his diary.
★ "Anyone does things with a purpose. I am only three or four thousand yuan a month now, and I have no ability to help him. " This is what a college student who once received financial aid from Cong Fei said in an interview. Cong Fei, a literary and art worker in Shenzhen, has sponsored 170 poor children to study for many years and donated more than 3 million yuan. After he was seriously ill in hospital, he couldn't even afford the medical expenses. However, some recipients not only failed to report their gratitude, but also questioned his previous practice. College friend: What do you think when you see this?
Case 6: The real purpose of public welfare activities is questioned: the embarrassment of college students' voluntary service.
Recently, a group of young volunteers from China Geo University walked into the community of Wuhan Institute of Posts and Telecommunications to hold public welfare activities, Chutian Metropolis Daily reported. Residents keep asking about their "real purpose", which makes college students deeply touched. In this activity, the original intention of volunteers' door-to-door service is to respond to the call of the Youth League Committee and the school for young volunteers to "walk into the community" and to hold exhibitions of college students' paintings, calligraphy, photography and other artistic works in order to enrich the cultural life of community residents. This spirit of "learning from Lei Feng" has been questioned by residents. In fact, such cases are common in college students' voluntary service. This leaves us with a difficult problem: Why do many college students' voluntary service activities often encounter the embarrassment of "questioning" and "contempt"?
Case 7: The husband refused to sign the operation and the wife died during childbirth.
On June 5438+065438+1October 2 1 day, 2007, a pregnant woman was taken to the hospital by her husband because her life was dying during childbirth. Faced with penniless pregnant women, the hospital decided to treat them free of charge. According to the situation of the parturient, the hospital told her husband that caesarean section was needed, but her husband refused to sign the caesarean section form in the hospital. In the three-hour stalemate, the man has been ignoring the grievances of many doctors. The director of the hospital was present in person, and the police of 1 10 team also came to the hospital. In order to get the man to sign the consent form, even many patients and their families in the hospital came out to persuade him. A hospitalized patient said on the spot: If the man signs, he will donate 10,000 yuan immediately. However, all persuasion has no effect. Dozens of doctors and nurses in the hospital decided to operate without authorization, so they reported the situation to their superiors. The superior replied that because the family members did not sign, it was not suitable for caesarean section, and they were rescued according to the routine of natural delivery. According to the instructions of the superior, the hospital then rescued the pregnant woman according to the natural delivery. After three hours of rescue (19: 20), the doctor declared the pregnant woman invalid and died.
Case 8: friends in love is a landscape on campus.
A few days ago, the 2007 Guangdong Sexual Science Report, edited by the Guangdong Sexual Society, was officially published. According to a paper published by Sun Lei and Guo Xianchao of the Academy of Social Sciences in the report, "On the Phenomenon of College Students Cohabitation", 60% of college students who have cohabited have expressed regret about cohabitation.
The reporter's investigation found that in colleges and universities in Guangzhou, the phenomenon of college students living together is as high as 10%. "Lack of living expenses, academic influence and unmarried cohabitation are the main reasons for college students' regret" and other factors.
According to the article "About College Students' Cohabitation" in the report, according to the media sampling survey of 4 109 male and female college students in more than 50 universities including Shanghai, Guangzhou and Beijing, 3 1.3% are against cohabitation, 19.8% fully agree with it, and 48.9% of the students belong to the neutral school. However, the questionnaire and discussion survey of 2000 undergraduates and junior college students in 24 provinces and cities in China show that 28.4% are in favor of college students' cohabitation, 57.6% are laissez-faire, and only 13.5% are clearly opposed. Based on this, the researcher believes that at present, college students hold a more tolerant attitude towards unmarried cohabitation, and nearly two-thirds of them can accept it. It is acceptable in concept, but what about the specific behavior? An empirical survey by Pan Suiming, a professor at China Renmin University, shows that only 5% of undergraduates live together. A sample survey of 800 college students in five universities in Xi shows that 7.02% students live together.
Most cohabiting college students regret it.
Although most college students accept cohabitation before marriage, most of them will regret it. Sun Lei and Guo Xianchao of the Provincial Academy of Social Sciences pointed out in the report that 60% of college students regret living together. In a random interview, the reporter found that among 15 respondents, 10 agreed with "cohabitation regret". Most of them are girls, and most of the boys said that they would not regret living together after careful consideration.
More than 50% students only regard cohabitation as temporary.
According to the survey, due to many uncertain factors in the future, 23.4% of college students' cohabitants said they would not marry their current cohabiting partners, and 55. 1% said they were "uncertain". "This uncertain mentality reflects that most college students are more realistic, and they just regard the current cohabitation relationship as temporary."
Case 9: Cui Yingjie killed the urban management personnel with a knife because his tricycle was confiscated.
On June 5438+February 65438+February 2006, the case of Cui Yingjie, an unlicensed vendor, killing Li Zhiqiang, deputy detachment leader of Haidian Branch of Beijing Haidian Urban Management Brigade, was publicly heard in Beijing No.1 Intermediate Court. On the afternoon of August 0 1 17, Cui Yingjie, a migrant worker from Mu Ping, Hebei Province, was found by the Urban Management Brigade of Haidian District while selling sausages on the roadside. Cui's new tricycle was confiscated on the spot. When the urban management personnel were about to leave, Cui Yingjie, who had already left, rushed out with a sausage-cutting knife, stabbed it in Li Zhiqiang's neck and fled. An hour later, Li Zhiqiang died because of ineffective rescue. Cui Yingjie escaped 1 1 hour and was arrested by the police in Tanggu, Tianjin. The public prosecutor accused the defendant, Cui Yingjie, of ignoring the national law, obstructing urban management law enforcement officers from performing official duties according to law by violent means, and killing people with a knife; The nature of his crime is extremely bad, the circumstances and consequences are particularly serious, and the social harm is extremely great, so he should be investigated for criminal responsibility for intentional homicide. In the prosecution opinion issued by the public security organ to the procuratorial organ, Cui Yingjie was charged with intentional injury.
Lawyer Lin Xia of Beijing Yipai Law Firm and lawyer Li Jinsong of Beijing Yitong Law Firm defended Cui Yingjie in court for free. Defenders believe that the public prosecution agency accused the defendant Cui Yingjie of intentional homicide, found the facts improper, and applied legal errors; Cui Yingjie only intentionally hurt the victim Li Zhiqiang, not intentionally killed him.
At the same time, the defender believes that Cui Yingjie has hindered, but it is not official business, because Cui Yingjie is operating without a license and should be punished by the administrative department for industry and commerce; Even if the industrial and commercial departments hand over the power of administrative punishment to the urban management, according to Article 34 of the Administrative Punishment Law, when investigating and handling unlicensed operations, they should also perform legal procedures such as showing their certificates, issuing a notice of administrative punishment, and a list of seized items. However, according to the investigation of the court, the urban management personnel did not perform the above legal procedures when confiscating Cui Yingjie's tricycle. An audio-visual material presented by the prosecutor in court showed that Cui had been begging not to confiscate his car when the urban management personnel confiscated it, and once knelt down on one leg.
It is understood that Cui Yingjie, a 23-year-old veteran of Fuping County, Hebei Province, retired and returned to his hometown at the end of 2003. According to the leaders and comrades-in-arms of his army, Cui Yingjie performed well during his service, won the honor of good soldier, and found no violent tendency. At the beginning of 2004, Cui went to Beijing to work as a security guard in several KTV. Before the incident, he had not received his salary for several months. So he bought a tricycle and sold sausages in the street. A few days before the crime, Cui Yingjie was confiscated a tricycle, and he spent 380 yuan to buy the new car.