Analysis of five legal cases

My tricycle

Lv Fushan and Xi 'an are rickshaw pullers and operate without a license. According to the notice of Xi Public Security Bureau, this tricycle was confiscated by Xi Traffic Police Detachment. By consulting the Regulations on Administrative Penalties for Public Security, Lu said that non-motor vehicles should be fined less than 5 yuan, and that the traffic police detachment should return their tricycles, which he worked hard for five years.

Experts believe that the notice of Xi Public Security Bureau is only a local administrative regulation, and it cannot violate the national Regulations on Administrative Penalties for Public Security, so it is illegal and invalid.

Lu finally won the case and the traffic police returned his tricycle. In view of the lighter punishment, the National People's Congress is revising the regulations on administrative penalties for public security.

Very relationship

An employer in Fuzhou often abused the nanny at home and finally killed her one day. In order to destroy the body, the employer's wife pretended to be the nanny's sister and cremated the body. The court ruled that the employer intentionally injured the death penalty, and the wife sheltered three years in prison.

According to expert analysis, employers and nannies are not masters and servants, and their status is equal. The state should amend the labor law to protect the legitimate interests of people who have personal employment relations, such as nannies. Now their interests are not guaranteed. In addition, in order to restrain the nanny's behavior, the employer should sign a good contract with the nanny or use the power of the judiciary.

The consequences are really serious.

Chen Bing found a thief stealing his bag at the railway station and went after him. I chased it for about 200 meters. The result was sudden death. The thief had no physical contact with him. Sports medicine experts analyzed that he may have died suddenly because of heart problems.

Experts say that there is a causal relationship between the thief's theft and Chen Bing's death. But it only constitutes theft. Sentencing can be regarded as an aggravating circumstance as appropriate. The thief was at fault for Chen Bing's death, but Chen Bing's family did not demand civil compensation from the thief. Finally, the thief was sentenced to 4 years for attempted theft and fined 3000 yuan.

Lao Wu got a strange disease and went to many hospitals without finding it out. Finally, it was diagnosed as cryptococcal pneumonia in a hospital in Nanjing. The doctor said that the disease may be caused by pigeon droppings. Mrding, Lao Wu's upstairs, keeps many pigeons, and Mrding regards them as treasures. Lao Wu negotiated with Mrding many times and asked him to dismantle dovecote, but Mrding didn't agree. Both sides hold their own words. But Lao Wu took Mrding to court. Mrding took out an identification material, saying that his pigeon feces did not contain Cryptococcus. The court held that one side of the case was a personal hobby and the other side was a person's health. These two rights are competitive, so people's health should be paid more attention. Therefore, the court ordered Mrding to dismantle the pigeon house within a time limit. Now the pigeons in Mrding have been temporarily put in foster care at a friend's house.

According to expert analysis, this is an infringement case. Although it is not illegal for Mrding to raise pigeons, he violated Lao Wu's right to health. As for the documents produced by Mrding, experts believe that it is impossible to confirm whether its letter-opening institution has the qualification of appraisal. Even if it has the qualification of appraisal, the effectiveness of the materials depends on the case.

Where are you?

A boy of 18 years old came to Shenyang with his parents working outside the home. One day, my friends and I went to Lilac Lake to play. But drowned in the lake. According to friends who went out with him, he jumped into the lake to save a talent. They said that the man ran away after being rescued. They just wanted to save their little friend and didn't see what the man looked like. After pushing the rescued person ashore, the child was thrown into the lake by a big wave and never came up again. His poor family conditions are the only support for his parents in the future. His father consulted the civil affairs agency and said that he could apply for a martyr, but the rescued person needed to testify. Their family has been looking for the rescued person for many days, but that person has never appeared. Later, several lakeside workers were willing to testify for the children.

Experts said that the state and society should first give compensation to those who are brave, and the rescued person should bear less obligations. The state has set up a courageous fund, and part of the taxpayer's tax revenue is used to do this.

Today's case is very irritating.

A 3-year-old child and his parents went to a hotel for dinner. During the dinner, the child wanted to drink and the mother went out to buy it. She wanted the child to follow her father, but the child didn't want to, so the mother took him down. Later, the child ran into the road, and a waiter in the hotel saved the child, but he died in a car accident.

At first, the parents said that they entrusted the child to the bar, and later they said that they entrusted the child to the waiter, but there was no evidence to prove it. They think the waiter should be responsible for the child's injury.

The two sides went to court, and the court ruled that the driver of the traffic accident should bear 80% of the civil compensation liability, and the parents of the children should bear 20%. The death compensation is 6.5438+0.5 million yuan, but the compensators object. The waiter is a rural hukou, and even if he works in the city for 2 years, he should pay 50,000 yuan according to the specifications of the countryside.

The mystery of the old man's death

A 79-year-old man is arguing with a 30-year-old man. Only 10 hours later, the old man died. The old man's family said that the old man was killed by that man, while the young man said that the old man died of a heart attack. As it happened behind the yard, there were no witnesses on both sides. After the death of the old man, the public security bureau came, but insisted on not doing an autopsy, directly saying that the old man died of a heart attack, and let the two sides mediate and lost 8,000 yuan. The reporter asked how to identify the evidence of heart disease, but the public security bureau has never had it and may not be able to provide it at all.

Later, the family members of the elderly protested to the public security bureau, and the county and city public security bureaus opened the coffin for autopsy. The appraisal conclusion is that the old man committed suicide by taking tetramine. The old man's family was very suspicious of this. They stole some samples and sent them to a nearby university for inspection. As a result, they do not contain tetramine.

After the continuous efforts of his family, a few years later, the old man was opened for the second time, and the appraisal conclusion of the provincial office was that there was no tetramine.

The reporter wanted to find the two forensic doctors who had been identified at the beginning, but was rejected. Later, the public security bureau apologized and lost more than 50 thousand. When this matter is over, how the old man died will never be known.

I am not a thief.

Xiaonan is a lively girl of 15 years old with strong self-esteem. One day in the second half of the third semester, she and her mother went shopping in the supermarket. Mom was suspected of stealing in the supermarket by the supermarket staff, and they went to the police station opposite the supermarket together. In the police station, my mother was searched by a policewoman and a supermarket employee. When my mother came out, she found her daughter searched by supermarket employees.

According to expert analysis, only investigators of judicial organs and procuratorial organs have the right to search criminal suspects. Others don't have this right. This practice of supermarket employees is extremely wrong.

After the event, Xiao Nan's spirit has been bad. He was diagnosed as traumatic stress disorder by Shenyang Mental Health Center. The doctor analyzed that it was because some traumatic events damaged the spirit. Through identification, there is a direct causal relationship with being searched by the supermarket.

Xiao Nan's spirit has been bad, which has affected her study and failed in the senior high school entrance examination. She got good grades and was strong.

Mother wants to sue the court for compensation for mental damage. The court ruled that this matter affected the children's lives and awarded the supermarket spiritual comfort of 65,438+10,000 yuan. Supermarkets don't accept diseases that can be cured in one year, and advocate only one year's average salary.

According to expert analysis, trauma will accompany a person's life. Spiritual consolation money is different from medical expenses and should be discretionary by judges.

For the problem of supermarket theft, they should buy their own anti-theft equipment.