Examples of the law

The following are examples of the law:

Case 1:

One night, a county high school, four students, evening broke into the boy's dormitory of a middle school on the outskirts of the city, pulling out daggers to threaten and beat the dormitory students,**** robbery of more than 200 yuan. Due to the victimized students reported in time, they went home 40 minutes later at the same time.

Case analysis: in this case, the perpetrator "in the objective performance of the property of the custodian, owner, guardian of the use of violence, coercion or other methods, forcing it to hand over the property"; in the method, the implementation of violence, blatant "on the victim's body to implement the blow or coercion, for example, binding, binding, coercion or other methods, forcing it to hand over the property. For example, binding, beating, confinement, injury, etc.", a serious threat to the lives and health of others; in the subjective, is the intentional use of violence, seize money and property, and illegal possession for the purpose, so the behavior of the four students has violated the criminal law. China's Criminal Law also makes clear provisions on the age of criminal responsibility: "(1) Persons who have reached the age of 16 at the time of the commission of the crime are fully criminally responsible. Because their intellectual capacity to distinguish between right and wrong and good and evil has grown with their age, they should be held criminally responsible for all their criminal acts. (2) The person who has reached the age of 14 but not yet 16 at the time of committing the crime is the period of relative criminal responsibility, and is criminally responsible for the crimes of greater social harm, such as intentional homicide, intentional injury, rape, robbery, drug trafficking, arson, blasting, poisoning, etc. The four students committed the crime at the time of the crime. These four students committed the crime when three 16 years old, one 15 years old, according to the age of criminal responsibility, they should be held legally responsible. Case two:

16-year-old secondary school student Liu Mou is a high school sophomore, family conditions are very good, Liu Mou from childhood, pampered, in the school does not seek to make progress, almost every day in and out of the Internet cafes and got into the habit of gambling, spending money like water, over time, his parents know that his vices, it is strict control of his financial resources. Because of the parents to ask for money this road can not go, and really eager to go out and show off, one day, he took advantage of his parents to go out of the opportunity, will be the family of 5000 yuan in cash to steal. More than a month later, Liu's parents found 5,000 yuan of cash was stolen, and soon suspected him, and asked his son whether he had taken the family money. At this time, 5,000 yuan of money were almost squandered by him, Liu Mou afraid of parental reproach, they said again and again they did not take, his father reported to the public security organs. The public security organs after meticulous investigation will target the crime on Liu Mou. In front of a large number of facts, Liu had to admit that the money was stolen, the public security organs will be criminal detention, and then turned into an arrest. Parents know that the thief is the son of the family, that the son of the parents to steal the money is not a crime, they do not want to be held accountable, the public security organs to release Liu, but the public security organs that Liu has been suspected of committing a crime, so the parents of Liu's request was not allowed.

Case study: the theft of parents or close relatives of the property, whether or not constitute a crime and punishment has its particularity. The law provides: "steal their own family property or close relatives of the property, generally may not be dealt with according to the crime; on the really necessary to pursue criminal responsibility, the punishment should also be differentiated from the community in the crime." Liu mou stole the family money amounted to 5000 yuan, the amount of large, in the parents asked and refused to admit, and the stolen money for gambling and squandering, combined with these circumstances, Liu mou should belong to the "really necessary to pursue criminal responsibility" situation. Judicial authorities suspected of theft criminal detention of Liu, which is fully consistent with the relevant legal provisions. However, Liu stole property is after all their own home, its social harm is obviously smaller than in the community, coupled with his belonging to minors, so the court declared guilty at the same time, usually give a substantial reduction in punishment. Case three:

July 2002 one night, a middle school three students by the guards do not pay attention to, quietly slipped into the school, straight to a classroom. A student of the classroom door first kicked a few feet, and then the other two students then kicked the classroom door plate kicked down a piece, three people take this into the classroom, and began to destroy other things, after the long way to go.

Case study: "People's Republic of China **** and the State Education Law," Article 72 states: "gang fights, provoking trouble, disturbing the educational order of schools and other educational institutions or destruction of school buildings, premises and other property by the public security organs to give public security management penalties; constitutes a crime, shall be investigated for criminal responsibility." Three students destroy school buildings and other property behavior, should be punished by the public security organs in accordance with the "Public Security Administration Punishment Regulations" relevant provisions. Case 4:

Li Mou (male, 19 years old), Wang Mou (male, 19 years old), Xu Mou (male, 15 years old) premeditated to kidnap a township middle school students Liu Mou, Zhang Mou, and then extort cash from their families. At 6:00 pm on May 8, 2005, the suspects Li, Wang with a pre-prepared murder weapon card spring knife two, rope three, an iron bar, a roll of tape, in advance to arrive at the east end of the bridge in a township, the third lagoon flood, another suspect Xu to go to the west of the river to play computer games on the pretext of Liu Mou (male, 16 years old), Zhang Mou (male, 15 years old) from the home to cheat out when the three went to the east end of the west bridge, Xu Under the pretext of going to the piers to take the money hidden there beforehand, the victims will be cheated to the east end of the West Bridge at the third pier, when hiding at the piers of Li, Wang holding a card spring knife will be forced to stop the two victims, Li with a crowbar to hit Liu's head a few times, Liu fell to the ground after the king, Xu, and then with the rope prepared beforehand will be strangled by the neck, about a minute after seeing Liu did not move, and with the same means of knocking down the victim, Zhang, that the two victims have died! Rapidly fled the scene. The three suspects called Zhang's family the next day to ask for money, to be fifty thousand yuan. Case analysis: Li Mou, Wang Mou and Xu Mou premeditated the implementation of the kidnapping crime, but the specific implementation of the crime process, they not only carried out the act of kidnapping, and also carried out the act of intentional homicide. In accordance with the provisions of the criminal law of China, the kidnapping behavior and kill the kidnapped person, to the crime of kidnapping. This type of kidnapping crime essentially consists of two specific acts: one is the act of kidnapping, and the other is the act of killing the kidnapped person. These two situations in China's criminal law can constitute an independent crime, that is, the general circumstances of kidnapping and intentional homicide. In this case, Li Mou, Wang Mou has reached the legal age, so should bear full criminal responsibility. Xu's age at the time of the crime was under 16, according to article 17 of the criminal law, he should not be criminally liable for the crime of kidnapping, but should be held criminally liable for the crime of intentional homicide committed by him.

As the saying goes: "three feet of ice is not a day's cold". Minors who violate the law is not an overnight thing, but a quantitative change to qualitative change of accumulation, gradual change process. Let each of our students self-esteem and self-love, abide by the rules and discipline, to be a good student of both character and academic excellence.