Current location - Music Encyclopedia - Dating - What are the types of cases that conflict between fairness and justice?
What are the types of cases that conflict between fairness and justice?
A case is better than a pile of documents. Judicial cases are the "barometer" of economic and social development and the "wind vane" of social conditions and public opinion. Recently, the results of the "20021Ten Cases of Promoting the Rule of Law in the New Era" were announced, telling the story of the rule of law in China through real and vivid cases, so that people can feel fairness and justice in every judicial case.

This selection activity was officially launched on February 3, 2002 1,1,and 40 candidate cases were selected from all kinds of cases concluded by national courts in 20021,and * * * was voted by netizens1.200 million. Based on the voting results of netizens and the selection of expert committees, the cases of bribery, corruption and bigamy, the first criminal case of infringing on the reputation and honor of heroes and heroes, the "10. 18" mega-cross-border telecom fraud case, the murder of passion fruit girls, the first class action lawsuit of CITIC Securities, the first case of "indulging risks" in the Civil Code, and the first case of face recognition were finally produced. A case in which a woman was cheated by the rumor of express delivery, Wang Shujin's intentional homicide and rape, and an old man's sudden death after being stopped for stealing eggs were selected as the "Top Ten Nominated Cases".

Witness the temperature of court justice for the people

A phone call, a text message, or pretending to be a customer service refund, or pretending to be a public security inspector, a "winning prize" brings a series of traps, and there is a dangerous "killing pig plate" hidden behind the sweet words. In recent years, telecommunication network fraud routines have emerged one after another. Electric fraud "cancer", public enemies; Eliminating public hazards is the people's expectation.

In April, 200218, "10 18" extra-large cross-border telecom fraud case was heard in Chengdu Railway Transport Intermediate People's Court, Sichuan. This is a cross-border fraud crime with a hidden modus operandi, a large number of people involved and a huge amount involved. The court found that from 2065438 to March 2009, the principal offender Su Moumou and others set up a telecommunication network fraud den in the Philippines, hired defendants Zhu Moumou, Dong Mou and others 100, used dating software to recommend false gambling sites, and tricked more than 500 victims1040,000 yuan. On June 6th, 20021,Chengdu Railway Transport Court issued a centralized public verdict. The 98 defendants involved in the case were sentenced to fixed-term imprisonment ranging from 12 to 1 year respectively for committing fraud and helping information network criminal activities, of which 35 were sentenced to fixed-term imprisonment of more than five years, with a severe punishment rate of 40%, and 98 defendants were sentenced.

"Adhere to both criminal and economic strikes, and use sufficient and exhaustive legal means to crack down on telecommunication network fraud crimes, forming a high-pressure (strike) situation against telecommunication network fraud crimes." Xu Xiang, the presiding judge of the "10 18" mega-cross-border telecom fraud case in Chengdu Railway Transport Intermediate People's Court, said that the "10 18" series of cases were severely tried according to law, which effectively shocked the telecom network fraud crime and demonstrated the position and strength of justice for the people and doing its best to eliminate "fraud".

In the first case of "indulgence of danger" in the application of the Civil Code, Song volunteered to take part in an antagonistic competitive competition with certain danger, causing injury to his right eye and demanding compensation. According to the first paragraph of Article 176 of the General Principles of the Civil Law, all the claims of the plaintiff Song were rejected.

Since the implementation of the Civil Code for one year, the law on paper has become the norm and code of conduct for judges. Whether the fetus in the womb has the right to inherit, how to protect the rights of the victims of high-altitude parabolic objects, and whether they will be blackmailed, vivid cases highlight the word "person" in the civil code, and people-oriented is becoming an encyclopedia of people's lives.

Witness the judicial justice of the court.

The murder of passion fruit girl is a shocking murder against minors. Yang Xiaoyan, a primary school student in Lingshan, Qinzhou, Guangxi, was kidnapped and raped while selling passion fruit. People call her "Passion Fruit Girl" with regret.

"It is a clear stipulation and consistent position of our law to severely punish criminal acts that seriously damage the physical and mental health of minors. Protecting minors means protecting the future of the country and the hope of the nation. The Supreme Law has always held a zero tolerance attitude towards crimes against minors. " Luo Zhiyong, vice president of the Supreme People's Court Trial Supervision Court, said.

On February 2nd, 20021year, following the execution order issued by the Supreme People's Court, the Intermediate People's Court of Qinzhou City, Guangxi Zhuang Autonomous Region executed Yang Guangyi, the murderer of passion fruit girl.

"The meanness of the defendant's criminal motive, the cruelty of criminal means, the bad circumstances of the crime and the serious consequences of the crime have deeply hurt the kindness of the public. Today, with the continuous advancement of governing the country according to law, its bad behavior should be severely punished by law, which is not only to provide justice for the victims, but also a warning to the society. " As the presiding judge, Qiu Xiaomin, the judge of the Supreme Court, said that the murder case of passion fruit girl had other circumstances, such as surrender, lighter punishment, heavier punishment according to law and so on. The people's courts should exercise their discretion carefully, overcome judicial dogmatism, correctly handle the relationship between surrender being lighter and statutory "should be heavier", enhance the acceptability and recognition of judicial decisions, and let the people really feel that fairness and justice are around.

Lai, the former party secretary and former chairman of Huarong Asset Management Co., Ltd., is a shocking corruption case in the financial field. 202 1 1 5, Tianjin No.2 Intermediate People's Court sentenced Lai to death for accepting bribes, corruption and bigamy, deprived of political rights for life, and confiscated all personal property.

Qi Jianjian, an associate professor at the Law School of Chinese Academy of Social Sciences, commented: "By severely punishing serious corruption crimes, a serious hidden danger in the financial sector has been eliminated, corrupt elements in the financial sector have been deterred, anti-corruption trials in the financial sector have been promoted, and the crackdown on crimes in the financial sector has been strengthened, achieving the unity of political, legal and social effects."

Witness the breadth of the court's judicial tentacles

20021112 With the hammer of Guangzhou Intermediate People's Court of Guangdong Province ringing, the financial fraud case of Kangmei Pharmaceutical, which lasted for nearly three years, was pronounced in court, and Kangmei Pharmaceutical and other related defendants shared the investor losses of about 2.459 billion yuan, with the highest compensation amount being the highest in the domestic A-share market.

Wang Yongyong, judge of Guangzhou Intermediate People's Court and presiding judge of the first case of China securities class action lawsuit, commented: "The conclusion of Kangmei Pharmaceutical's securities class action lawsuit marks the successful landing of Chinese class action lawsuit judicial practice characterized by investors' tacit participation and express withdrawal, which is of far-reaching significance for promoting the healthy development of the capital market, earnestly safeguarding the legitimate rights and interests of investors and creating a world-class business environment ruled by law. "

The first case of "face recognition" established the principle of "legality, justness and necessity" in personal information processing. As the presiding judge, Han, a judge of Hangzhou Intermediate People's Court, Zhejiang Province, said: "We strive to balance the needs of personal information protection with the development of digital industry, carefully demonstrate and explore, and hope to provide new directions and new ideas for the trial of similar cases with this case, and contribute to the establishment and improvement of China's personal information protection legal system."

In the public interest litigation case of green peacock protection, the court decided to stop the construction of hydropower projects involved, saving the last home on which the "green peacock" depended. At the World Environmental Justice Conference, the green peacock protection public interest litigation case was rated as one of the top ten biodiversity cases in the world by foreign parties. As the only case in the judicial field of China, it was selected into the China exhibition area of the 15th Conference of the Parties to the United Nations Convention on Biological Diversity.

Su Jingwei, a judge of Yunnan Higher People's Court, said: "The success of the green peacock protection public interest litigation is an affirmation of the efforts made by preventive civil public interest litigation to protect endangered species. The trial of the case established the concept of environmental justice in the new era and highlighted China's role as a big country participating in global biodiversity protection. "

The expert case jury of "20021Ten Cases of Promoting the Rule of Law in the New Era" said that each case is an answer sheet of "Serving the Overall Situation, Justice for the People, and Fair Justice", which writes the people's new requirements and expectations for fairness, justice, safety and harmony, and also connects the solid footprint of strengthening the rule of law in China.