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Today’s statement case analysis

My Tricycle

Lu Fushan, a human-powered tricycle driver in Xi'an, operates without a license. The tricycle was confiscated by the Xi'an Traffic Police Detachment based on a notice from the Xi'an Public Security Bureau. Lu read the Public Security Management Punishment Regulations, which stated that non-motor vehicle violations should be fined less than 5 yuan, and believed that the Xi'an Traffic Police Detachment should return his tricycle, and he has been working hard for this for five years.

Experts believe that the Xi'an Public Security Bureau's notice is only a local administrative regulation. It cannot violate the national public security management penalty regulations, so it is illegal and invalid.

The final verdict was given to Lu Shengli, and the traffic police returned his tricycle. In view of the situation where the punishment is too light, the National People's Congress is revising the regulations on public security management penalties.

Very relevant

An employer in Fuzhou City often abused the nanny at home, and finally one day beat the nanny to death. In order to destroy the body and eliminate traces of it, the employer's wife pretended to be the nanny's sister and cremated the body. The court ruled that the employer's intentional injury was subject to a suspended death sentence, and his wife's cover-up was sentenced to 3 years in prison.

Experts analyze that the relationship between employer and nanny is not that of master and servant, and the status of both parties is equal. The country should amend the labor law to protect the legitimate interests of people like nannies who have personal employment relationships. Now their interests cannot be guaranteed in any way. 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 judicial organs.

The consequences are really serious

Chen Bing found a thief stealing his bag at the train station and chased him. I chased him 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 due to heart problems.

Experts analyzed that there was a causal relationship between the thief's theft and Chen Bing's death. But it only constitutes the crime of theft. It may be used as an aggravating factor when sentencing. The thief was at fault for Chen Bing's death, but Chen Bing's family did not file a civil compensation claim against the thief. In the end, the thief was sentenced to 4 years and fined 3,000 for attempted theft.

Old Wu got a strange disease and went to many hospitals but could not find out. Finally, he was diagnosed with cryptococcal pneumonia in a hospital in Nanjing. Doctors say the disease may be caused by pigeon droppings. Lao Ding raised a lot of pigeons upstairs in Lao Wu's house. Lao Ding regarded these pigeons as treasures. Lao Wu negotiated with Lao Ding many times to ask him to demolish the pigeon coop, but Lao Ding disagreed. Both sides hold their own opinions. Reluctantly, Lao Wu took Lao Ding to court. Lao Ding took out an identification document and said that his pigeon droppings did not contain Cryptococcus. The court held that in this case, one party was concerned about personal interests and hobbies, and the other was concerned about the person's health. The two rights were competing, and more attention should be paid to the person's health. Therefore, the court ordered Lao Ding to demolish the pigeon coop within a time limit. Now Lao Ding’s pigeons are temporarily fostered at a friend’s house.

Expert analysis shows that this is an infringement case. Although it is not illegal for Lao Ding to raise pigeons, he violated Lao Wu's right to health. Regarding the material that Lao Ding produced, experts believe that firstly, it is impossible to confirm whether the letter-opening agency has the qualifications for appraisal, and secondly, even if it has the qualifications for appraisal, the validity of the material will depend on the circumstances of the case.