Law Lecture Case Urgent 10

Summary. Tonight's law lecture talked about two cases, both of which occurred between mother-in-law and daughter-in-law, one was the mother-in-law who continued to beat her daughter-in-law, and the other was that the mother-in-law hired her daughter-in-law (successful), the former because of patriarchy, and the latter because of possessiveness. These two cases are terrifying to me.

Therefore, when a girl is looking for a partner in the future, her mother-in-law should also be an important consideration (even including her father-in-law), and she must understand it clearly. Love can be a matter of two people, but marriage must be a matter of two families (unless an orphan is found).

Tonight's law lecture talked about two cases, both of which occurred between mother-in-law and daughter-in-law, one was the mother-in-law who continued to beat her daughter-in-law, and the other was that the mother-in-law hired her daughter-in-law (successful), the former because of patriarchy, and the latter because of possessiveness. These two cases are terrifying to me. Therefore, it is an important consideration for a girl to find a partner after the grade, and the mother-in-law should also be stupid (even including the father-in-law), and it must be understood clearly.

Love can be a matter of two people, but marriage must be a matter of two families (unless you find an orphan).

Because the value of the credit card itself is very small (about 10 yuan when the bank handles it), it is not a crime to steal a credit card or find a credit card. However, when the perpetrator uses an abnormally legal credit card, there are two situations: the use of a credit card by a person (such as swiping a credit card in a shopping mall) is a fraud (concealing the truth and fabricating facts) and the crime of credit card fraud is convicted; For the use of a machine, because the machine will not be meaningful, it will not have a misunderstanding and will not be deceived (because the crime of fraud requires the victim to dispose of property based on a misunderstanding), so the crime of theft is convicted.

If you use this theory, the case you are talking about should be convicted of theft. However, the judicial interpretation of the Supreme People's Court states that anyone who steals a credit card and uses it (whether it is a person or a machine) is guilty of theft; Anyone who finds a credit card and uses it (whether it is a person or a machine) is guilty of credit card fraud. Because the judicial interpretation has the right to interpret, the case you mentioned should be convicted of credit card fraud.

1. The difference between the crime of theft and the crime of fraud has nothing to do with active or passive. Theft = unlawful possession of property for the purpose + peaceful means to remove the property from the original possession and establish a new possession relationship. Fraud = Illegal possession for the purpose + concealment of the truth or fabrication of facts + Victim's misunderstanding of the disposition of property.

The essential difference between the two is that "the victim disposed of the property based on a misunderstanding".

Second, credit card crimes have already been said.

3. Unjust enrichment = one party gains benefits + one party loses interests + there is no legal basis.

Fourth, unclaimed property and lost property are the above-mentioned items, and unclaimed items are subject to preemption. Lost property cannot be acquired and cannot be acquired in good faith. In my own opinion, the discovery of lost property is unlawful possession, because the implicit premise of bona fide acquisition must be lawful possession.

If you are constantly receiving legal help or you are often punished by the law, your legal awareness will improve relatively quickly than if you had learned it in other ways. But this is the latter method is not advisable, and the former method is not likely to let you encounter it often in your life, so the best way is to help the people around you who need legal assistance or even people you don't know (including netizens) by learning legal expertise and applying it in your life and work, you will quickly improve your level of legal knowledge, and when the people you help get help because of your help, your legal awareness will naturally improve. Emergency avoidance: In order to protect the state, the public interest, the person, property and other rights of oneself or others from the danger that is occurring, the emergency avoidance act taken as a last resort, and the damage is caused, shall not be criminally responsible.

Where emergency evacuation exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.

Defendant's point of view: Since she was chased by gangsters and fled to B's commissary, it is an "emergency avoidance" in the law, and she is also a victim and should not pay for B's medical expenses.

The plaintiff's point of view: A's situation does not meet the requirements of "emergency avoidance", and the measures taken for emergency avoidance must be that there is no other way, and only such a way out can be called "emergency avoidance", and at that time, A could not only flee to B's commissary to ask B for help, but also seek other help, such as calling the police, asking others for help, etc., so A's approach was not "emergency avoidance" at all.

The court ruled that A's practice was not an "emergency avoidance", and that A transferred the danger that might happen to him to B, causing him to suffer, which is legally called "risk transfer", so A should be responsible for B's medical expenses. Suddenly I feel a little tired!

There is always an inexplicable upset in my heart! I don't know what I should do or what I can do!

"Law Lecture" is a legal knowledge column of CCTV12, which tells the legal theory and legislative background of relevant laws and regulations, and the judicial history of China and foreign countries through the form of expert theme lectures and background introductions. The legal principles and perspectives are in the story, close to life and close to the people. As a talk program on the legal channel, "Law Lecture Hall" is how to find the right entry point between television and the legal system, explore the intrinsic connection between television means and legal education, and give full play to the educational role of television.

The Chinese name is "Law Lecture Hall".

The foreign name is "Legal Forum".

Broadcast time. : 45 and other versions of the Chinese name.

Legal Forum

Broadcast time. : 45 etc.

Literature and history edition, life edition.

The main content of the law lecture 20151203 is the story of an old gentleman who remarried and was robbed of 200,000 yuan by his later wife and stepdaughter.

The remarried wife in the countryside hopes that the remarried wife will help take care of her children, but there are huge differences in living habits, misunderstandings and contradictions. In the end, the wife decided to take a risk and joined her daughter to commit a robbery.