Is it a crime to fine an employee on a trumped up basis?

Whether being fired by the company on trumped-up charges violates the labor law depends on the actual situation.

Since the employer can terminate the labor contract without compensation if the employee has one of the circumstances specified in Article 25 of the Labor Law of the People's Republic of China, many employers use this provision to circumvent the law, but the Labor Law has strict restrictions on the employer using this provision to dismiss the employee.

If the labor rules and regulations formulated by the company violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections;If damage is caused to the worker, he shall be liable for compensation.

If an employee refuses to be commanded by the management of the employer in violation of rules and regulations or forced to work at risk, it shall not be regarded as a violation of the labor contract. Workers have the right to criticize, report and accuse the employer for working conditions that endanger life safety and health.

Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

In China, criminal laws and regulations mainly include the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, as well as judicial interpretations of the relevant criminal law and criminal procedure law, and the provisions of the relevant criminal law in relevant laws and regulations.

It is the Criminal Law of the People's Republic of China. There are no laws and regulations, and if there are any, there are some judicial interpretations of the criminal law, but there is only one legal article.

Criminal law is divided into broad and narrow senses. Criminal law laws and regulations should refer to criminal law in a broad sense.

Criminal law in the narrow sense refers only to criminal codes that systematically prescribe crimes, criminal liability and penalties. In China, it refers to the current Criminal Law of the People's Republic of China.

Criminal law in the broad sense refers to the sum total of all legal norms that provide for crimes, criminal responsibility and punishment. It does not only refer to the Criminal Code, but also includes decisions or supplementary provisions that amend and supplement parts of the Criminal Code, and decisions or supplementary provisions that partially amend and supplement the Criminal Code, which is theoretically called a separate criminal law;The criminal liability clause in non-criminal law is theoretically called subsidiary criminal law. Thus, broad criminal law consists of a criminal code, a separate criminal law and a subsidiary criminal law.

Criminal Codes, Judicial Interpretations, etc., including substantive and procedural laws, etc., are numerous.

No, only those who violate the criminal law are called crimes.

Criminal offenses.

Sex refers to the violation of the criminal law, that is, the conduct of a person meets the elements of the crime specified in the specific provisions of the criminal law. The response to a criminal offense is a legal characteristic of a crime, and it is a legal evaluation of the negation of a criminal act. Under the principle of legality, there is no criminal illegality, and there is no crime.

Therefore, criminal illegality is an essential feature of crime.

Civil, administrative, criminal, and procedural violations are all called violations.

Hello. Offences can only be regulated by the Penal Code or a separate criminal code. Other legal provisions may set out the conditions for the offence, but they need to be reflected in the criminal law. Otherwise, the principle of legality is violated.

It should be punished as the crime of picking quarrels and provoking trouble. It is a circumstance provided for in paragraph 3 of article 293 of the Criminal Law of the People's Republic of China. This case is easily confused with the crime of intentional injury and robbery in terms of conviction, but it can be distinguished from the crime of robbery after careful analysis.

First of all, this case clearly does not meet the constitutive elements of the crime of intentional injury, because the defendant did not aim to injure the body of another person, but kicked the victim out of not wanting the victim to grab him. As for the difference between the crime of robbery and robbery, according to the interpretation of Article 4 of Item 9 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Snatching (Fa Fa [2005] No. 8), the crime of picking quarrels and provoking troubles is a crime that seriously disrupts social order, and when the perpetrator commits the act of picking quarrels and provoking troubles, it may objectively also be characterized by forcibly taking public or private property.

The difference between this kind of forcible behavior and the crime of robbery is that the former actor subjectively also has the purpose of being reckless and competitive, and filling his mental emptiness by taking force, while the latter actor generally only has the purpose of illegally taking possession of other people's property; Objectively, the former perpetrator generally does not use methods that seriously infringe on the personal rights of others to forcibly take property, while the latter perpetrator uses violence, coercion, or other means as a means of stealing others' property. It can be seen from this case that Defendant A is a ruffian, and in the process of putting the banana in the trunk, that is, when the banana is out of the control of the victim B, he did not use violence, but kicked the person behind him.

The value of the banana does not cause him to commit robbery because he wants to take possession of it, so I personally believe that the defendant is more in line with the characteristics of the crime of picking quarrels and provoking trouble.

1。Failure to pay for the banana constitutes robbery.

Criminal Law Article 263:Whoever robs public or private property by violence, coercion, or other means is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment, or death is to be given, and a concurrent fine or confiscation of property is to be given

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2。A then kicked him in the abdomen, causing B's spleen to rupture and undergoing splenectomy that night. According to the forensic examination, the injury was a serious injury, constituting the crime of injury.

Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

The crime of robbery depends on the nature of the crime of assault, and the crime of assault should be evaluated by a medical officer.

If it has an impact on society, it should be dealt with severely.

Robbery for sure.

Someone upstairs said:"In the process of putting the banana in the trunk, that is, when the banana was taken out of the control of victim B, he did not use violence, but kicked the person behind him. "

Here's why. Because the shopkeeper thinks you're going to buy something. If it's not in the store, but in someone else's house. You"Put the bananas in the trunk"Let's see if there's a reaction.

A's behavior. The first is for the purpose of unlawful possession. That's for sure. Although it's just a bunch of bananas.

put"Put the bananas in the trunk"In specific cases. in the store. This act can be considered legitimate. But the next thing to do is to pay. If the money is paid. OK no problem. Don't want to pay now.

The conditions for embezzlement of property are met (in judicial practice. Surely they won't be robbed for a bunch of bananas. The bad is the bad kick in the back.

Otherwise, it is not a crime. For the embezzlement of property. Kicked someone to serious injury.

Personal injury. Meets the requirements: Robbery of public or private property by violence, coercion or other means.

And the consequences are serious.

It is incorrect for the second floor to interpret this behavior separately. "1。Failure to pay for the banana constitutes robbery.

This argument is untenable. I didn't pay for stealing. Certainly not a robbery.

And it was said above. In a small shop in general. It's all about picking the good things first and then paying for them.

Upstairs someone said it was a conversion. Not really. This case does not meet the transformation of the crime of robbery.

Conversion is theft. Snatch. After the scam acts.

In order to harbor dirtExterminate incriminating evidence. Resist arrest.

and the use of violence or threats of violence on the spot.

And this case. There is no conversion. An act is not over yet. It is not illegal to take bananas. Seriously injured after a kick in the back. This is the reverse look at bananas and then constitutes a robbery.

So. A is guilty of robbery. It is an aggravated offense. Generally more than 10 years.

First of all, correct the eighth-level great magician called Mao Mao to control the water, he said.

1. Failure to pay for bananas constitutes the crime of robbery.

Judging from the interpretation of the criminal law alone, it seems to constitute the crime of robbery, but it is not. The fact that A did not premeditate the robbery and how to rob it cannot be convicted of robbery, and the public security organs will certainly ask A why he did so when making a record of his interrogation, and A will certainly not say that it was to rob a few bunches of bananas.

It's mine. A is guilty of intentional injury.

It is transformed from the crime of picking quarrels and provoking trouble. There is no clear difference between the crime of picking quarrels and provoking troubles and the crime of intentional injury in terms of personal injury (the crime of picking quarrels and provoking troubles includes intentional damage to public or private property and intentional wounding), both of which are based on subjective intent and are characterized by the victim's injuries. Generally, if the injury is more than minor, it constitutes the crime of picking quarrels and provoking trouble, and if the serious injury or death is serious, it constitutes the crime of intentional injury.

First of all, according to A's consistent performance, he did not take the banana for secret possession, not theft, and even if B went to arrest A and A resisted, it would not constitute a transformational robbery. It should belong to picking quarrels and provoking troubles, or beating others at will. However, since it caused serious injury to another person, it should constitute the crime of intentional injury causing serious injury.

Convicted of intentional injury. In this case, A's conduct violated the legal provisions on the crime of picking quarrels and provoking troubles and the crime of intentional injury, and the crime of intentional injury should be convicted according to the principle of criminal law that felonies absorb misdemeanors.

Hello. I'm an 803 worker!

No 100 words required!

The state of affairs is obvious! Intentional Injury! The reason is between A's local social status and the acts he committed, and he may even have a criminal record!

The judge should sentence A for intentional injury and B for robbery! But in the case, B exchanged a spleen for a banana, and the judge should not hold B responsible!

Robbery and intentional injury, with heavier penalties.

According to the relevant laws and regulations stipulated in the Criminal Law of the People's Republic of China, the crime of intentional injury should be punished heavily!!

He is in defiance of the law and the sentence is certain But it depends on his social status No money 10 Rich.

Lyda.com:

There are two main types.

The right to personal liberty.

Deprivation of political rights refers to the criminal punishment method of depriving criminals of their right to participate in state management and political activities for a certain period of time in accordance with law.

1.The right to hold positions in State organs. State organs include organs of state power, administrative organs, judicial organs and military organs at all levels.

Holding positions in state organs refers to holding leadership, management, or other work positions in the above-mentioned state organs. In other words, a person deprived of his or her political rights cannot hold any position in the functionaries of state organs.

2.The right to hold leading positions in state-owned companies, enterprises, public institutions, and people's organizations. Persons deprived of political rights may continue to work in state-owned companies, enterprises, public institutions and people's organizations, but may not hold leadership positions.

3.The right to vote and to be elected. The right to vote refers to the right of citizens to participate in election activities and vote for people's representatives and other positions according to their own free will, that is, the right to participate in voting elections; The right to be elected refers to the right of citizens to be nominated as candidates for the positions of people's deputies and to be elected for the posts of people's deputies and other posts according to the provisions of the Election Law.

The right to vote and to stand for election is a basic political right of citizens, a necessary prerequisite and an effective way for citizens to participate in the administration of the country.

4.The right to freedom of speech, of the press, of assembly, of association, of procession and of demonstration. The so-called freedom of speech refers to the freedom of citizens to express their intentions in words; Freedom of the press refers to the freedom to publish works in the form of words, sounds, paintings, etc., to express ideas to society; Freedom of association refers to the freedom of citizens to form a certain social organization for a certain purpose; Freedom of assembly, procession, and demonstration are all freedoms for citizens to express their opinions and wishes, but in different ways.

These six freedoms are the basic political freedoms of citizens stipulated in the Constitution of our country, and they are the people's free right to express their opinions, participate in political activities, and manage the state.

When sentencing criminals to deprivation of political rights, the period of deprivation of political rights shall be determined on the basis of the nature of the crime, the degree of harm, and the severity of the circumstances, especially the additional sentence of deprivation of political rights, which shall be commensurate with the severity of the principal sentence imposed.

Deprivation of political rights may be applied either in addition or independently. Where the law provides for additional application of deprivation of political rights, it is generally a more serious crime, and where the deprivation of political rights is applied independently, it is generally applicable to a less serious crime.

Legal fiction, also known as statutory fiction, is to deal with acts that do not conform to a certain provision in accordance with that provision.

The objective of a legal fiction is usually to apply what is made in respect of one constituent element to another.

China's criminal law provides for many legal fiction provisions. For example, Article 269 of the Criminal Law stipulates that anyone who commits the crime of theft, fraud, or robbery, and uses violence or threatens violence on the spot in order to conceal stolen goods, resist arrest, or destroy criminal evidence, shall be convicted and punished in accordance with the provisions of Article 263 of this Law (robbery).

The acts provided for in this article did not meet the constitutive elements of the crime of robbery, but the legislature passed a legal fiction to give it the same legal effect as the crime of robbery. In the absence of such a legal fiction, it is clear that the above-mentioned acts cannot be punished as robbery. Similarly, Article 238, Paragraph 2, Article 241, Paragraph 5, Article 247, Article 248, Article 253, Paragraph 2, Article 292, and Article 333, Paragraph 2 of the Criminal Law are all provisions on legal fiction.