Chasing "Sweeping the Dark Storm" fan "Children of the Qiao Family", both watching dramas and learning methods
The TV series "Sweeping Black Storm", adapted from real cases, has recently concluded. The play tells the story of the Central Anti-Evil and Evil Supervision Team's entry into Lvteng City, Zhongjiang Province to fight evil forces and capture the umbrella. Once it went online, it received great response. Netizens all said that "the scale is large and very real."
Then, what illegal and criminal behaviors exist in the intricate network of Luteng City?
This edition invites the judges of Haidian Court to interpret the legal knowledge in the play for you.
If you break your leg without signing, it can be revoked against your will
Plot: After the death of Ma Shuai, chairman of Xinshuai Group, the company shareholder Haige asked Li Chengyang to transfer the equity to himself.
Don't sign a contract?
Stop asking for legs.
Life-saving is important. Li Chengyang has no choice but to sign the equity transfer agreement. Is this agreement valid?
Interpretation
Article 150 of the Civil Code stipulates that the coerced party has the right to request the people’s court or arbitration institution to revoke a civil juristic act performed by a party or a third party by coercion against the true intention of the other party.
In other words, although "Broken Leg" is a play arranged by Haige, because Haige violently forced Li Chengyang to violate his true intentions and immediately signed the contract, so this equity transfer agreement is a revocable contract. After Li Chengyang is out of danger, he can apply to the court or arbitration institution for cancellation.
At the same time, Haige's behavior was to force others to transfer company shares by violent and threatening means, which may violate the provisions of Article 226 of the Criminal Law and be suspected of the crime of forced trading.
Beautiful loan is not beautiful, illegal collection of debts is a crime
Plot: The reporter Huang Xi made a secret visit to the Medical Beauty Center and discovered the "beautiful loan" trap behind it during the consultation process.
Why is "Beautiful Loan" so terrible?
Which laws are violated by the layers of routines?
Interpretation
"Beautiful Loan" uses consumers' eagerness to love beauty to provide short-term high-interest loans. The "Beautiful Loan" loan interest rate provided by the Drama Chinese Medical Beauty Center is 18% within three months and 25% outside of three months, which is a usury.
The first paragraph of Article 680 of my country's "Civil Code" stipulates that usury lending is prohibited, and the interest rate of borrowing shall not violate relevant national regulations.
The "Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending" stipulates that, in violation of national regulations, without the approval of the regulatory authorities, or beyond the scope of business, for the purpose of making profits, it regularly grants loans to unspecified social objects and disrupts the order of the financial market. If the circumstances are serious, they shall be convicted and punished for the crime of illegal business operations in accordance with the provisions of item (4) of Article 225 of the Criminal Law.
The medical beauty center used medical beauty services to cover illegal lending and was suspected of illegal business operations.
In the play, the "beautiful loan" provided by the Medical Beauty Center to customers, in addition to the apparently high interest rate, is actually the purpose of illegal possession by criminals in the name of the loan, which has constituted a "routine loan."
According to the "Opinions on Several Issues Concerning the Handling of Criminal Cases of "Routine Loan", "Routine Loan" is intended to induce or force the victim to sign a "loan" or a disguised "lending" or "mortgage" under the guise of private loans for the purpose of illegal possession. ""Guarantee" and other related agreements form false claims and debts by inflating the loan amount, maliciously creating breach of contract, wanton determination of breach of contract, concealing evidence of repayment, etc., and use litigation, arbitration, notarization, or the use of violence, threats and other means to illegally A general term for illegal and criminal activities related to possession of the victim's property.
In addition, the "Criminal Law Amendment (11)" that came into effect on March 1, 2021, added Article 293 after the crime of provoking quarrels and provoking quarrels in Article 293 of the Criminal Law: "In the following circumstances: 1. Collection of illegal debts arising from usury, etc., if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine or a fine: (1) Using violence or coercive methods; (2) Restricting the personal freedom of others Or invade other people's houses; (3) Intimidate, stalk, or harass others."
In the drama, during the consultation by Huang Xi, some customers reported on the scene that they were notified to repay the loan in advance. This is precisely because the criminals deliberately violated the contract. For the customers who are unable to repay, the criminals will use violence, intimidation and other methods to illegally collect collections. .
After the "Criminal Law Amendment (Eleven)" is implemented, this type of behavior will be suspected of creating disturbances.
Evil forces buying, selling, bullying and dominating the market must be severely punished
Plot: The vegetable tyrant Yang Dong has been monopolizing the vegetable market in Luteng City for a long time, manipulating vegetable prices, and suppressing other operators through violent means. Vegetable vendors dare not say anything.
Yang Dong uses this method to squeeze illegal interests and disrupt market order. Is the act of the dish tyrant Yang Dong illegal?
Interpretation
Article 50 of the "Anti-Monopoly Law" stipulates that if a business operator commits a monopolistic act and causes losses to others, he shall bear civil liability in accordance with the law.
Yang Dong demanded that the vegetable vendors in the market can only buy from him, and he also lowered the prices of the vendors, which greatly reduced the profits of the vendors. Yang Dong's monopoly of the vegetable market caused losses to others, and he should bear the corresponding civil liabilities.
In addition, Yang Dong used violence and threats to request vegetable vendors to buy goods from his own hands, and forced to buy and sell goods, which has constituted the crime of forced trading as stipulated in Article 226 of the Criminal Law.
Yang Dong recruited thugs, younger brothers to beat the vegetable vendor, and collected protection fees. He was also suspected of deliberately injuring, provoking trouble, racketeering, and organizing, leading, and participating in underworld organizations, and should be severely punished.
Secretly recorded video wants to blackmail despite being routinely still facing public security penalties
Plot: Sun Xing "speaks the truth after drinking", Xu Xiaoshan secretly recorded a video with the intention of blackmailing money, but after Sun Xing found out, Sun Xing took the initiative to transfer 3,000 yuan to Xu Xiaoshan, and then used blackmail to call the police.
Does Xu Xiaoshan's behavior constitute the crime of extortion?
Interpretation
Extortion refers to the act of intimidating, threatening or coercing the victim to illegally occupy the public and private property of the victim for the purpose of illegal possession.
Article 274 of the "Criminal Law" stipulates that if the amount of extortion of public or private property is large or the amount of extortion is large or repeated, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, concurrently or solely with a fine; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and a fine; where the amount is particularly large or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years and a fine.
The "Interpretation on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Extortion" stipulates that if the value of public or private property is 2,000 yuan to 5,000 yuan or more, 30,000 yuan to 100,000 yuan or more, and 300,000 yuan to 500,000 yuan or more, it shall be determined separately It is the "large amount", "large amount" and "extraordinarily huge amount" stipulated in Article 274 of the Criminal Law.
So, should Xu Xiaoshan's behavior be punished?
Article 49 of the "Public Security Administration Punishment Law" stipulates that anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; the circumstances are more serious. If they are detained for not less than 10 days but not more than 15 days, they may also be fined not more than 1,000 yuan.
Therefore, although Xu Xiaoshan's extortion behavior is not criminalized, he may still face public security management penalties.
What are the characteristics of triad organizations?
Plot: With the gradual in-depth investigation of the central supervision team, a large network of evil forces gradually surfaced. How to identify the organization of the underworld nature?
Interpretation
According to Article 294 of the Criminal Law, triad organizations should have the following characteristics:
(1) Form a relatively stable criminal organization with a large number of people, clear organizers and leaders, and basically fixed backbone members;
(2) Obtaining economic benefits through illegal and criminal activities or other means in an organized manner, and having certain economic strength to support the activities of the organization;
(3) Using violence, threats or other means to conduct many illegal and criminal activities in an organized manner, do evil, bully, and harm the masses;
(4) By committing illegal and criminal activities, or taking advantage of the shelter or connivance of state functionaries, to dominate a party, form illegal control or major influence in a certain area or industry, and seriously disrupt the order of economic and social life.
The article stipulates that those who organize or lead a triad organization shall be sentenced to more than seven years of imprisonment and confiscated property; those who actively participate shall be sentenced to more than three years but not more than seven years of fixed-term imprisonment, and may be fined or confiscated; others who participate , Sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights, and may also be fined.
In the play, the underworld organization in Luteng City uses Gao Mingyuan as the organizer and leader, Zheng Yihong and Cao Peng as the backbone, and Chen Jianbo, Cao Xiaofeng, and Yang Dong as members. The internal staff structure is from top to bottom, and the backbone members are stable.
They earn money by operating karaoke bars, casinos, controlling vegetable markets, and investing in real estate. They have economic strength and provide financial support for their illegal activities.
Engaging in illegal activities through the use of thugs, violent intimidation and other forms, using state personnel as the umbrella to control the important economic lifeline of Luteng City, bullying the people, and dominating one side. It is a gangland organization that meets the characteristics of the law and belongs to a gangland organization.
Gao Mingyuan, as the behind-the-scenes of the underworld forces, organized and led gangland organizations, and committed many illegal and criminal activities such as deliberate homicide, and was suspected of organizing, leading, and participating in gangland organizations.
Crimes of Public Officials Sheltering and Conniving Triads, Involving Favoritism and Breaching the Law
Plot: He Yun is the executive deputy director of the Luteng City Public Security Bureau and the director of the Anti-Magazine Office of the City Public Security Bureau. As a judicial officer, she knows the law and protects herself for personal gains. She provides an umbrella for Sun Xing and Gao Mingyuan’s criminal activities, causing serious consequences. So what laws did He Yun's behavior violate?
Interpretation
The first paragraph of Article 399 of the Criminal Law stipulates that judicial staff will pervert the law for personal gains and betray the law, prosecute those who know they are innocent, and deliberately shield those who know they are guilty. Those who prosecute, or deliberately violate the facts and laws in criminal trial activities to make a judgment in violation of the law shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; if the circumstances are particularly serious, they shall be sentenced to not less than 10 years Fixed-term imprisonment.
Gao Mingyuan and others belong to the underworld organization. The third paragraph of Article 294 of the Criminal Law stipulates that if the staff of state agencies shelters underworld organizations or connives underworld organizations to conduct illegal and criminal activities, they shall be sentenced to not more than five years. Fixed-term imprisonment; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years.
He Yun used her power to wash away Sun Xing, Gao Mingyuan and others for many times, so that the criminals were exempted from punishment and were suspected of betraying the law for personal gain.
As a staff member of a state agency, He Yun shielded and condoned gangland organizations. He was suspected of harbouring and condoning gangland organizations and should be punished in accordance with the provisions of concurrent punishment for multiple crimes.
Text / reporter Zhu Jianyong
The family emotional drama "Children of the Qiao Family" starring Bai Yu, Song Zuer, Mao Xiaotong and others tells the story of Qiao's five children supporting each other and living hard through the hard years since the 1970s.
Since the broadcast, "Children of the Qiao Family" has gained a good reputation. This edition specially invited Zhong Wenqing, assistant judge of the People's Court of Shijingshan District, to review the many legal issues hidden in the play.
Q1: The childhood Qiao Sanli was molested by Li Heman. This incident left a great childhood psychological shadow on her.
So how is Li Heman's behavior legally defined?
The judge said: There is a difference between the purpose and behavior of child rape and child molestation in the Criminal Law. According to the provisions of Articles 236 and 237 of the Criminal Law, rape is for the purpose of having sexual relations. , The mode of behavior is the adultery of sexual relations, and the molestation of children is for the purpose of seeking sexual stimulation, and there is no intention of sexual relations, and the mode of behavior is to commit obscene behaviors other than sexual assault on children.
How to determine Li Heman’s behavior in the play depends on whether Li Heman’s intention to have sex with Sanli’s misconduct is whether the behavior he took is sexual assault or an indecent and obscene behavior other than sexual assault.
If Li Heman sexually assaulted Sanli for the purpose of having a sexual relationship, and failed due to Qiao Yicheng's timely discovery, then Li Heman's behavior is an attempted rape.
If Li Heman didn't want to have sex, but took an obscene behavior other than sexual assault on Sanli, then his behavior would be child molestation.
Q2: Sanli was bullied by Li Heman, but Qiao Zuwang (Sanli's father) asked Li Heman for money and personal belongings. Is Qiao Zuwang's behavior legal?
The judge said: According to Article 274 of the Criminal Law, the crime of extortion refers to the act of intimidating, threatening or coercing the victim to illegally obtain the property of the victim for the purpose of illegal possession.
After learning that Sanli was bullied by Li Heman in the play, Qiao Zuwang grabbed a knife and rushed into Li Heman’s house. The audience thought that Qiao Zuwang was only going to teach Li Heman a lesson. Who knew Qiao Zuwang was just asking Li Heman for a bit. Money.
If Qiao Zuwang used to report on Li Heman’s misconduct against Sanli for the purpose of asking for money at the beginning, or threatened with violence, and the amount of money eventually demanded was relatively large, then Qiao Zuwang’s behavior would constitute the crime of extortion. NS.
The Criminal Law clearly stipulates that if the amount of extortion of public or private property is large or multiple extortions, the penalty is not more than three years in prison, criminal detention, or surveillance, and a fine or a fine; if the amount is huge or there are other serious circumstances, the penalty is three. A fixed-term imprisonment of not less than 10 years and a fine shall be imposed; if the amount is particularly large or there are other particularly serious circumstances, a fixed-term imprisonment of not less than 10 years shall be imposed and a fine shall be imposed.
Q3: Qiao’s mother passed away when she gave birth to her fifth child. Qiao Zuwang raised four children alone (the fifth child, Qiao Qiqi, lives at his aunt’s house), and life has been difficult.
Therefore, Qiao Zuwang planned to send Simei for adoption. The adopters were Mrs. Shen and his wife introduced by Simei's second aunt. When the second uncle questioned her, the second aunt said: "They all have the formalities for adoption by the Civil Affairs Bureau. Yes!" So is the adoption in the play really "extraordinary"?
The judge said: In the play, Qiao’s family belongs to a single-parent family. Qiao Zuwang raises four children by himself. Life has always been difficult. The children often don’t have enough to eat. Qiao Zuwang belongs to biological parents who have special difficulties and cannot afford to raise their children. Belonging to the children whose biological parents have special difficulties and unable to raise them, the two of them meet the legal requirements for the adopter and the adoptee respectively.
Mr. and Mrs. Shen, who adopted Simei, have no children and have the ability to raise and educate Simei. From the perspective of character setting, Mr. and Mrs. Shen has no illness, has no criminal record, and is at least 30 years old, and meets the legal requirements for adopters. .
Since Simei’s mother has passed away long ago, Qiao Zuwang’s adoption of Simei can be done unilaterally, while Mrs. Shen and his wife jointly adopted Simei, and both Qiao Zuwang and Mrs. Shen’s adoption are voluntary.
In addition, although the age of Simei was not directly disclosed in the play, Qiao Zuwang deliberately asked Simei’s opinion before he was sent off. Simei expressed his willingness to be sent to live with Mrs. Shen and his wife, so he was also sent for adoption. Simei's own consent.
Therefore, the passage in which Mr. Shen and his wife adopted Simei in the play complies with the "Civil Code" regulations on adoption and adoption. It does belong to the "righteous children and eight classics" mentioned by Simei's second aunt, and it is a legal and compliant adoption. .
Q4: Ye Xiaolang secretly published Yicheng's material manuscript in the newspaper. What rights did Yicheng violate?
The judge said: According to Article 10 of the Copyright Law, the right of publication is one of the primary rights in copyright and one of the personal rights of copyright. It is the right of the author to decide whether to make the work public, including the right to publish the work and the right not to publish the work.
As long as the unpublished work is made public without the author’s consent, it violates the author’s right to publish.
In the play, by chance, Ye Xiaolang came into contact with Yicheng's manuscript. At that time, the manuscript had not been made public, but then Ye Xiaolang quietly published the stolen manuscript first, causing Yicheng's manuscript to be taken without his permission. It was made public and published in newspapers, so Ye Xiaolang's behavior violated 10% of the right to publish.
Q5: After Wang Yiding’s mother died, Wang Yiding and Qiao Sanli packed up their relics and found a tape recorder in the relic. The tape of the tape recorded Wang Yiding’s mother’s will: “The 20,000 yuan left and the old house belong to the eldest sons Wang Yiding and Sanli. The real estate certificate has been given to my cousin Jiang Lihua. "Whether the will left by Wang Yiding's mother in this form is valid?
The judge said: The Civil Code clearly stipulates that a recorded will must be witnessed by two or more witnesses, and both the testator and the witness shall record their names and the year, month and day on the day of making the will in the recording.
In addition, the "Civil Code" also stipulates that the testator must be a person with full capacity for civil conduct, and the will must come from the testator's true intention.
In the play, although Wang Yiding’s mother is a person with full civil capacity, the will made by it is legally a recorded will, but whether it is valid depends on whether there are two or more witnesses present when she recorded the will, and whether the recorded will is Record the names of the testator and the witnesses, the time when the will was made, and whether the will comes from their true intentions.
Q6: Qiao Sanli and Qi Chenggang opened a Bowen Five-Yuan Bookstore. When recruiting, Qi Chenggang told Xiao Meng who came to apply for the probation period for three months, and the two parties did not sign a written labor contract.
So is the three-month trial period legal?
The judge said: According to Article 19 of the "Labor Contract Law", if the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; if the term of the labor contract is more than one year but less than three years, the probation period shall not exceed Two months; for labor contracts with a fixed period of more than three years and without a fixed period, the probation period shall not exceed six months.
So whether the three-month probation period that Qi Chenggang requires of Xiaomeng is legal or not depends on Xiaomeng's specific labor contract period.
In the play, it is not clear whether Qi Chenggang signed a labor contract with Xiao Meng, nor did it clearly explain the length of work Xiao Meng spent in the bookstore, so whether the three-month probation period Qi Chenggang mentioned is legal is uncertain.
Article 10 of the "Labor Contract Law" clearly stipulates that a written labor contract should be concluded to establish a labor relationship. If a labor relationship has been established, but a written labor contract has not been concluded at the same time, a written labor contract should be concluded within one month from the date of employment.
Written labor contracts are the basic guarantee for workers’ employment. However, in daily life, employers do not sign labor contracts with workers from time to time. For this, the law also has clear regulations to provide workers with necessary protection , Article 82 of the "Labor Contract Law" stipulates that if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.
In addition to paying twice the salary, the employer should also make up a written labor contract with the employee.
It should be noted that Article 14 of the "Labor Contract Law" also stipulates that if the employer fails to enter into a written labor contract with the employee for one year from the date of employment, it is deemed that the employer and the employee have entered into an indefinite period of labor. contract.
Therefore, for the majority of workers, if the employer does not sign a labor contract with them when establishing a labor relationship, they must learn to use legal weapons to defend their legitimate rights and interests.
Q7: Qi Chenggang, whom Qiao Simei fell in love with, is an out-and-out scum man with a corrupt character and a problematic style. He even derailed many times after marriage.
Fortunately, Qiao Simei finally recognized the true face of the scumbag and stopped the loss in time.
Then, Qi Chenggang has derailed many times during marriage, can Qiao Simei ask for compensation for mental damage when divorced?
The judge said: The divorce caused by one party's bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members, or other serious faults, then the innocent party can claim compensation for mental damage at the time of the divorce.
In the play, Qi Chenggang cheated on many occasions during marriage and did not change after repeated teaching. Although he did not constitute a cohabitation with others, his behavior was bad in nature, contrary to public order and good customs, and hurt the couple's feelings greatly, which is generally a serious fault. Therefore, Qiao Simei can report to the divorce Qi Chenggang advocated compensation for mental damage.
In daily life, the parties concerned should increase their awareness and ability to use legal means to protect their legitimate rights and interests, and pay attention to retaining relevant evidence clues.
Q8: Wang Yiding had an accident when he was working in the workshop. Five or six people were injured because of the lazy fork workers in the workshop. Among them, Wang Yiding was the most injured and lost his fertility.
Is Wang Yiding's injury a work-related injury?
The judge said: According to Article 14 of the "Work Injury Insurance Regulations," those who are injured in an accident due to work during working hours and in the workplace shall be deemed as work-related injuries.
In the drama, Wang Yiding had an accident in the workshop during his work, which caused him to lose his fertility and suffered serious physical damage. The injury was caused by accident during working hours and in the workplace. Therefore, Wang Yiding’s injury was a work injury and could be enjoyed. Work-related injury insurance benefits include medical expenses, hospital food subsidies, transportation expenses, board and lodging expenses, rehabilitation treatment expenses, assistive devices expenses, suspension of pay, living care expenses, disability allowances, disability allowances, etc.
Text/Reporter Wang Jing