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Stories involving a variety of legal knowledge
1, the election is no joke.

One morning in 2004, there was a woman in her forties in Lizhuang, A city. Because of her conflict with Deng, the candidate of the township people's congress, when the voters in the village were voting for the township people's congress, she actually gathered some villagers to stop the election, insulted and hindered other voters from voting, and also booed and pushed the staff, robbed the ballot boxes for electing the deputies to the people's congress and tore up the votes. The staff threw the remaining election ballot boxes into the river near the village and had no choice but to return. Article 52 of the Election Law of People's Republic of China (PRC) and the Election Law of the National People's Congress and local people's congresses at various levels stipulates: "In order to ensure voters and deputies to freely exercise their right to vote and stand for election, those who use illegal means such as violence, threats, deception and bribery shall be given administrative or criminal sanctions according to law." Soon, several people who openly sabotaged the election of deputies to the National People's Congress were formally detained in criminal detention. He was later sentenced to fixed-term imprisonment and criminal detention.

2, we must go forward bravely, take the right path, and spend money to bribe the election will be punished.

A town in Yueyang City, Hunan Province held a meeting to elect a deputy mayor. Zou Lu, the 34-year-old stationmaster of this town's animal husbandry and fishery station, informed Zou You and Chai Rong to discuss how to run for deputy mayor. Zou Luwu decided to pay 3,000 yuan, Zou You and Chai Rong paid bribes to NPC deputies they were familiar with, and * * * paid bribes to 27 NPC deputies. Zou Luwu also used his status as the head of the fourth delegation of the town people's congress to greet the deputies of the town people's congress and was successfully elected at the election meeting.

Article 256 of China's criminal law defines the act of sabotaging elections as the crime of sabotaging elections. This crime refers to a serious act that violates the provisions of the election law by means of violence, threats, deception, bribery, forgery of election documents, false reporting of election votes, etc. Or hinder voters and deputies from freely exercising their right to vote and stand for election. The local county people's court recently made a judgment on Zou Luwu's bribery case and sentenced him to deprivation of political rights 1 year for "destroying elections". In June this year, Zou Luwu was removed from the post of deputy mayor by the town people's congress for accepting bribes. Zou You and Chai Rong who participated in the planning of bribery were exempted from criminal punishment.

3. Building schools is a good thing. Do you regret deforestation?

"Director Ma of our village was sentenced to 2 years in prison, which is so shameful!" That's what the villagers say. What's going on here? It turned out that in the spring of 200 1 year, a primary school in a mountainous village in Anhui province was in disrepair for a long time, which had serious security risks. Because the local village is too small, the township people's government has no money to support it, so the money for repairing the school can only be solved by the village, which doesn't have that much money. What should I do? Finally, Ma, the director of the village committee, decided to win the target of cutting down 40 cubic meters of wood from the county forestry bureau as materials and funds for construction. As a result, due to the high cost, Ma led the villagers to cut down 200 cubic meters without authorization. When a beautiful school was about to be completed, the police officers took the horse away. Because his behavior violated the forest law and criminal law, he was sentenced to two years in prison. Why was Director Ma sentenced for doing good deeds? It turns out that Article 345 of China's Criminal Law has such a provision: "Whoever illegally cuts down forests or other trees in violation of the provisions of the Forest Law, in large quantities, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. " It seems that we should obey the law when doing good deeds.

20 14 teacher qualification examination in the second half of the year, preparing for the middle school teacher qualification examination, primary school teacher qualification examination, kindergarten teacher qualification examination and teacher qualification interview.

It is a lesson that teenagers destroy saplings and harm others and themselves.

1989 One day, Wang, a senior one student in Jiaxing (18 years old), was arrested by public security personnel according to law. The news spread around the school. Why? It turned out that Wang was arrested because his uncle and his father had been at odds for a long time. Some time ago, the two families had a big fight over the house. Because my father was a little older, my uncle broke his head and spent more than 20 yuan on medical expenses. Later, my father asked my uncle for medical expenses, but he refused. When Wang came home from school on Sunday, he was really flustered when he heard about it. That night, he cut down all 500 fruit seedlings planted in his uncle's house for nine months, and when these fruit seedlings were bought back, they only cost 1.800 yuan, so he calculated the maximum compensation. Why arrest them? In fact, this is because Wang is too ignorant. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources, "anyone who arbitrarily cuts forests or other trees owned by the state, collectively owned, owned by others or contracted by others shall be convicted and punished for the crime of illegal logging. Illegal felling of trees is "a large number", starting from two to five cubic meters or one hundred to two hundred young trees. " Wang cut off all 500 fruit seedlings of his uncle's family, and the plot was "a large number". Later, because Wang was under the age of 18, I pleaded guilty with a good attitude and did no harm to society. After 30 days of criminal detention, the local people's court decided to let his parents compensate his uncle for his economic losses and avoid prosecution, but this incident really taught Wang a profound lesson.

5. Labor disputes should be handled according to law.

One day, Zhang Huilai, a migrant worker from Guangde, Anhui Province who came to work in Zhili, Huzhou, had a quarrel with his boss Liu, who immediately dismissed Zhang Huilai and seven others. Zhang Huilai was very angry and threatened Liu: "If you dare to fire us, I will kill your two children!" More than 40 fellow villagers were immediately called, and the atmosphere between the two sides was tense. Mary Ng, director of the town judicial office and executive deputy director of the center for mediation of contradictions and disputes, immediately called both parties. After listening carefully to the complaints of both sides, he moved with emotion and made sense of it, and publicized relevant laws on them. After doing the work, Zhang Huilai and other seven people finally agreed to terminate the labor relationship with their boss Liu, but asked the mediation center to help them recalculate the total piece rate. Mary Ng took all 23 different styles of clothes made by Zhang Huilai and others to the mediation center, and objectively and fairly evaluated the salary of each piece of clothes according to the market price. Zhang Huilai and others are very satisfied with the salary of 1 1660 yuan. A dispute that may lead to a vicious incident has finally been solved. So what method does Mary Ng use to promote it? Mainly article 17 of the labor law. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract. Article 18 A labor contract concluded by fraud or threat is invalid. Article 28 Where an employer terminates a labor contract in accordance with the provisions of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.

It seems that both employers and employees should be trained in relevant legal knowledge at ordinary times. Once a labor dispute occurs, it can be solved according to law, avoiding major vicious incidents, which is conducive to social harmony and stability.

6. It must be legal to pay overtime on holidays.

A clothing company arranged employees to work overtime during the National Day holiday because they were in a hurry. Zhang and other overtime workers offered to pay 300% overtime pay. The manager of the labor department of the company only agrees to arrange compensatory time off for overtime workers, and does not agree to pay overtime. To this end, Zhang reported to the labor security supervision brigade of the local labor security bureau, demanding that the company's wrong behavior be corrected and its own rights and interests be safeguarded. After receiving Zhang's report, the labor and social security supervision brigade found out through investigation and evidence collection that the company failed to pay overtime wages on the grounds that it had arranged compensatory time off after arranging employees to work overtime on legal holidays, which violated the Labor Law and ordered the company to make corrections within a time limit. The company reissued the overtime pay of Zhang and other employees within the time limit stipulated by the labor security supervision brigade.

7. The road to safeguarding rights according to law is long, and there is justice in the world.

Zhang Bin was recruited as a temporary newspaper deliveryman by Xianju County Post Office in Zhejiang Province. He doesn't regard himself as a temporary worker, but he has the same professional pride as a regular employee as a "green angel". He goes out early and comes back late every day, and his work is practical. There has never been a case of late or wrong newspaper delivery, so it has won unanimous praise from customers and post office leaders.

1997 One day, while delivering newspapers and periodicals by bike, Zhang Bin was seriously stabbed in his right eye by bamboo on a tractor, and his right eye retina fell off. After nearly 1 month of treatment, although the eyes were saved, they were identified as grade 6 disability, the right eye was almost blind, and the vision of the left eye dropped to 0. 1.

The sudden accident made Zhang Bin want to cry, and the pressure of survival became an unavoidable shadow in his heart. Although the post office agreed to reimburse Zhang Bin's medical expenses, it thought that Zhang Bin was only a temporary worker in this unit, so it only agreed to pay Zhang Bin's salary 12 months as a one-time disability allowance.

1999, Zhang Bin filed a lawsuit with the court, demanding that the county post office and the county telecommunications bureau * * * pay medical expenses, disability benefits and other expenses totaling more than 26,500 yuan, and arrange work and enjoy the treatment of employees and other related industrial injury insurance benefits.

Finally, the lawsuit went to the Higher People's Court of Zhejiang Province. In 2002, after the provincial procuratorate protested, the provincial high court directly retried the case, and recently made a final judgment: the county post office and the county telecommunications bureau shared Zhang Bin's medical expenses and work-related injury allowance of more than 9,000 yuan in proportion to their assets, and 330 yuan was paid monthly.

Why did Zhang Canbin win the lawsuit? This is because the treatment of industrial injury insurance is the legitimate rights and interests given to workers by the Constitution and the Labor Law, and it is a compulsory social insurance system established by the state to protect the legitimate rights and interests of workers, promote safe production and maintain social stability. As a compulsory welfare treatment, industrial injury insurance is a natural right enjoyed by every enterprise employee.

7. The road to safeguarding rights according to law is long, and there is justice in the world.

Zhang Bin was recruited as a temporary newspaper deliveryman by Xianju County Post Office in Zhejiang Province. He doesn't regard himself as a temporary worker, but he has the same professional pride as a regular employee as a "green angel". He goes out early and comes back late every day, and his work is practical. There has never been a case of late or wrong newspaper delivery, so it has won unanimous praise from customers and post office leaders.

1997 One day, while delivering newspapers and periodicals by bike, Zhang Bin was seriously stabbed in his right eye by bamboo on a tractor, and his right eye retina fell off. After nearly 1 month of treatment, although the eyes were saved, they were identified as grade 6 disability, the right eye was almost blind, and the vision of the left eye dropped to 0. 1.

The sudden accident made Zhang Bin want to cry, and the pressure of survival became an unavoidable shadow in his heart. Although the post office agreed to reimburse Zhang Bin's medical expenses, it thought that Zhang Bin was only a temporary worker in this unit, so it only agreed to pay Zhang Bin's salary 12 months as a one-time disability allowance.

1999, Zhang Bin filed a lawsuit with the court, demanding that the county post office and the county telecommunications bureau * * * pay medical expenses, disability benefits and other expenses totaling more than 26,500 yuan, and arrange work and enjoy the treatment of employees and other related industrial injury insurance benefits.

Finally, the lawsuit went to the Higher People's Court of Zhejiang Province. In 2002, after the provincial procuratorate protested, the provincial high court directly retried the case, and recently made a final judgment: the county post office and the county telecommunications bureau shared Zhang Bin's medical expenses and work-related injury allowance of more than 9,000 yuan in proportion to their assets, and 330 yuan was paid monthly.

Why did Zhang Canbin win the lawsuit? This is because the treatment of industrial injury insurance is the legitimate rights and interests given to workers by the Constitution and the Labor Law, and it is a compulsory social insurance system established by the state to protect the legitimate rights and interests of workers, promote safe production and maintain social stability. As a compulsory welfare treatment, industrial injury insurance is a natural right enjoyed by every enterprise employee.

8. The protection of cultural relics is short-sighted and short-sighted. One day in 2003, villagers in a village in Zhejiang demolished this ancient stone bridge built in Jiaqing period of Qing Dynasty for the convenience of travel. The bridge was recognized as a municipal cultural relics protection unit in 200 1 year. Why do villagers have to tear it down? It turns out that this bridge has seriously affected the traffic of the villagers, and it is very expensive to build a cement bridge next to it, which is the economic foundation of the village. So everyone decided to sell the ancient bridge stone to a unit in Wuzhen, Tongxiang at a price of 6.5438+0.2 million yuan, and use the money to build a cement bridge with a car on the original site. Later, the local town government reported to the district Committee that the district Committee ordered the town government to recover the ancient bridge stone, but the stone bridge could not be restored. That's a real pity.

It is not in their long-term interests for villagers to do so, and it is also an illegal act. According to Article 25 of the Law of People's Republic of China (PRC) on the Protection of Cultural Relics: "If non-state-owned immovable cultural relics are transferred, mortgaged or changed, they shall be reported to the corresponding cultural relics administrative department for the record according to their grades; If the local people's government contributes funds to help repair, it shall report to the corresponding cultural relics administrative department for approval. "

Article 26 also stipulates: "The use of immovable cultural relics must abide by the principle of not changing the original state of cultural relics, be responsible for protecting the safety of buildings and their affiliated cultural relics, and shall not damage, rebuild, add or dismantle immovable cultural relics."

It seems necessary to educate farmers about the legal system and Scientific Outlook on Development.

9. The responsibility of students who have an accident in class lies in not listening to advice.

Zhang, a junior two boy from a rural middle school in a city, is very active and likes physical education class very much. But every year, the physical examination of school students found that he had congenital heart disease. He repeatedly advised his parents to treat him, but decided not to go to physical education class. His parents set up a factory outside the province to see that he was in good health. The school teachers and principals repeatedly called his parents to cooperate, but they all ignored him. He also told us that we were responsible for letting the school let Zhang go to physical education class. In order to be prudent, the school asked him to have a rest in the classroom, physical education class, and asked him to have a civilized rest indoors. After understanding, he can have a normal rest in the classroom.

One day, all the other students in the class went to physical education class outdoors, leaving Zhang alone in the classroom. Zhang is bored. He jumped into the classroom and reached for the fluorescent lamp. As a result, the light was smashed and the fragments hit him on the head, which not only caused trauma, but also caused heart disease. Fortunately, the teacher found it in time and sent it to the county people's hospital for rescue. The final escape cost 12000 yuan. Soon parents came to the school to ask for compensation, saying that this would not happen if the school let it go to physical education class.

So did the school do the right thing? It should be right, because the school is in accordance with Article 14 of the Regulations on School Health Work. "Schools should establish a student health management system. According to the conditions, students are regularly examined, and students' physical health cards are established and included in the student files. If the school finds that the students have organic diseases in the physical examination, it shall cooperate with the parents of the students for referral treatment. Schools should strengthen medical care and mental health work for disabled and frail students. "So later, parents stopped making claims.

10, what are you fighting for only for physical education class?

A citizen who runs a junior high school attaches great importance to the quality of teaching. At every meeting, the headmaster would say, "The quality of teaching is our life. If you don't do well in the senior high school entrance examination this year, the enrollment situation will be very severe and some teachers will be laid off. So we have to cut some minor courses. For example, the physical education examination is operated by the school itself, and less classes will not affect the physical education performance. Mr. Wu, who teaches physical education class in Senior Two and Senior Three, is a famous teacher in the city. He expressed different views on the school's practice of cutting off physical education class in Senior Three. On one occasion, Mr. Wu and the headmaster had an argument, so that the junior three students had two physical education class classes every week, which was later reflected to the Municipal Education Bureau. The leaders of the Municipal Education Bureau praised Mr. Wu as a well-known teacher, and criticized and educated the principal of the school, requiring junior high school to hold three full-time classes of physical education class every week.

Why should the leaders of the Municipal Education Bureau praise Mr. Wu? Because according to Article 10 of the School Physical Education Regulations: "Extracurricular sports activities should proceed from reality, adjust measures to local conditions, and be lively. Ordinary primary and secondary schools, agricultural middle schools, and vocational middle schools should arrange inter-class exercises every day, and arrange extracurricular sports activities more than three times a week to ensure that students have one hour of sports activities every day (including physical education class). " Obviously, the school's previous practice is not appropriate.

1 1, the entrance examination is not sponsored, let alone sponsored.

On September 1 2004, in the principal's office of a famous public primary school in Hang Cheng, a new parent, Chen Mou, was arguing with the principal. Why did they quarrel? It turns out that for many years, schools have to take the entrance examination for new students, and if the results are not good, they have to pay a certain sponsorship fee. This year, children in Chen Mou have reached the age of six, and they also took the school entrance examination on August 20th. As a result, they failed in math, and the school informed them to pay a sponsorship fee of 2000 yuan, and they were not allowed to bargain. On August 27th, Chen Mou came to the school to argue, and the headmaster told him that this was a rule of the school for many years and could not be changed. Later, Chen Mou called his sister who was a teacher in Ningbo. His sister told him that what the school did was wrong. The school has violated the Measures for the Administration of Compulsory Education Student Status in Zhejiang Province and should refuse to pay the sponsorship fee. So there was the above statement, and as a result, the school gave up the unreasonable request to pay 2000 yuan for sponsorship. According to Article 5 of the Measures for the Administration of Students' Status in Compulsory Education in Zhejiang Province, Chen Mou stipulates: "School-age children and adolescents are admitted to the school nearby without examination. Children who have reached the age of six, regardless of gender, nationality or race, must enter school according to law and complete nine-year compulsory education according to regulations. "

12, the wooden workshop entered the garden and poisoned the children for three months.

At 8 o'clock one morning, when parents sent their children to a private kindergarten in Beijing, they found that on the second floor of the kindergarten, two classrooms next to the Moon Bay class were full of wood, vats of paint and tables and chairs being made. The kindergarten corridor is filled with pungent paint smell and thick powder smell, and the sawtooth for construction is exposed on the window sill outside. When the parents went in, three migrant workers were under construction, and beds, bowls and chopsticks were all available.

Many children in this kindergarten have symptoms such as sniffling, itching all over, and decreased vision. According to informed parents' memories, children have been surrounded by paint and powder since years ago, and painters keep taking away what they have brushed and bringing in what they want to brush. Today is the grand opening of the wood workshop.

So parents asked the kindergarten to arrange their children's activities in a safe place, so the days when the children were unwell for more than three months finally ended. Why can parents solve this problem? It turns out that parents, as principals of kindergartens and consumers of education, have the right to know about kindergarten affairs and have the right to judge and supervise kindergarten work.

At the same time, the Regulations on the Administration of Kindergartens clearly points out that "the buildings and facilities of kindergartens must meet the national hygiene standards and safety standards" and "kindergartens should establish a safety protection system, and it is strictly forbidden to use toxic and harmful substances to make teaching AIDS and toys. In September 2004, the Ministry of Education issued a new "Guidelines for Kindergarten Education", which particularly emphasized: "Kindergartens must give priority to protecting children's lives and promoting their health. "The practice of the park obviously violates the requirements of national security laws and regulations, and it is urgent to standardize the behavior of park organizers and managers.

13. Rebuilding your own city walls and destroying cultural relics will be punished.

There is a place called Zhangguying Village in the south of Hunan Province. In June of 200 1 year, Zhangguying Village, as a typical ancient residential building, was built in strict accordance with feudal ethics and was listed as a national key protected cultural relic. Incredibly, the house where the villagers lived for generations became a national treasure overnight, and their lives changed accordingly. No matter what they do, they begin to be cautious, afraid of accidentally destroying cultural relics. A villager named Zhang Zaifa found that the wall of his house needed to be repaired and asked the village Committee to subsidize some maintenance costs. However, the village Committee has never funded Zhang Zaifa on the grounds that it has never set up a maintenance fund. Finally, one day, he found that his gable was about to collapse, so he tore down his old wall and rebuilt it himself. As a result, being detained by the local police station after rebuilding the fence immediately became the focus of discussion among the villagers. How can it be illegal for Zhang Zaifa to just tear down the old wall and rebuild it? The public security organs believe that Zhang Zaifa's behavior ignored the protection of Zhang's ancient building and demolished it privately, which violated the National Law on the Protection of Cultural Relics and violated the normal management activities of the national cultural relics protection.

The Law on the Protection of Cultural Relics stipulates: "The overall architectural style must be maintained under the guidance of the cultural relics department and in accordance with the principle of maintaining the original appearance. Maintenance involving cultural relics must be reported to the competent department of cultural relics. "

Zhang Zaifa was detained for illegally repairing the wall, which not only improved the protection system for Zhang Gu Ying village, but also greatly changed the villagers' thinking. They learned that building a house in the future must be approved by the national cultural relics department.

14, it is foolish to shit when you are in debt.

Zhang and Li have been business partners for many years. A few years ago, Zhang temporarily borrowed 6,000 yuan from Li for business needs. When Li saw that it was a friend who borrowed money, he didn't even want to borrow money. He also said, "Friends are your own business." Two years later, Zhang seems to have forgotten about borrowing money and never returned it to Li. So Li went to Zhang's house to ask for this 6000 yuan. As a result, Zhang came to a dead end. Now Li is in a hurry, and there is no evidence.

A few days later, Li came to Zhang's house with two friends and asked for 6000 yuan again. Zhang refused. At this time, Li was so angry that his friend held Zhang down and stuffed the shit he had already prepared into Zhang's mouth. He also said loudly: "Your mouth has no credit, it should be the anus."

Where did Zhang stand such an insult? A complaint brought Li to the local people's court. Li felt that he had gone too far and became very nervous. He hurried to the Zhang family to apologize. And said that he didn't want this 6000 yuan, but then Zhang sneered; "I'll give you 6000 yuan, but I've decided to go to court."

Soon, the local people's court sentenced Li to three years in prison for insulting his personality. Li is too stupid to solve the problem by such means, but he can solve it through proper legal channels. So what is the crime of insulting personality? Article 246 of the Criminal Law stipulates: "The crime of insulting personality refers to the act of openly degrading the personality of others and damaging their reputation by violence or other means, and the circumstances are serious.