Yang is a college student from a poor area in western Hunan province. Before going to college, Huang had been a good student, when he was admitted to a famous university in Shanghai with the first college entrance examination score in the county. In the first year of college, Yang had good grades. To the second year, due to a moment of laxity, there are two homework failed, and in accordance with the rules and regulations of the school, failed courses must be repeated, and need to pay the expensive cost of retraining, two failed to pay 700 yuan. And from the poverty-stricken areas of the outstanding students Yang Mou, has a strong sense of self-esteem, coupled with the parents usually strict discipline, he did not dare to ask his family for the fee, he thought that this is too sorry for the parents to send a piece of high hopes. So Yang thought of his own work to earn money to solve this cost. He lied to his family that in order to exercise his ability to find a tutoring job, and asked his family to send his used junior high school books. However, the weather was not favorable, and the SARS epidemic hit the country, making the whole society panic, and the school also implemented measures to close the school.
So, Yang's plan to go out and tutor to earn money to pay for the retraining fees was also disrupted. But Yang is only 20 years old, and his family only gives with 400 yuan a month living expenses, if the living expenses to pay for the re-education fee, he has to two months without food and drink. Now Yang Mou fell into an unsolvable difficulty, the burden of thought is also getting bigger and bigger, seriously affecting the study and life, directly leading to the second semester of sophomore five homework failed, junior 2 homework each semester failed. At this time, Yang Mou a **** to pay 3100 yuan of re-training fees. 3100 yuan, for a college student from a poor area, is a rather expensive cost. In accordance with normal educational methods, from the point of view of caring for students, school counselors should promptly notify the student's parents, but Yang's parents have never been informed of Huang failed the exam and the need for a large amount of re-training costs.
In order to solve this retraining expenses with their own ability, Yang tried to find ways and means. He also worked at school to earn money to make up for the arrears of retraining fees. However, the income from work-study is far from enough to pay the cost of retraining; coupled with the school's repeated reminders, Yang felt disgraced. You know, everyone has self-esteem, and college students' self-esteem is even stronger. Yang was driven to desperation, a careless, misguided.
In the summer of 2004, Yang took the opportunity of the school vacation no one, stole the school library computer parts, and then assembled their own computers to sell. 2004 September, Yang was in the theft of the school security guards twisted.
School City Public Security Bureau of Cultural Protection Branch captured Yang, immediately after the implementation of its criminal detention of compulsory measures. Up to this point, Yang's parents learned that Yang above the fact, really like a bolt from the blue, to Yang's parents when a stick! Yang's parents learned of this news, immediately rushed to Shanghai to hire a lawyer for Huang's defense.
Through Shanghai Lawyer Online, Yang's parents found the site's Wu Bing lawyer.
Wu Bin lawyer after understanding the situation, that Yang's subjective malice is small, the circumstances are minor, the social harm is not great, and the school and the school cultural protection bureau to communicate, but the public security bureau still arrested Yang, and handed over to the prosecutor's office. Procuratorate case officers also believe that Yang Mou circumstances are minor, less harmful to society can be dealt with lightly, but hope that the school can produce a Yang Mou usually good behavior certificate. After the lawyer's efforts, the school finally agreed to issue a more objective statement. Since then, the Procuratorate has prosecuted Yang.
In the trial process, Wu Bing lawyer that: first, Yang mou crime after the initiative to confide in the facts of the crime, truthfully confessed to the judicial organs did not grasp the facts, belong to the surrender; second, Yang mou repentance, and actively return the stolen money, less harmful to society; third, Yang mou subjective malignant less, the implementation of the theft behavior is out of the payment of the school's re-training fees, and not a personal squandering.
Fourth, Yang consistently good performance. The role of the law, the most important is not in the punishment, but in the education and guidance. Yang Mou from the poor Xiangxi, can be admitted to the famous university in Shanghai is not easy. Now Yang Mou is about to leave school to embark on the workplace of the senior students, I hope the court can start from the perspective of guidance, rescue, to give Yang Mou a chance to reform, a new life.
Finally, the court made a judgment of exemption from criminal punishment.
Frequent college student crime, this phenomenon reflects what? College students would have been the pride of the sky, why there will be repeated violations of the criminal law phenomenon? The reasons are manifold, including the weak legal awareness of college students, the quality of the students themselves, psychological problems. But the most fundamental does not lie in this, but in the education and training of college students in colleges and universities. Universities are called ivory towers, should be the best place to teach and educate people, should be from the moral, intellectual and physical aspects of the training of students, education, but also should be more concerned about the student's life, psychological and other aspects of the problem, rather than just focus on the student's academic performance. We should know that a morally corrupt and highly intelligent college student committing a crime is far more harmful than ordinary crimes! Also, the school for students of some minor, less socially harmful offenses, should be dealt with leniently, in the spirit of thinking about the students, from the point of view of saving, guiding, to give the students a chance to be a new man.