One,
Petition detention report
X. public quality (2000) X
Basic information of detainees: Li XX, male, 28 years old,
Resume of the detainee; Late at night on June 365438+1October 3 1 2007, ...
This part clearly describes the situation related to the crime, so as to clarify the reasons for detention, which belongs to the situation of "finding criminal evidence around or in the residence"
To sum up, according to Article 6 1 of the Criminal Procedure Law, I hereby request the criminal suspect Li XX to be placed in criminal detention.
No, please indicate.
Organizer: Criminal Police Team of XX County Public Security Bureau
Organizer:
XX, 2007
Second,
Suggested prosecution opinion
Gongqizi (200 1)No. 104
The suspect Zhu XX, male,1born on February 5, 989, Han nationality, from XX village, XX county, and a senior three student in XX middle school. He is the nephew of the victim Xu XXX. 1997 years ago, when he was studying in XXX school, he was ignorant and often played hooligans. In the second half of 2003, I went to XXX middle school, but my bad habits remained unchanged. April, 2007 10 was criminally detained on suspicion of intentional homicide (attempted). Now detained in XX city public security bureau detention center.
Illegal and criminal experience: On the evening of April 10, Zhu wanted to go to the cinema with his sister, but her sister refused to take it, so he hid behind the Xu family and wanted to wait for her to leave before going to the cinema. While waiting at the back of the house, I heard Chen XX calling Xu XX for bath water. At this time, he had a brainwave, a cruel attack and his brain was broken. He slipped out of the back of the house, hid beside the pile of things at the front door of Xu XX's house, took advantage of Xu XX's going out to give Chen bath water, fled to his house and hid in the kitchen, trying to peek at Xu XX's bath, but Xu XX found out. At this time, Zhu was very disappointed to see that she didn't take a bath. At the same time, because of long-term lurking, stomachache, and rushing to defecate, I can't get out, so I have the evil thoughts of killing people. So she touched a kitchen knife covering Xu Jiasheng's chaff, crept up behind Xu, blew out the kerosene lamp and attacked him. The more the victim cries for help, the more fierce Zhu is. Until the neighbors heard the cry for help and rushed to the door, Zhu did not dare to open the back door.
A few drops of blood were found on the clothes and socks handed in by Zhu XX, which was consistent with the blood type of the victim, the kitchen knife at the scene and the blood on the ground after technical inspection. By comparison, Zhu's fingerprint is consistent with the scene.
To sum up, the criminal suspect Zhu XX's behavior violated the provisions of Article 97 of the Criminal Law of People's Republic of China (PRC), and according to the provisions of Article 97 of the Criminal Procedure Law of People's Republic of China (PRC), he was suspected of intentional homicide. It is now transferred for review and prosecution.
I am here to convey
welcome
Xx people's procuratorate
May 7(th), 2007
Note: 1. The suspect Zhu Xx is currently detained in XX County Detention Center.
2. Attach xx page of the case pre-trial file.
3. See the article list for criminal tools.
Homework 2 answers
One,
Xxxx Municipal People's Procuratorate
letter of complaint
Criminal Inspection [2007]No. ××
Defendant: Sun Xx, male, 28 years old, 1979 was born in a worker's family in XX city, XX province on February 25th. I am a factory worker in XX city, with primary school education, Han nationality. I live in Xx Road, XX City, and Sun XX played truant and was expelled from school. Then I wandered around the society all day. 1995 was sentenced to fixed-term imprisonment by XX people's court for theft in March 1 year. In August 2005, I was introduced by my relatives to work in XX factory, but I often didn't go to work. On September 3, 2007, 65438 was arrested by the Public Security Bureau of XX on September 3, 2007 for committing the crime of intentional homicide. 65438 was arrested by XX Public Security Bureau with the approval of our hospital on September 7th, 2007, and is now detained in the detention center of XX Public Security Bureau.
Victim: Zhang XX, female, living. XX Road, XX City, was born on September 13, 2000. Entrusted agent ××××××.
The case was terminated by the investigation of XX Public Security Bureau. On September 20, 2007, the defendant Sun Xx was suspected of intentional homicide, and was transferred to our hospital for examination and prosecution with the pre-trial file of Prosecution Opinion No.20, with a total of 3 volumes, 10. On September 20, 2007, our hospital informed the defendant that he had the right to entrust a defender. On September 2 1 20065438, the victim's agent ad litem XXX and his parents were notified, the defendant was interrogated according to law, the opinions of the victim's agent ad litem XXX and the defendant's dialectical guardian XXX were listened to, and all the case materials were reviewed.
After legal examination, the defendant Sun XX saw Zhang XX playing with other children downstairs in his residence at 6 pm on September 4, 2007 and had evil thoughts. When Zhang XX was playing with sand in the cinema, he lured Zhang XX to the right side of the cinema gate with sugar as bait, then picked him up and went to a vegetable market in the east of the vegetable market. He bought a baked wheat cake for Zhang XX to eat, and kept it until the evening, around 10, before Sun XX took Zhang XX to his residence. As soon as he came in, Sun XX put Zhang XX in his hand. Sun XX went to his mother's house to get a kitchen knife and found a brick to grind the knife. At two o'clock in the afternoon, when the mother, sister and others living upstairs went to work and school, Sun XX dragged the body out and put it on a long white porcelain basin to decompose the limbs. That night, Sun XX rode his bike twice and threw it into the river. On the morning of September 6th, Sun XX bought fine salt and pickled the muscles stripped from the corpse. At noon on the 6th, and on the mornings of the 7th, 8th and 9th, Sun Xx cooked the preserved human flesh several times, then wrapped it in an old white plastic raincoat and hung it on the wall. Before killing people and dismembering them, Sun XX once tempted his friend Li XX to say that "human flesh is tender and tastes fresh, and children aged five or six are better if they live for twenty years". "Children had better coax a few sweets" and "pinch to death" and so on. Sun pointed to pedestrians more than once and said, "This is delicious, that is not delicious" and so on. Driven by the above evil thoughts, Sun XX did this to the victim.
The arguments for the above facts are as follows: 1. The victim's body was salvaged from the river, and the blood type of hair and muscle was tested, which was AB type, O type of Sun XX and A type of Sun XX's sister. 2. After Sun Xx confessed, the investigators examined the enamel basin used to dismember the body and the black bag containing limbs and head, and the blood was AB. 3. Salvage rattan bags and belts with mouths containing corpses and trunks from the river. It is kept by Sun Xx's mother, sister and younger sister. It must belong to their family and is kept at Sun Xx's residence. 4. According to Sun Xx's confession, the knife extracted during the search of Sun Xx's residence was the murder weapon of the limb corpse, and it was taken out from his mother and the ground. Sun Xx's sister and brother proved it to be true. 5. Sun Xx confessed that he bought a catty of refined salt on September 6th and used some pickled human flesh. During the search, about three ounces of salt were seized, and the sediment in "formalin" water soaked in human flesh was extracted. Spectrometer identification results show that human flesh is indeed preserved with salt, and the dosage is at least four taels, which is consistent with Sun Xx's confession. 6. Sun Xx confessed that when he took the victim away, he found a pencil sharpener in Zhang Xx's pocket. After the memories of the families of the victims and the children who played with Zhang XX that afternoon. Zhang XX did bring a knife that day. 7. After forensic identification, Sun Xx has a normal mental state and no mental illness.
The above-mentioned criminal facts are clear and the evidence is conclusive enough to be determined.
In our court's opinion, the defendant Sun Xx intentionally killed others, dismembered and cooked corpses to meet his own abnormal needs, and his behavior has violated the provisions of Article 232 of the Criminal Law of People's Republic of China (PRC). The criminal means and circumstances are extremely cruel and bad, which is extremely harmful to society and must be severely punished. Defendant Sun Xx has clear criminal facts and conclusive evidence. Sun XX should be investigated for criminal responsibility for intentional homicide. According to the provisions of Article 141 of the Criminal Procedure Law of People's Republic of China (PRC), our court has initiated a public prosecution, so please make a judgment according to law.
I am here to convey
welcome
Xxxx Municipal People's Court
Inspector: ×××××
Clerk: ××××
(Seal of Institute)
Attachment: 1 Defendant Sun Xx is currently detained in the detention center of XX Public Security Bureau.
2. List of evidence
3. A copy of the main evidence.
Second,
Xxxx intentional homicide case
Xxxx people's court
criminal judgement
Xx Sino-French Criminal Zi [2008] No.37
Public Prosecution Organ ××× People's Procuratorate
The suspect Liu XX, male, from XX county, XX province, is 26 years old, born in XX year +09, and of Han nationality. After graduating from junior high school, Liu worked as a farmer for three years. Later, in April 2005, he was introduced to XX Company as a handyman and lived in Row 3 13, the dormitory bungalow of the company. During his work in Xx Company, Liu XX was a general person, with a weak sense of responsibility and a loose style. He often violated discipline and rules and regulations, and was repeatedly criticized and educated by the company manager Xu XX and other leaders. In August 2006, Liu XX was given an administrative warning for beating and scolding the handyman Mou XX who worked together. In September 2007, he was given a demerit for stealing eight packs of cigarettes, a shirt and 250 yuan money from employees of the company. /kloc-in may of 0/6, the public security bureau of XX city arrested Liu XX for intentional homicide and detained him in XX detention center.
Defender Wang XXX, lawyer of XXX Law Firm.
The People's Procuratorate of XX accused the defendant Liu XX of intentional homicide with the indictment No.42 of X-check Zi (2008), and filed a public prosecution with our court on June 13, 2008. Our college formed a collegiate bench according to law and held a public hearing on July 5, 2008. The people's procuratorate of XXX appointed procurator Zhang XX to appear in court to support the public prosecution, and the victim Xu XX and his legal representative XX, the litigation agent XX, the defendant Liu XX and his defender Wang XX, the witness XX and the expert XX attended the proceedings. The trial is now over.
The People's Procuratorate accused that in February, 2008, XX Company issued the bonus for 2007, but Liu XX didn't get the bonus because of his cheating, so he held a grudge against the company leaders, especially the company manager Xu XX, and planned revenge and murder. On May 10, 2008, Liu Xx went to work and looked around for tools to commit crimes. He first went to the company kitchen and stole a kitchen knife to commit a crime. Seeing that there were too many people in the kitchen to do it, he left. Later, he went to the company's carpenter's room, and when he saw that only carpenter Zhu XX lived, he went forward to chat with him, and lied that he wanted to repair tables and chairs, and wanted to borrow some tools from the carpenter's room, which must be returned in time after use. So with the consent of Liu XX, he took a claw hammer and a carpenter chisel from the carpenter's room and hid them under the dormitory bed. At noon 12, Liu XX sneaked into the duty room on the first floor of the company office building, waiting for an opportunity to retaliate against the leader. 1 XX enters the manager's office (room 333) on the third floor for lunch break. 1: 30, Liu Xx went to the third floor and gently pushed open the door of room 333. When he saw Manager Xu taking a nap in the office suite, Hou Xx, the secretary of the manager, was resting on the sofa in the outhouse of the office, so Liu Xx had a brainwave, gently woke Hou Xx, called him to the door, and lied that he had something important to report to Manager Xu alone and asked Hou Xx to leave. After Hou XXX left, Liu XXX entered the office in twos and threes, locked the door first, and then went back to the room. While Manager Xu was sleeping in bed, he took out the murder weapon claw hammer and carpenter's chisel hidden in his body, hit Manager Xu's head twenty or thirty times with the claw hammer, and then hit Manager Xu's face, neck and chest with the claw hammer and carpenter's chisel for more than ten times, resulting in a comminuted fracture of Manager Xu's skull. After committing the crime, Liu XX fled the scene and first went to the bus station in XX city in an attempt to escape back to his hometown by car. When he found that the police stopped him, he immediately transferred to XX Railway Station and tried to escape to Shanghai and Hangzhou by train. At 8 o'clock that night, Liu XX was arrested by the hunted public security personnel and immediately detained in criminal detention.
The People's Procuratorate accused the defendant Liu XX of committing intentional homicide. The facts are clear and the evidence is sufficient and true. The defendant's behavior violated the provisions of Article 232 of the Criminal Law of People's Republic of China (PRC) and constituted the crime of intentional homicide. Attach the testimony of witness ×××, the confession of witness and plaintiff Liu×××, the forensic expert certificate, the list of evidence, the list of witnesses and other copies of major evidence.
Defender Wang XX suggested that the defendant Liu XX had motive and reasons for killing, and hoped to be given a lighter punishment.
It was found through trial that in February 2008, the defendant Liu XX didn't get a bonus for cheating, so he held a grudge against the company leaders, especially the company manager Xu XX, and planned revenge and murder. On May 10, 2008, Liu Xx went to work and looked around for tools to commit crimes. He first went to the company kitchen and stole a kitchen knife to commit a crime. Seeing that there were too many people in the kitchen to do it, he left. Later, he went to the company's carpentry room. He saw that only carpenter Liu XX lived, so he went forward to chat with him and lied that he wanted to repair the tables and chairs. He wanted to borrow some tools from the carpenter's room and return them in time after use, so with the consent of Liu XX, he took a claw hammer and a carpenter's chisel from the carpenter's room and hid them under the dormitory bed. At noon 12, Liu XX sneaked into the duty room on the first floor of the company office building, waiting for an opportunity to retaliate against the leader. 1 XX enters the manager's office (room 333) on the third floor for lunch break. 1: 30, Liu XX went to the third floor and gently pushed open the door of room 333. He saw manager Xu taking a nap in the office suite, and manager secretary Hou XX resting on the sofa in the outhouse of the office. So Liu XX had a brainwave, gently woke Hou XX, called him to the door, and lied that he had something important to report to Manager Xu alone. Please avoid Hou XX and find another place to rest. After Hou XXX left, Liu XXX went into office 333, locked the door first, and then went back to the inner room. While Manager Xu was sleeping in bed, he took out a murder weapon, a claw hammer and a carpenter's chisel, slammed it at Manager Xu's head for twenty or thirty times with a claw hammer, and then struck Xu's face, neck and chest with a claw hammer and a carpenter's chisel, resulting in a comminuted fracture of Manager Xu's skull fracture and brain tissue.
The above facts were presided over by the collegiate bench, and both the prosecution and the defense gave evidence and cross-examined in court, including the confession of the defendant Liu XX, the results of forensic examination and doctor's examination, the identification of Liu XX's fingerprints and the clothes, socks and kitchen knives handed in by the defendant. Confirm the fact that the defendant Liu XX committed the crime of intentional homicide.
We believe that the fact that the defendant Liu XX committed the crime of intentional homicide is clear, the nature is accurate, and the evidence is true and sufficient. The defendant's behavior has violated China's criminal law and constituted the crime of intentional homicide. Defender Wang XX's opinion that he wants to be given a lighter punishment has no legal basis and will not be adopted. In order to protect citizens' personal rights from infringement and maintain normal social order, according to the provisions of Articles 232 and 57 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
Defendant Liu XX was convicted of intentional homicide, sentenced to death and deprived of political rights for life. If you refuse to accept this judgment, you can appeal to the People's Court of ××× through our hospital or directly within 10 days from the second day of the judgment. If you appeal in writing, you should submit an original and a copy.
Presiding judge: ×××××
Judge: ×××××
Judge: ×××××
July 2008 10
(College Seal) Legal Document Formative Assessment Assignment 3 Answer
One,
Qin X Hao robbed and raped, Lu X Cheng and Li X robbed.
Xx Intermediate People's Court
criminal judgement
[2007] ×× Final JudgmentNo. ××)
The People's Procuratorate of XX District, XX City, the original public prosecution organ.
Appellant (defendant in the original trial) Qin Xhao, male,1born on May 26th, 985, Han nationality, born in XX county, XX province, with junior high school education, is a factory worker in XX city and lives in XX. Building XX, XX Street, XX City, because the case is in 20065438+.
Defender Ye XX, lawyer of XX Law Firm.
Appellant (defendant in the original trial) Lu Xcheng, male, 1984, 12, born in July, Han nationality, from XX county, XX city, with junior high school education, was a factory worker in XX city and lived in. Building X, the dormitory building of XX factory in XX street, XX city.
Defender Wang XX, lawyer of XX Law Firm.
The People's Court of XX District of XX City tried the accusation of the People's Procuratorate of XX District of XX City. The defendant Qin X in the original trial committed robbery and rape, the defendant Lu X in the original trial committed robbery and the defendant Li X in the original trial committed robbery. On August 29th, 2007, the criminal judgment No.87 of (2007) X Law Punishment Chu Zi was made. The defendants in the original trial, Qin Xhao and Lu Xcheng, refused to accept the judgment and appealed. A collegial panel (presiding judge Wu×××××, judges Xu×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The People's Procuratorate of XX District of XX City sent inspector Liu XX to perform his duties in court. Appellant Qin XX and his defender Ye XX, Appellant Lu XX and his defender Wang XX attended the proceedings. The trial is now over.
The original judgment found that the defendant Lu XX learned that there was counterfeit money in Wang XX's home in May 2007, that is, he conspired with the defendant Qin XX and the defendant Li XX to rob many times, with the intention of robbing counterfeit money and then made illegal transactions. At 2 o'clock in the afternoon of June 10, 2007, the defendants Qin Xhao and Li X took advantage of Wang X's absence, broke into Wang X's house with a spatula and a screwdriver, threatened Wang X's wife with a murder weapon, and rummaged around. Instead of counterfeit money, they found RMB 1000 yuan in cash, and the defendant Qin Xhao put the money in. Subsequently, Qin tied up Wang's wife, gagged her and covered her head, instructing the defendant Li Xhao to take a camera made in Japan, and the defendant Qin Xhao forcibly raped Wang's wife. After committing the crime, the defendants Qin Xhao and Li X reported to the defendant Lu Xcheng as agreed, and gave the camera to the defendant Lu Xcheng. After the incident, the defendant Lu X fled the city for fear of sin. As of July 22, 2007, the defendants Qin Xhao, Lu Xcheng and Li X have all been arrested and brought to justice. The evidences identified are: tools (scraper and screwdriver) held by defendant Qin Xhao and defendant Li X, and stolen goods obtained from robbery (cash RMB 65,438+0,000, a camera made in Japan). ), the rope used to bind Wang's wife, the inspection and identification results of the tiny spots on the underwear of the victim Wang's wife, the statement of the victim Wang's wife, and the confession of the defendant Lu Xcheng colluding with the defendant Qin Xhao and the defendant Li X. The original judgment held that the People's Procuratorate of XX District of XX City accused the defendant Qin Xhao of robbery, the defendant Lu Xcheng of robbery, and the defendant Li X of robbery. According to the provisions of Articles 236, 263 and 264 of the Criminal Law of People's Republic of China (PRC), the defendant Qin Xhao was sentenced to life imprisonment and deprived of political rights for life. Defendant Lu Xcheng was convicted of robbery and sentenced to fixed-term imprisonment of 13 years; Defendant Li X was convicted of robbery and sentenced to six years in prison.
The appellants Qin Xhao, Lu Xcheng and their defenders put forward the following appeals and defense opinions: the sentence in the first instance was too heavy.
The People's Procuratorate of XX District of XX City insisted that the appellant Qin X Hao committed robbery and rape, the appellant Lu X Cheng committed robbery and the defendant Li X committed robbery.
The facts and evidence ascertained in the second trial are the same as those in the first trial.
To sum up, the procuratorate accused the appellant Qin Xhao of robbery and rape, the appellant Lu Xcheng of robbery and the defendant Li X of robbery. According to the provisions of Articles 236, 263 and 264 of the Criminal Law of People's Republic of China (PRC), the appellant Lu Xcheng, the appellant Qin Xhao and their defenders claimed that the sentence was too heavy and the defense reason was untenable, which was rejected by our court.
The court believes that the facts ascertained in the original judgment are clear, the evidence is conclusive, the sentencing is appropriate and the trial procedure is legal. In accordance with the provisions of the first paragraph of Article 189th of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:
Reject the appeal and uphold the original judgment.
This is the final verdict.
Presiding Judge Wu XX
Judge Xu XX
Judge Zhang XXX
September 2007 12
(Seal of Institute)
This document is the same as the original check.
Bookkeeper ×××××
Second,
Xxxx Municipal People's Court
paper of civil judgment
[2007]× Minchuzi No.25
Plaintiff Sun Xjie, male, born on August 2, 65438, is a retired cadre of XX Company in XX County, XX Province, and lives in the dormitory of XX Company.
Defendant Sun Xlin, male,1born on May 3, 985, is a worker of a pharmaceutical factory in XX county, XX province, and lives at XX. XX Building, XX Street, XX City.
The case of Sun Xjie, the plaintiff, and Sun Xlin, the defendant, divorced from the adoptive father-son relationship was accepted by our hospital on June 5438+065438+ 10 × day, 2007. The collegial panel composed of the presiding judge Zhang X and the people's jurors Zhu X and Wang X held a public hearing. Sun Xjie, the plaintiff, and Sun Xlin, the defendant, attended the proceedings in court, and the case has now been concluded.
Sun Xjie, the plaintiff, claimed that the original defendant was from uncle and nephew. In May 2005, at the request of Sun Xlin's parents, Sun Xjie took Sun Xlin as his adopted son after going through relevant formalities. After the father-son relationship was confirmed, on September 1 day of the same year, the plaintiff Sun Xjie changed Sun Xlin's household registration from the original place of origin to XX province. In daily life, defendant Sun Xlin paid all his salary to plaintiff Sun Xjie, and plaintiff Sun Xjie gave defendant Sun Xlin 200 yuan pocket money and bought clothes every month. The relationship has always been good. In August 2005, the defendant Sun Xlin moved out after obtaining the house in his pharmaceutical factory, and did not pay the plaintiff Sun Xjie any more. In March 2007, the plaintiff Sun Xjie and the defendant Sun Xlin had a quarrel over the marriage of the defendant Sun Xlin. On the evening of June 38+10/October 23, 2007, the defendant Sun Xlin took the opportunity of walking with the plaintiff Sun Xjie and his biological mother. The plaintiff Sun Xjie bought a Panasonic color TV set worth 4,000 yuan, and moved away in just two months. Sun Xjie, the plaintiff, was greatly dissatisfied when he found out. In the case that Sun Xlin failed to return the TV set, he filed a lawsuit with the XX Municipal People's Court on June 2, 2007. Request to order the defendant Sun Xlin to leave the adoptive father-son relationship and let the defendant Sun Xlin return the TV set.
Defendant Sun Xlin argued that after he confirmed the adoptive father-son relationship with the plaintiff, he paid the plaintiff Sun Xjie all wages 1000 yuan every month, and the defendant Sun Xlin paid the plaintiff Sun Xjie nearly 30,000 yuan after working. The defendant Sun Xlin moved out of the plaintiff Sun Xjie's house after he got a house in the plaintiff Sun Xjie's pharmaceutical factory, but he went to see Sun Xjie on holidays and bought some food at ordinary times. The plaintiff Sun Xjie also stopped giving pocket money to the defendant Sun Xlin. Plaintiff Sun Xjie was hospitalized due to illness, and defendant Sun Xlin took special leave to take care of Plaintiff Sun Xjie and bought food and daily necessities. After the defendant Sun Xlin worked, * * * paid the plaintiff nearly 30,000 yuan, but only got pocket money and insufficient articles 1 10,000 yuan from the plaintiff Sun Xjie, and requested the court to order the plaintiff Sun Xjie to return the remaining 20,000 yuan of the salary paid by the defendant Sun Xlin and subsidize the expenses needed for the defendant Sun Xlin's marriage.
It was found through trial that Sun Xjie, the plaintiff, and Sun Xlin, the defendant, had lived in harmony for three years after they formed the adoptive father-son relationship. During this period, the defendant Sun Xlin gave his salary to the plaintiff Sun Xjie, who was responsible for the family's living expenses, returned his pocket money to Sun Xlin, bought clothes for Sun Xlin, and fulfilled his father's responsibility. There is no reason to return the salary to the defendant Sun Xlin. Later, due to disagreement between the two sides on the defendant's marriage, defendant Sun Xlin took advantage of Sun Xjie's unsuccessful walk with his biological mother on the evening of October 23, 2007, and moved a color TV set worth 4,000 yuan in just two months, which triggered a lawsuit. Obviously, it was the fault of defendant Sun Xlin. During the hospitalization of plaintiff Sun Xjie, defendant Sun Xlin also asked for leave to take care of him and did his duty.
Our court believes that during the adoption of the father-son relationship, the plaintiff Sun Xjie and the defendant Sun Xlin had conflicts due to differences over the defendant's marriage, and the defendant's move of the plaintiff's TV set aggravated the contradictions, which was obviously the fault of the defendant Sun Xlin. However, during the hospitalization of plaintiff Sun Xjie, defendant Sun Xlin took time off to take care of him and did his duty. It is also reasonable for the plaintiff Sun Xjie to give some help when Sun Xlin got married. Accordingly, in accordance with the provisions of Article 117 of the General Principles of the Civil Law of People's Republic of China (PRC), Articles 23 and 27 of the Adoption Law of People's Republic of China (PRC) are judged as follows:
1. Plaintiff Sun Xjie and defendant Sun Xlin dissolved the adoptive father-son relationship;
2. Defendant Sun Xlin returned the TV set to plaintiff Sun Xjie;
3. The plaintiff Sun Xjie paid the defendant Sun Xlin 3000 yuan as a subsidy for the defendant Sun Xlin to get married and start a family.
600 yuan, the litigation costs of this case, shall be borne by Sun Xjie, the plaintiff, and Sun Xlin, the defendant.
If you refuse to accept this judgment, you can bring a lawsuit to our court within 15 days from the date of service of this judgment, and submit copies according to the number of the other parties, and appeal to XXX Higher People's Court.
Presiding judge Zhang XX
People's Juror Zhu XX
People's juror Wang XX
65438+February 3, 2007
(Seal of Institute)
This document is the same as the original check.
Staff ××××××
"Legal Documents" Formative Assessment Book Exercise 4 Reference Answer
One,
Notarization application
Applicant: Guo XX, female, born on August 2nd, 1962, ID number: XX Building,No. XX Street, XX District, XX City.
I was admitted to the Chinese Department of ×× University in September of 1980, and obtained my bachelor of arts degree in 1984. 1July, 984, taught in the Chinese Department of XX University; 1989 was rated as a lecturer; 1993 was awarded associate professor and senior title certificate for outstanding achievements in teaching and scientific research. Please notarize it
Applicant: Guo XX
65438+February 20, 2077
Attachment: my university diploma and bachelor's degree certificate; Copy of the senior title certificate of associate professor I obtained.
Second,
Criminal private prosecution
Private prosecutor: Zhang Hong, female, 54 years old, graduated from university, Han nationality, works in XX office, XX city, as the deputy manager of the service company of this office, and lives in the dormitory building of XX unit.
Defendant Zhao, male, 57 years old, graduated from university, Han nationality, once worked in XX Institute of XX City, and served as the deputy director of the instrument research office of the Institute. Unit XX, building XX, dormitory building. In 2002, he resigned and went to sea, and was hired as NO. Xx City, Guangdong Province. Since the second half of 2003, I have been working in XX mold factory in XX city.
Cause of action and claim: Defendant Zhao committed bigamy. Request the people's court to investigate Zhao Zhiping's criminal responsibility in accordance with the provisions of Article 258 of the Criminal Law of People's Republic of China (PRC). Request the people's court to dissolve my marriage relationship with Zhao in accordance with Article 32 of the Marriage Law of the People's Republic of China.
Facts and reasons: I am married to Zhao Yu 1977, have a daughter, have been married and live and work abroad. In 2002, Zhao resigned and went to work for XX Air Purifier Company in XX City, Guangdong Province. At first, Zhao went home every two months and tried to take care of his family's life. However, since Zhao came to XX city in the second half of 2003, Zhao has gradually changed: in the past year, Zhao has been busy with work, but only sent a sum of money every month. It turned out that after working in XX mold factory in XX city, Zhao met Yu Mou (female, 32 years old, from XX town, XX county, XX province) who was engaged in service work in a nightclub. Zhao lusted after the beauty of this 24-year-old beauty and was seduced by all kinds of small favors. Born in a poor family and greedy for Zhao's money, he naturally formed an indissoluble bond with Zhao. Soon, the two lived together in the name of "husband and wife". At the beginning of 2005, Zhao went to work in another company in Guangdong, and Yu also went with Zhao and still lived together in the name of "husband and wife". At this time, Zhao lived a "husband and wife" life between me and Yu, and stayed with his legal wife for life. In September 2005, I wanted to visit my daughter abroad, but Chair Zhao refused because she was busy with work. At my repeated requests, Zhao refused to go to Beijing to go through the formalities of going abroad, but secretly took Yu. After I went abroad, Zhao Heyu returned to XX by plane after playing in Beijing for half a month, and lived together in the name of "husband and wife" in XX holiday villa. As the locals all know, Zhao filed for divorce in March 2006, and said that he would formally marry Yu, and asked me to accept the reality. For example, I would tolerate him to form a monogamous family of three, or I would not go home and give me living expenses. I refused on the spot. Since then, Zhao hasn't been home for a year and hasn't sent a penny home. The above facts are proved by various documentary evidence and witness testimony. To sum up, Zhao kept mistress behind his wife's back for five years and lived together in the name of "husband and wife", failing to fulfill his obligations to his legal wife. Zhao's behavior has violated the provisions of Article 258 of the Criminal Law, which constitutes bigamy. He should be investigated for criminal responsibility according to law. My relationship with Zhao has broken down, and I request the people's court to dissolve the marriage relationship with Zhao in accordance with Article 32 of the Marriage Law of the People's Republic of China. Therefore, according to the provisions of Article 170 of the Criminal Procedure Law of People's Republic of China (PRC), a lawsuit is brought to your hospital, so please make a judgment according to law.
The name and domicile of the witness, and other evidence and certificates.
1.4. X copies of the testimony of Zhao who lived with Yu's landlord and neighbors in the name of "husband and wife" while working in XX Mold Factory and another company in Guangdong Province.
2. A copy of Zhao Yu's accommodation registration form during his stay in Beijing and XX Resort.
Three copies of Zhao and Yu passenger registration forms.
I am here to convey
welcome
People's Court of XX Province
Attachment: X copies of this complaint;
X copies of evidence materials.
Private prosecutor: Zhang Hong.
April 2007 16