Three legal cases and solutions from CCTV (Legal Lecture Hall)

Bleeding Season

On the afternoon of March 30, 2007, Li Gang and Zhang Mei gave up all social activities and hurriedly left the unit as soon as they got off work. At the vegetable market, one of them went to the best cake shop in the local area, because this day was their precious daughter’s quiet 16th birthday, and it happened to be a Friday, thinking that in a while, the daughter who had lived in school for a week would have to get out of school. After coming back from school, the couple couldn't be more happy. When they got home, they didn't even bother to take a sip of water, so they happily went into the kitchen and got busy. In less than half an hour, the two of them had prepared a table full of dishes. Every dish they cooked was as usual as Jing Jing's. Their favorite food was placed in the center of the table. The couple also specially placed a big heart-shaped cake. Everything was ready. The couple was waiting for their daughter to come back, but they waited and waited. It was her birthday. The heroine just doesn't come back. "This child must have gone crazy playing with his classmates, and he doesn't know when he will come back." Zhang Mei muttered unhappily. Seeing that his wife was a little angry, Li Gang said cheerfully: "When the child grows up, he must have a few of his own. "Friends, let's eat if she doesn't come back." With Jingjing not around, the couple lost their appetite for dinner. They ate a few bites to fill their stomachs. The two sat bored in the living room and watched TV, but at ten o'clock After several minutes, Jingjing still didn't come back. This time, Li Gang couldn't sit still. He had to take out his mobile phone and call his daughter's good friend Bingbing's house. As a result, this call really made Li Gang furious. It turned out that his daughter followed her classmates after school at noon. The county was having fun, and my daughter was afraid that the two of them would disagree, so she decided to cut it off first and run to the county first. She asked Bingbing to call home to ask for leave, and she wouldn't come back until Sunday. "This kid is really tough." He spent the night out without telling us in advance. The older he gets, the less sensible he becomes." Without being able to see their daughter, neither of them could do anything.

Finally, until Sunday afternoon, the couple didn’t go anywhere. They just sat at home and waited for Jingjing to come back. However, they waited until it was time for evening self-study at school, but Jingjing still didn’t come back.” "Jingjing must be afraid of coming back to be punished, so she went directly to school." Li Gang and his wife Zhang Mei planned to go to school to find their daughter, but just when their legs had just stepped out of the house, the phone at home suddenly rang, and Li Gang left In the past, he picked up the phone. Within ten seconds, Li Gang suddenly fell down on the sofa as if he was electrocuted. The receiver also fell heavily to the ground. Seeing his husband suddenly become like this, his wife Zhang Mei He quickly ran over, took Li Gang's arm and asked nervously: "What's wrong? What happened?" But Li Gang didn't say a word, and the muscles on his face seemed to be frozen, and he stared straight at him. She looked at her wife's face without any expression. She had never seen her husband like this since they got married. This frightened Zhang Mei. She held her husband's arm tightly with both hands and said with a cry: "After all, What happened, please tell me quickly, don’t scare me." No matter how his wife asked, Li Gang was as dumb as a stone statue without any reaction. Seeing her husband like this, Zhang Mei had an ominous premonition. She She said softly: "Should you be quiet? Just be quiet..." Zhang Mei's voice was so small that it was like she was talking to herself, and only she could hear it. But as soon as he heard the word "quietly", Li Gang suddenly felt as if he had been stung by something. His eyes widened until the veins on his forehead were exposed. He hugged Zhang Mei and said incoherently: "What should I do? What should I do? Jingjing has been kidnapped. What should I do?" After hearing this, Zhang Mei seemed to not understand and asked in a low voice: "What did you say? Say it again." Before Li Gang could After finishing her words for the second time, Zhang Mei shook her head like crazy, "This is impossible. Jingjing cannot be kidnapped. You must have heard wrong. Yes, you must have heard wrong." Li Gang's eyes turned red. Jingjing said: "Jingjing has been kidnapped. The kidnappers asked us to collect a ransom of 100,000 yuan in three days, otherwise Jingjing will die, and they won't let us call the police." After hearing this, Zhang Mei had to believe Jingjing. Regarding the fact that she was kidnapped, she said word for word: "In just three days, where can we get 100,000?" That night, the two began to call every relative and friend to borrow money, including colleagues at work. They borrowed everything they could. However, by the afternoon of the next day, the two of them had borrowed less than 50,000 yuan. The kidnappers didn't even get half of the ransom they demanded. Thinking that if they couldn't raise the ransom, they might never see their daughter again, the couple cried. During the first few years of their marriage, they had no children. They spent a lot of money and endured many hardships. It was not until the eighth year of marriage that the couple looked forward to having such a daughter. She was truly pampered like a baby. But now their daughter has been kidnapped and her life or death is uncertain. From the moment they received the call from the kidnapper, Li Gang and Zhang Mei couldn't stop crying. They really cried their eyes out. Suddenly Li Gang jumped up from the sofa, "We definitely can't save Jingjing now, we must find a way." Li Gang frowned and walked around the room, thinking about how to save Jingjing safely. After being rescued, he suddenly stopped and said, "Now we can only call the police." When she heard Li Gang said that she was going to call the police, Zhang Mei shuddered: "You are crazy. If you call the police, our family will not survive." ", and at this time, Li Gang said firmly: "We must call the police. Now only the police can save our family Jingjing, no one else can." As he said this, Li Gang picked up the phone with trembling hands and dialed 110.

After receiving the report, the Municipal Public Security Bureau quickly mobilized police officers to set up a task force. The troops were divided into two groups. One group used professional equipment to monitor the mobile phones and home phones of Li Gang and Zhang Mei. The other group of police officers A peripheral investigation was launched, and the social relations of Li Gang's family of three were interviewed, as well as the phone number used by the kidnapper at the time. However, until the afternoon of the third day, there was no progress in the investigation of the case. Although the mobile phones of Li Gang and Zhang Mei rang several times, they were all greeting calls from colleagues. As for their home phone numbers, in the past two days, There was not a single call at all; and the police in charge of the peripheral investigation found nothing. The kidnappers asked for a ransom, but why didn't they explain the place and time to pay the ransom? This unconventional approach aroused the suspicion of the police on the task force. Could it be that the cunning kidnappers had noticed that Li Gang had reported the crime? If this is the case, then Jingjing is likely to encounter something unexpected. She must find the kidnapper's hiding place immediately. One minute late will be more dangerous for Jingjing. However, the kidnapper never called, so she cannot locate the kidnapper. The specific location of the case has caused many difficulties in the detection of the case.

At this moment, another shocking thing happened in a residential area of ????the train station. At around 5:00 in the morning on April 4, people doing morning exercises discovered that Inside, at a window on the 7th floor of Building 3, a girl carefully climbed over the window. Before anyone could figure out what was going on, the girl jumped off the building and fell onto the green ground below. Such a thing happened in the community early in the morning. People were shocked by this sudden incident and gathered around one after another. When they found that the girl was not dead, everyone hurriedly dialed 110 for the police and 120 for emergency services. After the medical staff responded, After all efforts were made to rescue her, the little girl survived the critical period, but she was still in a coma. On the other hand, the police also launched an investigation into the incident of the little girl jumping off the building. According to the residents of the community, they had never seen the little girl in the community, but they often saw strangers entering the rental house on the 7th floor. Coming in and out, no one can tell what exactly these people do. At this time, a resident recalled that when the accident happened, there seemed to be four young people, three men and one woman, who ran downstairs in a panic, took a look, and left quickly. This situation aroused the suspicion of the police. Based on the descriptions of the people, they immediately posted wanted notices across the city for the three men and one woman. At the same time, the police also called the parents of the girls who had disappeared in the recent period and went to the hospital to identify the girls as soon as possible. Li Gang and Zhang Mei also came to the hospital with uneasy feelings. As soon as they entered the ward, they immediately recognized the girl lying on the hospital bed as their daughter Jingjing who had been missing for many days. At that moment, the couple really They were both sad and happy. They were happy that their daughter was finally found, but sad that their healthy daughter was now like this. Looking at their unconscious daughter, the two of them burst into tears. They didn’t dare to think about these days. What kind of inhuman abuse has my daughter suffered? But why did Jingjing jump off a building nearly 20 meters high? Police analysis: Maybe Jingjing had no other way to escape and had to jump down from the building while the kidnappers were not paying attention. In other words, the three men and one woman who escaped must be the kidnappers.

While the police were trying their best to find the whereabouts of the three men and one woman, something unexpected happened again. Bingbing's head teacher reported that Bingbing was also missing. At this time, some viewers may ask, Bingbing is missing, why didn't her parents report the incident? Let’s not talk about this for now. Let’s talk about the police’s suspicion after receiving the report from Bingbing’s head teacher. Why did Bingbing disappear after finding Jingjing? Could it be that Bingbing also suffered the same thing as Jingjing? Destiny, was also kidnapped? However, the police quickly rejected this speculation. Now the whole city is looking for the kidnapper who kidnapped Jingjing. At this time, the kidnapper would not dare to commit crimes again no matter how brave he was. Moreover, Jingjing and Bingbing were classmates, even if It is said that at this time, the kidnapper really has the courage to come out to commit crimes again, and it is impossible to choose someone close to Jingjing. Doesn't this mean that he has slipped through the trap? A series of questions led the police to make a bold speculation. Perhaps Bingbing was the person related to the case of Jingjing jumping off a building. As long as Bingbing is found, all these mysteries will be solved. So the police sent additional manpower to search for Bingbing's whereabouts. Soon, the police found Bingbing in a rental house in the urban-rural fringe area. There was a boy named Xiaojun with Bingbing. The police immediately took these two people into custody. Bingbing was taken back for questioning. Faced with the questioning, Bingbing looked innocent. What was even more surprising was that Bingbing calmly admitted that the series of things that happened were actually caused by her in order to please her "boyfriend" Xiaojun. Xiaojun planned it. Bingbing said disdainfully: "At that time, we just wanted to get some money from Jingjing, so we tricked her into going to the county to play. Then we pretended that Jingjing had been kidnapped and called their home, but I We didn't expect that Jingjing's parents would dare not listen to us and call the police. When we got angry, we sold her to the escort for 200 yuan, just as a escort, until she made enough money. Of course, they would let her come back. I didn't expect that she would be so stupid as to jump off the building, and now she has fallen like this.

"These words actually came from the mouth of a 15-year-old girl. The police officers present felt very heartbroken after hearing this. They couldn't figure out how a little girl could go to the police just to please her boyfriend. What about her classmate and friend? Being forced into prostitution, for a little girl in the growth and development period, what kind of trauma will she suffer, both psychologically and physically, but Bingbing seems to be indifferent to such a thing! So why does Bingbing react like this? This has a lot to do with Bingbing’s family.

In fact, before Bingbing was born, Bingbing’s parents were a very loving couple. But since Bingbing was born, the family has been at war. Bingbing's father has a very serious patriarchal mentality. When he saw that his wife had given him a daughter, he became unhappy in every way and often looked for trouble with Bingbing. Her mother quarreled, and as time went by, the quarrel between the two escalated into fighting every day. Bingbing grew up in this noisy environment, and her parents never cared about Bingbing's life. He became indifferent to everything. When his father hit his mother at first, the young Bingbing would always go up and hug his father's thigh and bite her hard to avenge her mother. But as time went by, Bingbing often sees her mother being pushed to the ground and beaten by her father, and Bingbing becomes accustomed to it. When this happens, Bingbing will hide in the room alone and watch TV. After her parents finish fighting, she will come out to clean up the broken bowls. Chopsticks. When Bingbing was 12 years old, Bingbing's mother couldn't stand the beatings and scoldings of her husband. One night, she took the family's only savings and quietly ran away with others. This angered Bingbing's father even more. What is happening now is all caused by Bingbing. If Bingbing was a boy at that time, then their family of three must be living together happily now, so Bingbing's father spread all his grievances on Bingbing. , they would often pull Bingbing and beat her up for no reason. At this time, Bingbing would always grit her teeth and not cry no matter how hard she was beaten. Growing up in this environment, Bingbing's young mind was severely distorted. She began to hate everyone and everything around her, and became indifferent to everything. Later, when Bingbing was 13 years old, her father brought back a woman. Another year later, this woman gave Bingbing a younger brother. , now Bingbing's life is even worse than before. In the past, although she was beaten every day, she could at least go home after school every day. But since she had a younger brother, Bingbing's father sent Bingbing far away from home. In a junior high school, Bingbing was given living expenses every week and ignored all other matters. Sometimes he was not even willing to pay living expenses. In this way, Bingbing was starved for life in school. Because of her withdrawn personality at school, her classmates were unwilling to play with her. Her deskmate Jingjing was her only friend. Sometimes when she saw that Bingbing had no money to eat, Jingjing would generously spend her living expenses. Please Bingbing went to eat.

But when Bingbing was in the second semester of junior high school, a person appeared and changed her future destiny. On a Friday afternoon, all the classmates who lived together on campus had gone home from school. Only Bingbing was walking on the street with her schoolbag on her back, because she really didn't want to go back to her home without any warmth, so she just walked around on the street. It was getting dark, and Bingbing, who had nowhere to go, planned to sneak into a video parlor to watch videos. But as soon as she reached the corner of the street, two boys who were not much older than herself suddenly jumped out in front of her. They were smiling but not smiling. Bingbing was threatened to take out all the money she had, otherwise she would not be able to go home today. This was the first time she encountered such a thing. Bingbing stood there motionless in a daze. To be precise, she was frightened and wanted to run away. But I just couldn't move my legs. At this moment, Bingbing suddenly heard someone yelling from behind, and the two boys in front of her ran away. Only then did Bingbing come back to her senses. She turned around and saw a very thin boy standing behind her. Such a thin boy could scare the shit out of those two people. Bingbing felt that she suddenly admired the boy in front of her. And that boy came over and picked up Bingbing's schoolbag, dusted off the dust and handed it to Bingbing, saying softly: "Didn't I scare you?" This question really made Bingbing feel warm in her heart. She looked at the boy in front of her with admiration and said, "I'm fine." This question and answer made the two young people's hearts warm. Their hearts slowly came together, and the boy introduced himself: "My name is Xiaojun. If someone bullies you in this area from now on, you just need to say you are my friend and it will be fine." At this time, Bingbing was completely conquered. That night, Xiaojun and I watched the video in the video room all night, and we didn't go home on Saturday and Sunday. Bingbing's father felt that the family would be better off without Bingbing, so Bingbing didn't come back, and Bingbing's father didn't feel indifferent either. This leads to what we just mentioned, why Bingbing's disappearance was reported to her class teacher. Ever since she met Xiaojun, Bingbing often hangs out with Xiaojun after school. And who is this Xiaojun? He is also a person who dropped out of school early and lived in the society because of his parents' divorce. The same experience gave the two people a feeling of sympathy for each other. Xiaojun often takes the money given by his family. Inviting Bingbing to dinner and surfing the Internet gave Bingbing a lot of psychological satisfaction. She felt that no one had ever been so kind to her. In this world, only Xiaojun was truly kind to her, so Bingbing treated Xiaojun It's about following your advice.

It was not until later that Bingbing accidentally discovered that Xiaojun turned out to be a drug addict. At that moment, Bingbing was very sad because she also knew that drug abuse is tantamount to self-destruction for a person. She also sincerely advised Xiaojun not to smoke anymore. But every time she sees Xiaojun's painful expression when drug addiction attacks, Bingbing softens her heart.

On March 29, 2007, Xiaojun had a big quarrel with his father. His father stopped giving him pocket money. He couldn't get enough money to sell drugs. Xiaojun seemed very painful. At this time, , Bingbing felt pain in her eyes and felt in her heart. How could she help Xiaojun find money? It was definitely impossible to go back to her father to ask for it. At this time, Bingbing suddenly thought of her good friend Jingjing, who usually had no money to eat. At that time, Jingjing always paid to treat her to dinner. This Jingjing's family must be very rich, why not borrow some from her? Bingbing told Xiaojun her idea, and Xiaojun agreed very much, but Xiaojun said: "Let's borrow money from Jingjing. We can only borrow as much as we want at one time. Why don't you trick Jingjing into going to a friend of mine in the county?" , I called their home, pretending that Jingjing was kidnapped, and asked him for a hundred and eighty thousand yuan, so that we don’t have to worry about it in the future.” After hearing Xiaojun’s idea, Bingbing not only did not stop it, but actually agreed. , so after the two people conspired, as soon as school was over at noon the next day, Bingbing forced Jingjing onto a bus bound for the county on the pretext of asking Jingjing to go out to play, and Xiaojun called After calling Jingjing's house, the first scene appeared. But what the two of them didn't expect was that Jingjing's parents called the police instead. Xiaojun, who was extremely angry, and Bingbing discussed it and sold Jingjing to a person who was looking for girls for prostitution. When Jingjing was violently controlled by others and forced into prostitution, she never imagined that her best friend in the past would actually push her into the fire pit for money. The tortured Jingjing took advantage of the guards not paying attention. At that time, he jumped from a building nearly 20 meters high.

This kidnapping case planned by Bingbing and Xiaojun shocked the small town where they were located. On the day of the court session, many citizens came to listen to the hearing of the case. In the court, Bingbing expressed her feelings towards her. She still acted indifferently. She didn't understand why what she did for her boyfriend attracted so many people's attention, but she didn't know that her behavior had violated the law. Bingbing and her boyfriend Xiaojun would quietly The act of abducting women and children has constituted the crime of abducting women and children. So what is the crime of abducting women and children? The crime of trafficking in women and children refers to the act of abducting, kidnapping, buying, selling, transporting, and transferring women and children for the purpose of selling. Article 240 of my country's Criminal Law stipulates: "Whoever abducts or traffics women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined fine or confiscation of property; if the circumstances are particularly serious, he shall be sentenced to death and his property shall be confiscated:

(1) The ringleader of a group that abducts and traffics women and children;

(2) Abducts and traffics women, children Three or more children;

(3) Rape a trafficked woman;

(4) Lure or force a trafficked woman into prostitution or sell the trafficked woman to others Forcing them into prostitution;

(5) Using violence, coercion or anesthesia to kidnap women or children for the purpose of selling;

(6) Stealing infants for the purpose of selling Infants;

(7) Causing serious injury, death or other serious consequences to trafficked women, children or their relatives;

(8) Selling women or children overseas .

The dust of this case has been settled. Bingbing and Xiaojun also paid a heavy price because of their ignorance of the law. Some viewers may want to ask why a 15-year-old girl did this. Why would you kidnap your best friend to others for a few hundred dollars and your so-called boyfriend? This is indeed a very heavy and thought-provoking topic. In fact, if we carefully analyze Bingbing’s growth experience? , it is not difficult to see that the reason why Bingbing is able to do this is completely inseparable from her family education. As we mentioned earlier, Bingbing has not felt the warmth of her family since she was born, so when he met a child When she was in the army, it was the first time she felt what it was like to be cared about. This made Bingbing develop a strong dependence on Xiaojun. Bingbing’s previous life was one where no one cared about her, and she was 15 years old. It’s the age when a little girl’s love begins, so Bingbing regards this concern as a kind of love. Therefore, even if Xiaojun’s behavior violates the law, Bingbing will still leave because of her so-called love for Xiaojun. On the road to crime.

At the same time, because the level of awareness in teenagers is relatively low, they do not have a good cognitive ability for their own actions and consequences. Unlike adults who commit crimes, they have a longer premeditation period, and children of Bingbing's age have a very difficult psychological state. It is extremely unstable. When she sees her good friend quietly being loved by her parents, she will have a strong psychological imbalance. Moreover, we say that minors' self-control ability is also very weak, and they have revengeful emotions. It's very heavy, so when Bingbing is wronged and her desires are not satisfied, she will easily feel jealous and rebellious, and retaliate against her. So when Xiaojun proposed to get two money to spend, Bingbing Unnaturally, I thought of my good friend Jingjing, because in Bingbing’s view, firstly, Jingjing is rich, and secondly, Bingbing thinks that after selling Jingjing to others, Jingjing will definitely not be the same as before. With the love of her parents, Bingbing's psychology would be more or less balanced. Therefore, this case would inevitably happen.

Transformed family:

The client, Ms. Wang, is a simple rural girl. She only wants to marry a good man in her life and has no other aspirations. When she became an adult, she really met a good man. After the two were talking about getting married, the man died unexpectedly, leaving her with a 6-year-old daughter, Wang Ying (pseudonym). A few years later, she got married to a man again, and she was very happy to have another husband. He personally accompanies her to shoulder the burden of life. She feels that as long as she is wholeheartedly and treats him well, there will be no problem.

Here Wang Ying tells her own voice. What she faces at home is Her stepfather and stepmother lived a relatively happy life in their family of three. As Wang Ying gradually grew up and became sensible, she had an idea that she couldn't understand. She fell in love with her stepfather.

Today is the 29th day of the Lunar New Year. Wang Ying is already 22 years old. Ms. Wang has prepared several baskets of vegetables to go to the city to buy so that she can go home and have a good New Year. She did not expect these baskets The dish was very popular in the city and was sold out soon. Ms. Wang was so happy that she went home humming a little tune. Not far from the door of her house, she heard the laughter of a man and a woman. She thought There might be such a sound. I thought I heard it wrong. I walked to the door and opened it a small crack. The laughter became clearer. She immediately pushed the door fiercely and saw an unsightly scene>>>> She raised 15 The 20-year-old daughter and her husband of 10 years were hugging each other naked. Seeing this scene, the key in her hand fell to the ground. What happened next was different from ordinary rape cases. It was not that Ms. Wang hid her face and ran away, but She didn't step forward and give him a few slaps. What was unexpected was that Ms. Wang's husband quickly put on his clothes and pants and ran out. He chose to escape, lowering his head and had no face to face his wife. Wang The lady walked to the window and pulled her daughter, and said: "Do you know what you are doing? How could you do this? He is your father-------you are here." I heard Wang Ying immediately sat up from the bed and looked at his stepmother who was shaking with anger. She said calmly: "I know what you are going to say. Don't you want to accuse me of incest? This is not incest." You are not my biological mother, and he is not my biological father. I just love him. If you divorce him, I will marry him immediately."

Wang Ying's words undoubtedly put Wang Ying in a bad mood. The lady was so hurt that Ms. Wang decided to sue her husband for bigamy and also received legal consultation. The Marriage Law divides marriage into two situations: legal marriage and de facto marriage. Specifically, legal marriage refers to marriage registration. A de facto marriage refers to a marriage that has been registered and has a long-term cohabitation and residence in a different place. It has become a fact and is a husband-and-wife relationship in the eyes of neighbors or friends. The conditions in this case are as follows: Bigamy is obviously not established. Although Wang Ying and his stepfather have been living together for a long time, they have not formed a de facto relationship as husband and wife, and they are not presented as husband and wife in the eyes of the neighbors. Although this case cannot claim compensation from the perspective of bigamy. , the Marriage Law stipulates the liability of the at-fault party between the two parties in the marriage. Although there is no specific amount, the judge will make a decision based on the seriousness of the matter.

A few days later, the two formally filed for divorce, and all All the property belongs to Ms. Wang. As Ms. Wang walked on the road and reflected on her life, she felt that God was really unfair to her. She only had such an ordinary wish and lived a down-to-earth life. In exchange for today's result, she She felt that she couldn't accept it, so she chose to commit suicide. At the critical moment when she was hanging and suffocating, her ex-husband happened to meet her and rescued her in time.

Later, her daughter Wang Ying sent money to her stepmother many times to support her. To make up for the spiritual gap, Ms. Wang returned all the money, leaving her with no face to face her stepmother for the rest of her life.

This case also involves a custody issue. The General Principles of Civil Law stipulates that parents have the right to raise their children. Obligation, children have the obligation to support the elderly, and the stepmother (father) has the obligation to support the stepfather (mother) in the ** year (I really can’t remember this year) when raising children.

The relevant legal provisions are incomplete. , under improvement-----

Who moved my name

Wang Xin is 28 years old this year. For a girl, this is a critical age. I planned to end my single life this year, but now it seems impossible.

Just at the beginning of the year, her boyfriend of three years left her, which was undoubtedly very painful for an older, unmarried young woman. However, misfortunes never come singly. Before she could get over the shadow of broken love, she was hired by Company A. Notice of termination of employment relationship. From then on, Wang Xin spent three long and troublesome months. Although Wang Xin never stopped submitting resumes and attending interviews, the resumes she submitted always seemed to be like nothing; the interviews she attended always had no news.

Wang Xin majored in clinical medicine at university, but she didn’t want to be a doctor, so when she was about to graduate, she frantically sent resumes to medical-related companies and participated in interviews. Finally, before leaving school, she One month later, she entered Company A, which kicked her out when she was feeling depressed.

On this day, Wang Xin had had breakfast and was reading a job application. Suddenly her cell phone rang. She looked at the number and saw an unknown caller. She quickly cleared her throat, answered it quickly and said in standard Mandarin, " "Hello, hello" would bring her excitement and hope every time, because this might be a job opportunity, and sure enough, it was a call to ask Wang Xin for an interview.

Wang Xin arrived at Company B for an interview at 3 p.m. The person interviewing her was Liu Fan, the general manager of Company B. After half an hour of talks, Liu Fan was quite satisfied with Wang Xin and asked her to come to the company to work next week.

Wang Xin finally felt that there was hope in her life. She cherished this opportunity very much and worked extremely hard. Soon, her rigorous and serious work attitude and outstanding work performance were recognized by the company. The company has expanded its business scope and is preparing to operate medical device products. To operate medical device products, you must first apply for a medical device business license. To apply for this license, the company must have a person with a medical degree as a quality manager. At this time, Liu Fan immediately thought of Wang Xin. So Liu Fan asked Wang Xin to prepare relevant academic certificates, ID cards, resumes and other materials. Soon Wang Xin prepared the relevant materials and handed them to Liu Fan.

Wang Xin thought to herself, "This is an opportunity. If I work harder, I will probably become the head of this department in the future. Thinking of this, I can't help but feel a little excited." But he received a dismissal notice from Company B. Wang Xin was really a little dizzy now. Why did the bright future that had just appeared suddenly end? What happened?

It turned out that when Liu Fan took the relevant information provided by Wang Xin to the relevant department to apply for a business license, he was told that Wang Xin was already the quality manager of another company. After confirmation, the two Wang Xins Just the same person. So Liu Fan believed that Wang Xin had committed fraud/dishonest behavior and did not meet the company's employment conditions, so he fired her. But when Wang Xin found out about this, she really didn't know when and what company she became the quality manager of. In addition to being troubled and painful, he commissioned a lawyer to find out what was going on, so Wang Xin found a lawyer to handle the matter. After the lawyer accepted the entrustment, he immediately went to the relevant departments that approved the medical device business license to understand the situation. It turned out that there was indeed a C company whose quality manager was Wang Xin. The lawyer told Wang Xin about this C company, and Wang Xin Although I have some impression of this company, I am sure that I have nothing to do with this company, let alone a quality manager. So the lawyer told Wang Xin that Company C had misappropriated her name to apply for a medical device business license. When Wang Xin heard this, she was very angry and asked: "What rights of mine has Company C violated? Can I sue Company C?"

The lawyer said: “This company has violated your right to name. According to the provisions of the General Principles of Civil Law, citizens have the right to name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering with it. , misappropriation, counterfeiting. If a citizen's right to name is infringed, he or she has the right to demand an end to the infringement, restoration of reputation, elimination of the impact, apology, and compensation for losses. In addition, according to the "Supreme People's Court's Rules on Determining Liability for Mental Damage in Civil Torts". "Interpretation of the Issue" stipulates that a natural person who suffers illegal infringement of his or her right of name can file a lawsuit in the People's Court for mental damage compensation. Therefore, you can file a lawsuit in the court to request Company C to stop the infringement and compensate you for your material losses and mental losses. "

So Wang Xin filed a lawsuit with the court based on the lawyer's suggestion. After trial, it was found that Company C had received Wang Xin's resume. At that time, Company C was preparing to apply for a medical device business license. Since they were short of a quality manager with a medical degree, they wanted to use Wang Xin's information to handle the matter. So under the guise of recruitment, Wang Xin provided relevant information, and then used this information to apply for a medical device business license. This makes Wang Xin inexplicably become the quality manager of this company.

In the end, based on the facts and evidence ascertained, the court ruled that Company C should stop infringing on Wang Xin’s right to name, apologize to Wang Xin, and compensate Wang Xin for economic losses of 10,000 yuan and mental losses of 5,000 yuan.

Shortly after the verdict, Liu Fan found Wang Xin and told her that after the company knew the truth of the matter, he was very sorry for the original decision and hoped that Wang Xin could continue to work. So Wang Xin and the company A new labor contract was signed and a new life began.