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Middle school student legal class lecture


Listening to the legal system, knowing the law and obeying the law, and let the students in school grow up healthily

Classmates, young friends, how are you?
I am very pleased to be invited to participate in the legal class held at the school today. I would like to take this opportunity to share some of the legal knowledge closely related to young people from the typical cases that happen to young people.
As the saying goes: "There is no rule without a square." The law is the "rule" to adjust people's behavior. With the development of society, the role of law is becoming more and more important, and the relationship with people's production and life is getting closer and closer. In a certain sense, the market economy is the legal economy. In foreign exchanges, the law is also an important social norm for adjusting the relationship between countries. As a young friend of the 21st century, learning and mastering the necessary legal knowledge is the need to realize the grand blueprint of the new century and revitalize China. It is also the need to safeguard human peace and promote world development.
Young people are the future of the motherland. The party and the government have always attached great importance to juvenile legal education. The fifth five-year law-enforcement plan approved by the Party Central Committee and the State Council listed the legal education for children and children as an important part. The majority of young people should seize this favorable opportunity, actively accept legal education, and strive to learn legal knowledge.
First, take the first step in life by learning legal knowledge. The road to life is very long, and laying the foundation is the key to the journey of life. The youth age is an important period for long body and knowledge. Only by learning legal knowledge can we know what is legal, what is illegal, learn to distinguish between right and wrong, identify good and evil, and develop good habits of obeying laws and disciplines from an early age.
Second, by learning legal knowledge, we will strive to be qualified citizens in the new century. China in the 21st century will be a more complete society with a higher legal system, requiring each citizen to have a higher legal quality. The vast majority of young people can only establish a democratic and legal concept, clarify the rights and obligations of citizens, and act in accordance with the law, safeguard their rights and interests, and become qualified citizens who meet the needs of social development.
Third, through studying legal knowledge, we strive to become a qualified successor to the cause of socialism with Chinese characteristics. The important task of building socialism with Chinese characteristics in the 21st century will fall on the shoulders of young friends. Strengthening socialist democracy, perfecting the socialist legal system, and governing the country according to law are important components of building socialism with Chinese characteristics. In order to better shoulder and fulfill the heavy responsibilities given by history, children and young people must arm their minds with scientific theories. They must have firm beliefs and extensive knowledge. They must not only learn and master scientific knowledge, but also learn and master legal knowledge and enhance their knowledge. Legal consciousness. Only in this way can we achieve the legal goal of ruling the country according to law, and can guarantee the long-term stability and economic growth of our great motherland, and realize the great rejuvenation of the Chinese nation.
Today, the school organizes students to take legal courses, listen to lectures, be warned, learn law, and from the typical cases that happen to young people, and the legal knowledge closely related to young people, accumulate bit by bit, persevere in learning, law-abiding, usage. And protect the law, gradually establish the concept of the legislative system, enhance the awareness of the legal system, develop a good habit of obeying the law, and strive to be a qualified citizen of the new century.
At present, minors, including student crimes at school, are still a problem that cannot be ignored in the prevention of public security. Today, I use a few cases to illustrate one truth: middle school students should learn law and understand law, and minors should grow up healthily.
Case 1: The nine youths gang robbery and ruin the future and regret it. For the convenience of narrative, I will introduce the basic situation of these nine people:

From 200* years* to *month, the nine people listed above were gathered together. They were successively in the ** middle school, *city cinema and other places, robbed 8 times and robbed 113 yuan of cash. The specific crimes are as follows:
For the first time, on the afternoon of March 22, 200*, it was robbed of 10 yuan in cash;
The second time, on the afternoon of April 7, 200*, the ******** was able to grab 10 yuan in cash;
the third time,*******

Above, *** participated in robbery 8 times, Liu* participated in robbery 4 times, Zhang** participated in robbery 5 times, *** participated in robbery 3 times, Fan* participated in robbery 3 times, Li* participated in robbery 2 times, Liang** Participated in the robbery 1 time, the ** involved in the robbery 1 time, Ding ** participated in the robbery 1 time. The cash collected was used by nine people for eating and drinking.
Nine people, such as Bao**, robbed other people’s property several times with violent coercion. Their behavior has violated the criminal law and constituted a sedition. Bao** played a major role in the joint crimes and was the principal offender of the case, and the gang had several times robbed with a knife. It is very harmful to the society, and its impact is extremely bad. It makes students have no sense of security in school and the crime is serious. It should be severely punished. In view of the fact that the crime is less than 16 years old when the crime is committed, the punishment should be reduced. Liu* and Liang** were 18 years old at the time of the crime and played a secondary role in the crime. They are the accomplices in this case. They should play a secondary role in the crime according to their age. They are the accomplices in this case and should be based on them. The plot of the crime is lightly punished against the principal. Zhang **, ***, Fan *, Li *, Guan **, Ding ** were under the age of 16 at the time of the crime, and were the accomplice in this case, and should be relieved of punishment. The court did not openly hear the case on the 15th of the month, and on the 15th of the month, the case was convicted of robbery, sentenced to imprisonment for six years, and fined 2,000 yuan; sentenced to six years of imprisonment and punishable by 1,500 yuan; sentenced to Zhang* * 2 years in prison and a fine of 1,000 yuan; sentenced to Fan * two years in prison, and fined 1,000 yuan; sentenced to Li * imprisonment for one year, probation for two years, and fined 1,000 yuan; sentenced to the period of Liang Imprisonment for one year, probation of probation for two years, and fined 1,000 yuan; sentenced to ** imprisonment for six months, probation for one year, and fined 500 yuan; sentenced to Ding ** six months in prison, probation for one year And fined 500 yuan.
This case involves seven concepts of crime in the general principles of the Criminal Code.
1. Age of criminal responsibility: Article 17 of the Criminal Law stipulates that under 14 years of age is completely irresponsible for criminal responsibility. 14 to 16 years of age is a relatively negative criminal age. Citizens of this age group are liable for criminal responsibility for the following eight crimes. Namely: intentional murder, intentional injury, rape, robbery, drug trafficking, arson, blasting, poisoning. 16 years of age or older is the age of full criminal responsibility. Persons aged 14-16 should be given a lighter or mitigated punishment.
2, probation: refers to the conditional suspension of execution of the penalty system. The applicable conditions for general probation: First, sentenced to criminal detention and imprisonment for up to three years; second, according to the nature of the crime and the performance of repentance, the use of probation does not harm the society; the third is not a recidivist. Recidivism is not applicable to probation.
3. Fines. A type of additional punishment. Adults are not less than 1,000 yuan, and minors are not less than 500 yuan, and they are forced to pay.
4. Joint crime. Deliberate crime by two or more persons is a joint crime.
5, the main offender. It refers to criminals who organize or lead criminal groups to carry out criminal activities or play a major role in joint crimes. According to the regulations, the principal offender includes two situations: the criminals who organize and lead criminal groups to carry out criminal activities, that is, the chief elements of criminal groups. They play the role of organization, planning and command in criminal groups and are the core of criminal groups. A criminal who plays a major role in joint crime.
6, accomplice. Refers to criminals who play a secondary or auxiliary role in joint crimes. The so-called secondary and auxiliary role is relative to the main role of the principal offender. For accomplice, it should be light, mitigated or exempted from punishment.
7, robbery. It refers to the act of using violent coercion and forcibly stealing property for the purpose of illegal possession. From an objective point of view, the defendant must have carried out the use of violence, coercion or other means to rob the owner, custodian or guardian of public and private property. This is the term violence. It refers to the criminals’ attack or coercion on the victim’s body, such as killing, beating, binding and confinement. This kind of violence is a means used by criminals to exclude victims from resisting and thus stealing property. The coercion of robbery refers to the act of criminals threatening violence, forcing the victim to resist, and thus successfully stealing property. The object of coercion may be the victim or the relatives, friends or colleagues of the victim. Judging from the facts of the court investigation. The nine defendants, such as Bao**, chose the object of the crime on the students. It is the characteristics of the students who dare not resist or resist. The defendants collect and seek crimes. In terms of identity, they are social youths. In terms of power comparison, or three-to-one, four-to-one, or even nine-to-one, the victim is subjected to violence and coercion, forcing the victim to surrender the property or let him take it out. The act is completely in line with the objectivity of the robbery. The essential features of the aspect.
From the object point of view, the crime of robbery is a complex object: not only infringes upon the property rights of citizens, but also directly infringes upon the personal rights of citizens. In this case, due to the behavior of the nine defendants, not only the victim’s property rights are: the only cash in the student’s body is robbed, and some students are afraid to go to school, some are sent to hospital for treatment, and some are Land, even implicated in the parents of students, is a welcoming of students to school, seriously infringing the physical and mental health of students in school, undermining a good social atmosphere, causing bad influence in schools and society.
On the subjective side, the crime of robbery has obvious subjective intent, that is, the purpose of illegal possession of public and private property. After the defendants left the school in this case, the family discipline was weak, and even the rented houses were living outside, and the life was not reliable, so they started the idea of ​​stealing money. Although the defendants all repudiated, the sophistry was borrowed and wanted, but the lie did not poke. The world did not know how to borrow money from people who did not even know the name. Uncovering the disguise, what is exposed is the illegal use of the pocket money of the students who are robbing the students to satisfy the eating, drinking and pumping of these unscrupulous people.
On the main body, according to the second paragraph of Article 17 of the Criminal Law, “a person who has been 14 years old and under the age of 16 commits intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, Those who commit crimes of explosion or poisoning shall be criminally liable. The defendants in this case have reached the age of 14 and are dissatisfied, have reached the criminal responsibility age of robbery, have criminal responsibility, and have many robberies and bad circumstances, which is in full compliance with the subject of robbery. feature.
Article 263 of the Criminal Law stipulates that the person who commits this crime shall be sentenced to imprisonment for not less than 3 years and not more than 10 years. Those who have the following circumstances shall be sentenced to fixed-term imprisonment of not more than 10 years, life imprisonment, or death penalty. A, robbery at home; B robbery on public transport; C, robbery of the bank; D large number of robberies or robberies; E, robbery caused serious injury or death; F, posing as military and police robbery; G, holding robbery; H. Robbery of military materials, rescue, disaster relief, relief supplies.
Case 2: The two students were young and ignorant, and were deceived to lead the wolf into the room Qiu* and Wu’s theft.
Qiu*, 22 years old, *** person, self-employed. Wu**, 17 years old, ** Chengguan District, ** a middle school student. He*, 14 years old, ** a middle school student. Liu **, 14 years old, ** a middle school student.
After the school was enrolled on the 11th and the 11th of the month, Wu Qi said to He*: "** Fun, you steal some money from home, I will take you to play." At 3 o'clock on the afternoon of June 14, he called the classmates to remove the anti-theft door screws of Grandpa's house and called Qiu* from **. On the morning of June 15, Wu **, He* entered the room, Liu ** Out of the whistle, stole more than 2,300 yuan in cash and two cigarettes, Liu ** points 2,000 yuan, the rest is held by Wu **, four people on the **, after returning, only 3,000 yuan left, the rest are squandered.
After the incident, Qiu* and Wu** were sentenced to three years and six months in prison respectively.
The two concepts of criminal law involved in this case
1. Theft. Refers to the secret stealing of large amounts of public and private property for the purpose of illegal possession. The constituent element of the theft is that the object of the infringement is the ownership of public and private property. The object of theft crime is the property of the state, the collective and the individual, including both tangible property and intangible property such as electricity, gas, and important technological achievements. On the objective side, the perpetrator carried out the act of secretly stealing a large amount of public and private property. The so-called secret theft means that the criminals secretly steal their belongings by means of self-identification that they do not make the owner, custodian or handle of the property.
2. Punishment of theft. If the amount of public or private property is stolen, or if it is stolen several times, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall be punished with a single penalty; if the amount is huge or there are other serious circumstances, it shall be sentenced to imprisonment of not less than three years and not more than ten years. And fines; if the amount is particularly large or has other serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall be fined or confiscated; in one of the following circumstances, imprisonment or death shall be imposed and the property shall be confiscated:
Theft of financial institutions is extremely large;
Theft of precious cultural relics is serious.
The main lesson of this case is: He is young and ignorant, listens to deceit, and leads the wolf into the room, causing serious consequences. The world outlook of young students is not completely stereotyped. The way of thinking is extremely unstable. The ability to judge things is poor. When encountering things, we must carefully consider and weigh the pros and cons. We must not be enthusiastic about it, and we will go astray if we are greedy.
Case 3: The victim of a wounded person after school drinking is also alive. This is a case of intentional injury.
Zhang**, 16 years old, ** second-year student. On the evening of March 22, at 20 o'clock in the evening of the 22nd, when the wine was out of the dormitory door, the student Sun ** who had returned to the dormitory next night had a collision. Sun went to the dormitory and told the classmate Ai **, let Ai give it treatment. After that, after Ai promised, Sun ** called Zhang ** to the west side of the dormitory to say what had just happened. Just talking, waiting for the ** to come forward, asked: "What is it?" Ai ** will tell him what happened, Sun ** said: "Nothing." Waiting ** said: "Is it okay?" and asked Zhang how to deal with this matter, Zhang said: "If you want to do it, you can do it." Waiting for ** is on the right shoulder of Zhang ** After a punch, he used his left hand to cover Zhang’s neck, squatting on Zhang’s body with his right fist, and using his knees on his stomach. When Zhang’s 被 被 搡 搡 搡 搡 搡 , , , , , , , , , In the middle of the jump knife, use his left hand to tear the hair of the waiting, smashing a knife in the chest of the waiting, then push the belt and then smash it. When the ** was pushed to the bedside, the ** was torn to the bed, pressed under the body, and Zhang ** smashed two knives on the waiting chest. A large amount of bleeding was sent to the hospital for rescue, and it was found that the left underarm, the left chest, the right chest, and the left upper abdomen were all stabbed.
Forensic identification: Hou ** chest and abdomen were stabbed by sharps, resulting in bilateral open pneumothorax, lung rupture, chest tightness, shortness of breath, difficulty breathing; hemorrhagic shock. According to the provisions of Articles 58 and 87 of the Standard for the Identification of Human Weight Injury, serious injuries have been caused.
Zhang ** intentionally wounded and wounded, causing serious injuries. His behavior has violated the provisions of Article 234 of the Criminal Law of the People's Republic of China, which constitutes a crime of intentional assault. The defendant is a minor at the time of the crime and sentenced to a fixed-term imprisonment. Year, probation for 1 year. For the economic losses caused by personal injury, the civil liability is 5% lower, the waiting is 40%, and the school is 10%.
This case involves two concepts of the Criminal Law:
1. Justifiable defense. It means that when it is being illegally infringed, the defense actions taken are not subject to legal investigation. In this case, Zhang’s behavior is a bit of a defense, but it is not a legitimate defense in the true sense, so he should bear criminal responsibility.
2. Intentional injury. Article 243 of the Criminal Law stipulates that intentional illegal damage to the health of another person constitutes a crime is a crime of intentional assault. Those who commit this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention and control, and the injured shall be sentenced to imprisonment for not less than three years and not more than 10 years. A person who is dying or seriously injured by special cruel means, resulting in a severe disability of more than 3 years in prison, life imprisonment or death penalty.
In all fairness, this case should send a pair of couples to those who hurt others and those who are hurt by others:
Shanglian: After hitting a drink, Zhang ** should not be.
Downlink: You can play the second ** is also a deserved.
Horizontal batch: Law blind a pair of these two students, sentenced, lost money, sighed, what should be learned? Let us imagine: If Zhang ** obeys the school rules, don't drink alcohol on campus; if he hits people, say "I'm sorry"; if ** is less buddy, less can be good, less than two poles, What will be the result? This thing that should not happen can certainly be avoided.
Case 4: The French law network does not think about repentance and then the crime is difficult to return to the **, male, Han nationality, born on February 28, 1985, the national education level, ****** people. On June 15, 200*, he was sentenced to six months in prison for committing robbery, probation for one year, and fined 500 yuan.
In August of 200*, the ** gang with the scenery *, money ** and other people take the unmanned machine, take the window into the room, climb from the balcony and other means of committing crimes, have been in the ** winery, ** water and electricity bureau family building theft Acting, stealing VCD, liquor, cigarettes and other items, including ** involved in theft of 6 cases, theft value of more than 4,900 yuan; King * involved in theft 7 cases, theft value of more than 6,900 yuan; money ** involved in theft 6 cases, theft value More than 5,900 yuan. Most of the defendants who have been stolen are eating and drinking. Guan **, Jing*, Qian ** for the purpose of illegal possession, and the number of secretly stealing public and private property with others has been large, and its behavior has violated the criminal law and constitutes theft. Because the three people have not reached the age of 18 when they commit crimes, and the money ** has surrendered to the plot, it should be given a lighter punishment. Guan ** also committed a crime during the probation period, and the probation should be revoked according to law. He was convicted of theft and sentenced to one year in prison. The original crime of robbery was sentenced to a fixed-term imprisonment of several months. He was sentenced to 1 year and 4 months in prison and fined 1,000 yuan. Guilty, sentenced to 1 year and 2 months imprisonment, and fined 1,000 yuan; money guilty of theft, sentenced to a fixed-term imprisonment of one month, announced a suspended sentence of one year, and fined 2,000 yuan.
Guan**, on June 15, 200*, was sentenced to 6 months in prison for robbery and suspended for 1 year. In November of 200*, he was sentenced to 1 year and 4 months in prison for committing theft. He was released on January 2, 2003. On the 6th of June, 2003, Guan and Penglong drunk at the "Building Heart" bar of "****" until 22 o'clock, and they were ready to go home to rest, and stop at the city center. In the northwest corner of the Shizi corner, the "**" Internet cafe door collided with the former ** mobile company employee Wang Moumou who was calling at the door. The two sides had a quarrel, which caused tearing and was blocked by the crowd. After Wang left, Guan ran into the "Heart Language" drink and took out a ** middle school student Liu Moumou placed a 40 cm long, about 5 cm wide machete, looking for Wang Moumou, and finally **The second floor of the cinema guest house found Wang Moumou. Guan Mou was pulled to the street outside the guest house. He chopped a knife at the head of Wang’s head and wounded him. According to the forensic examination, according to the degree of facial damage, in accordance with the provisions of Article 14 of the "Slight Injury Identification Standards", it is a minor injury. Guan ** can't be treated correctly, calmly and cautiously. The knife intentionally hurts the body, causing minor injuries, and its behavior has violated the criminal law and constitutes a crime of intentional injury. Guan ** Deliberately committing a crime within five years after the execution of the penalty is a recidivism and should be severely punished. He was convicted of intentional assault and sentenced to 2 years in prison.
This case involves three concepts of the Criminal Law:
1. Surrender. Those who commit crimes after committing crimes and truthfully confess their crimes are surrendered. For surviving criminals, you can lighten or mitigate punishment. Where crimes are relatively minor may be exempted from punishment.
2, recidivism. Criminals sentenced to more than a fixed-term imprisonment, after the execution of the penalty or pardon, within five years of recidivism should be sentenced to more than a sentence of imprisonment, should be severely punished, except for negligent crimes.
3, a few crimes and punishment. It means that a person commits several crimes. After the people's courts have convicted and sentenced various crimes, they shall decide the penalties to be imposed according to the statutory principle.
It can be seen from this case that Guanzhong, a middle school student, has made friends with the unscrupulous youth in the society from the age of 15 and participated in the robbery. He was sentenced to probation, but he did not know how to repent, and regarded the law as a child’s play. He was convicted of multiple thefts and was sentenced to one year and two months in prison. Just after the release of the sentence, he was mixed in the bar, acting as a scorpion, looking for trouble, slashing people with knives, defying the law, and committing three crimes in just three years, and then falling into the law, falling into the quagmire of crime, it is sad. Sigh, arrogant, hateful.
Classmates: After listening to the lesson and examining the four cases, what should we learn from it? I think it should be 5 sentences, 15 words: This is: cautious friends, Li Dazhi, be careful and cautious, dare to defend rights, and be honest.
1. Be careful with friends. The case of Bao Zheng, Liu*, Zhang **, ***, Fan*, Li*, Guan **, Liang **, Ding ** robbery is 200) years of juvenile crimes that cause school, family and social concern After intensive investigations by the public security organs, the further examination by the procuratorial organs and the two trials of the people's courts finally came to an end. In this case, the defendants gathered together. Within a short period of one month, more than 10 crimes were committed and the cash was robbed by more than 200 yuan. The result is surprising. How did they get on the path of crime? From the trial of this case and the way to visit the guardian, there are several reasons. Most of the defendants in this case left the school too early and lost the opportunity to continue their education. They were involved in the society too early, and they were contaminated with some bad ethos in the society. They called the brothers and brothers, and the buddies were right and wrong, and they did not argue, and they were daring to try their best. During the period of Shangzhongzhong, I met with Baozheng and Liu*, and often played together. Because there is no family to teach, I have no money to eat, and I have to pay rent. I want to close **, Li*, Ding** Participate in robbery activities. Guan **, Li *, Ding ** buddy spurred on the road to crime. When dealing with people, we must be careful, keeping in mind the advice of the ancients: "The near Zhu is red, the near ink is black." Don't associate with those who are not well-informed, and don't confuse with the bad guys outside the school.
2, set up aspirations. Every teenager should strengthen his ideological and moral cultivation. Human behavior is governed by thoughts. Without good thoughts, there will be no correct behavior. In the ideological and political class in school education, the legal course is not empty and false, but a real truth. We must realize the ideal value of being a person, not only learning to learn, learning, but more importantly, learning to be a human being. The legal concept of Bao, Guan, and others is weak. I don’t know how to use morality and law to regulate my own behavior. On the contrary, I use violence or coercion to obtain illegitimate wealth to satisfy my own life, and thus embark on the criminal path. The ancients said: "The gentleman loves money, and he has a good way." Where is the road? I believe that hard work and prosperity are the right way. Going to high school, getting into college, learning the skills, and getting paid for work is the right way. On the contrary, pit, Mongolian, abducted, deceived, stolen, robbed and other means to make money, that is, evil martyrdom, but by moral condemnation, but also by the law. We should be ambitious, hard-working, and grow up to serve the motherland and use our labor to improve our lives.
3, be careful and independent. Qian **, Li **, Ding ** was originally a student in *zhong, **, usually a few people's performance is good, Bao **, Guan ** called them to commit crimes, some of them in school not only do not stop On the contrary, actively cooperate, which shows that there is a lack of "cautious independence" awareness of their own behavior and lack of self-discipline. I remind students that they must have the ability to think independently. What to do when you are in trouble, you should not do it, you must have your own opinion, and you must not blindly follow.
4, dare to defend rights. Every teenager should learn the law, know the law, understand the law and use it, and learn to use legal weapons to protect his legitimate rights and interests. After the revision of the Criminal Law, new provisions have been made for legitimate defense, that is, to prevent unlawful infringement of the state, the public interest, the personal, property and other rights of the person or others from the ongoing illegal infringement. If the person causes damage, it is a legitimate defense and does not bear criminal responsibility. Those who commit murder, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety, and take defensive actions, causing unlawful infringement of human casualties, are not defensive and not criminally liable. As far as the school is concerned, if every classmate is full of sense of justice, bravely and bravely, and encounters a situation similar to robbery, and come forward, everyone can call us to create a stable and united learning environment. Criminals have no hiding place.
5, be honest. Once you have done something wrong and even committed a law, you must confess clearly to the teacher, the school, and the relevant authorities, and strive for a wide deal. In today's case, the accused can confess the criminal process truthfully, and he was sentenced to a suspended sentence. Therefore, I advise the students to learn from the country's small law, understand the law, and abide by the law. If they touch the French Open, they should take the initiative to confess and surrender, truthfully confess, and strive for a wide deal. Those who have stepped on the criminal edge line and are ready to carry out such behaviors, if they don’t break the cliffs and make up for it, then today’s life is your tomorrow, because whoever puts the law as a play, will inevitably die in law.
Finally, I wish young friends, classmates, diligently study, and strive to be ready for the brighter and brighter future of the Chinese nation.

April 11, 2004

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