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发表于 2014-11-21 04:55:36 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
China's maritime power of the road, should be neither too much emphasis on its own particularity, one-sided seeking "change" seeking "new" or even reinvent the wheel, nor should it be overemphasized practice and experience of the modern West. Or mechanical copying blindly and change are difficult to succeed, China's maritime power dream calm analysis and specifically addressed the need for more rigorous logic, not some empty, specious gimmicks or slogans.Xu Ting third quarter"Xu Ting was wrong, but not guilty. Xuting should be identified as 'unjust enrichment', the amount of unjust enrichment by the bank recourse. Teller error, the bank should also bear the risk of liability, theft equal to the Bank should undertake their own to transfer the risk. "Reporter | Haofeng JiangMay 26.
Xu Ting was driving a truck Hongtong County high-speed sections, like all married man, he is working to make money, his wife belly expecting the birth of a new life. But he was Xu Ting, his life has been impossible to restore calm, like six years ago, he came back to the center of the news.2006, was in Guangzhou for the security man Shanxi Yicheng Xu Ting, withdrawals due to the aftermath of the ATM machine malfunction, took the machine spit out 175,000 yuan, was sentenced to a felony, caused a public outcry. Xu Ting was accused of theft, was sentenced to life imprisonment. At that time, the heated debate extends from the court to universities, law, finance, media and the general public. It was alleged that this is not "steal hook punish" What is it? For "Xu Ting Case in the first quarter."2008, Xu Ting appeal, lawyers do pleaded not guilty. The implication, Xu Ting even a "hook" did not steal, even "steal hook" are not. March 31, 2008, Xu Ting is still theft, received five years in prison. "When there is no period to five years, I was very moved and felt God told me to pay for my idea to have a return. Media reports, people are very much concerned, change is not easy for five years already.
the complainant's appeal against the judgment of first instance, may consist of first People's Court review of the trial treatment. "To May 23, Huang Zhixin said: "Staff said the High Court filing court opinions have not received my courier agent, I will later be submitted in person, I hope the High Court seriously consider the views of lawyers proxy.
never on the five years, for me, in fact, that contentment. "recalled the mood, Xu Ting as the representation. For "Xu Ting Case in the second quarter."July 30, 2010, Xu Ting eligible for parole. May 13 afternoon, three years later, the sentence is full of Xu Ting has already regained his freedom once again refused to accept the latest for representation by a lawyer Huang Zhixin, an official from the Guangdong Provincial Higher People's Court submitted a plea of   ? ot guilty materials. Xu Ting said that the behavior of their year between the bank ATM machine and occurred only count overdraft, can not be considered theft. Currently, after his release back to Shanxi Xu Ting, has been married, his wife was pregnant. At this juncture, his complaint, opened a "Xu Ting Case in the third quarter."Twists and turns of the complaintMay 21.
2012, counsel Huang Zhixin arrived in Wuxi, Jiangsu, appeared in front of the residence Poly agro-ecological Co. technician Xu Ting. That day, it was the day of expiry of Xu Ting parole.Jun thick as a lawyer law firm in Guangdong, Huang Zhixin initiative to appeal for Xu Ting. accept the "Xinmin Weekly" reporter, said: "I think, Xu Ting does not constitute a crime as a lawyer, and even citizens understand the law in general, are not considered such acts constituted theft can Xuting ultimately is theft. crime, commuted to five years in prison by a life sentence. I think it is necessary for his defense. "After the Guangdong Provincial Higher People's Court to face a complaint filed materials, Huang Zhixin receive a receipt. Guangdong Provincial High Court said that the case was approved by the Supreme Court, implying that the Guangdong High Court inadmissible. "We do not agree, because this case is the Court of Final Appeal High Court, I also notice after the High Court to pay the agent a written opinion, this is the view."Huang Zhixin written comments submitted by the agent, so urge Guangdong Provincial High Court: January 1, 2013 implementation of the "Supreme People's Court on the application of  explanation" (Law Interpretation [2012] No. 21), the first three hundred seventy-three first paragraph clearly states that "the complaint by the People's Court of Final Appeal to review treatment. However, the people's court of second instance permission to withdraw the appeal of the case.
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