5 thoughts on “Instead of going to college to be sentenced to sentence, is it a lifetime of university?”
Dana
The results of the investigation and processing of the two risks in Shandong have come to
Xinhua News Agency 06-30 · Xinhua News Agency official account
Investigation and handling of the problem of school in the government area and related situations On June 20, 2020, the Shandong Provincial Commission for Discipline Inspection Commission, the Provincial Department of Education, the Provincial Public Security Department and other departments formed a work class to follow the city of Liaocheng and Shandong. Together with the relevant units such as the University of Science and Technology, they investigated and verified the issues such as Chen Chunxiu, Liaocheng Guanxian, and Wang Lili, Dongchangfu District. At present, the relevant issues have been found out, and the relevant personnel are dealt with in accordance with the law. The relevant situation is notified as follows:
. The investigation and handling of Chen Chunxiu, the Chen Chunxiu of Guanxian County,
Born in March, he graduated from Guanxian High School in Guanxian County, Liaocheng in June 2004. He has been working in a foreign -mission for a long period of time. He is currently a private kindergarten teacher in Guanxian.
The top alternative Chen Yanping, female, Han nationality, born in May 1986, graduated from Liaocheng No. 1 Middle School in June 2004, and then used Chen Chunxiu to study at the International Economic and Trade of Shandong University of Science and Technology. He graduated in July 2007. In December of the same year, he publicly recruited the village assistant to work to work in Yanzhuang Street (formerly Yanzhuang Township), Guanxian County.
(1) Regarding the problem of admission notice. In 2004, Chen Yanping's college entrance examination scored 303 points (liberal arts) and did not reach a batch of admission score lines. Chen Yanping's father, Chen Jupeng (legal representative of Guanxian Guanzhou Fuxing Trading Co., Ltd.) and Zhang Feng (then Deputy Secretary of the Party Committee and Township of Yanzhuang Township), please entrust the then Director of the Guanxian Admissions Office Feng Xiuzhen to help Chen Yanping go to college for others Essence On July 26, Feng Xiuzhen and Chen Jupeng agreed to take Chen Chunxiu (the college entrance examination score was 546 points, which was higher than the batch of admission scores of the specialty of the year) as the object of replacement. Give Chen Jupeng. After consulting Shandong University of Technology learned that Chen Chunxiu's admission notice had been issued, Chen Jupeng found Li Chengtao, then deputy director of Guanxian Post Bureau, and lied to get his daughter's admission notice. Essence
(2) Regarding the problem of fake files. After Chen Jupeng obtained the notice of Chen Chunxiu's admission, Feng Xiuzhen used the convenience of the county's enrollment office to distribute the archives of the candidate's archives and handed Chen Chunxiu's file to Chen Jupeng. In order to make the archives -related information consistent with Chen Yanping, Zhang Feng found Cui Jihui, then the principal of the martial arts senior middle school. In training the official seal of senior middle schools, Zhang Feng stamped the official seal of the Yanzhuang Township Government, faked the registration form named Chen Chunxiu, photos and related information for Chen Yanping, and replaced Chen Chunxiu's candidates' files.
(3) Regarding the problem of fake household registration. In August 2004, Zhang Feng's niece daughter was admitted to college but was lost in the household registration. Ren Shukun, the director of the Guizhuang Police Station of the Guanxian Public Security Bureau, issued a certificate of migration of false accounts for Chen Yanping. Chen Chunxiu and the address are the "Household Registration Certificate" in the southeast village of Yanzhuang Township. After graduating from Chen Yanping in July 2007, Chen Jupeng once again found Ren Shukun and asked him to help forge a new household registration. Ren Shukun violated the regulations and reported to the relevant materials as the name of the county public security bureau. Chen Chunxiu's new household registration.
(4) Regarding the issue of enrollment and qualification review. On August 31, 2004, Chen Yanping reported to the School of Economics of Shandong University of Technology. Due to the incomplete materials of the report, Zhang Feng passed the then assistant director Du Yanli, the assistant director of the school's teaching affairs office to help Chen Yanping go through the enrollment procedures. Its identity is substantially reviewed. In mid -September, Shandong Institute of Technology deployed the qualification review of freshmen. The School of Economics arranged for the student department to be responsible for this work. The name of Chen Chunxiu's enrollment was replaced.
(5) Regarding participation in work. In October 2007, Guanxian unified recruitment of staff members (including village assistants), and then Feng Guiqiu, deputy director of the Personnel Dispute Arbitration Office of Guanxian Personnel Bureau, was not strictly closed. Examination and participation in this recruitment test and hired.
(6) Regarding the problems of the relevant personnel in Chen Chunxiu's verification, they had lost their duty and missed their duty. On May 27, 2020, Chen Chunxiu went to the Guanxian County Admissions Office to inquire about his college entrance examination. Zhang Hongchun, a staff member of the Guanxian Admissions Office, still asked him to issue an introduction letter in the village when he met the query conditions. Notice of the General Office on Clean up the Cleanings of Certificate (Lu Zhengyao [2018] No. 146, issued by August 2018) in the "six cancellations" in August 2018. On May 28th, Chen Chunxiu went to the Wan Shan Police Station of the Public Security Bureau of the Guanxian County Public Security Bureau to ask for the finder. The police officers of the police station Zhang Jianxun and Guo Dongyong lost their jobs and failed to find out and compare the reputation personnel in time, causing adverse consequences.
In the above investigation, according to regulations, according to the law, according to law and law:
1. Chen Yanping, violated national laws and regulations, and replaced the academic degree in Shandong University of Technology It has been canceled and its employment contract has been lifted. The public security organs have been investigated and forced measures to investigate their suspected crime issues.
2. Chen Jupeng, in violation of national laws and regulations, the public security organs have filed a case for suspected crime issues and took mandatory measures.
3. Zhang Feng, a four -level investigator of the Standing Committee of the Guanxian County People's Congress, and then the head of the township and party committee of Yanxian County, was suspected of serious disciplinary violations.
4. Feng Xiuzhen, the cadre of the Guanxian Education and Sports Bureau, the president of Guanxian No.1 Middle School, and then the director of the Guanxian Admissions Office, is suspected of serious disciplinary violations.
5. Ren Shukun, the former director of the Yanzhuang Police Station of the Public Security Bureau of Guanxian County, violated national laws and regulations, gave it to the party to dispose of party membership, and reduce retirement treatment.
6. Guo Wei, the household registration police officer of the Yantong Police Station of the Public Security Bureau of Guanxian County, violated national laws and regulations, should be given to the party's post and reduce the job level. Serious warnings and reducing post levels within the party.
7. Cui Ji Club, President of Guanxian Wuxun High School, violated work discipline, should be revoked to the party's duties, because he did not hold the party in the party and retired, and he was given a serious warning to the party. Reduce retirement benefits.
8. Li Chengtao, director of the Liaocheng Branch of China Post Group Co., Ltd., then deputy director of the Guanxian Post Office, violated work discipline, and gives a serious warning to its party.
9. Du Yili, Director of the Network Information Center of Shandong University of Science and Technology, assistant director of the school's teaching affairs office, violated work discipline and integrity discipline, canceled the qualifications for the preparatory party members, and gave it to reduce the job level level Posted.
10. Li Wensen, Deputy Director of the Engineering Training Center of Shandong University of Technology, and then the school chief of the school's school of economics, violated work discipline, should be given to the party's position and reduce the job level. It did not hold the party's duties, and gave its party serious warnings and reducing post -level sanctions.
This on Chen Yanping's replacement, forging files, fake household registration and other issues with direct responsibilities and leadership responsibilities of the Guanxian County People's Congress Standing Committee (then secretary of the party group and director of the Guanxian Education Bureau) He, Wang Junchao, former member of the Party Committee and Deputy Director of the Public Security Bureau of Guanxian County, and other 5; Wang Junchao, including Chen Yanping's enrollment qualification review, and other issues of the Standing Committee of the Shandong University of Technology and vice president (then the party's general branch of the School of Economics of the School of Economics Secretary, Dean) Liu Guohua and other 5 people; the Crown County Human Resources and Social Affairs Bureau members and deputy directors who have direct responsibilities and leadership responsibility for Chen Yanping's recruitment information review are not strict. Deputy Director) Four people including Feng Guiqiu; 5 people such as Zhang Hongchun, a staff member of the Guanxian Admissions Office who had been dismissed by Chen Chunxiu, were checked in Chen Chunxiu.
. The survey and handling of Wang Lili, Dongchangfu District, was replaced by secondary secondary school issues
This, Wang Lili, female, Han nationality, born in July 1978. From September 1998 to July 2001, he studied at the Agricultural Economy of Liaocheng Agricultural School. In 1996, he used the name "Wang Li" to apply for Liaocheng Agricultural School Animal Husbandry and Veterinarian.
The alternative Chen Wei, female, Han nationality, born in June 1978, from October 1996 to July 1999, studying in computer professional in Liaocheng Agricultural School, joining the work in June 2000, 2011 11, 2011 Yueyue is a member of the Party Working Committee of Yan Temple Street, Dongchangfu District, and a member of the Party Working Committee of Liuyuan Street, Dongchangfu District in December 2016.
(1) Regarding the problem of admission. In May 1996, Liaocheng Agricultural School enrolled students with practical experience. Wang Lili signed up for Wang Li's name to participate in the enrollment examination of the school's animal husbandry and veterinary professional practice. The total score of the examination was 312 points, and the unified recruitment score was not reached. After being informed by Chen Bingling, Chen Wei's father, he asked Li Guangyun, the principal of Liaocheng Agricultural School, to help him operate Chen Wei's learning. Li Guangyun used his authority to admit Chen Wei as a professional student in Liaocheng Agricultural School of Liaocheng Agricultural School in violation of regulations. In order to ensure admission, Chen Bingling also asked Feng Mingquan, deputy principal of Liaocheng Agricultural School and deputy secretary of the Party Branch of Liaocheng Agricultural School to help handle the specific matters of admission. Zhou Guanghong, then vice president of Liaocheng Agricultural School, did not strictly review Chen Wei's admission archives in the duties of the new students' "holiday", and failed to find that Chen Wei replaced the school in the name of "Wang Li".
(2) Forgery of household registration. In October 1996, Chen Bingling asked Du Qing, the director of the Public Security Bureau of the Public Security Bureau of the City Public Security Bureau to issue a certificate of migration of false accounts for his daughter. According to the information provided by Chen Bingling, Du Qing falsified the migration certificate called "Wang Li".
(3) About the promotion of the job. In 2011, in the archives review, Sun Qian, the staff of the archives room of the District Human Resources and Social Affairs Bureau, found that the information existing in the archives of Chen Wei was inconsistent, resulting in the failure to deal with the archives issues. In November of the same year, during the inspection of the leadership team of the town (street), Lu Guodong, the leader of the district committee's inspection team, and Jiang Jiansheng, deputy team leader, did not carefully perform the review duties, causing Chen Wei to be promoted and used in serious problems in the archives. Essence
In the above investigation, according to regulations, according to the law and discipline and law, the relevant personnel are handled as follows:
1. Chen Wei, violating national laws and regulations, was expelled from the party in June 2020 and was expelled from the party membership in June 2020 Fleeing public office; public security organs have filed a case for their suspected crime issues and took mandatory measures.
2. Chen Bingling, a resident of Chenzhuang neighborhood committee of Liuyuan Street Office, Dongchang Prefecture, member of the Communist Party of China, violated organizational discipline, concealed serious mistakes before joining the party, and was removed. Investigate and take mandatory measures.
3. Du Qing, director of the Dongchang Prefecture Branch of the City Public Security Bureau, the director of the Police Station, violated national laws and regulations, and gave him a year to see the party for one year and government affairs withdrawal.
4. Li Guangyun, former principal of Liaocheng Agricultural School, was expelled from the party and was expelled from public office in June 1999 for problems such as corruption, bribery, etc., and was sentenced to 13 years in prison in January 2000. Essence
5. Feng Mingquan, the former deputy secretary and vice president of the party general branch of the Liaocheng Agricultural School, violated work discipline, and gave a serious warning to its party.
6. Zhou Guanghong, former vice president of Liaocheng Agricultural School, violated work discipline and gives his party warning.
The deputy minister of the Organization Department of the Dongchang House District Party Committee (then inspection of the archives of the archives in the promotion of Chen Wei's position and the responsibility of the problems of the problems of Wang Lili, which is responsible for the problems of the problems of Wang Lili. Group leader) Lu Guodong and 11 people including party discipline and government affairs were given or organized.
Except for the two names of this notice replacement of school, work classes are conducting investigations reflecting the province's "242 people's reputation replacement of academic qualifications". It has been preliminarily found that the above -mentioned replacement problem occurred between 1999 and 2006. It was mainly that those who were replaced by the names were completely unknown to be replaced. There are trading behaviors such as transactions with the substitutes. In the next step, the work class will organize the special forces of the provinces, cities and counties, investigate and deal with the above problems one by one. At the same time, other similar issues that are found in the work and other similar problems reported, insist on the attitude of zero tolerance, verify and deal with them together. Don't be able to do it.
This on the problem of being replaced by Gou Jing in Rencheng District, Jining City. The work classes are conducting investigations with Jining City. The results of the investigation will be announced to the society in a timely manner.
The reasonable demands of the reputation involved, the work classes will urge relevant departments to study carefully, help solve practical problems, and maximize their legitimate rights and interests.
It is indeed a lifelong life for others to go to college. Due to his selfishness, he delayed the behavior of others.
The amendments to the Criminal Law (11) Draft for the second draft of the draft shall be submitted to the meeting of the Standing Committee of the National People's Congress on the 13th. In specific circumstances, the special procedure will be reduced to the legal minimum criminal liability age to 12 years old to 12 years old. Essence In addition, the amendments to the Criminal Law (11th) Draft for the second review of the draft also increased the regulations. It will be stolen and used as a higher education enrollment qualification for higher education education, the qualification qualifications of civil servants, and employment resettlement benefits. At the same time, if the organization and instructing others shall be implemented, it will be punished.
The previous replacement incident was not guilty of independence, but according to Article 280, paragraph 1 of the Criminal Law: Anti -name is suspected of "forging, altering, trading or theft, robbing, destroying the country, The official documents, documents, and seal of the organs should be sentenced to less than 3 years in prison, detention, control or deprivation of political rights; if the circumstances are serious, they will be imprisoned for 3 years and 10 years. "The Luo Caixia incident must also understand that the fake replaid father was sentenced to two years in prison for fake national organs, and was punished with bribery. In addition, the act of replacing others to college also invades the right to infringe on the name of others, the right to educate, and other related rights. Wait for the replacement of the names, cancel the student status.
The act of illegal behavior that has seriously affected normal public order and management activities.
Countless people for life. This kind of stolen beam and pillars are very harsh, and it is easy to cause physical and mental injuries to the alternative. The shadow is lingering for a long time.
I. Foreword Recently, Shandong Chen Chunxiu, Gou Jing, and others were rushed to the college entrance examination and continued to ferment the college incident, which touched everyone's nerves and offending the public's simple emotions. The media also reported that from 2018 to 2019, there were 14 universities in Shandong, and 273 people were announced in the investigation; 242 of them were allegedly replaced by their names, and none of them had objections. In this report, public opinion in the world was uproar. Isn't such a "chicken and dog stolen" in the hometown of Confucius and Mencius? Most people in the world are interpreted from the visuals of the employment of examinations and the vision of the public. It has rarely analyzed from the perspective of criminal law from the perspective of criminal law. As a criminal lawyer who focuses on fraud crimes, the author is willing to analyze the issue of "coming to college" from the perspective of criminal law for your reference. . Does "Radio Name to College" constitute a crime of fraud? If according to the provisions of the Criminal Law, fraud refers to the behavior of the actor for illegal possession, fictional facts, concealing the truth, and deceiving public and private property (or property benefits), with a large amount of larger amount. The objective logic structure of the crime of fraud is: performers performed fraud → Others' behaviors of others due to fraud or continuing to maintain errors → Other people implement the property (or delivery) property → the actor obtain or enables the third party to get property → the victim Under property loss. Those who do not meet the objective logic structure do not constitute a crime of fraud. It specific to this case, first of all, the perpetrator is a deception of "fictional facts, concealing the truth" to fake a lot of documents such as admission permit, ID card, and hukou. Essence Secondly, Chen Chunxiu, Gou Jing and others were unknowingly "replaced" in college. Even if the "victim" had an error, he thought he had fallen on the list, but Chen Chunxiu, Gou Jing and others also also also also No disposal actions are made because of this (let alone the act of acting property). again, "victims" Chen Chunxiu, Gou Jing and others did not suffer property losses directly (see later discussions). What is directly lost is the right to qualifications for college and higher education. Therefore, the behavior of "ingening and replacing" university does not conform to the objective logical structure of fraud, and it is impossible to use fraud. In addition to the crime of fraud requiring the actor to have fictional facts and conceal the truth, the crime of deception must also be required to be a public private property or property interest. Specifically, Chen Chunxiu, Gou Jing and others were named up to be named for college entrance examinations. The actors directly infringed the higher education rights of Chen Chunxiu, Gou Jing and others, and the employment rights after graduating from university. Although these rights are closely related to property rights (property) For example, good employment and good jobs will bring a significant increase in property income, but this is an indirect correlation after all, and it has certain uncertainty. In the criminal law, only the deception of the property interest directly infringing on the property interests of the parties can be included in the constituent elements of fraud. Therefore, from the perspective of infringement, the behavior of "coming to university" cannot be identified as fraud or theft behaviors in the sense of criminal law. It also, the crime of fraud also requires the actor to subjectively have the purpose of illegal possession, that is, excluding owners and permanently regarding the property of others as their own. Sexual interests. As mentioned earlier, the subjective purpose of the perpetrator is to obtain the qualifications of others to go to college and seek the opportunity of higher education by others. And these cannot be directly quantified into property. Although the interests of infringement are even more important than property, they cannot evaluate it as fraud in criminal law, and they cannot identify it as fraud. 3. Does "Rest on Name to College" constitute the crime of theft? If forgery and replacement of the university on the name of fake certificates and replace the deception is a "fictional facts, concealing the truth" to deceive, then the "ingenious replacement" party stole the "victim" party to approve, ID card, household registration information, and household registration information. The behavior of adjusting packages and top schools is completely secret for "victims" Chen Chunxiu, Gou Jing and others, and they are unknown. In addition, from the perspective of "victims" did not discipline property based on errors, this seems to be more in line with the characteristics of the "secret theft" of theft. Therefore, some people joked that this behavior was a kind of "chicken -shaking dog stolen" and "mouse stealing dogs" behavior. . As mentioned earlier, the object that theft requested the violation in the criminal law must be property or property interests, but the actor of this case obtains the qualifications of others to go to college, and seek the opportunity to be highly educated by others. And these cannot be directly quantified into property, so they cannot evaluate it as theft in criminal law, and they cannot identify it as the crime of theft. . Does "Raise Name and Sub -College" constitute a crime of instead of examinations? In 2015, the Criminal Law Amendment (9) will officially "replace others or let others take the national examinations that it is required by themselves" to replace the test crime. Here, the national test includes the college entrance examination. Many people believe that the behavior of being famous for his name can be pursued by this crime. but the objective performance of "ingening and replacing college" is completely different from hiring the "Gunner" and "Exam". "Gunners" cheated in the exam. However, from the perspective of social harm, the social harm seems to be even greater, but it is regrettable that when the legislative principle of criminal law is not modified, it is impossible Examination. 5. How does "" qualitative? The behavior of "ingening and replacing college", on the surface, it seems that the sky is seamless and cannot be made by criminal theory. However, according to media reports, if you want to replace college success, the party must be faked in terms of admission tickets, ID cards, etc. According to the provisions of Article 280 of the Criminal Law, forgery and altering resident ID cards to forge, forgery, and forgery, forgery, and forgery, in order to forge, and forgery, in order to forge, and forgery, in order to forge, to forge, to forge, to forge, and Set the crime of resident identity. In other words, as long as the perpetrators have implemented the behavior of fake resident ID cards, in principle, the crime of fake resident ID cards is significantly mild and harmful, but this case does not exist. Criminal liability for filing the case. The timeliness of prosecution is a controversial issue in this case. Initially, many of the incidents that were replaced occurred ten years ago, and the prosecution time of criminal law had been passed. However, in addition to the "replacement" behavior, in addition to going to college, the perpetrator also uses the identity of the replacement for work and employment. The "victim" is seriously inconvenient in terms of bank loans. In this shows that the French Open is restored and sparse without leakage. The behavior of "taking the name to the university" can be held criminally responsible for the crime of falsifying the resident ID card. In the operation session of the "Optical Exchange of College", if there is a criminal act of malfeasance of the staff of the state organs, the corresponding criminal responsibility may also be investigated in accordance with the law.
I think this behavior is indeed a kind of behavior of mistakes, because this behavior not only delay time for those who are admitted to college, but also have completely changed the trajectory of life.
The results of the investigation and processing of the two risks in Shandong have come to
Xinhua News Agency
06-30 · Xinhua News Agency official account
Investigation and handling of the problem of school in the government area and related situations
On June 20, 2020, the Shandong Provincial Commission for Discipline Inspection Commission, the Provincial Department of Education, the Provincial Public Security Department and other departments formed a work class to follow the city of Liaocheng and Shandong. Together with the relevant units such as the University of Science and Technology, they investigated and verified the issues such as Chen Chunxiu, Liaocheng Guanxian, and Wang Lili, Dongchangfu District. At present, the relevant issues have been found out, and the relevant personnel are dealt with in accordance with the law. The relevant situation is notified as follows:
. The investigation and handling of Chen Chunxiu, the Chen Chunxiu of Guanxian County,
Born in March, he graduated from Guanxian High School in Guanxian County, Liaocheng in June 2004. He has been working in a foreign -mission for a long period of time. He is currently a private kindergarten teacher in Guanxian.
The top alternative Chen Yanping, female, Han nationality, born in May 1986, graduated from Liaocheng No. 1 Middle School in June 2004, and then used Chen Chunxiu to study at the International Economic and Trade of Shandong University of Science and Technology. He graduated in July 2007. In December of the same year, he publicly recruited the village assistant to work to work in Yanzhuang Street (formerly Yanzhuang Township), Guanxian County.
(1) Regarding the problem of admission notice. In 2004, Chen Yanping's college entrance examination scored 303 points (liberal arts) and did not reach a batch of admission score lines. Chen Yanping's father, Chen Jupeng (legal representative of Guanxian Guanzhou Fuxing Trading Co., Ltd.) and Zhang Feng (then Deputy Secretary of the Party Committee and Township of Yanzhuang Township), please entrust the then Director of the Guanxian Admissions Office Feng Xiuzhen to help Chen Yanping go to college for others Essence On July 26, Feng Xiuzhen and Chen Jupeng agreed to take Chen Chunxiu (the college entrance examination score was 546 points, which was higher than the batch of admission scores of the specialty of the year) as the object of replacement. Give Chen Jupeng. After consulting Shandong University of Technology learned that Chen Chunxiu's admission notice had been issued, Chen Jupeng found Li Chengtao, then deputy director of Guanxian Post Bureau, and lied to get his daughter's admission notice. Essence
(2) Regarding the problem of fake files. After Chen Jupeng obtained the notice of Chen Chunxiu's admission, Feng Xiuzhen used the convenience of the county's enrollment office to distribute the archives of the candidate's archives and handed Chen Chunxiu's file to Chen Jupeng. In order to make the archives -related information consistent with Chen Yanping, Zhang Feng found Cui Jihui, then the principal of the martial arts senior middle school. In training the official seal of senior middle schools, Zhang Feng stamped the official seal of the Yanzhuang Township Government, faked the registration form named Chen Chunxiu, photos and related information for Chen Yanping, and replaced Chen Chunxiu's candidates' files.
(3) Regarding the problem of fake household registration. In August 2004, Zhang Feng's niece daughter was admitted to college but was lost in the household registration. Ren Shukun, the director of the Guizhuang Police Station of the Guanxian Public Security Bureau, issued a certificate of migration of false accounts for Chen Yanping. Chen Chunxiu and the address are the "Household Registration Certificate" in the southeast village of Yanzhuang Township. After graduating from Chen Yanping in July 2007, Chen Jupeng once again found Ren Shukun and asked him to help forge a new household registration. Ren Shukun violated the regulations and reported to the relevant materials as the name of the county public security bureau. Chen Chunxiu's new household registration.
(4) Regarding the issue of enrollment and qualification review. On August 31, 2004, Chen Yanping reported to the School of Economics of Shandong University of Technology. Due to the incomplete materials of the report, Zhang Feng passed the then assistant director Du Yanli, the assistant director of the school's teaching affairs office to help Chen Yanping go through the enrollment procedures. Its identity is substantially reviewed. In mid -September, Shandong Institute of Technology deployed the qualification review of freshmen. The School of Economics arranged for the student department to be responsible for this work. The name of Chen Chunxiu's enrollment was replaced.
(5) Regarding participation in work. In October 2007, Guanxian unified recruitment of staff members (including village assistants), and then Feng Guiqiu, deputy director of the Personnel Dispute Arbitration Office of Guanxian Personnel Bureau, was not strictly closed. Examination and participation in this recruitment test and hired.
(6) Regarding the problems of the relevant personnel in Chen Chunxiu's verification, they had lost their duty and missed their duty. On May 27, 2020, Chen Chunxiu went to the Guanxian County Admissions Office to inquire about his college entrance examination. Zhang Hongchun, a staff member of the Guanxian Admissions Office, still asked him to issue an introduction letter in the village when he met the query conditions. Notice of the General Office on Clean up the Cleanings of Certificate (Lu Zhengyao [2018] No. 146, issued by August 2018) in the "six cancellations" in August 2018. On May 28th, Chen Chunxiu went to the Wan Shan Police Station of the Public Security Bureau of the Guanxian County Public Security Bureau to ask for the finder. The police officers of the police station Zhang Jianxun and Guo Dongyong lost their jobs and failed to find out and compare the reputation personnel in time, causing adverse consequences.
In the above investigation, according to regulations, according to the law, according to law and law:
1. Chen Yanping, violated national laws and regulations, and replaced the academic degree in Shandong University of Technology It has been canceled and its employment contract has been lifted. The public security organs have been investigated and forced measures to investigate their suspected crime issues.
2. Chen Jupeng, in violation of national laws and regulations, the public security organs have filed a case for suspected crime issues and took mandatory measures.
3. Zhang Feng, a four -level investigator of the Standing Committee of the Guanxian County People's Congress, and then the head of the township and party committee of Yanxian County, was suspected of serious disciplinary violations.
4. Feng Xiuzhen, the cadre of the Guanxian Education and Sports Bureau, the president of Guanxian No.1 Middle School, and then the director of the Guanxian Admissions Office, is suspected of serious disciplinary violations.
5. Ren Shukun, the former director of the Yanzhuang Police Station of the Public Security Bureau of Guanxian County, violated national laws and regulations, gave it to the party to dispose of party membership, and reduce retirement treatment.
6. Guo Wei, the household registration police officer of the Yantong Police Station of the Public Security Bureau of Guanxian County, violated national laws and regulations, should be given to the party's post and reduce the job level. Serious warnings and reducing post levels within the party.
7. Cui Ji Club, President of Guanxian Wuxun High School, violated work discipline, should be revoked to the party's duties, because he did not hold the party in the party and retired, and he was given a serious warning to the party. Reduce retirement benefits.
8. Li Chengtao, director of the Liaocheng Branch of China Post Group Co., Ltd., then deputy director of the Guanxian Post Office, violated work discipline, and gives a serious warning to its party.
9. Du Yili, Director of the Network Information Center of Shandong University of Science and Technology, assistant director of the school's teaching affairs office, violated work discipline and integrity discipline, canceled the qualifications for the preparatory party members, and gave it to reduce the job level level Posted.
10. Li Wensen, Deputy Director of the Engineering Training Center of Shandong University of Technology, and then the school chief of the school's school of economics, violated work discipline, should be given to the party's position and reduce the job level. It did not hold the party's duties, and gave its party serious warnings and reducing post -level sanctions.
This on Chen Yanping's replacement, forging files, fake household registration and other issues with direct responsibilities and leadership responsibilities of the Guanxian County People's Congress Standing Committee (then secretary of the party group and director of the Guanxian Education Bureau) He, Wang Junchao, former member of the Party Committee and Deputy Director of the Public Security Bureau of Guanxian County, and other 5; Wang Junchao, including Chen Yanping's enrollment qualification review, and other issues of the Standing Committee of the Shandong University of Technology and vice president (then the party's general branch of the School of Economics of the School of Economics Secretary, Dean) Liu Guohua and other 5 people; the Crown County Human Resources and Social Affairs Bureau members and deputy directors who have direct responsibilities and leadership responsibility for Chen Yanping's recruitment information review are not strict. Deputy Director) Four people including Feng Guiqiu; 5 people such as Zhang Hongchun, a staff member of the Guanxian Admissions Office who had been dismissed by Chen Chunxiu, were checked in Chen Chunxiu.
. The survey and handling of Wang Lili, Dongchangfu District, was replaced by secondary secondary school issues
This, Wang Lili, female, Han nationality, born in July 1978. From September 1998 to July 2001, he studied at the Agricultural Economy of Liaocheng Agricultural School. In 1996, he used the name "Wang Li" to apply for Liaocheng Agricultural School Animal Husbandry and Veterinarian.
The alternative Chen Wei, female, Han nationality, born in June 1978, from October 1996 to July 1999, studying in computer professional in Liaocheng Agricultural School, joining the work in June 2000, 2011 11, 2011 Yueyue is a member of the Party Working Committee of Yan Temple Street, Dongchangfu District, and a member of the Party Working Committee of Liuyuan Street, Dongchangfu District in December 2016.
(1) Regarding the problem of admission. In May 1996, Liaocheng Agricultural School enrolled students with practical experience. Wang Lili signed up for Wang Li's name to participate in the enrollment examination of the school's animal husbandry and veterinary professional practice. The total score of the examination was 312 points, and the unified recruitment score was not reached. After being informed by Chen Bingling, Chen Wei's father, he asked Li Guangyun, the principal of Liaocheng Agricultural School, to help him operate Chen Wei's learning. Li Guangyun used his authority to admit Chen Wei as a professional student in Liaocheng Agricultural School of Liaocheng Agricultural School in violation of regulations. In order to ensure admission, Chen Bingling also asked Feng Mingquan, deputy principal of Liaocheng Agricultural School and deputy secretary of the Party Branch of Liaocheng Agricultural School to help handle the specific matters of admission. Zhou Guanghong, then vice president of Liaocheng Agricultural School, did not strictly review Chen Wei's admission archives in the duties of the new students' "holiday", and failed to find that Chen Wei replaced the school in the name of "Wang Li".
(2) Forgery of household registration. In October 1996, Chen Bingling asked Du Qing, the director of the Public Security Bureau of the Public Security Bureau of the City Public Security Bureau to issue a certificate of migration of false accounts for his daughter. According to the information provided by Chen Bingling, Du Qing falsified the migration certificate called "Wang Li".
(3) About the promotion of the job. In 2011, in the archives review, Sun Qian, the staff of the archives room of the District Human Resources and Social Affairs Bureau, found that the information existing in the archives of Chen Wei was inconsistent, resulting in the failure to deal with the archives issues. In November of the same year, during the inspection of the leadership team of the town (street), Lu Guodong, the leader of the district committee's inspection team, and Jiang Jiansheng, deputy team leader, did not carefully perform the review duties, causing Chen Wei to be promoted and used in serious problems in the archives. Essence
In the above investigation, according to regulations, according to the law and discipline and law, the relevant personnel are handled as follows:
1. Chen Wei, violating national laws and regulations, was expelled from the party in June 2020 and was expelled from the party membership in June 2020 Fleeing public office; public security organs have filed a case for their suspected crime issues and took mandatory measures.
2. Chen Bingling, a resident of Chenzhuang neighborhood committee of Liuyuan Street Office, Dongchang Prefecture, member of the Communist Party of China, violated organizational discipline, concealed serious mistakes before joining the party, and was removed. Investigate and take mandatory measures.
3. Du Qing, director of the Dongchang Prefecture Branch of the City Public Security Bureau, the director of the Police Station, violated national laws and regulations, and gave him a year to see the party for one year and government affairs withdrawal.
4. Li Guangyun, former principal of Liaocheng Agricultural School, was expelled from the party and was expelled from public office in June 1999 for problems such as corruption, bribery, etc., and was sentenced to 13 years in prison in January 2000. Essence
5. Feng Mingquan, the former deputy secretary and vice president of the party general branch of the Liaocheng Agricultural School, violated work discipline, and gave a serious warning to its party.
6. Zhou Guanghong, former vice president of Liaocheng Agricultural School, violated work discipline and gives his party warning.
The deputy minister of the Organization Department of the Dongchang House District Party Committee (then inspection of the archives of the archives in the promotion of Chen Wei's position and the responsibility of the problems of the problems of Wang Lili, which is responsible for the problems of the problems of Wang Lili. Group leader) Lu Guodong and 11 people including party discipline and government affairs were given or organized.
Except for the two names of this notice replacement of school, work classes are conducting investigations reflecting the province's "242 people's reputation replacement of academic qualifications". It has been preliminarily found that the above -mentioned replacement problem occurred between 1999 and 2006. It was mainly that those who were replaced by the names were completely unknown to be replaced. There are trading behaviors such as transactions with the substitutes. In the next step, the work class will organize the special forces of the provinces, cities and counties, investigate and deal with the above problems one by one. At the same time, other similar issues that are found in the work and other similar problems reported, insist on the attitude of zero tolerance, verify and deal with them together. Don't be able to do it.
This on the problem of being replaced by Gou Jing in Rencheng District, Jining City. The work classes are conducting investigations with Jining City. The results of the investigation will be announced to the society in a timely manner.
The reasonable demands of the reputation involved, the work classes will urge relevant departments to study carefully, help solve practical problems, and maximize their legitimate rights and interests.
June 29, 2020
It is indeed a lifelong life for others to go to college. Due to his selfishness, he delayed the behavior of others.
The amendments to the Criminal Law (11) Draft for the second draft of the draft shall be submitted to the meeting of the Standing Committee of the National People's Congress on the 13th. In specific circumstances, the special procedure will be reduced to the legal minimum criminal liability age to 12 years old to 12 years old. Essence In addition, the amendments to the Criminal Law (11th) Draft for the second review of the draft also increased the regulations. It will be stolen and used as a higher education enrollment qualification for higher education education, the qualification qualifications of civil servants, and employment resettlement benefits. At the same time, if the organization and instructing others shall be implemented, it will be punished.
The previous replacement incident was not guilty of independence, but according to Article 280, paragraph 1 of the Criminal Law: Anti -name is suspected of "forging, altering, trading or theft, robbing, destroying the country, The official documents, documents, and seal of the organs should be sentenced to less than 3 years in prison, detention, control or deprivation of political rights; if the circumstances are serious, they will be imprisoned for 3 years and 10 years. "The Luo Caixia incident must also understand that the fake replaid father was sentenced to two years in prison for fake national organs, and was punished with bribery.
In addition, the act of replacing others to college also invades the right to infringe on the name of others, the right to educate, and other related rights. Wait for the replacement of the names, cancel the student status.
The act of illegal behavior that has seriously affected normal public order and management activities.
Countless people for life. This kind of stolen beam and pillars are very harsh, and it is easy to cause physical and mental injuries to the alternative. The shadow is lingering for a long time.
I. Foreword
Recently, Shandong Chen Chunxiu, Gou Jing, and others were rushed to the college entrance examination and continued to ferment the college incident, which touched everyone's nerves and offending the public's simple emotions. The media also reported that from 2018 to 2019, there were 14 universities in Shandong, and 273 people were announced in the investigation; 242 of them were allegedly replaced by their names, and none of them had objections.
In this report, public opinion in the world was uproar. Isn't such a "chicken and dog stolen" in the hometown of Confucius and Mencius? Most people in the world are interpreted from the visuals of the employment of examinations and the vision of the public. It has rarely analyzed from the perspective of criminal law from the perspective of criminal law. As a criminal lawyer who focuses on fraud crimes, the author is willing to analyze the issue of "coming to college" from the perspective of criminal law for your reference.
. Does "Radio Name to College" constitute a crime of fraud?
If according to the provisions of the Criminal Law, fraud refers to the behavior of the actor for illegal possession, fictional facts, concealing the truth, and deceiving public and private property (or property benefits), with a large amount of larger amount. The objective logic structure of the crime of fraud is: performers performed fraud → Others' behaviors of others due to fraud or continuing to maintain errors → Other people implement the property (or delivery) property → the actor obtain or enables the third party to get property → the victim Under property loss. Those who do not meet the objective logic structure do not constitute a crime of fraud.
It specific to this case, first of all, the perpetrator is a deception of "fictional facts, concealing the truth" to fake a lot of documents such as admission permit, ID card, and hukou. Essence
Secondly, Chen Chunxiu, Gou Jing and others were unknowingly "replaced" in college. Even if the "victim" had an error, he thought he had fallen on the list, but Chen Chunxiu, Gou Jing and others also also also also No disposal actions are made because of this (let alone the act of acting property).
again, "victims" Chen Chunxiu, Gou Jing and others did not suffer property losses directly (see later discussions). What is directly lost is the right to qualifications for college and higher education.
Therefore, the behavior of "ingening and replacing" university does not conform to the objective logical structure of fraud, and it is impossible to use fraud.
In addition to the crime of fraud requiring the actor to have fictional facts and conceal the truth, the crime of deception must also be required to be a public private property or property interest. Specifically, Chen Chunxiu, Gou Jing and others were named up to be named for college entrance examinations. The actors directly infringed the higher education rights of Chen Chunxiu, Gou Jing and others, and the employment rights after graduating from university. Although these rights are closely related to property rights (property) For example, good employment and good jobs will bring a significant increase in property income, but this is an indirect correlation after all, and it has certain uncertainty. In the criminal law, only the deception of the property interest directly infringing on the property interests of the parties can be included in the constituent elements of fraud. Therefore, from the perspective of infringement, the behavior of "coming to university" cannot be identified as fraud or theft behaviors in the sense of criminal law.
It also, the crime of fraud also requires the actor to subjectively have the purpose of illegal possession, that is, excluding owners and permanently regarding the property of others as their own. Sexual interests. As mentioned earlier, the subjective purpose of the perpetrator is to obtain the qualifications of others to go to college and seek the opportunity of higher education by others. And these cannot be directly quantified into property. Although the interests of infringement are even more important than property, they cannot evaluate it as fraud in criminal law, and they cannot identify it as fraud.
3. Does "Rest on Name to College" constitute the crime of theft?
If forgery and replacement of the university on the name of fake certificates and replace the deception is a "fictional facts, concealing the truth" to deceive, then the "ingenious replacement" party stole the "victim" party to approve, ID card, household registration information, and household registration information. The behavior of adjusting packages and top schools is completely secret for "victims" Chen Chunxiu, Gou Jing and others, and they are unknown. In addition, from the perspective of "victims" did not discipline property based on errors, this seems to be more in line with the characteristics of the "secret theft" of theft. Therefore, some people joked that this behavior was a kind of "chicken -shaking dog stolen" and "mouse stealing dogs" behavior.
. As mentioned earlier, the object that theft requested the violation in the criminal law must be property or property interests, but the actor of this case obtains the qualifications of others to go to college, and seek the opportunity to be highly educated by others. And these cannot be directly quantified into property, so they cannot evaluate it as theft in criminal law, and they cannot identify it as the crime of theft.
. Does "Raise Name and Sub -College" constitute a crime of instead of examinations?
In 2015, the Criminal Law Amendment (9) will officially "replace others or let others take the national examinations that it is required by themselves" to replace the test crime. Here, the national test includes the college entrance examination. Many people believe that the behavior of being famous for his name can be pursued by this crime.
but the objective performance of "ingening and replacing college" is completely different from hiring the "Gunner" and "Exam". "Gunners" cheated in the exam. However, from the perspective of social harm, the social harm seems to be even greater, but it is regrettable that when the legislative principle of criminal law is not modified, it is impossible Examination.
5. How does "" qualitative?
The behavior of "ingening and replacing college", on the surface, it seems that the sky is seamless and cannot be made by criminal theory. However, according to media reports, if you want to replace college success, the party must be faked in terms of admission tickets, ID cards, etc. According to the provisions of Article 280 of the Criminal Law, forgery and altering resident ID cards to forge, forgery, and forgery, forgery, and forgery, in order to forge, and forgery, in order to forge, and forgery, in order to forge, to forge, to forge, to forge, and Set the crime of resident identity. In other words, as long as the perpetrators have implemented the behavior of fake resident ID cards, in principle, the crime of fake resident ID cards is significantly mild and harmful, but this case does not exist. Criminal liability for filing the case.
The timeliness of prosecution is a controversial issue in this case. Initially, many of the incidents that were replaced occurred ten years ago, and the prosecution time of criminal law had been passed. However, in addition to the "replacement" behavior, in addition to going to college, the perpetrator also uses the identity of the replacement for work and employment. The "victim" is seriously inconvenient in terms of bank loans.
In this shows that the French Open is restored and sparse without leakage. The behavior of "taking the name to the university" can be held criminally responsible for the crime of falsifying the resident ID card. In the operation session of the "Optical Exchange of College", if there is a criminal act of malfeasance of the staff of the state organs, the corresponding criminal responsibility may also be investigated in accordance with the law.
I think this behavior is indeed a kind of behavior of mistakes, because this behavior not only delay time for those who are admitted to college, but also have completely changed the trajectory of life.