Problem description:
1 male 14-year-old Wu moumou's father likes to gamble on good wine. After losing money in gambling, Zhang was beaten in front of him. Wu Mou's young mind sowed the seeds of hatred for his father. In order to protect his mother, Wu Mou vowed to teach his father a lesson. One day in 2003, after losing money in gambling, Wu went home to drink. Because of Zhang's persuasion, Wu Moumou beat Zhang again. That night, while Wu was sleeping, he picked up a hammer and slammed it on Wu's head, killing him on the spot. He asked: Should he bear criminal responsibility for killing his father Wu? Why?
When Tian bought washing powder in a department store, he gave the shop assistant 10 yuan 2 yuan for each bag of washing powder, but the shop assistant got the change from 98 yuan and 90 yuan. Afterwards, the clerk found him and asked him to return the extra 90 yuan. Tian said that if you offered me 90 yuan, I wouldn't have to give it to you. Q: Does Tian make sense? Why?
Analysis:
Wu Mou should bear criminal responsibility, because he has reached the age of 14, subjectively and intentionally killed Wu Mou, and objectively committed the act that led to Wu Mou's death! But because he is under the age of 18, the death penalty will not be applied when sentencing!
China's "Criminal Law" adopts the four-point method to stipulate the age of criminal responsibility.
1? There is absolutely no age of criminal responsibility, that is, people under 14 are not criminally responsible for any crime.
? 2? A person of relative criminal responsibility age, that is, over 14 and under 16, commits the crimes of intentional homicide, intentional injury causing serious injury or death, * * *, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility. In addition to the above charges, those who are under the age of 16 and have not been subjected to criminal punishment shall be ordered to be disciplined by their parents or guardians, and may be taken into custody by * * * if necessary.
? 3? The age of criminal responsibility should be lowered, that is, people who have reached the age of 14 but under the age of 18 commit crimes, and the punishment should be lighter or mitigated.
? 4? People who have reached the age of full criminal responsibility, that is, 16 years old, will bear criminal responsibility for committing any crime. However, the death penalty is not applicable to those who are under the age of 18 at the time of committing the crime.
What Tian said certainly doesn't make sense, because this ninety dollars belongs to unjust enrichment!
The legal basis is as follows:
(A) the payment of unjust enrichment
The unjust enrichment of payment refers to the unjust enrichment caused by the lack of payment purpose when the beneficiary accepts the property or interests transferred by others based on the payment behavior. This lack of payment purpose can be that there is no payment purpose at the beginning, or that the payment purpose does not exist later, or that the payment purpose is invalid.
1. Lack of payment purpose from the beginning. It refers to the reasons for not paying when paying, and the most typical ones are the failure, invalidity or cancellation of unpaid debts and payment reasons.
In the following cases, although there is no reason for payment, the establishment of unjust enrichment is still ruled out:
(1) Pay for fulfilling moral obligations.
(2) Pay off outstanding debts.
(3) knowing that there is no debt.
(4) Payment for illegal reasons.
The purpose of payment no longer exists. It means that although there is a legal reason for payment, the reason no longer exists and unjust enrichment occurs because of one party's payment.
3. The purpose of payment has not been achieved. It means to pay for a certain purpose in the future, but due to various obstacles, the purpose of payment cannot be expressed according to the meaning of payment, and the acceptance of payment lacks the legitimacy of safeguarding the interests of payment, which constitutes unjust enrichment.
(b) Ill-gotten gains from non-payment
Unjust enrichment without payment refers to unjust enrichment based on reasons other than payment, including human behavior, natural events and legal provisions.
1. Based on beneficiary's behavior. The unjust enrichment based on the beneficiary's behavior mainly refers to the unjust enrichment that infringes on the rights and interests of others, and the beneficiary's behavior can be a factual behavior. It can also be a legal act.
(1) has no right to dispose of other people's things.
(2) Have no right to use or consume other people's things.
(3) Renting or subletting other people's articles without authorization.
(4) Infringement of intellectual property rights or personality rights of others.
2. Based on the behavior of the injured. The most typical example of this unjust enrichment is that the victim pays for other people's things, such as raising other people's livestock for his own livestock and meddling in other people's affairs for his own business.
3. Behavior based on a third party. The unjust enrichment based on the behavior of the third party mainly includes: the debt pays off the quasi-possessor of the creditor's rights (the holder of the creditor's rights certificate), which makes the creditor's rights disappear and makes the real creditor suffer losses; Before the assignor of the creditor's rights is notified of the assignment, the debtor pays off the creditor's rights to the assignor, thus causing damage to the assignee of the creditor's rights; The third person gave A's fertilizer to B's field, and so on.
4. According to the law. Unjust enrichment based on legal provisions means that when a certain fact or behavior occurs, the law directly stipulates the effect of a certain enrichment without asking the parties' meaning.
5. Event-based.