The newspaper news (reporter Mu Yi correspondent Liu Song) Yang at a market stall,Adidas Basket män Skor, as he sold a bracelet to fade by the buyer come on get desperation compensation, Yang will alarm call buyer Wang drug trafficking. After the police investigation, Yang framed Wang process surface.Yang, this year 34 years old, in the United States of Chaoyang District flea market sets up a stall selling jewelry.The end of year 3, Wang Mou with the price of 15 yuan from Yang's stall to buy a ring and a bracelet, bracelet after King found a fade. In April 30th, Wang took the faded bracelet to Yang booth find Yang theory, both after the words are not to move a hand to come, Wang was Yang and his girlfriend wounded, after the police arrived on the scene to mediate, Wang Yang agreed to pay 2000 yuan. Yang after going back, the more I get desperation not taste, he decided to use the money for revenge wang.Yang Mousui bought 2.2 grams of methamphetamine, and in May 5th to the public security authorities said that Wang drug trafficking, is willing to cooperate with the public security organs to capture wang. Subsequently, yang to the king a call that compensation has been prepared, and please Wang May 9th to their stalls.In May 9th, the public security organ dispatched 6 plainclothes police lay in ambush Yang stalls around live in a drum, Wang came to the money, Wang Mougang counted the money, yang to police issued the completion of the transaction code, the police rushed to the king to capture, Yang from his own pocket opens with toilet paper wrapped drug to give the police, said is a sale to their king.

the ,Mbt sko butikk stick a knife to catch up with the police, a river, riding a motorcycle hit a police vehicle to force the Police Association, the Public Security Bureau hospital vexatious the Ledong 10 men hinder official jailed reported hearing heard that someone to fight, ledong hold by dozens of people in the town of Sun Life village committees Tang Yuanbiao handheld Daogun, stone, ready to fight, and heard about the police malicious siege, the three Police Association to catch up to Changhua riverside, and impact Ledong County Public Security Bureau, Public Security Bureau of the compound vexatious. Recently, the court to the crime of obstructing ledong sentenced to prison terms ranging from one year and ten months by the Tang Yuanbiao etc. 10. Han Jiandong Reporter dozens of young people armed with Daogun, stone, etc. For fighting 28 days at June 2010 Xu was drinking the supper ledong hold heard by the town of Sun Life villagers Tangyuan Biao and other people, hold by the youth of the village of Sun Life Village fights, then drink with Tang Ruixiang, Kat a life of dozens of young, hand-held Daogun, stones and other weapons gathered at Sun Life bridge bridge, waiting to hold the same by the village youth to fight. the received a people's report, the Music City police station and the Police Association 5 arrived on the scene and advised the Tangyuan Biao and other people put down the weapon home, but the Tangyuan Biao and other people do not listen to. Subsequently, deputy director of the Music City police station Xingmou driving the police car arrived on the scene requirements Tang Yuanbiao and other people left the scene, the Tangyuan Biao and other people not only do not listen, but also the threat of police armed with knives, sticks, stones and so on, and threatened to fight the police and Lee, Lin Zhang, three co-Police catch up to the Changhua riverside. In the end, the Police Association just to get out into the river to the other side of a river tour. , deputy director of the police station twice fired warning shots invalid during deputy director Xingmou also been chasing. To this end, he fired warning shots, but Tang Yuanbiao such as population shouting threatening situations, Xingmou to run ahead of the suspects opened fire to stop, the results hit a suspect left palm and the lower abdomen. However, Tang Yuanbiao, who has not been deter still to catch up with the police on duty in the post-ride a motorcycle light hit the police car until the police on duty to catch ledong Public Security Bureau office, and in the office around to look for the Music City police station duty police. Did not find the police on duty, the number of people in the Public Security Bureau of the compound causing trouble. Ten men found guilty of prejudice to public service has been sentenced Ledong County Public Security Bureau heard the news rushed to the scene, the wounded suspect Tang sent to hospital for treatment, and advised the Tangyuan Biao and other people left, but the Tangyuan Biao and other people still do not listen to advice. Subsequently, police officers will take the lead in trouble Tangyuan Biao and other people arrested. August 5, 2010 the, Tangyuan Biao, who was approved the arrest. December 24, 2010, the procuratorate ledong obstructing crimes will the Tangyuan Biao, Ji a life sued ledong the court. the court that: The Tang Yuanbiao 10 to the method of the threat of violence to hinder the police officers carrying out public duties, his acts constitute the crime of obstructing. Ultimately, the court the Tangyuan Biao and other 10 suspects made the decision. welcome to comment I would like to microblogging Recommended | hot microblogging today (edit: SN026)

Yang Changli is in the hospital after the accident, the face of the seriously wounded badly mutilated, the driver gets off a glance, calmly said "sorry", and turned into pounded the throttle run.Yesterday, in Chongqing Red Chamber Hospital and surgical ward, Jiangjin Jia Sizhen at the age of 48, Yang Changli looked to be thickly wrapped in gauze and leg, full of fear and insecurity. If the right leg function damage, his future life will produce tremendous change.Auto racing car accident caused Yang Changli recalls, 18 day at around 7 a.m., he and village village Lai ride a motorcycle to Banan District section of the town of market. At a bend, an oncoming car blue from vehicle, because the speed is too fast, collide over, oneself into the sky after flying.Yang Changli said, he soon regained consciousness, found himself in isolated Alto car and two or three meters Road, Lai also fell on the ground kept moaning, legs bleeding. Let him feel fear is, without their own perception of the right front leg badly mutilated, breaking the resting on the thigh.The driver you say "sorry" Yang Changli said, then, alto car driver, a 30 years old male had got off come, with hands shook his broken leg, very calm and said quietly, "sorry". "Call 120, take us to the hospital."Yang Changli and the other wounded people anxiously pleading."Wait, I put the front turn, take you to the hospital."Yang Changli says, in the U.S. for gospel truth, did not think of Alto car driver, slammed the door, pounded the foot throttle, swiftly disappeared. "Then all great confusion, no time to write down his license plate."Said Yang Changli, near the village seeing this,adidas superstar, immediately to ride a motorcycle to catch up, but as a result of auto drive too fast, or no catch. Subsequently, 120 ambulances rushed to the local hospital, Yang Changli because of the seriously injured, he was transferred to a hospital emergency.Later, an hour hand and foot surgery amputation red hospital director Kong Qinghou yesterday about eleven thirty, day, Yang Changli was sent to the hospital. After examination, patients with right leg knee joint under severe bruises, right front leg only a skin attached, belonging to a serious rupture, tendon, nerve, blood vessel rupture.The doctors feel anxious is, broken limbs from injury in 4 ~ 6 hours is the optimal operation time, and Yang Changli to the hospital, from the time of injury has more than 4 hours, and 1 hours later there is risk of limb amputation. Finally, after more than 9 hours of intense operation, for the success of saved by Yang Changli right leg.Kong Qinghou said, because it is too serious, Yang Changli's right leg after rehabilitation, will leave a visible movement dysfunction and sequelae. Yesterday, the Chongqing evening news from the Jiangjin police department was informed that, after days of investigation, has found the vehicle, but the driver hides the car license, the case is under further investigation.

WASHINGTON ( the king Zhuoqun Tan Huaqing ) during the Spring Festival , a 5th , the Wusong police accepted a Upon inquiry , the girls information are not married . Police asked the girl admitted that there was no board qualifying round , but the Acacia eager , she and her crew her boyfriend together through an online seller ,chaussures adidas sneakers, buy a marriage certificate . Verified, the border police to the girl and her boyfriend of education , she made ​​a punishment forbidden to do boarding card and suggested that the two men on land to spend New Year .

Wang Mou is suspected of the crime of intentional homicide, have recently been lawfully arrested New Express (micro-blog) news reporter Huang Qiong correspondent Lu Dongnian Wei Huasheng reported by grandmother scold, young girls fury kills him, his wrists after attempted Dutch act, taking home 50000 yuan in cash and set fire to the house, house door locked fled the scene, almost paralyzed grandpa flames burn trapped. A few days ago, the human tragedy makers girl Wang on suspicion of intentional homicide, were Huadu District Procuratorate approved the arrests.Dissatisfied with the grandma about homicide investigation, Wang Mou is only 15 years old this year, is a junior high school students in the third grade, divorced parents, each formed a family, Wang was with grandpa and grandma lives in the countryside. January 28th, 18 PM, after dinner, my grandmother also started to nag, scold Wang did not work, the two men quarreled.She was angry, for Wang cursed with play, King angrily him to the ground, she fell to the ground crying for help, Wang took a towel to cover their mouth. .....But the grandmother's struggle to stop cursing the king, he picked up a glass bottle to the head knocking, and clothes bag on its head to its abuse......Soon, Wang to see grandma does not move, was very afraid, so cut Dutch act, but the attempt. The mind is very confused. Wang is very regret, thought should not kill grandma, blame themselves too impulsive.Thereafter, Wang go to grandma's room opened the closet to find out a lot of money, I go to the kitchen to hold some grasses, with a cigarette lighter to burn money and wardrobe. The fire had burned, Wang was afraid, and into the well played several barrels of water will pour out the fire, but there is still a great smoky.Wang threw the remaining 56220 yuan in cash and other articles after installed, will house living room door and two door is locked, and then to the roof,Billige Adidas Sko, from the top of the building directly across to a neighbour's house building to escape the scene. The spirit of no abnormal luckily neighbors find fire in time, and the kick to open the door, Wang grandpa saved.The village after the warning, police and firefighters rushed to the scene to dispose of, the fire can be extinguished. After the incident, the police quickly to investigate, through the survey, found Wang Mouyou a major crime suspects.The next day at the time, Wang Xinhua street a hotel to hide a day later and arrested by the police. The forensic autopsy and identification, grandma line was compression induced by neck mechanical asphyxia.The guilty suspect Wang Mou by forensic psychiatric appraisal was no mental disorders, with full capacity of criminal responsibility. According to Wang Mou to explain, he is her hand, but usually grandmother always said in front of her money, therefore downgrade grandma.According to Wang, the teachers and students to reflect, Wang Mouping didn't say much, but a very good grades, liberal arts particularly well, with friends a good relationship, to a good friend.

Money turtle price expensive, like a newly hatched near the small turtle, need 23000 yuan to buy.The thief stealing turtle.The Lianjiang farmers 28 value about 4000000 yuan money turtle were criminals ransacked the police investigation currently not involved in the newspaper Zhanjiang news (reporter Guan Jiayu photo coverage) the reporter learns yesterday, Lianjiang City, north of the city of Lianjiang district recently occurred a gangster knife a crazy looting money turtle farms in the case, the woman beaten, tied and the sealing away the value of about 4000000 yuan, 28 money turtle, quickly took off to the side of the road a responsible for the get-away car escapes in a flurry. After the incident, Lianjiang, Zhanjiang two police quickly arrived at the scene, and deploy police station, traffic police and other blocked traffic containment gangsters, but without success.As of yesterday, when distributing news dispatches, this case still is in attention to the detection, but no suspects were arrested. The gangsters "efficiency". The morning of December 31, 2010,Nike talon haut, the site is located in Lianjiang City, north of the city of Lianjiang street in a road.According to the victim Ms. Zheng, she started in 1995 money turtle breeding. "Last year I loan, hundreds of thousands of dollars for raising money turtle, the recovered money turtle, a total of 28, the average weight of 4 kg, a male chelonian 8 (each worth 200000 ~ 600000 yuan), 20 (females only every 100000 ~ 150000 yuan), the total value of about about 4000000 yuan. "Zheng said.According to introduction, the morning about nine fifty, Ms. Zheng from the market to buy food back to the door, took the key used to open a door, after the bicycle advance house, "several trailing in gangster from behind me desperately to indoor sliding, one of the bandits immediately rushed down my neck, then, the gangsters and the other a few partner together with sealing glue to seal up my mouth, knife threat and I a cuff and kick, then used a rope to tie my feet and hands tied. "Zheng said, who will she bundled and carried into a floor of the bathroom, then rushed up the stairs of the money turtle farms were looted, "about 10 minutes later, I heard the rushing down from the upstairs walk footsteps. ....."Money turtle with two large bags according to a nearby masses, the day they had seen the carrying heavy two large fiber bags, to the scene about 100 meters apart outer lip River crossing direction, after sitting on a black car escapes in a flurry. The people said, on the bus, which one money turtle from the bag fell to the ground, the ground will be picked up after seeing rapidly from money turtle, in a bag......Allegedly, Zheng was sealed, bundling and thrown into the bathroom, has been forced to struggle, morning about ten fourteen, after the struggle, finally off hands Ms. Zheng immediately call the husband.About ten sixteen in the morning, is a resort near Lian City busy Ms. Zheng husband after hearing the news, immediately report to the police and to get home.After a few minutes, the area north of the city police station also arrived, and the investigation. At the same time, the Lianjiang police rapid deployment of police, the traffic thoroughfare to contain the blockade.Soon, Zhanjiang city police department after receiving the report also rushed to the Lianjiang police, and with exploration and research. It is reported, this case has been cited Lianjiang, Zhanjiang two police attach great importance to the leadership, it has set up a team to solve.As of last night time, no suspects arrested news.(source: Mr.

Financial cases a number of legal issues (1) the of high-Min Shang, the Supreme People's Court 2006-6-12 People's Court News Editor's note: trust management case law applicable in the judicial The practice is more prominent. Local courts generally reflect the nature of the trust management contract, the contract and the terms of effectiveness, accountability, and regulatory responsibility and ownership of assets in the account is difficult to grasp. Supreme People's Court, although in 2001, officially approved the drafting of judicial interpretation on the application of the trust management law, but the theory and practice of community differences on major issues and the relevant authorities in the further development and refinement of the relevant rules and regulations, the judicial explain the draft is still in to continue the demonstration phase. significance. Are three phases to be published for our readers. trust management class since 2003 throughout the country Court accepted contract disputes (hereinafter referred to as the trust management of cases) increased significantly. Such cases involving the legal relationship is more complex, involving a huge social impact of a wide range of trial practice in general face many difficult law applies mainly qualitative trust management contract, commission finds that the effectiveness of the financial validity of the contract and the terms of the guarantee contract invalid accountability, legal status and legal responsibility of the supervisor, commissioned by the assets in the financial account ownership identified and the nature of the pledge of securities brokerage account and effectiveness. For these problems, both theoretical circles or practitioners are there is a big debate. Unite in a theoretical debate and practice in the vague understanding, resulting in trial practice in the handling of trust management case is different, to some extent, affected the seriousness and unity in such cases the referee standards. Differ materially from the legal effect caused by light of different views, it is necessary for trust management case to a number of difficult legal issues in detail to explore and be necessary to clarify the referee scale in order to unify and make due efforts to promote judicial justice. to hear the guiding principles of trust management contract disputes People's Court in the trial of the trust management cases should be mainly the following four guiding principles: First the principle of balancing of interests. Trust management is the equality between the civil subject of civil and commercial behavior, and should always carry out the civil law principle of fairness in the case to ensure procedural fairness and substantive fair, avoid civil liability bear Jiqingjizhong. In particular, consideration should be given the problem of asymmetric information, capital, technology among small investors and large financial institutions and investment institutions, fair and reasonable allocation of the burden of proof and civil liability. Second, the principle of stable financial order. According to the agreement between the main features of the current trust management and the parties, proceeding from the interests in the balance between the parties to rely on the basic principles and spirit of the Civil and Commercial Law, the spirit of regulating financial markets and prevent financial risks and maintain financial stability, promote The purpose of the financial market development, fairly and safely resolve the dispute, to avoid a negative impact on financial markets. Third, the principle of overall planning. Should fully consider the public policy of the Finance Act, pay attention to the use of the application of law and policy, the organic combination of legal and social effects, the course of justice and judicial efficiency, procedural fairness and substantive justice, to avoid the mechanical application of the law. In pursuit of the concept of the autonomy of private law, rights-based equal protection of the Civil and Commercial Law at the same time, there should be a balance between national economic policies, financial market regulation and social impact of such factors as the final balance and defuse social conflict of interest. Fourth, focus on the principle of mediation. Practice has proved that, due to the trust management case is usually not a party to separate the parties at fault, but mostly due to changes in market trends triggered, so the contradictions and disputes are not irreconcilable. Generally speaking, as long as the parties recognize the features of the rules of financial transactions and trust management capital loss reasons, should pursue the litigation is expected, they would not stubbornly adhere to the contract. In view of the trial judge of the civil and commercial matters should be sufficient knowledge, skills and patience as far as possible litigation mediation mechanism to resolve disputes. entrust financial legal nature and legal proceedings (a) trust management case the legal feature commissioned financial cases because the trustor and trustee agreed , the principal of its funds, securities and other financial assets entrusted to the trustee, within a certain period of time by the trustee in the management, investment in securities, futures and other financial markets and on schedule to pay the principal of a certain percentage of income asset management activities triggered by contract disputes. Trust management cases belong to a financial dispute cases, and four of its legal characteristics: First, in the investment field, usually invest in financial assets of the securities, government bonds class, futures asset class, and securities, bonds, futures market in the field of trust management behavior and lead to disputes. Trust management contract disputes, the parties caused by non-financial assets entrusted investment management fund contract dispute between the raised funds share holders and fund managers, fund custodians, and equity arising from direct investment in setting up a company litigation, not this column. the Second, the main aspects of the contract, usually due to securities companies, futures companies, trust investment companies, investment advisory firm, various investment management companies, financial management studio, with limited liability as well as natural as the trustee trust management dispute cases caused by the people's trust management activities. Signed by the depositors and commercial banks and their branches has commissioned a financial nature, savings contract dispute, signed by the insured and the insurance companies and their branches commissioned by the financial nature of the insurance contract disputes, not in this column. Third, in the contents of the contract, the trust management contract or supplemental agreement is usually entered into the income provisions of the guarantee; but in practice there are a lot does not enter into the terms of the guarantee but the entrusted assets to be diverted with the trustee, securities The company disputes in cases of trust management. Fourth, in dispute the causes, usually entrusted funds suffered losses caused by the surplus allocation trust management disputes. (b) the legal nature of the trust management of cases, the type of case and the legal, applicable legal nature of the trust management. On the legal nature of the trust management, regardless of the theoretical circles or community of practice are considerable differences. The biggest difference is: trust management agency relationship or fiduciary relationship? I tend to think that the legal nature of the trust management should be located in the principal-agent relationship. The two main reasons: First, in practice the vast majority of the trust management more in line with the characteristics of principal-agent legal relationship. Commissioned by the financial management of the main components is the principal by the commission contract entered into with the trustee by the trustee on behalf of the securities, futures, bond market assets under management, in line with the characteristics of the General Principles of Civil Law and Contract Law under the law of principal-agent relationship . In addition, the commission contract is usually granted to the trustee the discretion of the stock, futures trading varieties and the rights of way, it is mostly discretionary agent behavior. Second, the vast majority of the trust management behavior and trust behavior constitutes a far cry from the. In trust behavior in accordance with the provisions of the Trust Act and related regulations, ownership of trust property should be transferred to the trustee, the trustee should be engaged in fiduciary acts in its own name, the client may not participate or intervene in specific business activities of the trustee, trust property and other property separation, the trustee shall be approved by the People's Bank Trust have the statutory qualifications, and should trust registration. Trust management practice, involved trustees and their fiduciary behavior mostly do not have the above conditions, and trust management for the Trust Law, the provisions of the Trust acts involving regulatory approval qualification of Trust, trust in the trust management activities such as the qualification series of questions, it is not appropriate to the trust management characterized as the behavior of the Trust. 2, the type of trust management cases, the cause of action and application of law. In view of the parties to the contract-like state many, the agency relationship is not yet completely covered by the reality of the type of trust management disputes, leading to all kinds of name of the trust management contract, along with a variety of cause of action established by the court seised. Trust management contract, for example, is usually known as the stock trading agency disputes the return of unjust enrichment dispute This resulted in the cause of action lack the level and accuracy, a serious impact on the scientific qualitative in such cases. To this end, I believe that the people's court should be based on the type of legal relationship of trust management case, in accordance with the Supreme People's Court on Printing and Distributing on the Court of First Instance 'according to the prosecution of the parties to determine cause of action does not match the legal relationship of the legal relationship of the parties indicted v. contention between the parties closed the court to identify the actual existence of the legal relationship as the basis to determine the cause of action tentative and subject matter of the specific trial in the cases of the trust management process, to further differentiate the different rights and obligations agreed to define the legal relationship and to determine the cause of action. Specifically: the (1) trust management contract dispute cases. The parties agreed in the contract, the principal open capital account and stock account in his own name, commissioned by the trustee engaged in investment management; the client directly to the funds delivered to the trustee by the trustee in his own name or in fact borrowed The name of another person engaged in investment management, should be identified for the two sides set up a trust management contract, and trust management contract disputes to determine the cause of action. (2) commissioned by the regulatory contract cases. Securities companies, futures companies, or its affiliates to accept the trust management contract of the parties or assets of clients commissioned commitment to supervision and management of entrusted assets and trading account, the establishment of the relationship of the authorizing regulatory contract should be identified and commissioned by the regulatory contract disputes, OK cause of action. in a trust management contract cases and entrusted supervision of contract cases, in the application of law should follow the following ideas: First, the basic laws of the General Principles of Civil Law, Contract Law, Civil and Commercial Matters applicable as a legal basis. Secondly, looking for the securities, futures trading rules from the Securities Law, Provisional Regulations on Administration of Futures Trading and other financial laws and regulations, as a basis for the disposition of cases. Again, reference to the relevant business qualification from the financial administrative regulations formulated by the China Securities Regulatory Commission and other financial regulators prohibited transaction behavior provides reference for the as deciding a case. Such point of reference include: China Securities Regulatory Commission Securities Commission [2001] No. 265 on the investment management business of regulating the securities company is entrusted institutions SFC word [2003] No. 107 business-related issues notice Finally, for the specific cases of difficult new legal issues, should be combined with the country's macroeconomic and financial policies, the integrated use of trust management principle of case to Civil and Commercial Law of the basic principles, principles and legal hermeneutics to be analysis and processing. (3) the loan contract disputes. Parties agreed in the contract, the principal assets to the trustee for investment management, trustee gains and losses are guaranteed regardless of the client to obtain the return of a fixed principal and interest, the excess investment income are owned by the trustee (ie, agreed to guarantee principal and interest terms of the fixed rate of return) are called trust management, in fact, lending relationships, (4) the partnership agreement disputes. The parties expressly agreed in the contract, the principal assets entrusted to the trustee, the trustee to provide professional financial services, both sides benefit-sharing, risk sharing, should be recognized the two sides set up a trust management contract for the manifestation of the partnership, a partnership agreement dispute to determine the cause of action, and applies to the (5) Trust and contract disputes. In the trust management contract practice, if the contract client entrusting their assets to the trustee, be managed by the Trustee in accordance with the intentions of the trustor and the trustee in his own name, commissioned by the inherent assets of the assets and client assets and the trustee separated from each other in order to gain the designated beneficiary of the principal or the principal, and the trustee have the statutory qualifications such as trust and investment institutions trust under the law of the trust acts Elements, should be recognized that the establishment of a trust contract between and to the trust contract dispute to determine the cause of action, and the applicable trust law and related laws, administrative regulations and judicial interpretation of the provisions. view of the trust management of judicial practice to entrust the management contract disputes and commissioned a regulatory dispute was the most common type, therefore, the author of the study will focus on the analysis and processing of the two types of contract disputes commenced. (c) under the jurisdiction of the trust management of cases and the parties to determine 1, the jurisdiction of the case. Jurisdictional issues, the trust management of cases is more prominent issue in the trial practice. Trust management is an investment management activities in the securities, futures and other financial markets and financial markets is not a geographical concept, trust management transactions is difficult to determine an objective existence of the specific place of performance; especially the more complex trust management cases throughout the court different standards of justice, led to judge the performance of the contract or the infringement is more difficult; In addition, trial practice usually the residence of the securities, futures and other financial institutions recognized as contract performance, and trust management cases the defendant is more than for securities companies, futures companies and other financial institutions,nike shox skor, their homes with the performance of the contract occurred coincident. To this end, we believe that the trust management cases to the plaintiff on the defendant as a general principle (the domicile of the defendant is not limited to the agency's headquarters is located), appropriate to require the performance of the contract, tort cases under the jurisdiction of the court; defendant by several persons, the plaintiff can choose one where the defendant sued; parties may agree that the dispute settlement under the jurisdiction of the court, but should be limited to the scope of the provisions of Article 25 of the Civil Procedure Law. , the parties to determine. Commissioned financial multi-party cases involving the trustor, trustee, custodian, compared to other contractual relationship, more likely to produce the majority status of the parties to litigation. The purpose of civil litigation proceeding in order to facilitate the people's court to find out the facts of the case and one-time settlement of disputes, to prevent the parties to circumvent the law, a better balance between the interests of the parties, we believe that based on the specific circumstances of the case to determine a party. Specifically: (1) client trust management contract and commissioned by the regulatory contract to the trustee and regulatory proceedings of the two cases heard, and the trustees and the supervisor as a co-defendant. (2) of the principal branches trustee for the defendant lawsuit, a legal person of the branch as a co-defendant to participate in the proceedings; but branches of financial institutions taking into account the distribution of the objective situation and the costs of legal proceedings across the country, financial institutions legal person can except. (3) The client is a separate indictment of the trustee or custodian, an additional supervisor or trustee for the third person. (d) in trust management case hearing, the burden of proof the allocation trust management case hearing whether it should apply to the fault of the constructive principles and Reversal of the burden of proof rules and how upside down, is a debate than important problem. China's civil law system, liability for breach of contract attributable to the principle of system constitutes the principle of fault liability and strict liability principles; Responsibility - the principle of the system by the principle of liability without fault, of fault liability principle and the principle of equitable responsibility. The presumption of fault, in essence, belongs to the scope of the principle of fault liability, and are mainly applicable to a variety of special occasions for breach of contract and tort; with the traditional fault liability is the most obvious difference is: the presumption of fault liability applies the principle of burden of proof upside down. Although the provisions of Article 64 of the Civil Procedure Law portfolio investment assets handed over to the trustee, usually based on the trust of the trustee expertise, skills and information without restriction capital how it works and how the appreciation of full operation by the Trustee, the principal is usually how the trustee's capital operation , trustee to grasp the client's funds and all records of transactions, the trustee for the occasion of the securities and futures companies, even more so. Supervisor, the principal usually entrusted the supervision of securities companies and futures companies, is also out of its financial expertise and skills, especially the conditions of supervision of the trust; In comparison with the principal, trustee or custodian for information, records of transactions, in the information completely dominant position, with more professional knowledge and skills on the securities and futures business; coupled with client funds and other financial assets are deposited in the account of the trustee or custodian. Therefore we can say that the field of trust management in the modern information age, the trustee or custodian has a greater burden of proof and require a causal relationship between the principal trustee or custodian of subjective fault and damage to the burden of proof, indeed significantly demanding. In addition, the stock, futures field, years of civil litigation practice, upside down by the burden of proof rules to reallocate the burden of proof between the parties. Considering the particularity of the trust management in the financial sector, as well as the burden of proof upside down should be applicable, attributable to the principle of presumption of fault responsibility principle; in the distribution of the burden of proof should be upside down by the burden of proof rules. Specifically: 1, the main burden of proof: in the trustee and custodian information superiority status, so the main burden of proof should be: trust management contract or commissioned regulatory contract, the trustee, supervisors, securities companies, futures companies. 2, the burden of proof object: Although the principle of presumption of fault is mainly for the fault identification problem and should not include the presumption of causality, but because of the presumption of fault application of the principle as a precondition the existence of a causal relationship. page). Therefore, the burden of proof objects should include a fault and the causal relationship between two elements. 3, the distribution of burden of proof: the trustee should the asset management process there is no fault, their fault and the loss of the entrusted assets, not a causal relationship between the burden of proof. The supervisor should not exist in the regulatory process at fault, their fault and the loss of the entrusted assets causal relationship between the burden of proof. of (e) Interpretation trust management cases pending in the hearing of the trust management cases, people's courts may exercise two Right to Explain: First, the columns of the parties set; Second, the claim changes. parties of the column set. The plaintiff sued the trustee as a defendant, the People's Court from the legal relationship between the composition and the actual needs of the case to require the plaintiff trustee is added as a co-defendant or third party. Have ceased, as trustee of the enterprise legal person, the people's court may require the plaintiff trustee companies funded an additional co-defendant or a third person. claim adjustment. Many cases the plaintiffs proceed from the interests of the preservation of the litigation proceedings, often to the economic strength of the defendant, or requirements have account regulatory responsibility for securities firms to bear all the financial losses, liability, or to request a securities company with the trustee jointly and severally liable . For such situations, should not be supported or rejected should be based on the composition and the specific circumstances of the legal relationship to the plaintiff release states: additional trustee for the parties to participate in the proceedings on the basis of the plaintiff, require the trustee and securities companies to bear their respective liability; or require the trustee to assume primary liability, supplementary liability borne by the securities company under the premise of the trustee and securities companies are at fault. To adjust the claim through the exercise of the Right to Explain, in line with the provisions of the law, but also ensures the realization of the interests of the plaintiff. the three, on the trust management contract the effectiveness (a) three representative view views on Entrusting the effectiveness of the management contract, not only theoretical circles different practitioners also different opinions. Differences mainly revolved around whether the trust management for financial institutions franchise or franchising the business, the trustee must have the qualification of these two factors expand, and the formation of negative, qualifications, and to distinguish three different perspectives: 1, negative. The view that, in view of the trust management business financial business is a need to obtain an administrative license, it is necessary to the appropriate limit the identity of the trustee and the trustee to make certain access requirements. In real life there are a large number of non-financial institutions engaged in trust management activities, but the policy guide and regulate development and risk prevention level departure, legalization should not be above the main trust management activities. 2 qualification. The argument for a securities company engaged in asset management business is legitimate behavior, and has established the basic rules and order. Some securities companies engaged in the practice of several deviations of the customer asset management business, it is a normal phenomenon in the development process, does not affect the legality of the securities companies client asset management business, nor change the nature of the commissioned management contract. The asset management business is a franchise, according to relevant laws, administrative regulations and the SFC's regulatory requirements, securities firms engaged in trust management business shall obtain a business qualification, otherwise it shall be deemed the contract null and void. According to the China Securities Regulatory Commission on risk control and internal control provisions of the absolute prohibition of the branches (sales department) engaged in the asset management business, so the affiliates in the case of unauthorized signing of the trust management contract should be held to be invalid; otherwise, may be formed branch can engage in misleading the trust management business and weaken the powers of the management and risk control ability of securities companies branches. case said. The point of view, should be based on the circumstances of the trustee, trust management is divided into two categories: corporate trust management of financial institutions and non-financial institution legal person (or a natural person) and trust management. Expressly prohibited by the Securities Company in its sole fiduciary finance, the central bank and the Securities and Futures Commission commissioned financial institutions, corporate wealth management business exists Qualification requirements, it is not a qualified securities companies and financial institutions such as legal, because the Securities Act in the circumstances of the trustee of the Department of Financial Institution Legal Person engaged in the business of trust management, shall be deemed invalid. In the case of the trustees of non-financial institution legal person (or natural), due to existing laws and administrative regulations did not engage in its trust management activities, prohibitions based on the spirit of the Administrative Licensing Law and other laws, trust management is identified as financial institutions, franchise or franchise basis for natural persons, legal persons and other organizations outside financial institutions engaged in trust management business, should not be easily identified contract invalid. The author believes that (b) the author's preference was expressed contract law is promulgated, the People's Court in the trial of civil and commercial cases should fully respect the parties' freedom of contract in the effectiveness of the identified contracts more should be cautious. The only mandatory laws and administrative regulations, the parties concluded the contract in violation of the prohibited provisions in order to maintain the contract is invalid. However, the trust management contract, although no clear laws and administrative regulations prohibit provision, trust management contract, in principle, does not appear to belong to the areas prohibited by law, but in view of the trust management practice tends to occur in the securities, futures field, and basically be regarded as a newborn Financial varieties, become a kind of derivative financial business; our country has always been to take strict control policy on the financial implementation of the financial business franchise, so you should trust management in the financial quality into the franchise category. Since the law has yet to trust management activity for special regulation, therefore, commissioned the effectiveness of the management contract, should be combined with China's monetary policy in maintaining the country's financial security and market transactions, security, carefully weighed, and treated differently according to the actual situation. Specifically: 1, on the principal subject qualification. In principle, all in accordance with the law has an independent civil entities qualified legal and natural persons can sign a trust management contract as principal; However, to safeguard national financial security and social public interests, the trust management contract signed by the principal of the following three cases should found to be invalid. (1) foreign institutional investors are not made for The term Accordingly, if not to obtain a This alienation from the outside to effectively monitor the securities investment trust management activities, will the wanton speculation of international hot money to create opportunities, and can easily lead to the systemic risk of the domestic securities market. Therefore, such investors as the consignors financial behavior, constituted the damage of China's financial security and financial order, should belong to the first paragraph of Article 52 of the Contract Law of the fourth provided for the scope of harm the public interest. trust management contract should be null and void. (2) financial institutions and their branches of securities companies, trust investment companies, other corporate legal person, commissioned by a natural person investment banking. Brokerage securities company, commissioned of the financial management of natural persons is not only beyond their approved business scope, also constitute the act of financing to customers; a comprehensive securities company, its behavior also constitutes the act of financing to customers; Trust and Investment Corporation, commissioned the financial behavior of natural persons not only in violation of the approved business scope, and in accordance with the trust system was established, should be constant in the trustee position; other enterprise legal person, do not entrust a qualified securities companies, etc. financial institutions, legal commissioned a risk the very weak capacity of natural persons engaged in financial activities, is clearly contrary to the trading common sense, and more is in contravention of the stock market speculation, would be the normal order of the financial market impact and harm the public interest. For this reason, in accordance with Article 10 of the Supreme Court interpretation of the Contract Law of the People's Republic of China (a) harm the public interest in the provisions of the spirit, as well as existing contract law the first paragraph of Article 52 Paragraph 4, except for the franchise as well as laws and administrative regulations prohibit the operation of the specified (3) the trust management of behavior engaged in money laundering. Anti-money laundering regulations of financial institutions judicial, administrative law enforcement agencies to combat money laundering, and shall not engage in unfair competition to prevent anti-money laundering obligations to fulfill. Accordingly, the criminals the use of trust management behavior engaged in money laundering activities, clearly belongs to the first paragraph of Article 52 of the existing contract law, the party to fraudulent means to enter into a contract to damage the national interest . 2, on the trustee of the main qualifications. The trustee was commissioned focus of the financial activities of the main aspects of regulation. (1) The trustee for the securities companies, futures companies, securities investment consulting companies, financial institutions, corporate situation. In December 2001, the China Securities Regulatory Commission issued a notice on regulating the securities company is entrusted investment management business, and explicitly requested only after a comprehensive securities company approved by China Securities Regulatory Commission have engaged in the business of entrusted investment management qualifications. This provision means that the trust management business of securities companies subject to supervision from the Meanwhile, according to the provisions of the CSRC on risk control and internal controls to prohibit affiliates (sales department) engaged in the asset management business, securities companies and other financial institutions, corporate did not achieve the trust management qualification, or its affiliates in the unauthorized trust management contract entered into in the circumstances, the Supreme People's Court interpretation of the violation of state restrictions on business, franchising and legal and administrative regulations prohibit the operating regulations (2) The trustee for the general enterprises, institutions and other non-financial institutions, corporate situations. Securities Law, Trust Law, the Securities Investment Fund Law, only for the financial, securities and fund management institutions engaged in commissioned Financial Services be regulation, and the relevant authorities to a specific object to determine the scope of regulation, therefore lead to asset management (investment consulting) companies, general companies as well as non-financial institutions and other bodies corporate trust management behavior in a random gray areas to be found, commissioned by the financial activities of the market regulatory vacuum. To this end, the department of civil and commercial trials should further intensify research efforts, the necessary judicial recommendations to the authorities in a timely manner according to the problems found in the trial. The current circumstances, the People's Court is still not easily deny the effectiveness of the trust management contract in such circumstances, but should be based on specific conditions. (3) The trustee for the case of natural persons. Trust management behavior between natural persons, although a wide range of number of them, but because it is too fragmented is not caused adverse effects on the financial markets, as long as it does not violate the General Principles of Civil Law, Contract Law and the prohibitive provisions of the country's financial regulations, respect for party autonomy should be respected, the trust management contract should be recognized as valid. However, if the trial verified the natural person during the same period jointly or separately on specific people commissioned in fiduciary wealth management business, especially the collection of entrusted investment management business situation, because the behavior is clearly its identity and qualifications do not match, it shall be deemed the contract invalid. should be emphasized that, In either case, in trust management cases pending, there is evidence of the parties under the guise of trust management in financial criminal activities, shall, in accordance with Article 52 of the existing contract law and relevant laws, the provisions of the regulations identified trust management contract is invalid

Some legal problems offinancial case ( on) the author ,Taka Minshang ,the Supreme People the people newspaper editor :2006-6-12commissioned financingcase concerning the application of law in judicial practice is more prominent . Each district court generally reflect ,to a commissioned financing contract nature ,contract and guarantee clauses ,responsibility ,supervision responsibility and account of domestic property rights and other issues to be grasped . The Supreme People was officially approved in 2001 drafting oncommissioned financing problems of application of law in judicial explanation, but because the theory and practice of significant differences ,and the relevant departments also further develop and improve relevant laws and regulations ,the judicial interpretation is still in the verification stage to draft . On hearing of securities ,futures ,bond market in cases of entrust finance legal issues one article, to entrust finance in the case of some difficult legal issues in-depth research and detailed explanation ,for entrust finance trial practice has certain reference significance . Now divided into three period give print is sent, to the readers .Since 2003 ,the country court commissioned financing contract disputes (hereinafter referred to as the trust management case ) rise sharply . Because the case involves complicated legal relationship ,the amount of money involved is enormous ,social influence is broad, resulted in the trial practice generally faces many difficult legal issues ,primarily ,a commissioned financing contract is qualitative ,a commissioned financing contract effectiveness and safety effectiveness in terms of accreditation ,upon the avoidance of the contract liability ,the legal status and supervision legal liability ,entrusting the asset inside account ownership as well as the securities brokerage account pledge nature and potency . For the above-mentioned problems ,no matter in theory or practice have great dispute .The theory and practice of fuzzy understanding ,resulting in trial practice in trust management case processing results vary, to a certain extent affected the case judge standards of rigor and uniformity . In view of the different insights arising from legal effect be quite different ,so it is necessary to entrust finance in the case of facing some difficult legal issues are detailed exploration and give the necessary to clarify ,in order to referee uniform scaling ,promoting justice and make due efforts . A commissioned financing contract dispute case ,the trial of the guiding principle of people cases of entrust finance ,should follow the following four guiding principles : first ,the principle of interests balance . Entrust finance is equal between the civil subjects of civil and commercial legal behavior ,in the trial of a case should always carry out the fair principle of civil law ,ensuring procedural justice and substantial justice, avoid the lopsided civil liability . Particular attention should be paid to consider the medium and small investors and large financial institutions and investment institutions in capital ,technology ,information asymmetry ,fair and reasonable allocation of the burden of proof liability and civil liability . Secondly ,the stability of financial order principle .Based on the current trust management and main characteristics of the agreement between parties ,from the balance between parties interests in civil and commercial law ,the basic principles and spirit as the basis ,in the financial market regulation ,to guard against financial risks ,and maintain financial stability ,promote financial market development purposes, fair and reliably solve disputes ,to avoid financial market negative effects . Thirdly ,the principle of overall planning .Full consideration should be given to financial law public policy ,pay attention to the applicable laws and policies ,use of legal effect and social effect ,judicial justice and judicial efficiency ,justice of procedure and substance such as organic combination ,avoid mechanical application of the law . In the pursuit of civil and commercial law ,private law autonomy rights ,equal protection concept at the same time, there should be in consideration of state economic policy ,financial market regulation and social influence of such factors ,in order to make social interest conflict eventually get balance and dissolve . Fourth, emphasize mediation principle .Practice has proved ,entrust finance cases usually is not a party alone caused by fault ,but due to market changes triggered by ,so this kind of conflict is not irreconcilable . Generally speaking ,as long as the parties recognize the financial transaction rule and entrust finance capital deficit reason ,should be the pursuit of a reasonable anticipation of litigation ,but not to persist in the contract . In view of this ,civil and commercial trial judges should be based on adequate knowledge ,skill and patience ,as far as possible the use of mediation mechanism to solve disputes .On two ,entrust finance legal nature and legal procedures for ( a ) entrust finance case law characteristics of cases of entrust finance is the result of the trustor and trustee trustor prescribed ,the funds ,securities and other financial assets entrusted to the trustee ,the trustee in a regular period of management ,investment in securities, futures financial market and pay a certain percentage of income to the principal asset management activity triggered by the contract dispute cases . Entrust finance case belongs to a financial dispute cases ,its legal characteristic mainly has four : first ,in the field of investment ,is usually invested in securities ,bonds ,futures assets financial assets ,securities ,bonds ,and futures market in the field of entrust financing behavior and cause dispute . The parties due to non financial asset investment management and caused a commissioned financing contract disputes ,the public offering of the fund share holders and the fund manager and fund custodian, between the fund contract dispute and direct investment company set up by the shareholder rights litigation ,not listed here . Secondly ,the body of a contract ,usually due to a securities company ,Futures Company ,Trust Investment Company ,investment consulting company ,all kinds of investment management company ,management studio ,general company and natural person as trustee of the trust financing activity caused by the entrusted financial disputes . Depositors and commercial bank and its branch institutions signed with entrust finance nature of the deposit contract dispute ,the insured and the insurance company and its branches have entrusted investment properties signed the insurance contract disputes ,also not listed here . Thirdly ,the content of the contract ,a commissioned financing contract or supplemental agreement usually had the floor return clause ;but in practice there are many has not concluded a minimum guarantee clause but because of the entrusted assets misappropriated and trustees ,securities companies dispute cases of entrust finance . Fourthly ,in dispute causes ,usually because of trust funds suffered losses or for surplus distribution caused by the trust management disputes .( two) cases of entrust finance legal nature ,type ,the cause of action and the applicable law ,the legal nature of the 1 entrusting financial transactions. On the legal nature of trust financing ,whether theory or practice, there were large differences .The biggest differences lie in :entrust finance is the principal-agent relationship or trust relationship ?I tend to think that ,trust management laws of nature should be located in the principal-agent relationship . There are two main reasons: first ,in practice most entrust finance is more consistent with the principal-agent legal relationship features .Trust management constitutes the major content is the principal with the trustee entered into a contract, the trustee on behalf of the securities ,futures ,bond market management of assets ,so it is basically consistent with the general principles of civil law and contract law the legal relationship between the characteristics of principal-agent . In addition ,due to the contract are usually awarded the trustees decide stock ,futures trading varieties and the way right ,so they belong to discretionary act of agency .Secondly ,the vast majority of entrust financing behavior and trust acts constituting conditions far . According to trust law and related regulations ,in the act of trust ,trust property ownership should be transferred to the trustee ,the trustee should be based on its own in the name of the trustee act ,the principal shall not participate in or interfere in the specific management behavior of trustee ,trust property and other property separation ,the trustee shall be approved by the people legal qualification of the trust institution ,and should trust registration . And trust management practice ,the trustee and the behavior mostly do not have the above conditions, and trust management application of trust law stipulated trust acts ,relates to regulatory approval ,trust agency qualification ,by way of trust in trust management activities of the qualification and a series of problems ,it is not appropriate to entrust finance characterized as trust behavior . 2 ,trust management type of case ,case and applicable law .In view of the parties contract form is very much, the principal-agent relationship is not completely cover the reality of trust management disputes led to a commissioned financing contract types ,the name of every hue ,court established by the case also varied . For example ,a commissioned financing contract is usually called the property management agreement ,commissioned investment management agreement ,entrusted management agreement ,property management agreement ,investment cooperation agreement ;court established by the case also includes a stock trading agency disputes ,futures trading agency disputes ,contract dispute ,Securities contract dispute ,futures contract ,loan dispute ,the return of property disputes ,property ownership disputes ,restitution of unjust enrichment disputes . This led to the lack of a clear hierarchy and accuracy, serious influence on such cases in the scientific qualitative .Therefore ,the author thinks ,the people should be based on entrust finance case legal relationship types ,in accordance with the provisions of the Supreme People on printing and distributing the provisions civil cases (for Trial Implementation ) . on the first instance court case according to the prosecution confirming .The prosecution legal relationship with the actual litigation legal relationship does not comply, the case to court to identify the actual legal relationship between parties as confirming basis provisions ,in the case with management disputes tentative causes, in particular the trial to entrust the financial case process ,further distinguishing the different rights obligations agreed to define its legal relationships and confirming . Specifically :( 1)a commissioned financing contract dispute cases .Both parties agreed in the contract, the client in its own name, opening a capital account and a securities account ,the trustee is authorized to engage in investment management ;or direct client funds will be delivered to the trustee ,the trustee in its own name or in the name of borrowing others engaged in investment management ,should be recognized on both sides was a commissioned financing contract ,a commissioned financing contract disputes and to determine the cause of action . ( 2)the entrusted supervision of contract cases .Securities company ,Futures Company or its branches to accept commissioned financing contract of the parties or the asset trustor commissioned ,commitment to the entrusted assets trading account supervision and management ,should be identified as a commission set up supervision contract relationship ,and to the entrusted supervision of contract dispute confirming . In a commissioned financing contract cases and entrusted supervision of contract cases, the law should follow the train of thought :firstly ,we should mainly to the general principles of the civil law ,contract law and other civil and commercial law as the applicable law basis basic . Secondly ,from the Securities Act ,Interim Regulations on Administration of futures trading and other financial laws ,rabatt nike sko,regulations for the securities ,futures trading rules ,as the basis for handling cases . Once again ,from the China Securities Regulatory Commission and other financial regulators for the relevant financial regulations in the business qualification ,citing prohibitive transaction regulations as the reference case . At present this kind of reference include: China Securities Regulatory Commission Securities Regulatory on regulating the entrusted investment management business of securities companies notice , on securities companies engaged in collective entrusted investment management business related issues notice on 2003,China Securities Regulatory Commission No. seventeenth customer asset management in our securities company provisional measures .Finally, for the specific case appears difficult new legal problems ,should be combined with the macro economic and financial policies ,the integrated use of entrust financing cases of civil and commercial law principle ,basic principle ,principle and legal interpretation methods to analysis and treatment . ( 3)the loan contract dispute cases .Both parties agreed in the contract, the client assets will be handed over by the trustee for investment management ,trustee, regardless of profit and loss and ensure client access to fixed interest return, excess return on investment are owned by the trustees all ( i. e. the agreement guarantee interest fixed return clause ) ,which belongs to the name for the trust management ,it is lending relationship .,should be identified both sides establishs a loan contract relationship ,to loan contract dispute confirming ,and apply the relevant laws ,administrative regulations and judicial interpretation of the provisions . ( 4)the partnership agreement dispute cases .If both parties are expressly agreed in the contract ,the trustor entrusts the assets to the trustee ,the trustee to provide professional financial services ,both share the benefits ,risks ,should be identified both set up to a commissioned financing contract as the manifestation of the partnership ,partnership agreement was finalized by to dispute ,and the application of general principles of civil law of the people and on the implementation of < ;the people general principles of the civil law of > ;opinion of a certain number of problems (for Trial Implementation) the relevant provisions . ( 5)the trust contract dispute cases .In a commissioned financing contract in practice, if the contract agreed to entrust the assets entrusted to the trustee ,the trustee in accordance with the wishes of the client and to the trustee in its own name management ,assets and client assets and a trustee of the fixed assets are separated from each other ,so that the client or clients designated beneficiary access income ,and the trustee has the legal qualification of trust investment institutions trust law stipulated trust behavior constitutive requirements should be recognized ,establish a trust contract relationship ,and to trust contract confirming ,and the application of trust law and relevant laws ,administrative regulations and judicial interpretation of the provisions . In view of judicial practice in order to entrust finance commissioned financing contract disputes and entrusted supervision of disputes is the most common type ,therefore ,the author studies focused on the two types of contract dispute analysis and processing and expansion . ( three) commissioned by the financial jurisdiction and party ,identified 1cases under the jurisdiction of.Trust management cases under the jurisdiction of the issues ,is a prominent problem in judicial practice . As a result of entrust financing securities, futures and other financial market on an investment management activities ,but financial markets are not a geographical concept ,thus entrusting trading is difficult to determine an objective existence of specific place of performance ;especially cases of entrust finance is more complex ,all over the court judicial standards, leading to judge the performance of a contract or violations to the more difficult ;in addition ,the trial practice will usually securities ,futures and other financial institutions of the domicile confirmed for contract performance ,and in the case of entrustment management for securities companies ,Futures Company and other financial institutions, his place of residence and place of contract performance coincidence . For this, we think ,in trust management case, should with the plaintiff defendant as a general principle ( at the domicile of the defendant is not limited to the agency headquarters) ,should not be regulated in contract ,tort for the cases under the jurisdiction of the court ;the number of people ,the plaintiff can choose the location of the prosecution ;can contract dispute resolution under the jurisdiction of courts, but it should be in the civil procedure law stipulates that the twenty-fifth extent . In 2 ,the parties .As a result of entrust financing case involving the trustor, trustee ,regulatory ,parties ,other than the contract relationship ,are more likely to have multiple parties litigation status . Starting from the purpose of civil litigation ,in order to facilitate the people court to investigate the facts of the case and solve the dispute ,to prevent evasion of law ,a better balance between the interests of the parties ,we believe ,can according to the specific circumstances of the case the parties to determine . Specifically :( 1)the principal respectively to a commissioned financing contract and the entrusted supervision of contract to the trustee and the supervision of people at the same time proceedings, the two case combined hearing ,and the trustees and supervisors as joint defendants . ( 2)the trustor trustee to branches of the proceedings, the branches of the legal person as a joint defendant to participate in the proceedings ;but considered a branch of a financial institution distribution throughout the objective situation and the litigation cost ,financial institutions can except . ( 3)the trustor trustee or separate prosecution supervision ,the supervision or trustee for third additional .( four) trust management in the case of the distribution of the burden of proof in the case of entrusting financial transactions ,whether should apply the principle of presumption of fault and the inversion of onus probandi and how to invert ,is a controversial issue . China civil law system, contract liability system composed of fault liability principle and the principle of strict liability ;tort liability system is composed of the principle of no-fault liability ,fault liability principle and fair principle of the responsibility . Presumption of fault in essence belongs to the principle of fault liability category ,and is mainly applicable to a variety of special breach of contract and tort cases ;it with traditional fault liability is the most obvious difference is that :the presumption of fault liability of inversion of onus probandi . Although civil law the sixty-fourth stipulation who advocates ,who proof of the distribution of burden of proof principle ,but entrust finance is the reality ,in the securities ,futures market, as trustee ,trustee of funds and other financial assets will be handed over to the trustee for investment portfolio, is usually based on the professional knowledge ,skills and Information Trust for capital ,how it works and how to appreciate fully by a trustee ,trustee trustee usually on how to implement capital operation without restriction ,the trustee to master the funds of the client and all records ,in trustees ,securities Futures Company of occasions ,even more so . On the regulation of people, the client usually commissioned by the securities company or Futures Company supervision ,is also due to its financial professional knowledge and skills in particular conditions of supervision of trust ;and commissioned by contrast ,trustee or supervisors for the transaction information ,records, fully in the information superiority ,for securities ,futures business with stronger professional knowledge and skills ;in addition ,the funds of the client and other financial assets are placed with the trustee or custodian account . Therefore, in the modern information age entrust finance field, the trustee or the supervisor has stronger proof capability ,to require the principal to the trustee or supervision of subjective fault and damage of the causal relationship between the burden of proof ,is significant . In addition ,in the stock ,futures trading areas, over the years of the civil litigation practice mostly adopts the inversion of onus probandi redistribution between the parties of the burden of proof . Considering the financial field in trust management activities of the special ,and presents evidence the responsibility inversion in order to avoid in a particular case the victim due to evidence can not make right cannot get relief ,we tend to think that ,in the case of entrusting financial transactions ,imputation in principle ,should apply the presumption of fault liability principle ;in the allocation of burden of proof ,should be used in the inversion of onus probandi . Specifically :1,burden of proof in the body : because the trustee and regulators in the information superiority ,the inversion of burden of proof should be the main :commissioned financing contract in the contract or the entrusted supervision trustee ,supervisors ,securities company ,Futures Company . In 2 ,the inversion of burden of proof of the object :Although the principle of presumption of fault is mainly directed against the fault of that issue, and should not contain causation presumption ,but because of the principle of presumption of fault in the application of causality as the premise ,causal relations in uncertain circumstances, causality itself also needs to determine by presumption (see :Wang Liming on the presumption of fault ,contained in civil law of first series ,Law Press, 2001 edition,page 689th ) . Therefore ,the inversion of burden of proof of the object should also include fault and causation of two constituents of fact .In 3 ,the inversion of onus Probandi Assignment : the trustee should carry out asset management does not exist in the course of fault ,the fault and the entrusted assets loss there is no causal relationship between the burden of proof . Supervisors should in the regulatory process there is no fault ,the fault and the entrusted assets loss there is no causal relationship between the burden of proof .( five) trust management in the case of interpretation problems in trust management cases in the people shall ,two kinds of interpretation : one ,the arranged ;secondly ,the change of lawsuit . In 1 ,the column is .The plaintiff in the lawsuit is not the trustee as the defendant ,the people from the legal relation of the case and the actual needs, requirements of the trustee for an additional co-defendant or third people . As a corporate trustee has gone out of business ,the people may request the trustee company contributive person for an additional co-defendant or third people .In 2 ,the claims adjustment . In many cases the plaintiff lawsuit from the security interests ,often to have the economic strength of the defendant filed a lawsuit ,or request for account supervision responsibility of securities companies to bear all the loss of funds compensation responsibility ,or require a securities company and the trustee shall bear joint and several liability together . For such cases ,not simply to support or reject ,but should be based on the legal relation of the specific circumstances of the plaintiff and interpretation :on the additional trustee parties to participate in the litigation on the basis of the trustee and the securities company ,requirement each bear corresponding responsibility for compensation ;or in the trustee and the securities company has fault under the premise ,requires Trustee assumes primary responsibility for compensation, the securities company shall bear the liability for compensation . Through the exercise of interpretation power to adjust claims ,both with the provisions of the law ,but also can ensure the realization of the interests of the plaintiff .On three ,a commissioned financing contract effectiveness ( a ) three representative views on commissioned financing contract potency question ,not only in theory a matter of opinion ,practice circle also public opinions are divergent . The main differences around the entrust finance is a financial institution or the franchise franchise business ,the trustee must have qualification of these two factors and spread out ,and the formation of negation ,qualification and distinguish between three ideas :1,negative . The argument is that ,given the trust management business should be a need to get administrative license for financial business ,there is a need for a trustee for proper limit ,and the trustee must access requirements . Although in real life there are a large number of financial institutions are engaged in trust management activity ,but the policy guide and regulate the development and risk level, it will be the main body of entrust financing activities legalization . 2 ,qualified to say .The ideas, securities companies engaged in asset management business is legal, and has established the basic rules and order .In practice, some securities companies engaging in the customer asset management business a number of deviations in the developing process ,it is a normal phenomenon ,does not affect the customer asset management business of securities companies legitimacy ,but also can not change the nature of a commissioned financing contract . Asset management business is a franchise business ,according to the relevant laws ,administrative regulations and the CSRC regulations ,securities companies engaged in trust management business shall obtain the business qualification ,otherwise should hold the contract void . According to the China Securities Regulatory Commission on risk control and internal control regulations, the absolute prohibition of branches ( i.e. sales) engaged in asset management business ,the branches in unauthorized circumstances signed a commissioned financing contract shall be deemed null ;otherwise ,may form the branches can be engaged in trust management business of misleading and weaken the securities company to branches of power management and risk control ability . 3 ,to distinguish between said .In this view ,should be the basis for the trustee will entrust finance is divided into two categories: financial institutions entrusted financial and non financial institution legal person ( or natural) trust management . The trustees of corporate financial institutions with the situation, because the stock law prohibits securities company solely entrusted financial management ,and the central bank and the securities and Futures Commission for financial institutions entrusted financial services qualification requirements ,therefore not qualified securities companies and other financial institutions to engage in trust management business ,should be invalidated . The trustee is a financial institution legal person ( or natural) case, because of the existing laws ,administrative rules and regulations of the financial activities has not entrusted to prohibit sexual regulation, and on the basis of the administrative license law spirit, will entrust finance as financial institutions franchise or franchise basis insufficient ,therefore ,on financial institutions outside of natural persons ,legal persons and other organizations engaged in trust management business ,not easily hold the contract void . ( two) the author opinion the author thinks ,in contract law enacted ,the people of civil and commercial cases should fully respect the parties freedom of contract, the contract potency of more appropriate discreet . Only when the parties to contracts concluded in violation of laws ,administrative regulations and mandatory ,prohibit sexual regulation can be found invalid contract .However ,as a commissioned financing contract ,although at present laws ,administrative rules and regulations is not explicitly prohibits a commissioned financing contract ,in principle does not belong to the category of a prohibited by law ,but in practice the entrusting financial transactions occur mostly in the securities ,futures ,and basically be regarded as a kind of new financial products ,become a a financial derivative business ;especially our country always take strict policy on financial and financial business franchise ,so should be entrusted financing in the financial quality into franchising category . Because the current law has yet to entrust the financial activities of special regulations ,so for a commissioned financing contract effectiveness ,should be combined with China financial policies ,to safeguard the financial security of the state and the market transaction security between weigh ,and according to the actual situation differently . Specifically :1,on the principal subject qualification .In principle, all in accordance with the law with the independent civil subject qualification of legal person and natural person can act as both a client to sign a commissioned financing contract ;but from the national financial security and social and public interests, the following three situations the signed a commissioned financing contract should be invalidated . ( 1)foreign institutional investors not to obtain a qualified foreign institutional investor in China market investment trust management . Qualified foreign institutional investors ( Interim Measures for the administration of the China Securities Regulatory Commission ,people in 2002 twelfth orders)regulations ,foreign institutional investors in China market investment trust management must be approved by the China Securities Regulatory commission . This method place says qualified foreign institutional investors ,refers to the provisions conform to the conditions approved by the China Securities Regulatory Commission China offshore fund management institutions ,insurance companies ,securities companies and other assets management institutions . Accordingly ,if not obtained a qualified foreign institutional investor foreign institutional investors in the territory of China securities market investment trust management ,in direct violation of securities regulations in china . This free on the effective monitoring of securities investment trust management activities ,international hot money speculation will have to create chances, extremely easy to cause domestic securities market systematic risk . Therefore ,the investors as the client trust financing ,already formed damage to China order behavior ,should belong to contract law fifty-second article of the fourth rule of damage the public interests of the society category ,a commissioned financing contract should be no effect . ( 2)a securities company ,Trust Investment Company and other financial institutions and their branches ,other enterprise legal person ,natural person investment trust .On securities brokerage company ,its principal natural financial behavior not only beyond the approved scope of business ,form to the customer financing behavior ;comprehensive securities company ,its also constitutes to the customer financing behavior of Trust Investment Company ,its principal ;natural person financial behavior not only violates the approved operating range ,and in accordance with the the trust system is designed ,which should be constant in a fiduciary position ;on the other enterprise legal person ,it shall entrust a qualified securities companies and other financial institutions entrusted to assume the risk ability is extremely weak natural persons engaged in financial activities is clearly contrary to common sense ,transactions ,many illegal market speculation ,the normal financial the impact of market order ,damage the public interests . In view of this ,according to the Supreme People on the application of the people Contract Law s interpretation of several issues ( a ) the tenth about the party beyond the scope of business contract ,the people so that the contract is invalid . But against the national restrictions on the operation ,franchising and legal ,administrative regulations prohibit the operation with the exception of the provisions of the provisions of the spirit ,and the current contract law fifty-second article of the fourth provisions of the harm the public interest invalid under ,shall be deemed invalid contract . ( 3)commissioned by the financial behavior in money laundering activities . Financial institutions anti-money laundering provisions ( the people in 2003 first orders)explicitly asked to accept business of financial institutions and their staff shall be in accordance with the national financial regulations, earnestly performing the anti-money laundering obligations ,carefully to identify suspicious transactions ,to assist with administrative law enforcement organs ,judicial ,money laundering ,and should not be engaged in unfair competition hinder the money laundering obligation . Accordingly ,criminals use entrust financing behaviors engaged in money laundering, obviously belong to the present contract law fifty-second article of the first rule of a party to fraud means to contract damage the interests of the state ,the contract shall be deemed to be invalid . In 2 ,the trustees subject qualification .The trustee is the main focus of commissioned financing activity regulation .( 1)the trustee is a securities company ,Futures Company ,securities investment consulting company and other financial institutions . In 2001 December,China Securities Regulatory Commission issued on regulating the entrusted investment management business of securities companies notice ,specific requirement only after the approval of China Securities Regulatory Commission, comprehensive securities company is engaged in the entrusted investment management business qualification . The regulation means that securities companies ,trust management business started by regulation ,from the free service evolved into the franchise .At the same time ,according to the China Securities Regulatory Commission on risk control and internal control regulation, prohibit branch ( business department ) engaged in asset management business ,therefore ,securities companies and other financial institutions have made trust management qualification ,or its branches in unauthorized circumstances signed a commissioned financing contract ,should according to the Supreme People Court on the application of contract law of PRC to explain a number of problems ( a ) the tenth about the party beyond the scope of business contract ,the people so that the contract is invalid . But against the national restrictions on the operation ,franchising and legal ,administrative regulations prohibit the operation with the exception of the provisions of the regulations ,that contract is invalid . ( 2)the trustee as the general enterprises ,institutions and other non - financial institution legal person .As a result of securities law ,trust law ,law of securities investment funds ,securities and funds only for financial management institutions engaged in trust management business should be regulated ,and the relevant departments to determine the scope of supervision of a particular object ,resulting in asset management ( investment advisory company ) ,Ordinary Company and institutions such as non - financial institution legal person trust financing in a random to be found in grey zone ,commissioned by the financial activities of market regulation vacuum . Therefore ,the civil and commercial departments should further increase the research strength, at the same time trials according to the problems identified in a timely manner to the departments concerned on the necessary judicial suggestions . The current situation, the people is not easily deny the case of commissioned financing contract effectiveness ,and should be adopted according to the specific conditions .( 3)the trustee as the natural situation . Between natural persons, trust financing although the range is wide and the number of many ,but because its too dispersion was not caused by the adverse effects of financial market ,therefore ,as long as it does not violate the general principles of the civil law ,contract law and national financial laws and regulations prohibit sexual regulation, respect for the autonomy of the parties shall be respected ,it is also a commissioned financing contract should be determined and effective . But if the trial found that natural persons are in the same period jointly and severally accept the society not specific people to engage in the financial services ,especially the collective entrusted investment management business situation ,because this behavior obviously identity and qualification discrepancies ,it should be recognized the contract invalid . It should be stressed that ,no matter what the situation ,in case of entrusting financial transactions ,there is evidence to prove that the party under the guise of the name of entrusting financial transactions in the financial illegal activities ,shall be based on the current contract law fifty-second article as well as the relevant laws ,regulations ,as a commissioned financing contract

lawyers: banks in the credit card management "holes" Beijing man Yuan Shuai credit card overdraft for madness, idle away in seeking pleasure, the parents found out, repeatedly asked the bank to take measures to freeze his credit card, but banks are ignored. The Yuan Shuai family was finally "lose both men", its oneself by the court of Haidian sentenced to two and a half years, fined 30000 yuan.However, Yuan Shuai's parents believed, they repeatedly asked the bank to take measures, but were rejected, so banks is caused by their son Yuan Shuai malicious overdraft is one of the reasons. Therefore, they demand second commuted Yuan Shuai's innocence.Case playback overdraft insolvent sentenced "my wife to the intermediate court materials go, now he is so busy Yuan Shuai trial."Yuan Shuai's mother, lady of song yesterday accepted a reporter interview. She said: "I and wife are now retired, the two one family on my retirement and wife do business money life."Since Yuan Shuai had credit card, she and husband or wife day can even use "hard" two words to describe. "Yuan Shuai from before the Spring Festival in 2008, successively in many banks do 7 cards, then began a crazy overdraft.All of the money he used to idle away in seeking pleasure and purchase items.In less than a year, we didn't stop Yuan Shuai repayment, and almost zero, 'keep looking for a bank, the Minsheng Bank to four or five, for Yuan Shuai's overdraft behavior measures'. But the bank informed: Yuan Shuai is the cardholder, you have no right to make such a request."In 2008 November, they give the Minsheng Bank Credit Card Center leadership wrote a letter, asking him to give a statement. "We have to give him also 40000 yuan.To be caught, he still owed the bank 4 yuan not also.Bank to turn a deaf ear to our request, but the child picked up, banks were immediately frozen Yuan Shuai bank card. "Mrs Yuan Yizhong said, the bank in the event of serious problems, should assume corresponding responsibility.Now, they could not accept the verdict, on appeal, they asked where Yuan Shuai's innocence. The court hearing plaintiff acts constitute a crime of fraud trial the judge said, undeniable, the banks for the purpose of making a profit, in the issuance of a credit card, examine the applicant qualifications and credit card management exists many problems, but not because of management system vulnerabilities and denied Yuan Shuai's crime. Yuan Shuai's annual income of more than 30000 yuan, but he is at the most a month overdraft credit card 2 yuan.The parents refused to own repayment, the bank repeatedly collection were not returned, and with the bank lost contact, this is sufficient to show that Yuan Shuai was in no repayment ability in the case of large overdraft, has the purpose of illegal possession, has constituted the crime of credit card fraud. Lawyers said the families want to freeze the cardholder may authorize the judge said, the bank approved to distribute a credit card, the cardholder and the bank has established a contractual relationship, the bank only with the consent of the cardholder's consent, can the credit card to take measures such as cancellation, suspension. In Yuan Shuai there is no clear mandate,nike high heels, the bank does not have the right to request Yuan Shuai father, unilateral cancellation of credit card.But the city attorney Song Xiaoyi said, the bank in this case is the responsibility of the case bank, work is the presence of "hole". First, banks to deal with the cardholder for assessment and risk warning.Secondly, as a party to a contract may exercise the bank, "the unsafe right of defense".Reporters yesterday with a bank credit card center to contact, the center of a lady says to the reporter, to apply for a credit card is required to provide a copy of ID card, proof of income, job card copy.

Hear the chief's daughter wanted to go abroad, the boss sent "travel" or money to help formalities.Originally, they have been the chief consideration.Yesterday, the city's Procuratorate report Awareness Week officially started, the city's Procuratorate reporting the duty crime cases. "Money" to buy a house 100000 chief at the beginning of 2010,nike kobe Schuhe, municipal procuratorate Anti-Corruption Bureau in the investigation with the bribery case, that a certain infrastructure cost the company's legal representative Xu once "by name", to the East Lake high-tech development zone a government functional department section chief Huang 100000 yuan. Prosecutors quickly to Hwang was questioned, the latter admitted a total of accepting bribes 240000 yuan xu.It is reported, Xu is 2006 to participate in the East Lake Development Zone investment project appraisal work, through others introduced huang. At the beginning of 2007, Xu that Hwang ready to purchase, is willing to "lend" offered 100000 yuan.In May 12th the same year, Huang in the Luxiang square near the car received Xu gave its 100000 yuan. The second half of the year, in Hwang's help, Xu companies were identified as high-tech development zone of East Lake financial investment projects assessment of the commissioned unit, and have received a number of projects. There are 18 bank cards for subsequent, anti-corruption investigators raided the office of Huang, the drawer found the cash 28000 yuan, from their purses searched all 18 bank cards.Anomalies in front, Hwang had confessed, also received 8 other companies related to bribery. The bank card involves 8 banks, more than 40 bank branches and 2 Securities companies.The prosecutor had overcome all kinds of difficulties, a total of check all kinds of bank vouchers bill 272, obtain documentary materials in more than 70, formed a record 41. The definitive identification, 2006 to 2010, the suspect Hwang by taking advantage of his position, has 28 times received 9 home business units of the bribe, a total of 752000 yuan and 10000 dollars.My daughter went abroad into bribery. Notably, there are 8 companies of bribery in the matter one is the same, they heard that Hwang's daughter to study abroad, then congratulations to send in the name of money.According to Huang Mou to explain, received money in addition to purchase the car consumption, were put in with their relatives, the name of a 16 bank accounts and trading accounts. At the end of last year, Hwang was sentenced to 10 years in prison.Reporter Liu Feng correspondent Zhou Jingjing welcome comment I want to comment micro-blog recommended | today micro-blog hot (editors:

民警在和刘安交谈 　　3月12日，在武汉民康盲人按摩中心，记者见到盲人青年刘安(化名)，悬了半个多月的心，终于放了下来。这段时间，鄂州警方、武汉及鄂州两地媒体记者，以及他的同事及家人，累计上百人一度忧心如焚。 　　面对本报记者，惊魂未定的刘安显得有点紧张。经过“洗脑”的他，对传销仍抱有幻想和好感，但在同事和朋友的开导下，他还是犹犹豫豫地讲述了事情的来龙去脉。 　　鄂州相亲无音讯 　　记者报警找到他 　　2月23日下午,nike kobe shoes，本报记者接到武汉民康盲人按摩中心负责人的求助电话：该中心按摩师刘安头天上午去鄂州相亲，一去就没了踪影，手机关机，可能遇到不测，请记者帮忙寻找。 　　刘安是位盲人，在鄂州人生地不熟，又行动不便，本报记者当即拨通鄂州市公安局副局长郭贵初的手机。郭贵初当即表示一定尽全力找到刘安。 　　随后，鄂州公安局调集60余名警力，对鄂州市城区进行清查。侦查人员得知，哄骗刘安的女子李倩(化名)是江西南昌人。经过进一步清查得知，李倩是传销的小头目，传销窝点在凤凰街道办事处辖区内活动。且李倩一度想于元宵节那天乘坐火车离开鄂州回到江西。警方元宵节在火车站蹲守一天，未发现李倩的行踪。 　　3月9日晚，凤凰派出所侦查到传销窝点在百子畈村一处私房。由于当夜大雨，郭贵初决定白天行动。3月11日上午，民警进入百子畈村四组周家垴屋9号私房，发现房间中有多名传销人员上课，其中就有李倩。民警当即将李倩等7名传销人员带回派出所调查。 　　李倩跟警方打起了谜语，说是不认识刘安。经过警方5个小时的攻心战，她终于招架不住，打电话让同伙把刘安送来。 　　记者在第一时间得知好消息并转告给刘安的家人。他们立即赶到鄂州接人。 　　交友电台留电话 　　传销女子找上门 　　24岁的刘安说，去年底在电台的交友节目中，露透出想交个女朋友的想法，并公布了手机号码。 　　不久，一个自称叫李倩的女孩就发来短信，她自称在鄂州服装厂打工，想当他的女友。刘安颇觉惊喜，很快便与李倩打得火热，天天与她发短线或者打电话热聊。 　　今年春节前，李倩邀请刘安去鄂州玩，说自己的父母要见见刘安。刘安因为节前工作很忙，便与她约好节后来。 　　正月初八，刘安带着一大摞礼物独自坐长途车到了鄂州。李倩赶来接站，她牵着刘安的手，又替刘安拎包拿礼物，显得很是热情。 　　将刘安接到一处房屋后，李倩突然提出要听刘安手机里的歌，刘安把手机给她，谁知这一给就再难拿回来了。刘安回忆说，刚进门时有些激动，以为真的要见到李倩的父母，谁知却听到了几个年轻人的打牌声。 　　天天青菜加泡面 　　吃饭时候谈大便 　　发现没法逃走，刘安决定随遇而安。当天晚上吃饭，听说有红烧牛肉面吃，可是刘安没吃到一点肉，一问才知道是开水泡的方便面。吃罢晚饭，他们让刘安在地铺上睡觉，几个年轻人睡在旁边，刘安彻夜难眠。房子里有八九个人，纷纷聊着天。他们大多是被朋友骗来的，但是有人说听课之后觉得说不定真的遇到了发财的机会。 　　此后几天每天吃萝卜、白菜、方便面，更让人不可思议的是，只要吃饭，就有人讲笑话，而且主要是谈论大便。据说这样做的好处是：提高人的素质。只要你能边听边吃得下饭，就表示你的素质提高了。 　　呆了几天后，经常有人带他去上大课，刘安感觉有很多人聚在一起，来自全国各地，有五六十岁的中老年人，也有几岁的小孩。这个公司自称天津天狮生物发展有限公司，是全中国最大的公司，有2000万员工，公司总部在北京，生产基地在天津，产品远销200多个国家和地区。 　　发现骗局想逃走 　　四五大汉看起来 　　刘安说，到了地方半小时后，一个被大家尊称为“领导”的十堰男人进来，他才开始觉得不对头。 　　“领导”与众人一一握手，在与刘安握手时，还用带着浓重湖北十堰口音的普通话与他交谈，想对刘安有所了解。随后，“领导”冷不丁问刘安知不知道李倩是搞什么的，这一下把刘安问楞了，他感觉可能受骗了。 　　接下来，“领导”海阔天空谈了一通，然后对刘安说：“李倩有两个消息，一个好的一个坏的，你要先听哪一个？”刘安说：“先听坏的吧。”该人说：“李倩是骗你的，她现在没有做服装。好的消息是，李倩正在考察一个新型的行业项目，这个行业就是六大信息产业之一的网络营销，让你过来帮她看看。” 　　刘安顿时火了，对着李倩大声指责。见她没有吭声，刘安把带来的礼物递给了她，准备离开。 　　没想到四五个年轻人一拥而上，把他带到另一个房间，说是要给他讲课。他听了一会儿，什么也听不懂，觉得太无聊，起身要冲出门，又是前有堵门的，后有抓人的，把他牢牢控制住。 　　不知不觉被洗脑 　　主动交了两千块 　　在传销窝点，刘安对什么都感到新奇。他发现每次大课结束时，听众离开时都是有次序的，他问为什么不一起走，得到的答复是：“我们有纪律，走时不要大声喧哗，免得扰民。”于是，他就相信，这个公司是正规的。 　　听大课时，“领导”经常拎着钱袋子给优秀员工发奖金， 听到人们的喜悦和欢呼声，刘安热血沸腾，希望加入公司。他借来手机给妈妈打电话，以和女友在鄂州开按摩店为由要来了2000元钱，就交给了“领导”。 　　刘安说，“领导”要他找下线，骗朋友来鄂州时，他感到有些不安和内疚，始终没有勇气。 　　面临警方解救时，刘安居然称自己没有受骗，还指责警方管得宽，直到家人赶来接人。

　　新快报讯 记者 黄琼 实习生 王朝阳 报道饰品公司的女收发员利用职务之便监守自盗，在长达9年的时间里私占公司黄金130斤多，价值超过500万元。记者昨日获悉，该收发员曾某被广州市中院终审裁定构成职务侵占罪，获刑6年。据悉，她最初侵占公司黄金时,Nike Air Yeezy，年仅20岁。 　　经查明，今年31岁的曾某，中专毕业即参加工作。2000年至2009年2月24日间，曾某一直担任广州市番禺恒宝饰物有限公司的收发员，负责该公司黄金及金饰的收发、保管工作。期间，曾某利用职务便利，侵占该公司的足金共计65084.97克，价值501万余元。一审法院认为，曾某利用职务上的便利，将本单位财物非法占为己有，数额巨大，其行为已构成职务侵占罪。遂判处曾某有期徒刑6年，并处没收财产5万元。 　　曾某不服向广州市中院提出上诉。近日，该院维持了原判。分享到： （编辑：SN019）

　　广西新闻网讯(见习记者 欧阳美荣)16日上午，家住南宁市郊屯里村的李先生带着刚满周岁的女儿欣欣到南宁市妇幼保健院看发烧，然而欣欣却意外身亡，医院的解释是异物品吸入气管，家属却对院方的说法表示质疑。 　　吃完午餐打针出现呕吐 　　据李先生描述，16日中午11时40分左右，因为欣欣发烧，就把她带到南宁市妇幼保健院儿科就诊，医生诊断后，开了口服药和静脉注射用药。之后，儿科护士给孩子测了一下体温，39.4度，做了皮试，准备给欣欣打吊瓶。12时许午餐时，李先生给欣欣喂了点粥，想着欣欣爱吃玉米，便给她咬了两口玉米,Chaussures adidas football。 　　第一瓶打完后，第二瓶打到15时30分还没打到一半，李先生有些着急，叫护士来看，体温测量39度。快到打完的时候，欣欣开始坐也不是站也不是，李先生赶紧要求护士拔针。拔完针，欣欣要大便，还想呕吐，便带她到卫生间，欣欣开始喘气困难，李先生急忙把她抱到急诊科。16时许，孩子被送入抢救室。 　　院方称是异物吸入气管所致 　　18时30分，对李先生来说简直是晴天霹雳，医院告诉李先生，欣欣因异物吸入重度窒息引起呼吸困难，抢救无效死亡。 　　“送到抢救室，我们马上派出两个医务科科长和两名副院长一起抢救，在抢救中发现欣欣嘴里有很多玉米、菜叶以及胃内溶物，在气管内发现有玉米颗粒。”该院副院长农木本说，“就这次抢救的临床分析推断，我们认为是玉米粒误入了气管，堵住了气管，没法进行气体交换而导致小孩重度窒息，引起多器官功能衰竭所致。” 　　医务科副科长李浩说，“对于小颗粒的异物是比较难办的，气管吸入异物后小孩不会表达，等进入到支气管下面，又难以切开气管。李浩指出，小孩子如果被一些稍大的果实卡喉，家长还可以采取急救措施，按压腹部，使肺部压力增加，争取把异物挤出来。 　　双方已口头同意尸检 　　对于医院的说法，李先生表示不能接受，欣欣在家也喜欢吃玉米，却没有出现这样的状况，为什么今天会出现这样的情况？李先生质疑，是不是医院的用药有问题，如果真的是气管吸入异物，应该抢救得过来呀。 　　“现在当天所用的药物器具已经隔离封存起来了，我们的态度是建议尸检和药物检验，只有这样才会有结论。”农木本副院长表示，“不过，我们最想提醒家长一定要注意避免小孩意外伤害，要根据孩子的年龄段来进行喂食。” 　　截至记者发稿，患方已口头同意尸检，将于今日到医院签同意书。

　　一家私企从事出纳工作的李咏梅为了圆自己的买房梦，铤而走险侵占公司巨款一百五十余万，最终将自己送进了班房。日前，南京秦淮法院作出一审判决：李咏梅犯职务侵占罪，判处有期徒刑八年，并退赔尚未退出的赃款一百三十余万元。 　　高房价逼得她丧失理智 　　李咏梅在秦淮区一家私企从事出纳工作，吃苦耐劳工作踏实，深得老板夫妻的信任。2008年底，老板在生病住院期间，将公司的银行印鉴委托李咏梅保管。但他没想到的是，此举勾起了李咏梅的贪念。原来，李咏梅自己所住的房子即将拆迁，她很想买一套新房子，但面对疯狂上涨的房价，李咏梅只能望楼兴叹。“我一个月工资才一千多，我老公也只是个临时工，我们这样的工薪家庭，在南京根本买不起房，我这才想到了侵占公司的钱。” 　　李咏梅利用自己掌管公司银行印鉴章、财务章的便利，先后私自开出50余张现金支票，并采取将现金支票不入账，篡改银行账及现金日记账的手段，将单位一百五十余万元占为己有。“先用了再说。” 　　买房后又到大商场疯狂血拼 　　靠着侵占公司巨款，李咏梅终于圆了自己的买房梦，买下了她早就看中的一套下关区的房子。付了80万元的房款后，李咏梅还从侵占的资金中拿出了25万元，对新房进行了豪华装修。其余侵占所得的几十万，都被她砸进了高档消费场所。在2008年底到2009年7月案发的几个月里，李咏梅频繁出入德基、金鹰、东方等高档商场，疯狂购物，最密集的时候,Børn trøjer，一周连续五天都去金鹰“血拼”。消费中，她动辄几千乃至上万元，最高的单笔消费金额甚至高达5万元，从名包到名鞋，李咏梅买起来眼睛眨都不眨，在营业员的眼中完全一副“阔太”的派头。 　　“阔太”生活终于到了头 　　今年7月，公司老板在一次查账的过程中，发现公司几笔账目金额不对，明明是20万的货款，银行却显示实际支出了30万，随即找来李咏梅询问，她只承认自己侵占了公司三十余万。但随着账目核查的深入，老板发现这个“老鼠洞”越查越大，她先是说拿了三十多万，后来又说是五十多万，中途还把公司账册偷回家。认识到问题严重性的老板立即向公安机关报了案。此时，一百五十多万已经被她挥霍得只剩十多万了。李咏梅在公安机关将其刑事拘留后，还天真地认为，“已经和公司说好了，只要卖了房子退赔公司损失就没事了”。殊不知，职务侵占案件是公诉案件，公司不追究不代表法律也不追究，她最终为自己的疯狂付出了沉重代价。 　　秦刑 罗双江

Nandu news reporter yesterday morning into Greek, 51 years old Hongkong man sun home in Shenzhen with a mistress, wife caught by sichuan.Wife bate, her husband was cut.Mistress angrily warning.Because of his alleged assault, husband to support his wife, claims that "self destruct tools". The doctor said genital roots were cut, although already connected hard recovery function.At present, the police have investigated, sun wife Beixing ju.His wife cruel-hearted cut husband life Shenzhen city Futian District water Wai community Li introduces, the day before yesterday morning 7 am, he was about to leave, suddenly heard the neighbor heard in scream. Not long after, a clothes messy young woman shouted: "no, homicide!"Mr. Li last show, found abnormal messy room, a middle-aged man was naked, lower body bleeding.A middle-aged woman stood aside, holding a bloody scissors, and excitedly exclaimed: "you love it, so in a flagrant way, I am not castrate you may not!"A young woman outside telephone alarm. Lee found, man's genitals were completely cut off, bloody well into the ground.The middle-aged woman found some alarm, hurried take scissors to leave.Mr. Li said, men from Hongkong, sun, 50 years old this year, live in the village water. The woman is his wife assault, from Sichuan, age about 40 years old.The simple inquiry, Mr. Sun, young woman to be his home please nanny, about 30 years old.Both sides at first just a long development, nurturing relationship. The day before yesterday evening, while his wife goes out, caregiver sleep to master bed.The day before yesterday morning, wife came home, found that two people are peace.Angry wife pulled out was ready scissors, a knife to cut the genitalia. To protect the wife went from him?Yesterday morning, reporters in Nandu Peking University Hospital urology resident found Mr. sun.Urology the relevant staff,nike shoes canada, Mr. Sun's genitals were cut 2 / 3 above, only a little foreskin. The Institute of experts in emergency operation, help its access to the genitals, but want to restore man ability, hope is slim.The day before yesterday afternoon, the police sent more cops to wards with Mr. Sun to make the record.Eyewitness recall, Mr. Sun emotion, in order to protect his wife, he insists that he is cutting himself.Yesterday morning, Mr. Sun told reporters in Nandu, not the wife off his genitals, he accidentally cut off, and his wife. For he and nanny if adultery, he with silent answer.He said is a family of contradictions and disputes, do not want to wash their dirty linen in public.For the scene, Mr. Sun are unwilling to mention.Last night, the Shenzhen police failed to respond to this matter. But Nandu journalists from authoritative sources to verify, the true, the police already the wife of criminal detention.Report: Nandu journalists into Greek welcome comment I want to comment micro-blog

(Reporter Chen Po ) 4-year-old girl Linlin (a pseudonym) crying more than hit kindergarten teacher with adhesive tape to stick to the mouth . The matter led to Linlin depression fear of school , the Linlin parents prosecution of kindergarten principals and teachers claim 3 million yuan . Recently, in the Shunyi court presided over the mediation , both parties reached a mediated settlement , nursery compensation of 10,Børn trøjer,000 yuan . the Linlin The parents charged that the NIE has opened a private kindergarten , the left is a kindergarten teacher . One afternoon , around April this year in kindergarten , crying, and left a stick her mouth to stop unexpectedly with tape . Family found immediately after the alarm . Treated by the hospital , the Linlin or performance out depression, every day, bed-wetting , fear of school mood . Shunyi the court presided over the mediation , kindergarten party to recognize their teachers inappropriate Linlin apology , compensation for medical expenses from the defendant at the same time , a total of 10,000 yuan in emotional . welcome to comment I want microblogging Recommended | hot microblogging today ( edit : SN034 )

the Southeast - Channel Guide, July 30 (Reporter Song barracks) Herald previously reported, Quanzhou Anxi County junior high school girls Linda high school boys in KTV bullying, their parents reported found to be pregnant, the man parents suspected children not admit the event. Yesterday morning, the Anxi police strongly urge the parents of Linda, the organization with Linda to Anxi County, Ming-election hospital abortion, and extract the fetal samples to do DNA testing to ferret out the suspect as soon as possible. Linda parents day before yesterday, to the Anxi county government petition, the cars cross the gate in the county government, to force the County Public Security Bureau Director Chen to come forward to solve. They demanded that the fetal DNA samples extracted in duplicate, a test, a record; abortion after fetal body can not immediately cremated,nike basketball skor, in the case has not gone through before, to send to the funeral parlor cryopreservation; the police to solve the case as soon as possible, can no longer cases are being processed Yesterday morning, the police station of the Lake, head for its commitment to achieve the points above. The doctor through a series of checks on Linda: Linda has been 26 weeks of pregnancy (six months), two intra-abdominal fetal body is already complete, higher risk of abortion, the family members must sign the agreement on the operation. Afternoon, Linda was playing oxytocin needle goes well, two days after the abortion can be done. early April this year, Linda parents still in junior high school daughter was pregnant, ask the situation after the April 4 Daily case, then, the suspect Xiang XingJu. April 13, Anxi to lack of evidence, the police changed to residential surveillance (discharge home). Xiang parents have been no argument, the police has been replied that the case is under investigation in the processing. seeing Linda increasingly raised in the stomach, police and the authorities not to come forward to deal with the matter, Linda's parents can only take her to an abortion, but each hospital too long are pregnancy unsafe refused for her abortion, and in deep sorrow, Linda, in order to achieve the purpose of This made her parents have been anxious. welcome to comment I would like to microblogging Recommended | hot microblogging today (edit: SN026)

(Reporter Wang Lina ) 45 - year-old Zhang (not his real name ) was charged with suspicion of rape to come to their representations child 's ex-wife . Yesterday,nike Schoenen Nederland, reporters learned suspicion of rape , Zhang indicted to the Haidian court . 45-year - old Zhang was his ex-wife on suspicion of rape of his ex-wife Li ( pseudonym) report . The prosecution alleges that on the evening of February 21 last year , and visit children to come to negotiate Li Li Zhang at home forced sexual relations . The prosecution believes that Zhang rape of women by violent means , on suspicion of rape . Zhang and Li Li in 2004 , met and married the following year gave birth to a son . September 2007 , the two agreed to a divorce . After the divorce, the children began raising by Li Li . In 2009 , Zhang Ming , through civil proceedings to obtain custody of the child . Bilateral agreement , Li Li enjoy visitation rights , you can pick up their children every Sunday morning and Monday morning to send their children to kindergarten . children buried in a dispute for the two hidden . Li Li said in the testimony , the incident that day, when she go to the nursery to pick up their kids , and the Zhang family dispute , and that night she came to the residence of Zhang and his talks to visit the child thing . Waiting for her to pick up the package ready to leave the residence of Zhang Ming , Zhang dragged the bedroom , followed by Zhang Mingjiang line relationship with her . trial , Zhang insisted that Li Li is voluntary and he will have a relationship does not exist in the act of rape , the couple divorced after the close contacts , and has had sexual relations . Zhang 's defense lawyer , said Zhang Yansheng , Li Li had repeatedly requested and Zhang remarried , and the drafting of the the remarried agreement , but was not accepted . The incident the same day, pick up their kids fail , Lili Meng of Health Zhang 's idea of ​​revenge . But the argument has not been confirmed by Li Li . The case is currently pending.

a female passenger early morning taxi to go home to guide the taxi driver Yang drove into an alley. Yang U-turn out, after the car collided on the request to the female passenger vehicles repairs. Was rejected after he robbed trying to shift the female passenger to the car. The female passenger was helpless to pay, and was able to escape. Yesterday, reporters learned from the West Side's Procuratorate, Yang suspicion of robbery has been prosecuted. In the early morning of January 30, taxi driver Yang in accordance with the requirements of the female passengers, head to the wide outside near the station. The female passenger, pointing to the front of an alley, Yang drove into Yang undaunted, saying that Yang only straight ahead into the alley to reach a cell door, the female passenger was shouting stop. The female passenger took out a $ 100 bill to pay for the cab money to Yang. Yang did not change, the two prepare to make a U-turn to enchant change. However, in the U-turn when the cell door, taxis and the back of a car collision. Yang off a look,Nike talon haut, found the left side of the rear bumper of the car crashed, the aggressive call female passengers to get off is proposed to repair the fare of 300 yuan, the female passenger refused to pay, Yang female passengers onto vehicles continue to ask for repair money. in the car, and Yang, the female passenger said: seat, forced her right hand twist behind and handcuffed her right hand with the illegal possession of handcuffs. The female passenger left hand holding the phone to the police, Yang thrown into the back seat of her cell phone, the female passenger was screaming for help. At this point, Xicheng procuratorate two are to work overtime the bailiff heard crying for help, rushed to the scene. Yang see someone to quickly jump from the back seat to the driver's seat, locked the door, forced to drive to escape. Yang was driving to a gas station, will open the handcuffs of the female passengers, continue to ask for her money. The female passenger to hand over $ 100, was able to escape. After the incident, the female passenger alarm to the public security organs. Yang was arrested by the police. prosecutors say violence cable car repairs suspicion of robbery West's Procuratorate prosecutor Liu Wenhui, legal protection of citizens' personal and property rights and interests , no person shall infringe the health of citizens, or to violent means to ask for looting money from others. The present case, after driving to an accident, Yang, angry from a regular taxi driver into a terrifying robbery suspects, it is worth the majority of taxi drivers take warning. Morning News reporter Wu new welcome to comment I want to comment microblogging recommended | today microblogging hot (edit: SN013)

The newspaper news (reporter Rao Li the intern Yang Xiaoxia) "don't give me her phone, he knows the heart will be painful."On the evening of 22, Changsha City Fourth hospitals to receive a special emergency patients -- 54 years old woman Li Xiu (a pseudonym) scavengers. As for his son to study, she in Changsha rubbish has been for many years.Lying in bed with Li Xiu haggard, she was initially diagnosed as pulmonary metastasis of hepatocellular carcinoma, already was late. Because the abdomen ponding's sake, she can only lie in bed silently hands against the abdominal pain.If not the kind people she dialed the emergency number, estimated that today she never came into the hospital gate. Through a night of anti-inflammatory treatment, Li Xiu has a bit improve.To see the reporter, she supports sat up."Thank you, my good points, I will go home."Li Xiu said, she is Yiyang Nanxian person, the husband is a mute, son 19 years old this year, University in Nanjing. A few years ago the body good, she one day pick up scrap can pick up one hundred or two hundred yuan.In order for his son to study, she often eat a bowl of porridge, a sweet potato cake day, province down to all the money sent back home. "I have a year without oily, see oil send vomit."Li Xiu says.According to the emergency room staff introduction,nike air max 2012, Li Xiu is still not clear own condition.At present, the hospital is active with the family contact. Admission to the time, Li Xiu was only five yuan of money, given her condition, Changsha City four hospital decided to relieve her hospitalization expenses, and contacted the Yuelu District rescue station, hope in Li Xiu's condition has improved slightly so you can drive her home to recuperate.