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Location: Beijing's Tongzhou District People's Court
Witnesses: court reporter Zhou Fen cotton
Court Focus: Management of University students have no boundaries
Recently, the university student Yang v Beijing Materials Institute violation of their right to life and health of a case in Beijing's Tongzhou District People's Court. Yang suspicion of inappropriate messages sent on the Internet, several surveys were school after suffering from mental illness. It is four years, after the second trial of first instance verdict ruling remand third trial. A whole afternoon of heated debate, the two sides is still uncompromising.
School whether the infringement, the decision by the court,http://www.scqss.cn/home.php?mod=space&uid=498557, but the case also gives us some of the questions worth pondering: how universities should educate students? School Management students have no boundaries?
Computer school was now inappropriate message "interviews"
Yang, who lives in Fengtai District, Beijing, in September 2002 admitted to the Beijing Materials Institute, due to high academic achievers, in September 2004 the Ministry of Higher ascend school undergraduate study. He rented a house to live on campus. December 28, 2006, when faced with graduation, Materials Institute found an inappropriate message on campus web message boards. Verification school found the time this message was sent at 16:43 on December 27, IP address and find a message that the computer used by the Yang in issue. Day school for Yang's home computer were examined.
Since then numerous experiences of finding the school Yang conversation, Yang said he had to go to class, not in the room,http://www.usiwakamaru.or.jp/~budda/cgi-bin/diary/apeboard_plus.cgi?command=read_message&msgnum=20/, his house on campus because many people have keys, his computer has not shut down. Talk to him three times, each time not exactly the same, talk the fourth frame when the school VCR, the audio and video recording of the conversation.
Court yesterday to play the video. But Yang's mother believes that video evidence presented to the court the defendant was changed, not the original.
Reporters in the gallery seats unseen video, but can hear the sound. Reporters heard at the beginning, in the face of a female teacher serious question, Yang also relatively calmly replied. A few minutes later, with the teacher barrage of questions, Yang slowly become incoherent, he did not say a few words, it was the teacher blocked, he began to stammer a. Later, only to hear the female teacher and another male teacher had asked him how to say, why are said and not the same as said before. The male teacher in a high voice urgent, but also quite severe.
School Students Have border management
Both sides described the whole process with a completely different vocabulary.
On the court, Yang was an agent and his parents discipline famous health law expert, Professor of Law at Southeast University Zhang Zanning. By Yang Yang said the teacher repeatedly interrogated illegally searched his home and computer. Agents said the teacher in a threatening tone, said, "You do not recognize is that you write,http://bbs.yiwoqu.com/viewthread.php?tid=472110&extra=, because it is in your computer found", "If people can not find the post that you made,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=106&page=1," "You have to honest account of problems by written materials, "" If you can not tell who made the post, it is necessary expelled, transferred to public security organ for handling. " Since Yang could not say who made the school asked him "24 hours are not allowed to shut down, to ensure that goes to; Friday, Saturday and Sunday are not allowed to go home."
Yang's mother said in court, Yang every week to go home, do not come back later on weekends, she went to school to understand the situation,http://www.glltw.com/home.php?mod=space&uid=109413, and talk to the teacher and do a recording, you can treat Yang suggested that the teacher's attitude. Court yesterday did not play a recording of her submission.
Yang agents for evidence and argument submitted by the defendant school agents were refuted one by one. He said that according to the law school students in management education inappropriate. "The school checked his residence and computer, can not be said to be searched," "school several times its patience ideological education,http://deaikeisearch.com, can not be said to be interrogated," "poor academic performance when taking into account , several exams pass, in order not to affect his school exams, was suspended during the examination of his conversation. "
In court, Yang Yang's mother tells fall ill in the process.
Yang after the holiday back in July 2007, put himself at home all day, do not go out there night at midnight to their computers smashed,nike air max 90, then more and more serious, his family and a lot of furniture were smashed. He often said, "someone follow me, kill me, I might as well just die." And finally to his mother did not know, and violent parents. No way, the family dialed 110, 120. January 7, 2008, Yang was sent to the police handcuffed Fengtai District, Beijing psychiatric hospital for inpatient treatment. June 15, 2008,http://asashina.ikeriri.ne.jp, he was severely disabled mentally disabled persons living get MCA grants.
Yang's family said in a school after the trial several times Yang, Yang had become depressed, reticent. His father is not assured, to send him to school every day.
Yang's mother said, Yang also two-door failed the final exam, in September 2007 she also repeatedly contact the school, but the school of Yang's illness and make-up cold. Schools still held hostage in his file. She asked the people ARMS responsible person said to her school, Yang confessed that some issues have not been resolved.
Yang's father, the former in meat processing as workers, mothers in a high school when the school doctor, now retired. Yang Yang's agent said there was no money for the treatment, after Yang stable condition, it will take home medication. By Yang Yang hospitalized submitted to the court and led a number of prescription drug evidence.
In court, an agent of the school, said Yang fall ill during the holiday, has left school, has no connection with the school. She said Yang was mentally ill, but the plaintiff submitted to the court records did not specify. He said that the plaintiff did not submit to the Ministry of Civil Affairs to pay what the application materials,nike air max 90, I do not know why the Ministry of Civil Affairs will get severe disability grants life to the court. The defendant's agent also said that a lot of doctor's prescription, but Yang does not necessarily ate, people often let the doctor prescribed prescriptions not buy medicine.
Yang said the school detention for the plaintiff's argument archives, the school's agent,moncler Outlet, said the school does not mean to detain his archives. After finding the average student in the unit, the school will file directly transferred to the student employment units, Yang has not found a job, so it has been placed in the school archives.
After a lapse of more than four sides still uncompromising
Yang's mother said, after January 2008, Yang was sent to a mental hospital,http://www.thiefmissions.com, she repeatedly and contact the school, but the school does not have any representation, forced her to the Tongzhou District courts violated the right to life and health complaint to the Materials Institute It claims 700,000 yuan, including Yang hospital expenses, medical expenses, transportation expenses, care and so on. Both the original defendant was also uncompromising, in September 2009, Tongzhou District Court of First Instance judgment, dismissed the prosecution.
Yang refused to accept this, and appealed to the Beijing Second Intermediate People's Court on October 23, 2009. August 13, 2010, the Beijing Second Intermediate Court in the trial court found that the facts are unclear, the grounds of insufficient evidence, ruling cassation, remand.
Remand this case, Tongzhou district court was re-organized collegiate bench trial. The difference is that with the first trial, the plaintiff Yang will claim amount from the original 700,000 yuan into a 1.7 million yuan. Yang's mother said, four years, he has been taking medicine at home, seriously ill have to go to the hospital,doudoune moncler pas cher, spend more and more, and now it does not take money home, and has borrowed more than 10 million of.
During the hearing, the judge is willing to consult the two sides mediation, the school does not agree to mediation. By Yang told reporters, after remand cases, Tongzhou district court repeatedly and school-related leadership communication. May 5, the parties conducted the first mediation organization at the judge, the plaintiff Yang will claim for compensation from the initial 700,000 yuan to 30 million yuan. Young mother says, we do not take a child to do business, the money is saving money is more money, I would not want to see their children into this kind. But because the school insisted that only agreed to pay 100,000 yuan, the gap is too big, conciliation fails,louboutin femme, this has been the trial.
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發表於 2015-11-25 19:29:40
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