Early in the morning, a local police in Zhejiang received a report that a girl lost 50000 yuan in her rental house! 50000 yuan is not a small amount, let alone for young students, the police will soon be at the scene of the crime.
The police learned that the 50000 yuan was wrapped in an envelope, which was placed at the head of their bed, and now the envelope is full of ghost money. Now we all use WeChat and Alipay, and seldom use cash. So where does the money come from and what is it used for, the girl refused to say for a long time.
[Case Review]
The girl who lost the money is Xiao Li, but why doesn't she want to say that she has 50000 yuan in cash? After repeated inquiries, the police learned that the money was a monthly living allowance provided by a local boss. What the hell is going on here?
From the beginning, Zhao is not a big boss. At the age of 44, he has no fixed residence in this city, no stable job, is single, and has no family. I loaf around every day and do odd jobs occasionally. I don't have much savings.
After getting his salary that day, he began to spend time and drink. He heard his friends say that there are many beautiful women in the university town, which can feast his eyes on. So he went to the bar near the university town that night.
When he went there, he purposely cleaned himself up, changed a proper suit of clothes, sprayed hair gel, and sat there alone, looking like a dog, observing people coming and going from time to time, looking for his prey today.
Coincidentally, Xiaoli is also in that bar. She is beautiful but has no money. She wants to live a more luxurious life and wants to find a rich boss to support herself.
At this time, Xiaoli found Zhao, who was sitting alone at the bar. Xiaoli's family was ordinary, and she could not afford many expenses during her school years. Living in a big city, she saw too much of the extravagant life and wanted to become rich. Even in order to get money quickly, she had the idea of doing sex trade.
At this time, she saw Zhao, who was dressed like a boss, and she got excited. She hoped that she could rely on such a boss to get money, so she wanted to approach him. The two men had different ideas and soon began to talk. Zhao was also an old Jianghu girl and knew what kind of girl Xiao Li was.
But Zhao had no money and was unwilling to spend more, so he began to boast about his rich life. Not only bragged about her good living conditions, but also kept praising Xiao Li, saying that she liked her very much, wanted to associate with her, and was willing to lead her to enjoy life together.
Xiao Li was very excited and fell into a trap. If she could get close to a rich man, she would have long-term living expenses. They talked late at the bar. Zhao also put forward his idea of keeping Xiao Li, staying with her all the time, and promised to give her 50000 yuan a month for living expenses. Xiaoli was very excited. She thought that she had found the right person. Fifty thousand yuan a month was not a small amount, so she half believed and asked to see the money first and then promised. Zhao agreed and said that he could go to the bank to withdraw money immediately.
In the early morning, Zhao and Xiao Li left the bar together and went to the ATM first. Xiao Li saw the red banknotes in the envelope. So they went back to Xiao Li's rental house together, and that night they had a night of trouble. In the morning of the next day, Zhao left to deal with affairs, and soon returned, but never came back.
Xiaoli saw that the envelope had been at the bedside all the time, and she had no vigilance. Until that night, Zhao had not come back, and she could not contact him. She then remembered to look at the money in the envelope, but after opening it, all the money became ghost money!
Xiaoli was both sad and angry. After thinking about it all night, she felt that 50000 yuan was already her own and had been lost in vain. When I called the police early in the morning, there was the first scene.
Whether Zhao is a theft, should Xiao Li be compensated? Does Zhao constitute a crime of rape?
[Interpretation by case]
Sex trading is illegal in China, and the so-called keeping behavior is not defined in law. Therefore, Zhao's "keeping fee" is only a verbal promise of 50000 yuan in cash, and the sex trading between Zhao and Xiao Li is against public order and good customs. Such an agreement is invalid and not protected by law, so Zhao's swap is just to take back his own money, There is no theft.
Does Zhao constitute a crime of rape?
According to Article 236 of the Criminal Law of the People's Republic of China, whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment.
However, the sexual behavior between Zhao and Xiaoli is totally a voluntary sexual relationship and sexual transaction between the two parties. Zhao did not force Xiaoli or threaten Xiaoli with violence, so Zhao cannot be convicted of rape.
There is no punishment in this case. Even if Xiaoli is wronged again, her money is illegal. The idea of getting money through sex transactions is wrong, and it is not feasible to get money without work.
Although there is no punishment, they are still subject to moral criticism. If the society needs a good atmosphere, it needs the existence of people with integrity and correct values.
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