The man passed by the rental house, accosted the female tenant and was accused of whoring. The man cried and wronged the man to talk about business in Liu Qu building materials market. On the way, he was stopped by a female tenant and asked if he needed to repair the faucet. Liu said that we should first look at the specific situation of the faucet before we can know whether it can be repaired. After Liu came into the room to check the faucet, he said it could be repaired. Just as they were discussing the price, two policemen suddenly broke into the house and took Liu He, an embarrassed woman, to the police station.
No matter how Liu defended, the police firmly believed that Liu was a prostitute and fined her 1000 yuan. In order to get away, in desperation, Liu had to admit that he took out his only 400 yuan cash and paid 900 yuan with WeChat. Liu thought it was just a little money, and it was no big deal. But as everyone knows, when the file was transferred three years later, the unit actually told him that there was a record of whoring in the file.
This made Liu very angry, so a complaint took the public security bureau to court. Liu believes that the punishment of the Public Security Bureau has no basis, and the punishment procedure is illegal and should be revoked. Liu's lawsuit against the Public Security Bureau is an administrative lawsuit, commonly known as "people's accusation". In administrative proceedings, the parties to a specific administrative act are required to prove that there is no problem with their punishment decision. In other words, the police in this case need to provide evidence to prove that Liu's whoring and punishment are correct.
In general, to identify prostitution, the following three conditions need to be met at the same time: 1. Signs of intentional trading are reflected in the agreed time, place and price; 2. Have money to pay; Step 3 make love. However, in practice, even if there is no relationship due to reasons other than my own subjective will, subjectively, the price has been negotiated between the actors or the money and goods have been paid, including those that have been implemented but not paid, but have completed the transaction, which belongs to prostitution.
What is the result? In the trial of this case, in order to prove the legality of Liu's punishment, the Public Security Bureau provided Liu's interrogation record of the woman involved, which showed that Liu confessed to his prostitution. Liu has different opinions about the interrogation record provided by the police.
He thinks this report card is false for the following reasons: 1. The transcript of the crime was handwritten, but what the police provided to the court was printed; 2. The signature on the transcript was not signed by himself, but forged; 3. The transcript said that the fine was 1000 yuan, but the police only provided the record of 900 yuan's fine paid by WeChat, which was contradictory and could not form a complete chain of evidence. After listening to the statements of both parties, the court considered that the police's punishment decision was unclear and the evidence was insufficient, so it decided to revoke the police's punishment decision.
Liu won the case mainly because the police did not investigate and collect evidence in strict accordance with legal procedures, and the evidence could not form a complete chain of evidence. Litigation is evidence. This case tells us that in our daily life, we should pay more attention to and keep some important documents. If there is any dispute, these documents are the key to your success.
What do you think of this case? Do you think Liu has gone whoring?