#文章首发挑战赛#
Recently, there was a case of a woman who was defrauded by finding someone to apply for a doctor's license on behalf of her, which has attracted widespread attention. This case reflects people's intricate social relationships and anomie behaviors, and also makes people think deeply about the evil consequences of "shortcuts". It is hoped that through this article, readers will gain insight into the nature of such cases, raise awareness of prevention, and reflect on how to rebuild social ethics.
1. The female medical staff found someone to apply for a doctor's license on behalf of her, but the other party died halfway through
Ms. Yuan, a medical technician at a city CDC, has worked for many years and has the idea of becoming an attending physician. She contacted Mr. Zhang's fellow countryman Chen through his old classmate Mr. Zhang, and agreed that Chen would help apply for a doctor's license, etc., and the transaction was sold at a price of 150,000 yuan. Ms. Yuan first paid 75,000 yuan through Mr. Zhang. A few months later, Chen died of illness. Ms. Yuan asked Mr. Zhang for a refund, but was refused.
2. Female medical staff went to court, and the first-instance judgment was that each of them should bear 50% responsibility
Ms. Yuan took Mr. Zhang and Mr. Chen's wife, Ms. Li, to court, demanding a refund of 75,000 yuan. After the trial, the court held that although the certificate was obtained by illegal means, both parties knew that it was illegal and were at fault. According to the Civil Code, if the fault is comparable, they shall bear the corresponding responsibility. Therefore, it was decided that Chen's wife, Ms. Li, should bear the responsibility of 37,500 yuan.
Both Ms. Yuan and Ms. Li appealed against the verdict. Ms. Li said that she was unaware of the matter and should not be held responsible. Ms. Yuan claimed that she and Chen did not directly establish an entrustment relationship, the contract was invalid, and the money should be refunded in full.
3. The judgment was upheld in the second instance, and the reasons were more sufficient
The court of second instance held that although the certificate handling was illegal, Ms. Yuan did establish an entrustment relationship with Mr. Chen through Mr. Zhang. 75,000 yuan is unjust enrichment for Chen and should be returned. According to the inheritance law, Ms. Li, as the sole heir, has to pay off Chen's debts within the scope of the estate. Therefore, Ms. Li should refund 75,000 yuan.
This judgment is more fair and reasonable. First, the existence of the entrustment relationship was confirmed, and Ms. Li should not be exempted from responsibility, secondly, the responsible subjects were clearly divided to avoid prevarication, and finally, the amount of refund was appropriate, which not only stopped the illegal acts, but also took care of the rights and interests of the heirs.
Fourth, there are differences in court judgments in similar cases
Similar to this case, there is also a case in which Wang found someone to take the examination to obtain a doctor's qualification certificate on his behalf. In that case, the court only ordered the defendant to return Wang's registration fee of 1,000 yuan, but did not support Wang's claim for a refund of all intermediary fees.
The main reason for this difference lies in the fact that the court in Wang's case found that the contract was completely invalid, and according to the provisions of the jurisprudence of "management without cause", it only needs to return the necessary expenses incurred for the benefit of the other party. In this case, it was determined that the fault was offset and the corresponding liability was borne.
Of course, due to the complexity of the facts of the case, the difference in judgment is also reasonable. But the core principle should be the same: stop violations and punish those involved.
5. Problems and countermeasures in handling certificate cases
The emergence of such cases reflects the psychology of people to participate in illegal acts and exchange of benefits. The root cause of this lies in the lack of a moral bottom line and a weak sense of the legal system. So, how can this phenomenon be curbed?
First, severely punish the black industry chain of the agency certificate. This is a hard measure to crack down on illegal activities and cut off the money channels for illegal crimes. Second, strengthen education on professional ethics. Guide people to establish a correct concept of success and establish bottom-line thinking. Third, improve the legal liability system. Increase the cost of violating the law and form a deterrent.
Only by systematically constructing a regulatory system and making it "necessary to investigate the law" can we fundamentally solve this social cancer.
6. Netizen comments
Some netizens said:
I have to admire Ms. Yuan's courage to spend 150,000 yuan to find someone to apply for a document. This is undoubtedly a typical profit-maximizing behavior, trying to achieve the goal of career advancement. From her standpoint, the contract did not materialize, and of course the money had to be returned. But what she did was illegal after all and incompatible with social morality.
Some netizens also said:
We cannot simply condemn Ms. Yuan, her behavior also reflects some problems in the current society. For example, the unreasonable employment mechanism, the obstruction of personal development channels, and so on. If our system and environment could give her more legitimate options, she might not have gone down the wrong path.
Some netizens said:
Regardless of the circumstances, individuals are always responsible for their own choices. Illegal or even criminal acts can never be excused. If everyone uses the environment or imperfect system as an excuse to do something illegal and unjustifiable, how can society still operate and develop?
To sum up, this case reflects some of the cruxes of the current society. We should think about problems from multiple angles and assume our own responsibilities, which is the fundamental way to truly solve problems and promote social progress.
7. Summary
This paper analyzes the essence of certificate cases by analyzing typical cases. The occurrence of such cases is not only related to environmental factors, but also to the level of personal morality.
In order to fundamentally reverse this chaotic situation, it is necessary to promote reform in an all-round and multi-angle manner. It is necessary not only to intensify the punishment of cases and severely crack down on illegal acts; it is also necessary to strengthen the construction of systems and create a clean and upright development environment; and it is also necessary to promote positive energy and enhance the moral cultivation and bottom-line awareness of the whole society.
Only when the forces of all parties form a joint force and let the sunshine of honesty and justice dispel the haze can the spring of social development be accelerated. Let's work together to advance this great cause!
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