As the old saying goes, "Parents love their children deeply." Today, as people's lives become increasingly affluent, and against the background of the popularity of families with low birthrates and the popularization of quality education, parents have the ability to provide more

As the old saying goes, "If parents love their children, they will have far-reaching plans." Today, as people's lives become increasingly affluent, and under the background of the popularity of families with low birthrates and the popularization of quality education , parents have the ability to provide more help for the growth and development of their children, and are more willing to dedicate all resources and wealth to their children. , just to make the child's future smoother. But as everyone knows, individual criminals are keeping a close eye on this mentality of parents, and work hard in various recruitment activities, laying carefully disguised traps, waiting for parents to fall into their traps.

(pictures from the Internet)

case situation

After the written test for the 2020 Guangxi Civil Service Recruitment Examination ended, Ms. Yao’s family entered into an anxious wait. Ms. Yao's son also participated in the recruitment examination that year, and his results were not ranked high, but according to their thinking, there is still hope for "giving it a try". She couldn't bear to see her son's efforts in preparing for the exam go to waste. She also felt that the unit and position he applied for this year were in line with the expectations of her son and the whole family. Ms. Yao decided to "work hard" on her son's behalf. She heard rumors in the society that through "internal relations", candidates who were slightly behind in overall score ranking could "counterattack" and squeeze out candidates with leading rankings and be admitted with priority, so she actively asked if anyone could help her connect. In October of the same year, Huang appeared in front of Ms. Yao after being introduced by someone. Huang claimed that he could help Ms. Yao "make connections", get through the leaders of the recruitment department or the employer, and use "internal operations" to allow Ms. Yao's son to "reasonably and legally" reject the candidates ranked in front of him, and he was successfully admitted to the employer. Admitted, but the related costs need to be borne by Ms. Yao. Ms. Yao, who had little understanding of the civil service recruitment process and a serious lack of legal awareness, believed Huang's lies and agreed without hesitation. Starting from October 4, 2020, Ms. Yao continued to transfer money to Huang's WeChat and designated bank accounts in accordance with Huang's request, for Huang's use for "running relationships" and to subsidize his daily "errands" expenses. As a result, when the list of civil servants was announced that year, Ms. Yao's son was still unsuccessful. At this time, Ms. Yao felt that she had been cheated. At Ms. Yao's urging, Huang returned part of the money and then disappeared. Ms. Yao had no choice but to seek help from the judicial authorities. In May 2022, she submitted a complaint to the Qixing District People's Court of Guilin City. Since she knew from the beginning that the act of entrusting someone with a relationship was not honorable, when she filed the lawsuit, Ms. Yao deliberately fabricated the cause of the lawsuit as a loan dispute in an attempt to hide her fault that caused the consequences of being deceived. But after the judge first read the case file, he discovered clues. After careful questioning, Ms. Yao had to tell the truth. The judge judged that there was no fact of borrowing in this case, but a dispute over unjust enrichment arising from the conspiracy of the plaintiff and the defendant to obtain illegal benefits. In June of that year, the case was heard in court in accordance with the law. During the trial, Ms. Yao described all the bitterness of her "debt collection" from Huang. "Mr. Huang, I have received a total of 89,000 yuan from you for not helping my child with errands..." "I assume you helped me with the rest by helping me pay for dinner, cigarettes, and alcohol..." "I also recognize that we are loan sharks. It cost more than 50,000 yuan in interest..." Since the motives for this transaction were impure, after Ms. Yao found out that she had been deceived, she could only ask Huang to return the money in a low voice, but Huang got it right and Ms. Yao did not dare to publicize it. Not only did he perfunctory and delay Ms. Yao's request, but he also told Ms. Yao without hesitation how he squandered the "public relations money": treating guests to dinner, investing in business, having fun and entertainment, and even loaned out 110,000 yuan with a wave of his hand... Ms. Yao said that while Huang spent a lot of money, he continued to ask her for money in the name of "looking for connections." Until the civil servant admission list was announced, she had made 15 transfers to Huang, with a total amount of 219,900 yuan.After ascertaining the facts and verifying the evidence, the court finally made a judgment and determined that the property transactions established between Ms. Yao and the defendant Huang through civil servant recruitment constituted "violation of public order and good customs" as stipulated in Article 153 of the "Civil Code" 's civil legal act ", and therefore does not have civil legal effect. The money Huang obtained from Ms. Yao was unjust enrichment. After deducting the refunded part, the judgment was made that the remaining 130,900 yuan should be returned; the plaintiff Ms. Huang There was subjective fault in the occurrence of this case, and his request for payment of interest is not supported. The judgment has now taken effect.

(Pictures from the Internet)

The judge reminded

"The parents have far-reaching plans" comes from "Warring States Policy: Chu Long Talks about the Queen Mother Zhao", the main idea is actually Zhao Guo The loyal minister Chu Long persuaded the Queen Mother Zhao not to treat her son because of her mother His pampering helped Chang'an Jun escape the national responsibilities that he should bear as the crown prince. Our country's civil servants are essentially "public servants of the people" and should shoulder the responsibility of setting an example for the people. As future family members of national civil servants, parents of candidates should also set an example and guide their children to be honest, upright, and accomplished people. Only in this way can they be strict with themselves in performing their duties in the future and avoid taking wrong paths. Otherwise, the plan will not be far-reaching, but the harm will be far-reaching. The 2022 written examination for the recruitment and selection of civil servants in Guangxi has just concluded. The court reminded candidates and parents that the recruitment and selection of civil servants in my country is organized by the national or provincial (autonomous region) personnel departments. The process is strict, fair and transparent. Do not trust trust relationships or use back doors. Wait for social rumors to avoid falling into traps.

Legal Tips

"Measures for Handling Violations of Disciplines and Violations in Civil Servant Examination Recruitment" stipulates that those who collude, participate in, organize cheating, impersonate, take the exam for others, or bribe others to take the exam will be disqualified from the exam and banned for life. The "Criminal Law Amendment (9)" stipulates that anyone who takes the place of others in the national examination work or allows others to take the exam on his behalf shall be sentenced to criminal detention or public surveillance, and shall also or solely be fined. Anyone who organizes cheating or provides help for others to cheat shall be sentenced to fixed-term imprisonment of not more than seven years , short-term detention, surveillance, and a fine. "Criminal Law of the People's Republic of China" stipulates that anyone who steals or assumes the identity of another person to obtain civil servant recruitment qualifications on his behalf shall be guilty of the crime of impersonation and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be fined. If a public official participates in the above-mentioned acts, or receives benefits to help others commit the above-mentioned acts, in addition to committing this crime, he may also commit other crimes such as abuse of power and bribery. Depending on the specific circumstances of the crime, he may be punished with one felony or several crimes. And punished.

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Source | Guilin Qixing District People's Court