论文部分内容阅读
原告的一辆装运香烟的卡车,在运输途中掉下一箱牡丹牌过滤嘴香烟,被告周某某等五人将香烟拾至附近弄内实施分割。在周主持协商后,其中三人(现无法查找)各得十条,周得十五条,徐某得五条。事发后,当地派出所根据群众提供的线索,当天找到周、徐了解情况。周断然否认此事,而徐当面承认并退还分得的五条香烟。之后,周因违反治安管理条例被公安机关行政拘留,在拘留期内承认上述事实,并将十五条香烟上交公安机关。现原告以返还财物为由起诉至法院。本案案情虽然简单明了,但在审理过程中,却在对被告行为的定性上产生了争议,出现了两种不同的观点:
A truck transporting cigarettes in the plaintiff dropped a box of peony card filter cigarettes during transport. The defendant, Zhou Moumou and other five people, picked up the cigarettes near the lane and implemented the partition. In the weeks presided over the consultation, three of them (now unable to find) each have ten, weeks have fifteen, Xu got five. After the incident, the local police station according to the clues provided by the people, find the week, Xu understand the situation. Zhou categorically denied the matter, and Xu personally acknowledged and returned the five cigarettes gained. Afterwards, Zhou was detained by the public security organ for administrative detention in violation of the administrative regulations on public security and during the detention period, he acknowledged the above facts and handed 15 cigarettes to the public security organ. The plaintiff now sued the court on the grounds of returning property. Although the case was simple and clear, during the trial, there was controversy over the qualitative nature of the defendant's conduct. Two different views emerged: