A man, Xu, walked into a foot massage shop in his spare time one day. He was attracted by the atmosphere of the store and decided to try such a service, so on the recommendation of the owner, he chose *** Tan to provide him with services.
Xu and Tan talked happily during the pedicure. However, as the exchange deepened, Xu suddenly made a bold request, asking Tan if he would like to have a relationship with him, and said that he would give her enough compensation. Faced with such a proposal, Tan chose to agree after thinking about it. So there was a relationship between the two. Afterwards, Xu paid 398 yuan to Tan and left the foot massage shop in a hurry.
However, two months later, the foot spa shop was reported and investigated.
During the investigation, ** flipped through Tan's transaction records and discovered Xu's existence. Subsequently, ** summoned more than 150 people involved in the matter to the case one by one, and Xu was also among them.
After Tan's identification, Xu was identified as ** behavior, so he was punished by administrative detention for 10 days. ** The "Administrative Punishment Decision" and the "Notice of Administrative Detention of Family Members" were also issued, and Xu and his family members signed them.
However, Xu was very dissatisfied with this punishment decision. He believes that two months have passed since the incident, and it is now past the statutory limitation period to deal with it. In addition, Xu also believes that he has only met Tan once, and he has not seen him again for more than two months, and it is impossible for Tan to recognize him at a glance. Therefore, he believes that this is an abuse of power by the public security organs to allow Tan to identify others at will.
As a result, Xu decided to take the public security organ to court and ask for the revocation of the punishment decision. He believes that his rights and interests have been infringed upon, and the handling by the public security organs is unlawful.
So, from a legal point of view, can Xu win this lawsuit?
First of all, we need to be clear that ** is an illegal act in our country, no matter how long it has passed, as long as it is found and confirmed, it will be punished by the corresponding law. Second, when the public security organs handled the case, they did so in accordance with the law and did not abuse their powers. As a witness, Tan had the right to identify Xu's actions, and her identification was also corroborated by other evidence.
Therefore, legally speaking, it is difficult for Xu to win this lawsuit. His behavior has constituted **, and the handling of the public security organs is also legal and compliant. The lawsuit may make Xu realize his mistake and serve as a warning to his future behavior. At the same time, it also reminds the general public that no matter when and where, they must abide by laws and regulations and do not touch the bottom line of the law.