20
2025-02
Franchise | Disputes and Determination of Refund of Franchise Fees After Contract Termination
The franchise fee is also referred to in the relevant contract as "brand usage fee," "agency fee," "operational guidance fee," etc. It is the most important franchise cost paid by the franchisee to the franchisor. After the commercial franchise contract is terminated for various reasons, both parties often dispute the return of the franchise fee. This article elaborates on how the courts have recognized this dispute in judicial practice and the basis on which the courts determine the amount of the franchise fee to be returned.
2025-02-20
20
2025-02
In order to beg, Sun intercepted vehicles crossing the road, catching the drivers off guard. During the process of avoiding him, a vehicle lost control, resulting in one death and two injuries. A court in Nanjing held that Sun's act of stopping cars to beg on the road, while only 20 meters away from oncoming traffic, and suddenly waving a cane, caused the driver to have an accident while trying to avoid him. Sun's negligence created a dangerous situation, leading to a traffic accident. There is a causal relationship between his actions and the consequences, constituting the crime of causing a traffic accident, and he was sentenced to three years in prison.
2025-02-20
18
2025-02
Perspective | Determining the Location of Infringement in Third-Party Shipping Network Sales
The infringing product in question is sold online, where the online seller only purchases the corresponding goods from a third party after the buyer submits an order, and instructs the third party to directly ship the goods to the buyer. Is the shipping location subject to infringement? Regarding online sales, it is widely accepted that the delivery location should not be used as a jurisdictional connection point for infringement cases against the online seller. However, whether the shipping location can serve as a jurisdictional connection point for the seller in infringement cases remains controversial. The Supreme People's Court has released a weekly case, case number (2023) Supreme Court Civil Jurisdiction Final 170, in which the court clearly supports the idea that the third-party shipping location can be used as a jurisdictional connection point. One of the key points is whether the shipping location is determined by the will of the online purchaser.
2025-02-18
14
2025-02
On February 13, Xin Hui, the Secretary of the Party Leadership Group of the Yishui County Justice Bureau, along with members of the leadership team including Deputy Director Wang Ruijie, Director of the Political Office Liu Ping, and colleagues from several law firms in Yishui County, visited the Zhongcheng Qingtai Jinan Office for a study exchange and signed a friendly cooperation agreement. Geng Guoyu, Secretary of the Party Committee and Director of the Zhongcheng Qingtai Jinan Office, Du Wentang, Committee Member and Director of the Management Committee, and Shi Guangbo, Committee Member and Deputy Director of the Management Committee, warmly received them.
2025-02-14
14
2025-02
In the second-hand car trading market, the lack of transparency often puts consumers in a disadvantaged position. Buying a tampered odometer car is undoubtedly a nightmare for many consumers. They initially believe they are purchasing a second-hand car with normal mileage and good condition, only to later discover that the odometer has been manipulated, and the actual condition of the vehicle is vastly different from their expectations. When consumers realize they have bought a tampered odometer car, they often turn to the "Consumer Rights Protection Law" as a tool to safeguard their legal rights. In such cases, what conditions must be met to apply the "refund and triple compensation" provision in the Consumer Rights Protection Law? This article will explore various aspects such as the parties involved in the transaction, the identification of fraudulent behavior, and the burden of proof, and will summarize and categorize the prerequisites for claiming "refund and triple compensation" in the sale of tampered odometer cars, in conjunction with typical judicial cases from practice.
2025-02-14
13
2025-02
Perspective | New Provisions and Understandings of "Significant Imbalance" in the Civil Code
The new provisions regarding "obvious unfairness" in the Civil Code represent a further improvement of China's civil law system. This article aims to compare the differences between the old and new laws, analyze the elements constituting "obvious unfairness," and the applicable situations, in order to provide theoretical references for judicial practice and promote social fairness and justice.
2025-02-13
12
2025-02
Perspective | The Legal Dilemma of Mineral Rights Overlap and Comprehensive Governance Pathways
The legal definition of mineral rights encroachment originates from Article 33 of the Mineral Resources Law, which refers to the situation where proven mineral resources cannot be exploited due to the implementation of construction projects. To constitute a legal encroachment, two statutory requirements must be met simultaneously: first, the construction project must be classified as a "national major infrastructure or public welfare project"; second, the encroachment area must have "irresistibility". However, in 2022, the number of disputes over encroachment on mineral rights related to national construction projects reached 1,437 cases, nearly tripling compared to 2018 (according to the China Mining Association's "2022 Annual White Paper on Mining Rights Disputes"), exposing systemic flaws in the implementation of the system. The essence of this conflict lies in the temporal and spatial mismatch between land development rights and mineral resource development rights. The "Assessment Report on the Current Situation of Land and Space Development and Protection" released by the Ministry of Natural Resources in 2023 shows that the overlapping index of mining rights per square kilometer of land in China has surged from 0.37 in 2000 to 1.24 in 2022, indicating that most mining areas are at risk of being covered by construction projects. How to safeguard the legitimate rights and interests of mining rights holders while ensuring the construction of major projects has become a key issue in advancing the modernization of national governance.
2025-02-12
10
2025-02
As the aging population in our country intensifies, the number of workers who have reached the legal retirement age but have not legally enjoyed basic pension insurance benefits is gradually increasing. The employment issues concerning this group have become an important topic in the fields of labor law and social security law. This article will analyze and study the relevant legal issues arising from the actual employment of this group.
2025-02-10
10
2025-02
The term "low-altitude economy" has long been proposed, but the gathering and development of the industry require time and space to brew. The widely recognized first year of the low-altitude economy is the recently passed year of 2024. We can see that the national and various provincial governments have intensively issued policies and legal documents related to the low-altitude economy, and many draft opinions awaiting promulgation are on the way. In 2024, the national two sessions for the first time included "low-altitude economy" in the government work report; on December 27, 2024, the Development and Reform Commission's Department of Low-Altitude Economy officially made its debut. In Shandong, on November 2, 2024, the Shandong Provincial Government Office issued the "Three-Year Action Plan for High-Quality Development of Low-Altitude Economy in Shandong Province (2025-2027)", viewing the low-altitude economy as a representative of strategic emerging industries and new productive forces, and formulating an action plan to promote high-quality development of the low-altitude economy. Guangzhou directly issued local regulations, the "Guangzhou Low-Altitude Economy Development Regulations", which will be implemented on February 28, 2025. This is a looming "three-dimensional space" industrial revolution that will transcend the public air transport phase and enter the era of low-altitude economy in everyday living spaces.
2025-02-10
10
2025-02
In economic life, when a debtor is unable to repay a due debt, they may negotiate with the creditor to settle the debt through a method known as "debt repayment through rent." For example, the debtor may rent out their property or other real estate to the creditor, using the exemption or offset of rent to repay the debt, or by collecting rent to offset the previously owed debt. This situation is common in real estate financing, corporate financing, personal loans, and other transactional activities, as it allows the debtor to quickly resolve debt disputes and delay repayment.
2025-02-10
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
