24
2025-01
Plaintiff A filed a lawsuit with the court, requesting the court to: 1. Order defendants B, C, and D to jointly compensate plaintiff A for all economic losses suffered due to injury, including medical expenses, lost work wages, etc., totaling 130,000 yuan; 2. Defendants B, C, and D to bear the litigation costs of the case. Facts and Reasons: The plaintiff and defendants are neighbors living above and below each other. On June 12, 2019, plaintiff A and defendant D's child were playing downstairs. During the play, defendant D accidentally knocked plaintiff A to the ground while riding a small bicycle, resulting in an injury to plaintiff A's left arm. The hospital diagnosed it as an open fracture, incurring medical expenses of over 20,000 yuan. An assessment by a certain appraisal center determined it constituted a level ten disability. Plaintiff requests the court to make a fair judgment in accordance with the law and support the plaintiff's claims. The author represents the three defendants in this case and argues that plaintiff A's claims exceed the statutory period for filing a lawsuit, and the court should dismiss all of plaintiff A's claims according to the law. The appraisal opinion unilaterally commissioned by the plaintiff before the lawsuit is not recognized and should not be used as evidence. During the litigation process, after an assessment by a court-appointed appraisal center, it was determined that plaintiff A's injuries do not constitute a disability.
2025-01-24
24
2025-01
According to statistical data, since the 18th National Congress of the Communist Party, our country has maintained rapid economic development and long-term social stability. Currently, among the cases transferred by the procuratorate for review and prosecution, crimes of dangerous driving, theft, aiding and abetting, concealment, and fraud account for a total of 53.7% of the cases. Dangerous driving remains a common crime in judicial practice. This article analyzes the elements of the crime of dangerous driving from the perspective of criminal case filing, transfer for review and prosecution, and judgment by public security, procuratorial, and judicial authorities, providing insights into the composition of the crime of dangerous driving and current practical trends for reference.
2025-01-24
17
2025-01
Article 233 of the Criminal Procedure Law stipulates that the second-instance people's court shall conduct a comprehensive review of the facts determined and the laws applied in the first-instance judgment, without being limited by the scope of the appeal or protest. In practice, this "principle of comprehensive review" often fails to be implemented. On one hand, second-instance judges are still constrained by a presumption of guilt and have a sense of trust and closeness to the first-instance court, which is part of the same system. On the other hand, defense lawyers have not effectively explored the deeper implications of this principle to allow it to play a greater role in the second-instance process. In fact, in cases where the defendant in the first instance appeals after admitting guilt and accepting punishment, cases where the prosecutor disagrees with the protest but the victim files a civil appeal, cases where other co-defendants appeal without the defendant appealing, and cases where the defendant dies after the appeal, defense lawyers can leverage the "principle of comprehensive review" to provide more assistance to their clients.
2025-01-17
17
2025-01
With the further impact of economic development on the real estate industry, there have been reports from various regions about the "cancellation of shared areas". This article combines China's current laws and regulations with practical operations to elaborate on the development history, current status, and future expectations of the "shared area" system in commercial housing in China. It also highlights potential legal risks and provides suggestions for response, aiming to benefit relevant participants in the real estate industry (developers, home buyers, and other stakeholders).
2025-01-17
15
2025-01
On January 9, 2025, the Ministry of Commerce of China announced the results of its investigation into the European Union's implementation of the Foreign Subsidies Regulation (FSR). It concluded that the EU exhibited selective enforcement behavior during the execution of the FSR, which has harmed the competitiveness of Chinese enterprises in the EU market. This conclusion not only reveals new challenges in China-EU trade relations but also provides important references for Chinese companies on how to respond to the EU's trade barriers.
2025-01-15
15
2025-01
Analysis of the Effectiveness of Printed Wills from a Civil and Commercial Perspective
With the development of the social economy, people's legal awareness has gradually increased, especially with the promotion of the Civil Code's public awareness campaigns in various regions, bringing the Civil Code into the public and into people's homes. Many people's understanding of wills has also changed, shifting from previous resistance, taboo, and aversion to acceptance. More and more people are choosing to make wills to address issues of property inheritance and wealth transfer, and to avoid internal family conflicts, by planning in advance for the inheritance of business wealth and successors. Printed wills are one of the newly added methods of making a will. So, what legal conditions should a printed will meet?
2025-01-15
15
2025-01
Statutory inheritance, testamentary inheritance, and bequests are the three methods of realizing inheritance rights as stipulated in the Inheritance Chapter of the Civil Code of the People's Republic of China. Statutory inheritance is a method where the range of heirs, the order of inheritance, and the principles of estate distribution are directly specified by law, characterized by its legal nature and mandatory enforcement, reflecting ethical and kinship concepts. Testamentary inheritance is the act of the decedent disposing of their estate through a will, where the heirs must be one or more of the statutory heirs as defined by the Civil Code. A bequest is when the decedent gifts personal property to the state, a collective, or organizations or individuals outside of the statutory heirs.
2025-01-15
15
2025-01
In economic life, enterprises often use the "borrow new to repay old" model to extend or renew debt terms when debts are due, in order to alleviate short-term repayment pressure and maintain normal production and business activities. However, this practice may lead to other issues in the context of guarantee legal relationships, particularly potential conflicts in the priority of mortgage rights. The "Interpretation of the Supreme People's Court on the Application of the Guarantee System in the Civil Code of the People's Republic of China" (hereinafter referred to as the "Guarantee System Interpretation"), promulgated and implemented by the Supreme Court on December 27, 2021, further clarifies the application issues of the guarantee system in practice. Article 16 specifically addresses the conflicts in the priority of mortgage rights during the "borrow new to repay old" process, providing unified adjudication rules for judicial practice.
2025-01-15
10
2025-01
Recently, the WiFi 6 standard essential patent (SEP) infringement case between Huawei and the American company Netgear has attracted widespread attention again. According to the civil rulings No. 914 and 915 issued by the Supreme People's Court (SPC) in 2024 and related news reports, Huawei has achieved a decisive victory at a critical juncture in this international patent litigation. The SPC issued an anti-anti-suit injunction (AASI) in the "Huawei vs. Netgear" case, marking the first time a Chinese court has issued an AASI in the global governance of standard essential patents (SEPs). This not only signifies the rise of Chinese enterprises in global technological competition but also highlights the importance of intellectual property in the international market.
2025-01-10
10
2025-01
Recently, a heartbreaking tragedy occurred in Zhaoqing City, Guangdong: an elderly person died from poisoning after mistakenly consuming "Chuanxinlian" (a toxic herb) that was incorrectly sold by a shop. This incident not only brought endless grief to the victim's family but also sparked profound reflections from all sectors of society on the chaos in the traditional Chinese medicine market and legal responsibilities. This article will conduct an in-depth analysis of the legal responsibilities related to the wrongful sale of medicinal herbs leading to death, covering aspects such as a review of the incident, legal interpretation, evidence collection, and subsequent measures and industry warnings.
2025-01-10
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
