In 2008 20 typical cases of civil disputes

Fairness and justice, is the highest rule of civil law, is the basic criterion in civil society civil behavior. Review2008A typical civil case in court, I see is the parties to the equity, justice of constant pursuit, see is a judge on the continuous stretch fairness, justice. In line with the fair, justice, it meets the basic requirement of civil society; do not meet the requirements of fairness, justice, the basic rules and civil society are incompatible. The ideal state of civil society is a harmonious society, its core value is fairness and justice. Selection of judges of this year judgment20A typical civil case, is the embodiment of civil society on fairness, justice concept expression directly.
Professor and director, center of civil and commercial legal science research of Renmin University of China Yang Lixin
Beijing"Cyber Manhunt"The first case was sentenced to tort website
　　□The case
Faye Wong to the court said: with Jiang Yanyu2006Years2Month22Day to get married, because the two sides personality differences and other reasons, marital discord.2007Years6Month, the feelings of both sides further deterioration,10Month made a divorce.12Month29Day, Jiang Yan killed jump off building, living on her own blog, called derailed by her husband to Dutch act. Since the2008Years1The month begins, published "the banner of network24Floor of the Dutch actMMSpecial last diary ", the Faye Wong name, photo ID information, address, work units and other full disclosure, give him and his family life, work, cause bad, seriously affect the reputation. Zhang Leyi in the registration website"Migratory birds fly north"Published the "pathetic" and other articles in the heart, to Faye Wong and his family to insult, libel. Registration management Hainan Tianya Online Network Technology Co., Ltd. Tianya virtual community network appeared "Hello, I am ginger rock sister" one post, concoctive fact, Faye Wong for libel. Subsequently, the netizen launch"Human flesh search engine"Will Faye Wong, and called the third"The East"Personal information to reveal to the public, Faye Wong and"The East"Resigned. Then, some emotions excited netizen and find Faye Wong parents home, Wang in the doorway to write"Unscrupulous Wang, bisixianqi"Statement. Therefore, Faye Wong will be the3Party brings a lawsuit, asked to confirm the tort, compensation for their loss of wages7．5Million and mental injury solatium6Million yuan.
Beijing Chaoyang District court, according to the contents of the court Faye Wong confession and Faye Wong and Jiang Yan's parents can confirm that Faye Wong has an agreement. Jiang Yan's diary shows, she therefore suffered great damage, under great mental pain. Therefore, Faye Wong's actions not only violate the law, but also deviates from the moral standards of society. However, the banner of network,"Migratory birds fly north"Website disclosure parties Faye Wong real identity, so that the public is not specific to knowledge, expand the event propagation range. Netizens use is the disclosure of information"Cyber Manhunt"To search for more, Faye Wong's personal information, even had the door post, the brush to write insulting slogans such behavior, the social evaluation of Faye Wong's reduced, reputation infringement. According to judgment, Daqi and"Migratory birds fly north"Site managers violated the plaintiff's right of privacy, the former remove infringing content, make an apology, compensation for mental solatium3000Yuan, notary fees683Element; the latter remove infringing content, make an apology, compensation for mental injury solatium5000Yuan, notary fees684Yuan; company in Faye Wong sued Tianya deleted will be involved in the post and reply, its regulatory obligations, that it does not constitute infringement; because there is no evidence that Faye Wong is fired, the loss will not support for lost wages. The court issued a judicial suggestions to the Ministry of industry and information technology, the Department of"Cyber Manhunt"Some new things to guide network.
　　□CommentThis case is known as"Cyber Manhunt"The first case, a lot of people say that this decision has a leader role. This statement does not speak in superlatives. I choose will be the case as a case this comment, as the first case, of course, this factor, but also because of being drafted "draft" tort liability law also stipulates the relevant content. Therefore, to regulate the network behavior, be imperative. "Draft" tort liability law only stipulates a, is also very useful.
This decision is objective, it is confirmed that Faye Wong had an affair during the existence of marriage relationship with Jiang Yan, Jiang Yanzhi is indeed related death. Therefore, in the moral and legal denounced Faye Wong, is completely according to the. However, in accordance with the law, citizens enjoy the right of privacy, right of reputation, has nothing to do with the social and public interests of the private information, private activities and private spaces belong to the right of privacy protection category, without my permission, others shall not spying, published or publicly, not to insult others. Faye Wong is a citizen, is entitled to privacy, the right of reputation, the protection of the law. Any person who violated his right to privacy, the right of reputation, shall bear tort liability. In this regard, the law gives equal protection for anyone, not because of what his shortcomings or mistakes, and personality discrimination, be unequal treatment.
Because of this, the website also has on others privacy, right of reputation and respect, shall not be infringed upon the inviolability obligations, website to publish the privacy of others, he shall bear tort liability. The problem is, the website shall bear tort liability should be based on what kind of rules, can distinguish between tort and well intentioned criticism boundaries? In the "draft" in tort law, the basic rule is certain: the network service provider knows the network user commits a tort through its network services, and fails to take necessary measures, shall bear joint and several liability with the network subscriber; network user implementation of infringement of the network service, the victim has the right to request to delete a network service provider shielding infringement, content of the notice; the network service provider notified, fails to take necessary measures in a timely manner, jointly and severally liable for the losses with the network subscriber. This provision is still a draft, but determining the site of tort liability agreement. Therefore, the network service provider for self published articles, must have real and not infringe upon the right of privacy, right of reputation obligations; for Internet users published articles, knowing infringement but not to take the necessary measures, as well as the victim to delete, shielding infringement, the contents of the article and fails to take necessary measures, are shall assume the tort liability. Chaoyang Court two sites constitute infringement, the infringement to delete the site does not constitute infringement responsibility, meet the recognition site of tort liability is based on consensus.
Don't make a mistake, there is no need for fairness and justice? Obviously not!
Qinzhou personality discrimination violates the equal right to employment
　　□The case
Zhou Long2007The Guangxi University graduate.2006Years12He attended the school held a job fair, and signed the employment agreement with the defendant company.2007Years7Month31Day, the defendant because of the week long suffering from"Hepatitis"And notify the"Not accepted". Zhou Long family poverty, funded by parents and student loans to complete their studies, this time because the company broken, not only to lose their jobs, and which missed its selection of the best opportunity of employment.2008Years4Month, week long times and the consultations fail, he will prosecute the defendant, the defendant requested confirmation not hired illegal, a violation of the plaintiff's equal right to employment, shall bear the corresponding liability for breach of contract, and compensation for the loss of the spirit.
Guangxi Qinzhou city Qinnan district court trial think, equal employment rights of workers, the Ministry of labor and social security "on the maintenance of the working rights of HBV carriers opinions", for the protection of the employment rights of hepatitis B surface antigen carriers. The defendant the plaintiff is hepatitis rejected, in violation of the above provisions, a violation of the plaintiff's equal right to employment, the employer the plaintiff compensation for mental solatium judgment1Million yuan.
　　□Comment
The right to equal employment right of labor, is the concrete manifestation of the right of personality. The Constitution stipulates that citizens enjoy the right to work, it is a constitutional right. This right is reflected in the personality right law, displays for the equal right to employment.
We in the drafting of "civil code•Personality right law "draft expert advice, wrote this right, the nature of right of personality. Equal employment right is infringed, infringement of personality right, constitute infringement, should bear tort liability.
Hepatitis B surface antigen carriers this"Disorder"A lot of harm and loss of employment opportunities for youth, how many! There is even a lot of love in the youth and parents and other relatives of compulsory intervention, the loss of the right to pursue happiness, caused numerous tragedies of life.
The plaintiff in the case of Zhou Long is the victim of this. His face, not only deprived him of his employment opportunities, but also missed the optimal timing of other ways of employment.
I as a university teacher, I to his sympathy, for he called. The important significance, is to ensure the equal right to employment is a personality right, any enterprise with the"Small 3 this world"For the reason to reject the workers, would constitute a violation of equal employment right. Confirmation of this case the defendant constitutes a tort liability, for the week long please back to a reasonable, at the same time, also similar to the other Zhou Long"Small 3 this world"Workers claim the justice and fairness. Therefore, the judgment is commendable.
Xi'an teleplay plot false infringement of reputation of the dead
　　□The case
The TV series "Xi'an Incident" by the Xi'an factory and CCTV Art Center in film and television department,2007Years12Months in the CCTV broadcast TV channels. In the description of the real characters KMT generals Feng Qinzai, have destroyed mine, bribery Qian Dajun, readily shot Maj. Gen. Jiang Tianzheng plot. Feng Qinzai was the Kuomintang army general, early accession to the alliance, following Sun Zhongshan, to join the revolution in Xin Hai, Hu Guo Yuan Shikai, war and eight years of the Anti Japanese War of northern expedition,1949President of North China"The total suppression"Deputy commander in chief, with commander in chief Fu Zuoyi in Peking peace uprising. Feng Qinzai's grandson, Feng Jining saw the play, think "Xi'an Incident" malicious fabricated the plot, causing serious damage to the reputation of Feng Qinzai, asked the defendant to stop infringement, elimination of influence, restore the reputation, apology.
Beilin District Court of Xi'an city after investigation and evidence, that the "incident" in the relevant section of Xi'an three description of Feng Qinzai had no evidence to prove that is the historical facts about Feng Qinzai, the money big Jun bribery section, put Feng Qinzai's personality, violation of Feng Qinzai's reputation, so the decision about Feng Qinzai Xiying factory stopped "incident" in Xi'an bribery plot, and Xiying factory bribery plot in a national newspaper to eliminate the influence of Feng Qinzai, and to restore the reputation, Feng Jining apology.
　　□Comment
The infringement of right of reputation in literary works, including against the reputation of the dead, can constitute infringement responsibility, have already. But in the film "Huo Yuanjia" whether an infringement lawsuit, after the Beijing first intermediate people's Court of final judgment does not constitute infringement, some people doubt, therefore, the case will constitute a tort is also in doubt. In the works of historical literature, the historical figure description, not must be completely confined to historical reality, absolutely not for the performance of the theme and appropriate fictional description. Some movie "Huo Yuanjia" description does not historical facts, fiction is appropriate for a screenwriter and director in order to show the theme of the work, but as long as the description does not the characters personality smear, no damage to their reputation, therefore, will not be able to describe the fact is not true and identified as a tort. Therefore, that movie "Huo Yuanjia" did not constitute Huo Yuanjia's reputation, is based. But in the case of different. Xi'an "incident" in describing Feng Qinzai's plot, concocted detrimental to the reputation of Feng Qinzai about the plot, Feng Qinzai personality, damage their reputation, therefore, constitute infringement liability of infringement of personality interests. Feng Jining is the grandson of Feng Qinzai, is the legal protection of Feng Qinzai reputation interests, tort liability so he has the right to bring a civil action for work. Court TV author shall bear tort liability, but also the dead a fair, embodies the principles of fairness and justice of the civil law.
NingmingThe foolish"Ghost"Tort
　　□The case
2002Years, Guangxi Ningming County Agricultural Watson (man2008Years75Years old) moved in a village of Ningming County as the new home, at the foot of the mountain, but it is bad luck:2002Years, agricultural Watson broke his leg, grandson died;2005Years, agricultural Watson is ill in hospital spent on medical expenses5000Element;2008Years, agricultural Watson family continuous death3People. Agricultural Watson that his doom comes from300Meters for two graves, is it on, press their migration, asked Lord Luo Jianxiong, Liang Yandong graves two will graves moved, Luo, Liang Jun ignored.
　　2008Years3Day, agricultural wisan yourself to Luo, beam two graves dug a hole in the"Exorcism". Luo, beam two very angry, respectively, to prosecute the Guangxi Ningming county court, asked to confirm the agricultural wisan dig the grave violation, and compensation for economic losses5000Yuan, mental injury solatium5000Element.
Court that, agricultural wisan mining Luo, beam deceased loved one grave behavior, is not only a violation of the personality, but also for the close relatives of the dead sacrifice right infringement, but also violates the social morality and public order and good customs, constitute infringement, and the cost of mental damage, compensation for farmers, beam wisan repair grave solatium litigation request is reasonable and lawful, Huai Sen Luo the compensation decision of agricultural loss, Liang Feiyong200Yuan, mental injury solatium1000Element.
　　□Comment
I the case comment is: stupid.
In fact, in recent years, frequent mining others grave cases, but are based on building or other purposes, to drive for the purpose of mining other graves, not common. About old age.
We should study is, what is what grave violation of mining rights. The judgment that is against the personality, but also against the close relatives of the dead of sacrifice right. Such a finding is justified. However, mining the graves behavior in addition to infringement of the interests of personality, close relatives of the right to worship, and more importantly, more direct, is a violation of the ancestral property. The graves in the civil law, which belongs to the property, structure. At the graves, both the ownership structures, have occupied the land use right to the land.
Therefore, to dig graves is others, illegal infringement of property, infringement property tort. If a comprehensive observation, unauthorized digging graves behavior in others, illegal infringement of property at the same time, has also violated the interests of personality, and the close relatives of the right to worship, is a multiple of the right facts of damage. In that time of tort liability, which should be taken into account.
ZhengzhouBuy a house not registered betray a person to assist obligation
　　□The case
　　2007Years, lit by friends from the hands of Song Ping bought a set of second-hand housing, the housing ownership transfer procedures, the property has changed hands3Second, he is a4Owners, property registration certificate"The owner"Already disappear without a trace, two former homeowners can find between the transfer, sale no standardized procedures.
Unable to handle the transfer procedures, Chang Liang went to court, requirement of three owners to handle the property transfer procedures.
Central Plains District of Zhengzhou City People's court found, litigation housing system light of private property,1990Years by the notarization form the donation of Qin Xia, the relevant certificate delivered by Qin Xia; Qin Xia was transferred to the housing Song Ping, the relevant certificate delivered by Song Ping.2007Years, housing will be sold to Chang Liang Song Ping.
The above transfer procedures are not to transfer.
Court that, in accordance with the "property law", the ownership of immovable property acquisition, transfer, shall be in accordance with the housing management department registration, not to transfer registration, property rights do not change, but the transfer of housing, the original agreement signed between the effective contract, the plaintiff has the right to require the defendant to perform the contract for transfer procedures,2008Years12Month, the verdict of the house before the3Homeowners in the sentence after the entry into force60Days to assist on the procedures for transfer.
　　□Comment
I choose this case comments, let the reader understand the importance of immovable property or transfer of registration.
The sale of housing, is the property ownership and use rights in the transfer, in accordance with the "property law", only the management authority for the registration of transfer of ownership, to place the legal consequences, the transfer of ownership or possession, even if the housing property, also cannot obtain housing ownership and land use rights.
In this case, trading houses and land use right transfer3Time, but not for the change of real right registration, therefore, often bright even if possession of the house, did not enjoy the ownership and land use rights.
Often bright is clever, know in this case should be how to get this right, to prevent the violation of their legitimate rights and interests. Two former buyers are confused, not knowing how to safeguard their rights obtained.
Notice, only to the immovable property belonging to the transfer of the contract notarized, is unable to obtain property rights, only registered in accordance with the law, can get real property rights. The court's decision is right, the former owner as immovable property leasing, have the obligation to assist the buyer for the immovable property belonging to the transfer of registration, in order to guarantee to buy property rights by people can buy transactions.
BeijingFraudulent custody shall compensate the cost
　　□The case
Mr. Zhao and bovine Ms.2000Years of marriage registration,2002Year gave birth to a daughter red.2008Years7Month, the two sides of the court mediation of divorce. Mr. Zhao with red do paternity, that Mr. Zhao is not small. Mr. Zhao and great harm, to2008Years9Month to Beijing Fengtai District court, asked Ms. Niu for mental injury solatium20Million yuan, the cost of raising a red10Million and parentage identification fee2400Element. She recognized the appraisal conclusion, also agreed to pay the mental damage solatium and maintenance fees, but will burden5000Element.
The court thinks, both sides after marriage, Mr. Zhao and others raise cattle pregnant lady born children, physical and mental damage, for Mr. Zhao asked Ms. Niu payment of compensation for spiritual damages and daughter Alice alimony litigation request, should be supported. About the amount of compensation for mental damage and support payments, shall be determined according to the specific circumstances, judgement Ms. Niu pay Mr. Zhao mental injury solatium3Million yuan, the cost of raising a red3．6Million and appraisal costs2400Element.
　　□Comment
This case also proved that the "marriage law" a system gaps in parent-child relationships, namely the children born in wedlock denial system.
In real life, there is an interesting phenomenon, namely all mothers are the self evidence of the fact that, which is based on the fact that children born to prove himself is the mother of the child; but almost all of the father is the presumption, the presumption of fact, is living with the mother on Mother's pregnancy period man presumption as the father of the child. If you want to overthrow this presumption, it must be in accordance with the children born in wedlock denied program, indeed, to provide sufficient evidence to prove his is not the father, who can deny that, parent-child relationship.
In this case, Mr. Zhao such relationships based on, are presumed to Alice's father, and continued6Years, until after the divorce, paternity test, it proved that the parent-child relationship presumption is wrong. Ms. Niu recognized identification of non paternity presumption, father has been overturned, confirmed Mr. Zhao non red father. This system, "marriage law" is not specified, should be added.
This case also involves the addition of a problem. The presumption of putative father father, the mother of fraud and perform their obligations, this kind of behavior is what kind of? I once made a claim, such behavior is a fraudulent custody, with the nature of the infringement. The fraud to pay alimony shall return, spiritual damage caused by fraud, should be compensation for mental solatium. The court case for mental injury solatium, return raised costs, adoption is obviously the idea.
ChengduThe joint dangerous act or breach of security obligations
　　□The case
　　2007Years10Month8Day, Wang took a car Cheng Nan Expressway to Chengdu in Sichuan road. When the line to23Kilometers, a pebble breakdown windshield was from the high-speed road overpass on falling, hit Wang left chest, left chest large contusion with exfoliation, aortic rupture, hemorrhagic shock and death.
Via checking, the high-speed road on both sides of the flyover with solid cement guardrail, close to the guard rails on both sides is arranged outside protection cast net.
The public security organs after investigation, confirmed that Huang three pupils climbing the bridge west middle cement guardrail, lying in the protective net and billboards, a race to see who threw the stone hit the passage of vehicles, to the high-speed road throwing stones hit to Chengdu direction of vehicles, including a pebble hit Wang lethal.
The public security organs to Huang three people under the age of14Years of age, belonging to the non criminal responsibility by the revocation of man-made, three people with dangerous means to endanger public security case. Wang's close relatives to the court, shall be investigated for Sichuan Cheng Nan Expressway Co. Ltd. and three Harmer and guardian's tort liability, shall bear joint and several liability.
Chengdu City, Wuhou District court thinks, the bridge there is no quality defects, into the southern company also do to the corresponding management obligation, the request can not be too harsh, do not form tort liability. Huang Mou three children across the highway overpasses, deliberately to high speed of the vehicles on the road throwing stones, causing Wang in the riding process are serious consequences stones hit to death. Although three people who throw stones caused the consequences can not be confirmed, but it is one of the basic characteristics, conforms to the common dangerous act, so that Huang the three people such as actors, sentenced six guardians of the three people on the joint dangerous act, the damage caused by the consequences are jointly and severally liable the plaintiff, compensation for mental injury solatium, death compensation, funeral expenses, a total of246979．40Element.
　　□Comment
The focus of this dispute lies in the highway management agencies shall, together with the common dangerous behavior of joint and several liability.
To determine the expressway management agency shall bear tort liability, the necessary conditions are the violation of security obligation, the expressway management mechanism for the damage has a fault, or you will not bear tort liability. In this case, the highway management agencies in the management of Expressway in the process, no lack of safety and security obligations, not negligence, if ordered to assume the tort liability, it is unfair to the tort liability law, in violation of the principle of fault liability principle.
A direct reason to cause the death of the victims, three juvenile joint dangerous act. Because three minors' parents not weeks, making them climbing highway fanghuwangji throwing stones for fun, the victim is caused by the effect of death. A consequence of this though not all three Minors Act, but one of them caused by, but can not identify who is the real perpetrators, therefore, tort liability of joint dangerous act. In this regard, the court decision three juvenile offenders shall undertake joint and several liability, is completely in accordance with the law. The court in the plaintiff's different defendant, the case is complex, boils, determine the causes of tort real, accurate determination of tort liability, the applicable law is successful, it is also fair.
ChongqingHarm could not identify perpetrators to heaven fork rod
　　□The case
　　2008Years11Day morning11Point, Chongqing high tech Zone in a certain building materials market across the street,21Year old Yuan Zhengmin and her husband Ling Yongzheng keep in their own store kiosk, a clothes with the fork rod suddenly from upstairs down street, just insert the head of Yuan Zhengmin. Fork roller length of about half a meter, the whole"Y"Glyph iron fork has fallen in the skull. Hospital emergency vehicles rushed to the scene, the doctor will bamboo part fork rod removed, only iron fork in the head, the yuan Zhengmin sent to hospital. After the rescue, Yuan Zhengmin out of danger, but the damage is serious, is recovering. After the incident, the police station rushed to the incident, cordoned off the area and obtaining evidence, criminal investigation department after repeated comparison, unable to find clues, not sure the man. Since Yuan Zhengmin's victims, perpetrators have not appeared. Ling Yong the victim to the court, will be suspected of crime of Yuzhou town2No.97Total households126The collective owners to court, claim for compensation. All the accused without fear, called"Emergency Rights Convention"The voluntary surrender, advise the perpetrators, other owners are seeking to prove their weapon without responsibility evidence. The case is pending.
　　□Comment
This is tort liability throw objects, typically falling objects cause damage, the focus of dispute is whether the maintenance which parties of equity.
This kind of case is also the first place in Chongqing, a high-rise building up an ashtray, passers-by downstairs induced injury, the court ruled that the building may cause damage20Households are jointly and severally liable to the victim. And later, a women in Ji'nan city was upstairs threw a chopping board hit to death, to the court of the building56Residents claim for compensation, the court dismissed.
The two sentence law, have their own reason, they have the support and opposition, whether supporters or opponents are emphasized is fair, but the position is different.
In the process of developing "tort liability act" in the provisions, for such violations, how to set specific rules, but also two position clear attitude. If the victim relief based fair, that bear the common damage to the victim shall be the damage caused by the possible; if the responsibility based fair, there is no evidence that the majority of people is Harmer, undertake responsibility, more unfair. In the continuous discussion, opinions are relatively concentrated, tend to provisions in tort law, objects thrown out from buildings or objects fallen from buildings and causes damage to others, it is hard to determine the specific tortfeasor, unless they can prove that they are not criminals, in order to protect the victim's legitimate rights and interests, on the basis of fair liability, damage caused by possible users of the building who bear the compensation liability for tort liability, but not confirmed, but not the joint and several liability. Such rules, is to highlight the fairness, the damage to the victim can get relief. I choose this case reviews, it is in order to explain the legislation advice.
I review the tort in Germany, Holland and other countries, their judges and scholars have expressed surprise, reason is how to live in a high-rise residents so irresponsible? In contrast, our national quality needs to be improved? Should be especially caution is, the perpetrators should have the courage to take responsibility, not to shirk their mistakes caused by damage to others as you can!
XinyuFamily law should be compulsory claim
　　□The case
　　2006Years7Month, the mother of Li Xiao Li Yu from the country to Xinyu city to work, Wang Feng know, love each other and live life. After a year of cohabitation, because the two sides character difference part, but this time Li Yu was pregnant. Li Yu repeatedly to find Wang Feng asked their marriage, or a one-time payment of child support payments, but Wang Feng refused.
　　2008Years4In August, Li Yusheng daughter small Li, for the birth certificate, to find Wang Feng for custody of their daughter, Wang Feng but with Lee is not their own grounds to refuse to pay fees.2008Years7The name of Li Yuyi Li Xiao, the prosecution, asked Wang Feng to pay alimony, and apply for a paternity test. Jiangxi Xinyu City District Court, repeatedly to find Wang Feng, hope he can cooperate with the paternity test done, to find out the facts, but was Wang Feng refused.
Court held that the plaintiff and the defendant, demands the confirmation of the relationship between parents and children, not suitable"Who advocates, who bears the burden of proof"The general rules of evidence, the original, the defendant in this case are the burden of proof obligations, i.e. the paternity test done duty. The plaintiff has provided the hospital birth certificate and other supporting material, and the burden of proof is completed request, request a paternity test, the conversion of burden of proof, the defendant shall bear the burden of proof, but the defendant does not agree with the identification, and can't provide other evidence to overturn the evidence. Although the court shall not force it for, but the defendant should bear the legal consequences if it fails to do so in accordance with the law, the presumption of the defendant Wang Feng is the father of the child, the alimony to Lee small monthly payment200Element.
　　□Comment
This case proves once again China's "marriage law" relative system missing items, namely non institution claim legitimate children. In the parent-child relationship, "marriage law" lack of legitimate children, children born out of wedlock that quasi orthogonal system. The parent-child relationship system "marriage law" is not specified, is must be added.
In this case, Li Yu and Wang Feng together, after breaking up found pregnant and gave birth to lee. Li Yu believes that Li Xiaoyu Wang Feng has a parent-child relationship, and provides the corresponding evidence. Wang Feng denied, but did not agree to the paternity test. In this case, the court on the basis of the burden of proof rules of evidence, determine the burden of proof of his Wang Feng bear the consequences of not, presumed to be the parent-child relationship, confirm their support obligations, to be fair, promote social justice. This decision is entirely correct.
Viewed from another angle, in the family law system, children born out of wedlock determine parentage, need to go through the claim procedure. Child claim for any claim and compulsory claim. Any claim is"Tracing"Find their own parents, claims that the parent-child relationship. Compulsory claim is for people like Mr. Wang Feng, they deny the parent-child relationship, but the fact that he was a claimant's father, the judgment of the court to confirm parent-child relationship, undertake the responsibility. This decision is presumed Wang Feng Lee's father, and pay alimony payment obligations, in fact is applicable compulsory claim rules, but China's "marriage law" and no such provisions. In the formulation of "civil code•Relatives law ", must be added, to be the judicial need.
Beijing"Tour pal"Since the risk the claim without reason
　　□The case
　　2007Years3Month6Day, Hao Mou, Zhang in the website forum posting, agreed to the3Month10On the organization once by the netizens participated in the field of mountaineering activities, announced the route, time, place and related matters needing attention, and the statement"This activity is a non-profit self-help activities. Outdoor activities are dangerous and unpredictable. Participants take full responsibility for their own actions and consequences. The leader group in addition to accepted supervision, has the responsibility to control costs and open accounts, not responsible for any by outdoor sports itself has the risk and the risk of return journey the consequences. Such as in the event of personal damages, liability for compensation shall not bear the leader group, by the injured person in accordance with the law and this statement to resolve". Sohn voluntarily enroll. In the activity, the original route changes, walking time greatly exceeded the original plan, until midnight on the day, uninterrupted walk over12Hours. Sun suddenly collapse symptoms, after multi rescue invalid death, forensic identification system because of cold cause hypothermia, the body The new supersedes the old. and life function inhibition resulting in death. Sunmou parents prosecution, resulting in death, Sun Mou to Hao Zhang organizational behavior, has the obvious fault grounds, Hao request, Zhang and network company joint compensation for losses40Million yuan.
Haidian District court held that the organizers, Hao, Zhang does not have the power to control the environment and management responsibility, does not undertake the protection and safety of person, property managers obligations, unexpected following the necessary rescue duty, rejected the plaintiff's claim. Against the sun parents, appeal to the Beijing first intermediate people's court.2008Years11Month, a court ruled that, sun damage occurs, because self-help outdoor sports itself has the natural risk and the victims of their own physical condition, the organizers Hao, Zhang has no fault, should not assume the tort liability for damages, so the maintenance of the first instance court dismissed the plaintiff's claim decision.
　　□Comment
　　"The horse head","Tour pal"Claim, I2006A case of years once commented Guangxi court. In that case, the court"The horse head"Bear the main responsibility, the dead bear secondary liability, other"Tour pal"Assume appropriate responsibility. I think that the decision is not correct, because it does not conform to the law of tort"Assumption of risk"The requirements of the rules. What is called"Assumption of risk"The rules? Is the actor have to participate in the activities of risks, still take part in, causing damage, it shall not have the right to request the damage other people shall bear the liability for damages. For example, in American baseball game, often hit the ball into the audience even outside, causing the audience or the other person damage. This is the ball! If the victims and the claims, were dismissed by the court, reason is"Assumption of risk"."The horse head","Tour pal"Self-service adventure or self exploration activities inherent risks, may be damaged, the promoters and discloses the disclaimer. Sohn volunteered to participate in self-help travel risk, shall be deemed to have accepted the disclaimer, which is"Assumption of risk". The danger, causing damage, should be based on"Assumption of risk"Rules, exempt from other organizers and participants of responsibility. Of course, if the organizers or participants for the occurrence of damage is at fault, is another matter. If there is no negligence, shall be ordered to take responsibility. Only in this way, it can reflect the civil law and the tort liability law fairness. Otherwise,"Assumption of risk"But be in danger, when no fault shall bear tort liability, the equity principle and the civil law and the tort liability law, clearly inappropriate. Therefore, the first and two trial grounds, is a can withstand the test of judgment.
The North SeaCrocodiles swallow children breeders constitute infringement
　　□The case
　　2007Years4Month20On the afternoon of the second grade primary school students in Yinhai, Beihai City, Liu with his classmates after school to the business for"Yu Jia Zhuang"Crocodile lake. Liu climbing into the crocodile lake, using a teaser slingshot and branches lying in the lake crocodile, crocodile suddenly rushed in, grabbed his feet and drag them into the lake is alive, crocodiles devoured. After the incident, the local government organization police will which a man eating crocodile shot the crocodile, transferred to the wild animal rescue center. The Liu parents think crocodile management people and Liu Jiazhen crocodile lake all Detian Yu Jia Zhuang tourism limited company shall bear the liability of compensation, the prosecution to the court, asked two defendants to pay compensation of mental solatium total of death compensation, etc.30Million yuan. Two the defendant argued that the victim who enter the crocodile pool, damages shall bear.
The court held that, although already closed crocodile lake and a warning sign, but the crocodile lake outer protective wall collapsed walls, the shortest is only0．55Meters, very easy for outsiders to enter, so the two defendants to negligence, accident in custody weak fault, should bear the main responsibility. Liu parental supervision, should bear20%Responsibility; children at the crocodile pool caused great mental harm to the plaintiff couple, the two defendants should compensate for a certain amount of mental injury solatium. Liu Jiazhen appeal. Beihai City Intermediate Court, mediation, finally in the2008Years9Month5The two sides reach an agreement, the crocodile managing people and the child's parents agreed compensation16Million yuan loss agreement.
　　□Comment
This case can be used"See the scene which is dreadful to one's mind"To sum up!
Thinking in civil law, the case have two points: first, in violation of security obligation in tort, there is a type of minor violation of security obligation. That is, in an attractive to children's business or activities, the operator or organizer must guard against damage to children as high attention duty, at least to do the following three points in a point: one is to remove the danger, the two is to make the children isolation and the risk, three is to take other the risk does not occur. Do not cause damage, children, dangerous activities, operator or organizer must bear tort liability. In this case, crocodile breeding is obviously highly dangerous activities, and has a special attraction for children, while the operator collapsed in the crocodile pool around the wall, children are easy to climb. Therefore, the operator can judge for failing to high duty, determine the tort liability is fair.
Second, in this case, there is a detail, is how to treat the underage victim guardian's fault. Suffer damage in minor cases, the juvenile victims more should be protected, should be more than adult victims compensation only, but in the reality of judicial practice, in this kind of case, not increase the underage victim's compensation, but recognize the underage victim guardian with monitoring fault to reduce the liability of perpetrators, according to the rule of contributory negligence. In this case, the court of first instance was sentenced to. This sentence right? I think it is wrong. In this case, should apply the "on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article2Article, the offender is intentional misconduct or gross negligence of the party, the party only ordinary negligence, not relieve tortfeasor. Provisions of this clause, the guardian of minor fault is of course the general fault, so don't reduce the offender responsibilities of the party, we can make the underage victim's right to obtain better protection.
In addition it should be noted that, in consideration of "tort liability law" provisions of the draft of door of technical secondary school"Liability caused by animal"A chapter, respectively specified the liability tort liability, liability, feeding a fierce dog zoo damage induced breeding of animal and the third party liability for damage caused by an animal. Damage to people caused by the case is similar to the fierce dog like animal, the application of no fault liability principle to determine the responsibility. Accordingly, the crocodile farmers also shall bear tort liability.
ShenyangThe wrong bill of infringing the right of reputation
　　□The case
　　2007Years11Month27Day, a Shenyang Bank commissioned the Shenyang silver letter of credit card services limited to Qi Tao home, Shenbei New Area Pu he Zhen sending emergency notice is a debit.
The bill is:"Qi Tao: your credit card to hold2007Years10Month overdraft arrears exceeded3Months, and the larger amount, after repeated reminders, collection, you are off, for various reasons have not repayment, according to China's criminal law article196Herein, your behavior has been suspected of credit card fraud. If you are in the2007Years11Month29Before still can not pay off all debts, I will put your filing materials transferred to Shenyang City Public Security Bureau of economic crime investigation departments, shall be investigated for criminal responsibility."
Tao Qi denied it in the bank for a credit card, but urged caused adverse reactions bills in the Tao Qi family, friends and people around.
　　2008Years6Month, Tao Qi after enquiries personal credit report, found that credit card overdraft Tao Qi to another person, the Tao Qi not Peter Qi Tao. Tao Qi to the court, ask the bank to eliminate bad credit record for himself, a public apology, and compensation for mental loss5000Element.
Shenyang Shenbei New Area court thinks, the accused in the collection of accounts receivable process, does not fulfill the duty of care enough, on the basis of arrears not distinguish authenticity of information, to send the family residence to overdraft suspected fraud collection notice shall be investigated for criminal responsibility for the content in a certain range, reduce the social evaluation, subjective fault, right of reputation. Against Tao Qi, sentence the bank issued a public apology, and compensate the plaintiff mental injury solatium5000Element.
　　□CommentTypical of the wrong person! Tao Qi all the more to the bank again, careless, also want to check it out!
Banks can be so irresponsible, to the Tao Qi an unrelated issue debt and is suspected of credit card fraud will be put on the material transferred to public security organs investigation processing debit? Notes, such a debit, relates to be Dunning people's credit, reputation and dignity, causing damage to the reputation is the inevitable consequence of.
According to the rules of the civil law, the bank has a duty of care a good administrator, should ask themselves to prudent standards, can not be so irresponsible. Breach of duty of care is negligence, causing banks to own fault consequences, of course, should bear tort liability.
Comment on the case, there is an important significance, is that a behavior Is it right? Tort, imputation principle is the basic principle of fault liability. In general, there is no fault liability of fault, no liability, unless the law is no fault liability applicable scope.
What is wrong? Fault is the intention and negligence. Intentionally, is the act of pursuing or laissez faire behavior consequence; but the fault, in the civil law requirements, which should pay attention to and did not note. When a subject has the duty of care, neglect or negligent and did not do the duty of care, there is negligence.
In this case, the defendant bank on your customers owe a duty to others, also has a duty of care, but not verified, for without this Tao Qi credit card overdraft, identified as Bi Qitao, a debit errors on the damaging consequences. Contributory negligence, damages, the defendant have tort liability.
BeijingFan Bingbing said with their defense
　　□The case
　　2007Years9Month, Beijing Modern Hospital, without the consent of the Fan Bingbing, in Baidu search engine news advertisement:"Beijing Modern Hospital Fan Bingbing cosmetic summer special dedication", click into the"Beijing Modern Hospital home>Gynecological channel>Inflammation of Department of gynaecology>Three days before menstruation to swim"Page.
Fan Bingbing thinks, the hospital for its commercial interests, without any authorization, the plaintiff's influence, on the Internet to making this a false case the plaintiff cosmetic surgery, cosmetic medical advertising, not only seriously infringed upon the legitimate rights and interests of the plaintiff, the more serious misleading the public, resulting in extremely bad social impact.
The city of Beijing to the Dongcheng District court, the court to order the defendant to revoke the infringement, eliminate the effects of advertising, public apology, compensation for mental solatium120Million yuan.
In the lawsuit, the defendant out of a Hebei native Fan Bingbing, said the hospital is for the person to do plastic surgery, but by the investigation, the plaintiff found the accused tort2007Years1Month, the defendant to Hebei Fan Bingbing cosmetic time2008Years5Month, free and modern women's Hospital evidence that Fan Bingbing published in the Webpage Hebei Fan Bingbing.
Court, the defendant without the plaintiff consent, published on its website"Fan Bingbing cosmetic summer special dedication"Etc., and reproduced on the Fan Bingbing become face lifting operation article, unauthorized use of the plaintiff's photos, constitute defamation of Fan Bingbing, judge Fan Bingbing mental injury solatium10Million yuan.
　　□Comment
Process procedure is. The plaintiff sued defendant liable, is accused of attacking defense; defense liability, is the defense. The results of attack and defense, is losing or winning. Magic litigation case, is not quibble and bribery, but is exactly based on the facts and the law. In this case, Fan Bingbing's attack is powerful, because she provides evidence is true, legal basis provided is accurate. In the face of attack, the accused has the right to defense. Procedural defense like military defense, active and passive defence division, but the action in the passive defense more negative, is not waiting for the defense, attack error, to wait for the collapse of the offensive, the risk of attack, not up also not run? Active defense in litigation, is to provide the evidence and the legal defense, similar to a military attack.
The accused is taking active defense, this means is Fan Bingbing is not Fan Bingbing but Fan Bingbing Hebei Beijing. Hebei Fan Bingbing did the defendant in the cosmetic, but the use of advertising in Beijing Fan Bingbing2007Years, for Fan Bingbing do operation in Hebei2008Years, time completely irrelevant! The attack is to strike, but threw grenades are hand grenade, assassination rifle is rubber bayonet, no defence capability. In the military, such active defense is have a death wish, in a lawsuit that defense is sophistry. Therefore, in this case the defendant lawsuit is not reasonable?
The line goes or Fan Bingbing films "mobile phone" in: Be honest and kind! In spite of the litigants do not necessarily must be honest and kind, but don't tell lies? Otherwise, the result is lost.
ZhenjiangOccupy vegetable husband wife compensation
　　□The case
The plaintiff and the defendant Jiamou pan of husband and wife, in2005Years9Month5All were injured in a traffic accident, Jiamou slightly injured, some seriously good recovery, pan, coma, in a vegetative state, and identified a disability level. In the face of a husband, to live together5Years of Jia was born to him, in a traffic accident compensation for her husband35Million and pan classmates donations1Million yuan, not used to pay for the pan medical fees and living expenses, but have been accounted for, to2007Years4The divorce suit to the court, after withdrawal.
　　2007Years10Month, the pan as the father of Pan's statutory agent to divorce, Runzhou District, Zhenjiang court, request a refund Jia pan damages and grants.Court think, the defendant has not used for the plaintiff to receive compensation35Million for the plaintiff to pay medical expenses, the defendant has applied to the court for a divorce, according to the actual situation of traffic accident two people of husband and wife, the original, the defendant may be recognized couples that have been broken, divorce shall be granted. The generation of collar35Million accident compensation in the remaining after deducting costs27Million yuan shall be returned to the plaintiff, the defendant the plaintiff in the other classmates donations1Million should also be returned.
　　□Comment
Comment on the case, my feeling is: unreasonable, guilty.
In recent years, I pay special attention to the problem of legal protection of civil capacity of conduct is not perfect person, legal protection of the vegetable is one of them. In fact, in the current law in our country, the civil capacity of vegetables did not make special provisions, that is to say, according to the current law, the civil capacity of vegetables is not limited, is still a person with full capacity for civil conduct, because vegetable is not minors, nor the mental patient. However, the vegetable has no recognition ability and the judgment ability, unable to exercise their right to own behavior. This is a legal loophole, must fill.
Therefore, the last century90Time, all countries began to revise the guardianship system, universal establishment of adult guardianship system, in order to protect the good vegetable, lost their minds of the elderly, the lawful rights and interests of minors. We in the formulation of the general principles of civil law, must establish the system.
To protect the lawful rights and interests of vegetables, including legal sanctions and pan live together in this case5Violations of his wife.
In the marital relationship continues to exist, one spouse hurt become a vegetable, accept the compensation and donations are personal property, not the joint property of husband and wife, the other spouse unauthorized possession.
Some people think that, this property is obtained during the marital relationship of property, should be the joint property of husband and wife. This is wrong. Compensation of personal property, the property guarantee is to survive, must belong to the individual. The donations, clearly belonging to individuals, "marriage law" stipulates. In the face of a husband, his wife divorce, is understandable; but the flagrant misappropriation of state compensation and donations, material foundation, will make the vegetables are deprived of life can bear!?
The ruling also social a fair, to a vegetable in a love. Good!
ZhengzhouGambling is not protected by law
　　□The case
　　2006The autumn of the year, Xinzheng residents Zhao Yuming and Li Haozhong gamble, owe Li Haozhong4Million yuan gambling debts.2006Years12Month1Day, Li Haozhong forced Zhao Yuming to pay off a gambling debt, Zhao Yuming was forced to1．5Million, and wrote a2．5Million IOU to lee. Subsequently, Li Haozhong took the ious find Zhao Yuming want money, Zhao is not yet.2008Years1Month16Day, Li Hao, Zhao Yuming sued to the court of Xinzheng City, asked Zhao Yuming to pay back the money2．5Million yuan and interest.Xinzheng City, the court of first instance verdict, Li Haozhonghe Zhao Yuming between the debt is illegal debt, not protected by law. Li Haozhong appeal. Zhengzhou City Intermediate Court found Zhao Yuming owed Li Haozhong cash2．5Million is gambling debts, and maintaining the court of first instance verdict, dismissed the appeal of Li Haozhong.
　　□Comment
I comment on the case: ignorance!
Gambling debts, while also"Debt"It is illegal, but the debt, and is not a legal obligation. If Li Haozhong with a little knowledge of law, we should know that gambling is illegal! Since gambling is illegal, it is not illegal gambling? Of course, Li Haozhong is not so stupid, but also to do some"Hands and feet"Where the defendant, issued by the seemingly legitimate"IOU"Confirm the debt.
The judge hearing the case Li Mingli explained very well: first, because of gambling debt relationship, in violation of "contract law" article52A, damage the public interests, violate the laws, regulations of the mandatory provisions of the contract, of course, debts will invalid; second, gambling debts in spite of the IOU given its legitimacy, but to cover up the illegal substance, the lending relationship is not subject to legal support and protection. So,"Qianzhaihaiqian","A life for a life"There are ancient truth, but not quite right. The debt is debt, the debt is illegal, and therefore can not be"Qianzhaihaiqian". The justifiable defense, if necessary, even cause death consequences, it shall not be"A life for a life".
Jiangyin"No mother mourning song"Maintenance agreement is invalid
　　□The case
The plaintiff Zhao Xiaomei is accused of Zhao Dagang, Zhao Damin, Zhao Daquan's sister, four mother Wang now82Years old.2006For years, support dispute, Wang will be the four children on the court, after mediation, the four brothers and sisters to Wang by Zhao Dagang support, the future medical expenses, funeral expenses by four and the average. After two months, four because of maintenance problems in dispute. At the police station mediation, four signed a maintenance agreement, agreement:"Four siblings respect the wishes of her mother, she can choose to four siblings in any one of the four living, may not be any reason to refuse. Mother regardless of who, from the agreed date, everything about his mother by the mother lived for, do not have any relations with the other three people.""After her mother died, must ask mother living family agreed, and the other three were not otherwise to mourning, the funeral procession. Otherwise, that caused by reason quarrel, fight, events and all the consequences are (from) does not comply with this agreement to bear."The signing of the agreement before, Wang went to the police station, expressed a willingness to live in Zhao Dagang home will. Then, four siblings in the agreement signed.2008Years1Month29Day, Zhao Xiaomei in the agreement is for the mother to comfort, not the true meaning of the grounds, filed a lawsuit in Jiangyin court, requesting confirmation of the agreement is invalid.
The court agreed, the maintenance agreement"After her mother died, must ask mother living family agreed, and the other three were not otherwise to mourning, the funeral procession", against the good custom, should be recognized as invalid, the rest of the agreement effectively.
　　□Comment
Parents have the custody of minor children compulsory, children have the duty to support their parents. This is the main content of "marriage law" provisions of the rights and obligations of the parents and children, the obligation is a legal obligation, is obligatory. If you do not fulfill the statutory obligations, may constitute the crime of abandonment. Children in parents died when a sacrifice, right, is anybody cannot be deprived of. Once some people questioned the sacrifice right, don't think it's right. I think, the sacrifice right is the right of identity of the content, is between specific relatives death identity right the other party to enjoy the rights of content, the content is not deprived. In this case, the four brother and sister because of alimony dispute, had agreed, but later signed a party to support the other parties are not entitled to wear the service agreement. This is in fact the deprivation did not support his mother one sacrifice right agreement. This agreement not only violates the social morality, contrary to good morals, and rights and obligations in violation of the right of the identity, is in violation of the law of contract. The court agreed that the contents of such invalid, it is completely correct, correctly reflects the civil law basic principle about kinship equal.
LuoyangA room two sell and the punitive compensation
　　□The case
Ms. Wang in the2005Years in the days of Luoyang City downtown section of an area147Square meters, the total price39Million yuan commercial housing, commercial housing and the developers signed a book contract, to advance5000Yuan Dingjin, later in the year9According to one month paid 1629 receipts issued, developers, and inform the2006Years10You can launch by the end of the month. After the launch date to the developers, not endorsed, unexpectedly at2007Years7Month to44Yuan to the price sold to the housing prices higher than the others, Ms. Wang reservation price nearly5Million yuan. Ms. Wang very angry, to contract fraud developers will be prosecuted to the Jianxi District Court of Luoyang City, request the lifting of the commercial housing booking contract, developers decision to return the paid39Million yuan 1629, compensation39Million yuan compensation. Developers argued that Ms. Wang has to pay the purchase deposit but did not formally signed the contract, default first, therefore shall bear the consequences of their own, the developers have the right in accordance with the contract, housing will be sold to third people, should not assume punitive damages.
The Jianxi District Court developers default, support the plaintiff's claim. Developers appeal, Luoyang City Intermediate People's court in Henan Province2008Years10Month28Make final judgement developers: reject appeal, maintain the original trial to the return of the purchase limit39Wan Yuyuan and further compensation39Million yuan of judgment.
　　□Comment
The case was a good! Where? Good fortunately court judge who is in breach of contract, the developers should bear the responsibility of punitive damages.
From the form looks, this case to both parties signed the contract appointment only, and did not formally signed the contract for the sale of commercial housing, therefore, developers said plausible: there is no formal contract signed, how will have the default problem? However, when the parties have signed the sale of commercial housing after the appointment, Ms. Wang has been in accordance with the agreed delivery of all the purchase, developers have receipts, while the formal contract the two sides have not signed the sale of commercial housing, but Ms. Wang has fulfilled all the obligations of the contract. In such circumstances, the developers for their own housing two sell the behavior to their default of defense, no basis in fact also not convincing, unable to shirk their responsibility of breach of contract. According to the judicial interpretation of the Supreme Court, a room two sell, shall bear the liability of punitive damages aggravated. Ms. Wang claim, the court shall support. Because developers malicious default, buy a house people get close40Punitive damages million, it seems unfair, but in fact is fair. At the same time, real estate developers should remember this lesson, a room two sell it too5Million price, but assume punitive damages malicious default has reached39More than 10000 yuan, and the loss of34Million yuan. Therefore, developers"A woman married two"Malicious default consequences are not so comfortable!
ShantouPilot resignation shall bear the liability for breach of contract
　　□The case
China Southern Airlines flight from Shantou, Captain Cheng Jun2000Year the Shantou Airlines flight, successively in southern Zhuhai training center and the Zhuhai wing aviation technology limited company to carry on training,2007At the beginning of the year as captain.2007Years3In August, Cheng Jun need to return to their places of origin after the family member resigned, and in the same year4Month11The day began to no longer flight. After a dispute, a labor dispute arbitration commission ruling, Cheng Jun should pay the training costs, damages for breach of contract236Million yuan. Cheng Jun then sued to the court of Longhu District of Shantou City, requests to terminate the labor contract, and southern Shantou company shall go through the formalities of dissolution of the labor contract law. Shantou Airlines has also prosecution within the statutory time limit requirements, Cheng Jun to pay compensation and damages for breach of contract600Million yuan.
Court that, Cheng Jun has been ahead of schedule30Day told the China Southern Airlines Shantou branch, the resignation of the report also made clear to the dissolution of the labor contract, in accordance with the law, labor contract should be lifted. The pilot has particularity, belongs to the high skill talents, ability need long time training and continued ability to maintain process. Cheng Jun entered the China Southern Airlines Shantou company in the recruitment, experienced repeated training, technical standards as captain, Shantou Airlines has paid the cost of training, Cheng Jun should be compensated in the labor process. Therefore, Cheng Jun shall pay the penalty. Decision to terminate the labor contract, pay Cheng Jun southern Shantou company training fee161Million and liquidated damages43Million yuan, China Southern Airlines Shantou company Cheng Jun go through the formalities for transfer of personnel, will be flying license, flight logbook and aviation personnel health records to South Africa Aviation Administration temporary custody. Cheng Jun appeal.2008Years8Month, the Shantou City Intermediate Court, dismissed the appeal, upheld the first instance judgment.
　　□Comment
Pilot resignation disputes, the court sentenced a lot of cases, most of them is the discrimination method, by the pilot for breach and training costs. But some judgments"Zero compensation"For example, Beijing Shunyi District court2008Years8Month sentence together pilot request to terminate the contract without pay breach of contract damages cases. I don't have to conduct a comprehensive investigation, not that which sentenced to, just say the case. Cheng Jun after the training had just been promoted to captain, resigned, obviously is the breach. Airline training a pilot, the cost is very high, if offered to resign without any training fees and liquidated damages, is obviously unfair. This Is it right? Somewhat like the club"Transfer"? For such civil disputes, if it can be considered similar to a"Transfer"The system, it seems more in line with the actual situation of the professional.
BeijingZaohe Luo bad dentures should also be compensation for it
　　□The case
　　2007Years7Month1Day, Ms. Wang in Beijing a catering company dining, is the food in the cafeteria dates of the dentures made bad seeds. At that time, the catering company responsible person Zhang Ming Ms. Wang, issued a written proof, approval after the fact, and agreed to pay the resulting loss. Ms. Wang to the oral cavity hospital, the payment of medical expenses2395．40Yuan, two times the documents required the defendant to compensate, were rejected. Ms. Wang prosecution, asked the defendant to pay the medical fees and costs.
Beijing Xicheng District court held that the plaintiff, as consumers in the purchase, use of goods and services shall enjoy personal safety will not be injured right. The defendant as a catering service enterprises, in accordance with the food safety standards shall provide to consumers. But the defendant to provide food that the damage to the teeth, should assume civil liability for compensation. The manager of the defendant company written commitments can compensate the plaintiff in medical treatment, with medical fee invoice claim compensation for medical expenses, in accordance with the law, support. So in the2008Years9Month sentence the defendant to compensate the plaintiff for medical expenses2375．40Yuan, the fees for accepting the case25Element to be borne by the defendant.
　　□Comment
Zaohe Luo bad teeth, what should be compensation, to see how to say. If it is generally the case, jujube nucleus is should know fact, eating dates should prevent shuttle Luo teeth, is a common sense. Hotel, restaurant to do"Jujube nucleus prevent Luo teeth"Also need to be alert, on customer advice? This is clearly not. By eating jujube and make the teeth break bad, because people don't notice or careless, rather than the food in the cafeteria is not qualified, nor without warning instructions. So, eat jujube was shuttle Luo bad teeth, you can not find the hotel, restaurant, much less shall bear the liability for compensation. If the said since Hotel promised compensation, now back without compensation, to request the court to honor their commitments, but also a little truth. However, the promise, bear the responsibility for compensation if, should determine whether the accused tort liability. Not constitute infringement responsibility, say what all don't should be compensation, because it wasn't fair! Only one can be judge, that is the hotel, restaurant offers the jujube is no nuclear or nuclear, and absolutely guaranteed not to Luo teeth, eat at ease, Luo teeth I compensation. But this situation is rare. Therefore, the decision was a little different opinions, if readers think?
XinjiangThe husband wife deathbed by scrivener wills invalid
　　□The case
　　1997Years, Chen and a million, the two sides in their respective widowed after remarriage, when both sides were older, had a son and a daughter.
　　2004Years4At the end of the month, Chen was diagnosed with lung cancer.2007Years3Month15Afternoon, a million to a drafting wills, its content is"Chen in the purchase and a million before marriage of a residential building by a million inheritance", let the community staff to copy a copy, and a staff of two community came to the hospital, the community staff will read it again to the house, let Chen sign the will. Chen signed a million, and hold his hand pressed the handprint on the will. Chen from the will read the content to the community staff leave, never speak.12Days later, Chen Chen died, the children and a million for the lawsuit to the court house and inheritance.
The Xinjiang production and Construction Corps agricultural division nine intermediate court that: only by the testator will stand on one's own make, cannot be aided or agent. A million offer scrivener wills, not met by the testator oral others to form document writing requirements, also do not accord with shall be composed of two or more witnesses the whole process of the testator's law. The witness only witness the process of Chen signed, did not witness the whole process of the testator's will is read, and Chen did not speak, did not use other ways to express his meaning, Chen was combined with physical condition, no sufficient evidence to prove that the content of the will is the true meaning of my judgment, a million in his deathbed the Li scrivener wills invalid, scrivener wills disputed property in accordance with the statutory succession rules of inheritance.
　　□Comment
Indeed the case will, specific problems as the court verdict of the cloud, which no doubt about. I choose this case, the focus is on a million scrivener wills. In the marriage between husband and wife inheritance, has always been prone to disputes, rarely be in smooth water. The reason is the relatively short time, remarriage, their children afraid of heritage is stepmother (or step) to seize. In this case, a million for more heritage, as the decedent scrivener wills, and invited to witness testimony, have cudgeled one's brains. However, the Scrivener wills could not determine the true meaning of life is carried before the court said, cannot be identified the will, therefore, revoke a will is necessary, shall be carried out in accordance with statutory succession rules.
However, this case would tell us, Chinese not accustomed to living wills practice should be corrected. In the case of Chen ill for many years, should be ready, prepared a will, would not have such problem. Since so, family disputes will be much less, a natural and harmonious society.