2012Ten years Chinese public interest litigation cases

[Chinese public interest litigation in the lack of legal norms and judicial support environment hard and tenacious growth. Will be the emergence of a number of public interest litigation character has a certain influence and has certain social value of public interest litigation cases each year, they reflect the real situation China public interest litigation now, is the future trend China public interest litigation may choose.

[candidate]:

A China Southern Airlines flight delay case, Zhang Yuanxin v.

Two, Zhu Lanying v. Chengdu airlines, Kunming airport to take the disabled

Three, Zhu Mingjian "the rights and interests of maintenance" series of cases

Four, Sun Nong, Zhou Runfan v. Guangdong Provincial Price Bureau, Department of transportation on the revocation of Zhuhai Luqiao case fee

Five, residents of public interest litigation sued the Bureau of industry and Commerce attention "the tongue of the security"

Six, Zhao Zhengjun v. Ministry of health milk standard information disclosure

Seven mobile phone users, telecommunication company public time billing information support

Eight, the first National Association for the plaintiff lawsuit win "3 yuan" the lawsuit

Nine, the owners and the "electromagnetic radiation" to the environmental protection department of Hunan province case v.

Ten, the first test case in the disability discrimination

Eleven, Yi School of public information for application to the competent department of environmental 80 city of pollution source monitoring items

Twelve, the Nanjing public transport card back card fees dispute case

Thirteen, individual citizens to file environmental public interest litigation claims losses over a million

Fourteen, "is mentally ill," Wu Chunxia v. Henan psychiatric hospital and Zhoukou City Bridge Office case

Fifteen, Beijing public prosecution card company refused to disclose the huge deposit interest to

Sixteen, "Civil Procedure Law" provisions of the new public interest litigation

Seventeen, Chen Dan "mental illness" v. Huilongguan Hospital of personal freedom infringement case

Eighteen, the people's Procuratorate of Haining City v. Haining city in case of environmental public interest litigation protection's Longdian engraving Co. Ltd.

Nineteen, Duan Wanjin, Wu Guangtao, and the State Administration for Industry and Commerce Limited lawyer inquiry business archives dispute case

Twenty, Liu Yanfeng v. Shaanxi Finance Bureau of Work Safety Supervision Bureau for undisclosed "smiling chief" wage

Twenty-one, the first case of citizens against public security organ fails to perform the information disclosure obligation

Twenty-two pregnant women in the first case of employment discrimination, Guangdong

Twenty-three, Gan Qing Hong v. WAL-MART SZITIC stores, "American almond not almond" consumer fraud case

Twenty-four, China public exam examination "is the first case of hepatitis B"

Twenty-five, Beijing lawyer and Sue Qihoo 360 invasion of privacy

Twenty-six, female university graduates employment sex discrimination case against the giant Education

Twenty-seven, 78 master of law students sued the University of political science and greatly reduce the scholarship

Twenty-eight, Shandong Environmental Protection Bureau of Dongying City v. enterprises illegal sewage case

Twenty-nine, dangdang.com 809 default case

 

 "In 2012 Chinese ten public interest litigation" select case (thing) cases

Http://www.pil.org.cn    2013-01-14    Source: Chinese Public Interest Action Network

 

A China Southern Airlines flight delay case, Zhang Yuanxin v.

 

[cases] in January 9, 2012 because of Chinese introduction, South Uni Airways Corporation internal capacity deployment in flight was delayed for 3 hours, the passenger Zhang Yuanxin to court, seeking compensation for economic loss of 8.6 yuan and 0.5 yuan default. In March 21st, a court verdict, dismissed the plaintiff to the defendant Zhang Yuanxin China South Uni Airways Corporation litigation request. In April 9th, Zhang Yuanxin the verdict of the first trial, appeal to the Urumqi intermediate people's court, request to rescind the original judgment, the judgment shall be amended according to. In August 13th, the Urumqi City Intermediate People's court rejected the appeal and upheld the original verdict, "".

 

[reasons] this is the case for Xinjiang flight delays caused by the case. According to the China Association and China CAAC Transport Bureau released the "2011 air service consumer reports" show, 76.5% consumers have encountered flight delays, but only 6.5% of consumers had access to compensation for the loss of flight delay. In recent years, passengers sued the flight delay case is not much, and most of all to the plaintiff failed. These cases allow more people to see between the airline high fees and low quality service are not equal, see the lack of compensation standard and procedure of flight delay aspects, see court violates the principle of equality blindly shielding Airlines wrong judicial idea. Because claims, passengers can choose 'means to make' to safeguard their legitimate rights and interests, the results once formed the 'troubled, for a lost', 'don't make free, small make a small loss, big big compensate' phenomenon, flight delays and dispute intensified. In order to make up the lag of flight delay compensation legislation, in December 6, 2012, in the "International Civil Aviation Day" Eve, Zhang Yuanxin and other three lawyers to appeal to the Civil Aviation Bureau issued advice, request "solution" flight delay as soon as possible, to provide a legal basis for the rational consumer claims.

 

Two, Zhu Lanying v. Chengdu airlines, Kunming airport to take the disabled

 

[cases] of Zhu Lanying, 25 years old, high paraplegia, physical disability. In October 8, 2011 , died of loved ones at home, Zhu Lanying to buy a good ticket to ride EU2224 flight to Chengdu Chengdu aviation flight. When she passed the security check to arrive at the gate, the flight staff to the disabled wheelchair for not allowing her to boarding, the reason is unable to handle the wheelchair passenger provisional application service, and refused to withdraw her ticket. Zhu Lanying think this is a great discrimination, in November 8th, Zhu Lanying a paper petition, the airlines, Yunnan Airport Ground Service Co. Ltd. and Yunnan Airport Refco Group Ltd together to court, asked three defendants to pay compensation of 10000 yuan and open her a written apology. In January 16, 2012, the trial. In February 29th, the judgment of the court the plaintiff Zhu won the lawsuit, the defendant shall bear the responsibility for compensation.

 

Recommended reason] [disabled due to blocked win, in a rare country, have milepost significance. In this case, the court in fact negate most airlines since the "Regulations", namely the disabled travel need to inform the airline in advance, the airlines agreed to the provisions for the opportunity. The decision to encourage people with rational adults, changing Airlines unreasonable "despot rules", urge the rectification and improvement of civil aviation service quality and style, with full respect for passengers with disabilities, to abolish discriminatory provisions will play a beneficial effect, make the special groups to enjoy the barrier free travel.

 

Three, Zhu Mingjian "the rights and interests of maintenance" series of cases

 

[introduction] case in November 2, 2011, the disabled Zhu Mingjian take the No. 68 bus in Zhuhai City, Guangdong Province, according to the "Regulations" assistance to the disabled to enjoy the preferential treatment of travel, but refused his offer and asked the driver, there is no reason for him to "disabled card". According to the Zhuhai bus company preferential policies, only hold the city IC card disabled people can enjoy preferential. Zhu Mingjian thinks this is the difference between this city household treat practices migrant disabled and Guangdong Province "to" support the disabled under the "hold" the people's Republic of China Disabled card "and the household registration within the administrative region of this province disabled person, can free ride city public transportation" obvious discrepancies. So in November 30, 2011, Zhu Mingjian will be Zhuhai bus company to court. In January 18, 2012, Zhuhai Xiangzhou District People's court made the first public hearing on the case. In May 30th, Zhu Mingjian sued the Zhuhai bus company domicile discrimination case in court the court mediation on negotiation mediation. The Zhuhai bus company responsible for the case of the litigation costs 250 yuan, and give the plaintiff Zhu Mingjian grant 3000 yuan.

 

[reasons] in the case of Zhu Mingjian from the Guangdong Heyuan Heping County, the disabled, was hailed as a civil "activist". In order to get rid of the disabled car preferential policies of the household discrimination, he passed to apply for public information, administrative reconsideration, administrative litigation and other means, launched in Guangzhou metro, Guangzhou bus discrimination, discrimination of Dongguan bus, Heyuan bus discrimination case against a series of public interest litigation. The second half of 2012, Zhu Mingjian watched the famous scenic spot. He goes after Canton Tower, the night of the Pearl River, asked the operators to launch the ticket discount scheme. He takes his own action to fight for the rights for the disabled, eliminate discrimination, again that the "rights belonging to everyone, fighting for the rights to start from their own" public interest litigation idea.

 

Four, Sun Nong, Zhou Runfan v. Guangdong Provincial Price Bureau, Department of transportation on the revocation of Zhuhai Luqiao case fee

 

[cases] in 2012 of February, because of dissatisfaction with the local government borrowing loans name, to the owners to collect tolls, Guangdong Zhuhai two owners Sun Nong, Zhou Runfan put the Guangdong Provincial Price Bureau and Guangdong province traffic hall court, requesting the court to revoke the Zhuhai to continue the trial administrative behavior of vehicle toll vote system. In April 23rd, the case in Guangzhou City Intermediate People's court. In May 24th, the Guangzhou City Intermediate People's court verdict, the court of first instance, the case does not belong to the scope of administrative litigation, the court rejected the prosecution. The two plaintiffs appeal to Guangdong Provincial Higher People's court hearing, December 11th, two owners expressed willingness to compromise in court, the plaintiff and defendant will submit a settlement within five days after the hearing.

 

[reasons] at the beginning of 2003, about the toll highway charge, management and other issues has been criticized. 2004 the State Council promulgated "Regulations" toll road management, entirely by the government investment in the construction of roads (including bridges and tunnels), not the collection of vehicle tolls. Loans for construction of local government roads (including bridges and tunnels), can collect vehicle pass fees to repay the loan. But the collection of vehicle tolls for the charge price hearing according to the price law, the transportation departments of the provincial government in conjunction with the Department in charge of prices, the financial sector assessment, examination and approval of local government, a maximum of not more than 15 years, the charges must be terminated. After that, all over the country for illegal charges frequent proceedings. Mention of the case is a microcosm of many similar cases, also encountered in the difficult question, until now there is not a clear settlement or decision. In this case, the lawsuit itself is not important, its significance lies in the fact that the country governed by law, the spirit of doubt citizen to government behavior made the government more stringent requirements in terms of administration according to law.

 

Five, residents of public interest litigation sued the Bureau of industry and Commerce attention "the tongue of the security"

 

[introduction] cases in the autumn of 2011, Zhao Jun (alias) that is located in Zhengzhou city of a life Square Limited nautical branch to buy food, found the shop sales are still pickled chicken feet and other foods suspected of non food additives specific name, indicating the labels and instructions not according to the prescribed mark, not according to the prescribed ingredient label specific content, not mark the quality grade of products in accordance with the provisions of a number of illegal, then in October 17, 2011 according to the Zhengzhou Municipal Bureau of Commerce and industry in his report. In January 16, 2012, industrial and commercial bureau official told reporters Zhao Jun, giving illegal businesses navigation company 6060.7 yuan of punishment. Careful study of relevant laws that Zhao Jun, the above four types of food illegal belong to four violations, according to "food safety law" to give 2000 yuan punishment, and the commerce and Industry Bureau took the place of at least 8000 yuan punishment "merge" is 6060.7 yuan, and the shop has been repeatedly because of similar violations were punished. Violations of the law third people a life Square Limited nautical branch belongs shall be given a heavier punishment situation, the Bureau of industry and commerce is not properly perform their duties. In accordance with the law, Zhao Jun in February 7, 2012 to apply for administrative reconsideration in question, the Zhengzhou Municipal People's Government in March 24th decided to maintain the Zhengzhou City Administration of industry and commerce to make the penalty. Zhao Jun refuses to accept, bring an administrative lawsuit to the two seven District People's court, decided to request the court to revoke the Zhengzhou City Industrial and commercial bureau punishment, ordered the commerce and Industry Bureau to make a decision. Two seven the district court dismissed the plaintiff's claim for you. After the verdicts, Zhao Jun appeal.

 

Recommended reason] [effective enforcement of food safety management directly, is to let people eat at ease, eat healthy, which is also the country's important livelihood projects. "The security security" mainly rely on the rule of law. The quality of manufacturers and businessmen of unqualified, illegal, illegal and other issues, should be severely punished severely, severe blow, accountability, disposed of in accordance with the law, punish with due severity, this is food supervision law enforcement responsibility. Improve food quality discrimination, eyes wide open, bluff and deceive to manufacturers, merchants in the phenomenon of fake and shoddy food, have no place to hide, and dare to stand up to adults, this is the rights and obligations of consumers. In this case, to fulfill the consumer through administrative reconsideration, litigation and other means of supervision of food safety administrative law enforcement responsibility correctly, such public interest litigation in accordance with the requirements of the rule of law, to encourage and promote.

 

Six, Zhao Zhengjun v. Ministry of health milk standard information disclosure

 

[cases] in 2012 of January, in order to understand the "new GB is enterprise kidnapping", Zhao Zhengjun put forward the information disclosed to the Ministry of health, the minutes of the meetings of the national food safety standards evaluation committee written required public raw milk new GB enacted "". In January 20th, the Ministry of health refused Zhao Zhengjun request; in February 16th, Zhao Zhengjun will be the Ministry of health to the court. In October 17th, the Beijing first intermediate people's court verdict think, the Ministry of health shall not open reason of the facts and legal basis, the court to reply within the statutory time limit for Zhao Zhengjun. Recently, the Ministry of health on public for Henan Ji Zhao Zhengjun consumers demand public raw milk new GB make meeting minutes to reply, said the meeting minutes to process information of the national food safety standards in the examination, do not belong to the Ministry of health to open government information, because this is not open. In December 26th, Zhao Zhengjun decided to sue the Ministry of health, "the fact is unclear, erroneous application of the law" by asking the court to revoke the reply of the Ministry of health.

 

[reasons] "Regulations on open government information" implemented soon, the general office of the State Council issued issued [2008] No. 36, No. 5 [2010] issued two documents, the "Regulations on open government information" is the restrictive interpretation, in which the confidentiality review, process information, a principle of application provide my life, scientific research need to prove that the terms of the citizen's right to know has given heavy bondage production, become the government organs at all levels require the applicant to provide all kinds of proof or refused to disclose the information of the shield. At the same time, the government information public administrative proceedings are still on file, a huge obstacle to the trial. In this case the result is not optimistic, but go for typical case innovation information public judicial environment right, informed citizens, worthy of recognition

 

Seven mobile phone users, telecommunication company public time billing information support

 

[introduction] case in February 16, 2012, Mr. Ge to Zhengzhou Telecom office mail a copy of "application for disclosure of government information", asked the Zhengzhou telecom company discloses "verification certificate 2009-2010 year time charging system report", but the telecom companies on the application to keep silent, to prosecute the former made no reply. Mr. Ge to initiate administrative proceedings, request the court to order the defendant to the plaintiff Zhengzhou telecommunication company of government information public application deadline for reply. The telecommunications company that "the people's Republic of China Regulations on open government information" is not the scope of public enterprises and institutions of telecom enterprises included in the reference regulations within the. Therefore, the plaintiff object does not belong to a specific administrative act, let Zhengzhou telecom company main defendant in administrative litigation is not suitable when. Zhengzhou city two seven district court after hearing that, according to the "Regulations of the people's Republic of China Regulations on open government information" thirty-seventh, Zhengzhou telecom company to provide public services and people's interests are closely related, its range is closely related to the interests of the masses of the public enterprises and institutions, the China Telecom Co Zhengzhou branch is the case the proper defendant, hence decision "within fifteen days of the Zhengzhou branch of the China Telecom Co shall come into effect from the date of judgement, reply to the plaintiff Mr. Ge in 2012 17 February, its apply for government information disclosure". Zhengzhou Telecom Company verdict of the first trial, has filed an appeal to the court of second instance.

 

Recommended reason] [mention of open government information, we will first think must apply to the government agencies, tend to ignore the "Regulations on open government information" provisions of article thirty-seventh, namely, education, health, family planning, water supply, power supply, gas supply, heat supply, environmental protection, public transport and other closely related to the interests of the masses of public enterprises institutions produced, acquired in the provision of social services in the process of open information, refer to the implementation of this ordinance. This case highlights in telecom company although does not belong to the government, but as public enterprises is closely related with the interests of the masses of the people, should also require the use of government information disclosure regulations, win the case for people to ask the public enterprises and institutions of public information on the vivid lesson.

 

Eight, the first National Association for the plaintiff lawsuit win "3 yuan" the lawsuit

 

[cases] in 2012 of March, the Wuxi Municipal Association as the plaintiff will be a Hot pot store in Wuxi on the court, 3 yuan a refund of compulsory consumption of disposable tableware fee, and require businesses to stop this forced consumption behavior. In March 15th, the district court civil mediation on the case. In the final after the mediation, the defendant received the plaintiff, promised future employees must be in order when asked whether the customer use of disposable chopsticks, to corresponding remind obligations, and provide free food for dinner. The court mediation rights success, the court issued a judicial proposal plan.

 

Recommended reason] [compulsory consumption of disposable tableware are common in most catering enterprises. Consumers It's better to save trouble., for fear of losing face psychological contributed to the compulsory consumption behavior of the flood, plus some local government departments and disposable tableware disinfection has have all kinds of connections with interest, let a lot of catering enterprises more secure to rely on to their illegal forced consumption behavior. Before into the civil procedure in the public interest litigation system, the Wuxi Municipal Association as a plaintiff brought such a public interest litigation, it is rare. This after the public interest litigation into law, around the association as a public interest litigation plaintiff filed public interest litigation provides an excellent template.

 

Nine, the owners and the "electromagnetic radiation" to the environmental protection department of Hunan province case v.

 

[introduction] case in 2007, home Jade Garden District of Changde City, building 17, room 3 Sun Bin with pregnant wife plan will house after the renovation, to meet the arrival of new life. In the decoration, found a breach a wall in 1702 common room and the next. Contact the property opened the door, they found, "live" in the 1702 "neighbors", is a communication base station. Because of fears that the base station electromagnetic radiation damage to the health of family members, Sun Bin began the long adults. Beginning in 2009, the environmental protection volunteer lawyers Lei Zhifeng agent Sun Bin a, successively in the Changde branch of China Mobile infringement of neighboring rights, illegal change housing purposes, as well as the government of Hunan provincial Environmental Protection Bureau information is not open, not as administrative mode, bring many civil, administrative litigation. On December 12, 2012, Changsha Yuhua District Court to the plaintiff (Sun Bin) the requirements of environmental protection department of Hunan Province branch penalties according to the deficiency of China Mobile Changde, once again rejected the claim.

 

[recommended] in this case is the reason for the lawsuit against the radiation pollution brought by the few. Although due to various reasons, the unsatisfactory results. But in the local, Changde citizen Sun Bin name is only a symbol of communication base station radiation have a lingering fear of people inside it, as long as there is only the social existence, regardless of social responsibility and corporate, as long as the development of science and technology bring convenience brings disadvantages exist in reality, such contradictions can never avoid. When right, development right to health and citizenship or, when the life and health right and material enjoyment right conflict, how to choose, this is a problem of value orientation. With the development of communication for the enterprise network signal advantage to upgrade, and electromagnetic radiation hazards exist, this contradiction is not only for communication enterprises, but also for the government supervision departments, which need attention and solution.

 

Ten, the first test case in the disability discrimination

 

[introduction] Xuan sea case, 27 years old, eyesight level disability. In 2011 November, "blind" Xuan sea registered for the 2012 national civil service examination, because Anhui province human resources and social security department staff does not provide enough convenience, Xuan sea had to give up the exam. In December 28, 2011, the Anhui Provincial People's government announced to file the application for administrative reconsideration. In March 17, 2012, Anhui province people's government rejected an application for administrative reconsideration. In March 10, 2012, announced the sea sit again in Anhui Province in 2012 the civil service recruitment, Xuan sea truthfully fill out the vision, not through the qualification review links. In April 11th, xuanhai in Hefei local court administrative lawsuit filed two, respectively, asking the court to confirm the Anhui Provincial People's Insurance Department examination service to Xuan sea does not conform to the law, to confirm the Anhui province people's insurance to enroll in the civil service exam rooms limited blind illegal behavior. In June 6th, the court trial of the two cases; in June 14th, the court of First Instance judgement dismissed the plaintiff's claim of two cases. In July 2nd, sun sea filed an appeal to the Anhui provincial Hefei City Intermediate People's court; in August 6th, the court of second instance trial; in August 16th, the second verdict, dismissed claims that the sea again.

 

Recommended reason] [our "law" protection of persons with disabilities in the provisions of article sixth, "the State shall take measures to guarantee the disabled, in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs." The provisions of article thirty-third, "the State shall arrange employment system for the disabled in proportion." Unfortunately, the disabled according to the proportion of employment has not been well implemented in practice, the employment of the disabled is facing many discrimination and difficulties, the disabled groups at present in our country is still in a weak position. An article entitled "law on the protection of disabled persons cited concerns the National People's Congress appointed within the division: to strengthen the implementation of supervision" reported that, according to the National Bureau statistics in 2011, our country nearly five years the new civil servants Zhaolu only 92 of people with disabilities. The government takes care of the disabled "example" attitude like this, and other enterprises and institutions? Let alone the disabled in accordance with the law, the management of state and social affairs, economic and cultural undertakings, management?

Our treatment of the disabled people's attitude and measures distance "International Convention on the spirit of the rights of persons with disabilities" how far? This case is the answer. This case is the national "the arrangements for employment of persons with disabilities" system according to the proportion of whether real torture? Is to the state and the government really respect, treat the disabled equal torture? It is disabled for equal participation in the management of state and social affairs, the dignity and equal signal, is an important part of affirmative action.

 

Eleven, Yi School of public information for application to the competent department of environmental 80 city of pollution source monitoring items

 

[cases] in order to strengthen the introduction of dynamic monitoring and management, focusing on sources of pollution by the state in March 25, 2011, the general office of the Ministry of environmental protection issued the "list" 2011 national monitoring of key enterprises, asked the provinces, autonomous regions, municipalities directly under the central government, the environmental protection department (bureau), the Xinjiang production and Construction Corps Environmental Protection Bureau, the Bureau of protected area management the list of wastewater monitoring of national key enterprise, exhaust gas monitoring of national key enterprise, at the same time as the supervision and management of wastewater and waste gas monitoring of national key enterprise, in which "wastewater enterprises" 4853. How to understand the work of government departments? How to promote the government departments to implement the responsibilities? At the beginning of the year 2012, Beijing Yi School of law firm therefore conducted a public action -- of public information for application to the competent department of environmental 80 city of 27 provinces, autonomous regions of pollution source monitoring items. From the investigation of the process and the statistical results, finally obtain 63 replies analysis report. The 63 EPA environmental information disclosure, the pollutants exceed the standard enterprise publicity of only 8, publicity rate is only 13%; the major, serious environmental pollution incidents in the enterprise publicity rate is lower, less than 5%, only two publicity. Citizens, social organizations access to government environmental information cost is high. The local environmental protection department of environmental information disclosure work lack of emphasis, southwest, northwest area must be strengthened. The lack of public power to the local environmental protection departments on the one hand; on the other hand, also has not formed the fixed uniform diameter and publicly available specification.

 

Recommended reason] [the public action, Beijing city law firms were sent to the country's 27 provinces, autonomous regions 80 municipal environmental protection bureau put forward the application of information disclosure, and completed a "Chinese eighty city pollution source monitoring government environmental information public application report". This public action shows, the information disclosure laws and regulations, the administrative reconsideration system design, for the ordinary people and social organizations, at least one access to government information way. But the government information like toothpaste, you will have to squeeze.

 

Twelve, the Nanjing public transport card back card fees dispute case

 

[cases] in 2012. April, Nanjing citizens Mr. Yu came to Nanjing citizen card company town business hall, Jinling bus card refund. The card balance is 79 yuan, 30 yuan deposit plus card paying, Mr. Yu thought can retreat 109 yuan. Who knows the staff said his card is folded, can not handle the card back, only to return the value, in addition, according to the "special provisions" card, return value will be charged 10% fee card balance. Mr repeated representations invalid, had to return values, and was held for 8 yuan (should be 7.9 yuan, four to five homes in) fee. Mr. Yu believes that citizen card company registered card "provisions" is not the format of the terms of consultation with users, unilateral. At the end of 4, he asked the Xuanwu court proceedings, request any citizen card company returned 8 yuan fee charge back card, confirm charge 10% fee provisions invalid, and ordered the citizen card company "bending card do not retreat" and a return value fees public apology. Following the June 5th not open after the trial, in October 16th, the second session, the public card company half change litigation strategy after the trial, Mr. to do card reading "not registered card provisions", the service contract is not established by the court, the return of 8 yuan fee and 30 yuan back card deposit. Mr. Yu's lawyers think trying to evade the focus of controversy, and said: "money is not enough, should have been playing card back clause is confirmed to be invalid."

 

[recommended reason] this case as a court of domestic first trial the card withdrawing charges clause to the invalid case. And the defendant immediately announced formally abolished the charges. Can be said that a major breakthrough is widespread in all over the country utilities despot provisions in the dispute.

  

Thirteen, individual citizens to file environmental public interest litigation claims losses over a million

 

[case] Cai Changhai is the introduction of Guiyang public environmental education center of environmental protection volunteers. He signed letters of responsibility "and" river claim Guiyang public environmental education center, claimed the Guiyang city belong to Qingzhen city within the jurisdiction of the East River and its watershed, regular monthly inspections of pollution, the environmental behavior with report, the right to complain.Qingzhen City roof waterproof glue factory responsible person Longxing light in May 28, 2011 will be industrial and commercial department seized 8 tons of a toxic chemical waste discharged into river and east gate, the cat jumped river waters sewage ditch. According to the waste water discharge standard of pollutants exceed the standard 147682 times the local waters, benzene, phenol, exceed the standard 3180 times benzo pyrene exceed the standard 2771.4 times. Benzopyrene are organic compounds with strong carcinogen, benzene is a carcinogenic substance phenol is toxic, corrosive, the function of central nervous system or damage the liver, kidney. In 2012 June, Qingzhen City Environmental court to the pollution of the environment crime and the crime of illegal business operation of the combined punishment for several crimes, make executive sentenced to 2.5 years in prison and fined 100000 yuan decision. Water pollution control plan made by the relevant departments, the water pollution caused toxic waste treatment the emissions, investment of 1173000 yuan. So Cai Changhai in his own name to bring a civil action, Qingzhen City People's Procuratorate for prosecution, the defendant requested compensation for the dumping of pollutants caused by water pollution losses 1073000 yuan (deduct has fines 100000 yuan), the compensation paid to Qingzhen City Environmental Protection Bureau of the special account of ecological restoration for throat trouble, for damages the water environment governance. The quality of evidence, court debate, as the last statement in the original defendant, court declared the collegial panel panel after the sentence.

 

[recommended] this case is the first reason China to individual citizens to plaintiffs filed environmental public interest litigation. Qingzhen City Environmental Protection Tribunal for the trial, Luo Guangqian said, that the plaintiff public interest litigation qualification is based on as environmental protection volunteers, claim the river water, the river water environmental protection responsibility. The field of environmental protection has always been the most important position of public interest litigation, the public interest litigation citizens as the plaintiff has certain fortuitousness, copy the chances are questionable, but there is no doubt that, in this case through the filing requirements "the plaintiff must have a direct interest relationship with the case" the fence, to make public interest litigation researchers and practitioners to find everything fresh and new.

 

Fourteen, "is mentally ill," Wu Chunxia v. Henan psychiatric hospital and Zhoukou City Bridge Office case

 

[introduction] case Henan farmer Wu Chunxia for "the household and village disputes, petition," 2008 July in Zhoukou City, small offices and the sister-in-law, accompanied by Wang Xia, was forced into a mental hospital of Henan province is located in the middle of Jianshe Road in Xinxiang City, the main diagnosis is "repeated complaint three years", "treatment" for 132 days after being discharged from the hospital. In 2009 December, Wu Chunxia filed a tort action, in 2010 March trial win. In 2012 June, that the hospital has sent people review guardianship responsibility of Henan Province, Zhoukou City Intermediate People's Court of final judgment, the defendant has not careful review of obligations, shall bear tort liability. The final verdict on Wu Chunxia Bridge office and Henan Psychiatric Hospital of right of personality and health right, to more than 140000 yuan compensation.

 

Recommended reason] [the judgment that mental hospital should review the curing of guardianship, break through the mental health care industry will send people direct presumption as "Guardian" of the "unspoken rule". And the two level courts have acknowledged "diagnosed with mental disorders has commissioned lawyers' rights", in the judicial practice promoted the "mental health law" at the end of the spirit obstacle obtain judicial relief rights.

The case is considered to contain the "dawn of judgment mental illness", help to change the spirit medicine on long-term on guardian system errors in comprehension and execution, and has a guiding significance for the future treatment of similar cases in court. The case won so many "insane" was inspired, mental health day October 10, 2012 world, 4 psychiatric involuntary treated survivors will this case verdict sent the 500 home court and mental hospital, advanced place calls courts and hospitals from the Wu Chunxia case.

 

Fifteen, Beijing public prosecution card company refused to disclose the huge deposit interest to

 

[case] introduction according to Beijing city traffic department statistics, as of 2011 May, Beijing has sent about 40000000 Zhang bus card. According to the calculation of each card to pay 20 yuan deposit, the deposit fee is only more than 800000000 yuan; then calculated by year bank deposit interest rate of 3.50%, only the year precipitation deposit interest is as high as 28000000. Around the huge deposit interest, Beijing citizen Liu Wei in 2012 March 20 to the Beijing municipal transport card mailed a letter of "government information disclosure application form", to apply for public "from 2007 to 2011, the total annual production of all card deposit the amount of the interest, and the use of". Did not give Liu Wei reply card company, a week later, Liu Wei once again apply for specific purposes, open 800000000 deposit and whether the company has established a special deposit management system. However, the card company still silence to. In July 2, 2012, Liu Wei 一纸诉状将 card company to court, requirement order the defendant to perform the information disclosure legal duties within the statutory time limit.

 

Recommended reason] [this case has aroused great repercussions in the China. First, the following. Liu Wei's move has triggered widespread concern in the media and the public. Up to now, has attracted more than 50 media reports, thousands of websites, but also to Guangzhou, Fuzhou, Xiamen, Nanjing, Zhuhai, Changsha, Zhengzhou city residents have put forward the information disclosed or litigation, in order to protect the public's right to know, right of supervision and public participation. The general public citizen consciousness, bus card deposit problems become the focus of public opinion. Second, policy change. For the huge deposit problems related to the vital interests of the general public, in recent years, members of the CPPCC six degrees proposal, prosecution lawyers questioned, but the card company or remain silent, many regulators ignored. Fortunately, sustained action Liu Wei and the other city residents by the positive feedback of relevant departments. In November 1, 2012, the people's Bank of China released "payment mechanism prepaid card business management measures" formally implemented, the bus card deposit will be used as a reserve, directly by the people's Bank of strict management. Official reserve management measures and supporting measures will be released in the near future.

 

Sixteen, "Civil Procedure Law" provisions of the new public interest litigation

 

[introduction] event in August 31, 2012, the eleven meeting of the twenty-eighth NPC Standing Committee voted through the decision of the National People's Congress Standing Committee on the revision of the civil procedure law, the revised "PRC Civil Procedure Law" since January 1, 2013 since the implementation of. Amendments added fifty-fifth regulations on public interest litigation: on the pollution of the environment, violations of the legitimate rights and interests of consumers, many damages social public interests, the law of the relevant organs and organizations can bring a lawsuit to the people's court.

 

Recommended reason] [in a lot of the legal profession, the "Civil Procedure Law" to modify the first join the public welfare lawsuit content, is a sign of progress. But the subject of litigation limitation "body can be sued the institutions and organizations" provisions of the law, not give citizens filed public interest litigation, but also initiated the "China public interest litigation door ajar". Public interest litigation in foreign countries as a litigation practice, few countries by legislation, the increase of the system of civil procedure law, can be said to be a pioneering work. However, the provisions of public interest litigation does not corresponding programs and supporting system, how to operate the judiciary in practice, how to improve the relevant system, all need to continuously explore.

 

Seventeen, Chen Dan "mental illness" v. Huilongguan Hospital of personal freedom infringement case

 

[cases] of Chen Dan (a pseudonym) is a Beijing independent living and working Engineer for nearly ten years, because the parents are dissatisfied with the love object selection, in late June 5, 2012 to hire four strange men to forcibly brought to Beijing Huilongguan psychiatric hospital. Huilongguan hospital without clinic, only by their parents, then arrange Chen Dan "observation" 72 hours, after three rounds and experts consultation, finally Chen Dan was considered without hospitalization and discharge. In July 11th Chen Dan commissioned a public interest lawyer Chen Jihua lawyer and lawyer Xu Can, to "infringement of personal liberty" on the grounds that the prosecution to the court in Huilongguan Beijing Changping District Beijing Hui Long Guan Hospital, Huilongguan Hospital of apology and compensation for damage. In September 28th, the court accepted the case. In November 16th the first hearing was to exchange evidence at present stage, waiting for the next session.

 

[recommended reason] this case as a "mental health law" after the first case. The incident in the "mental health law (Draft)" review period, Chen Dan for the diagnosis of involuntary mental disease is restriction of freedom of person 72 hours to get the public attention, after the case, in October 23rd the National People's Congress Committee of the third review "mental health law" draft, second draft Provisions "doctors should be within the prescribed was admitted after admission within 72 hours of make a diagnosis" is low-key deleted, changed to "shall promptly make a diagnosis", this case is one of the important factors for promoting legislation.

The current mental health legislation to allow the consanguineous Zodiac cross the restriction of personal freedom, the provisions on the guardian's easy to abuse, this case relatives send governance, will continue to leak current adult guardianship system of torture. In the case of great social influence, the parties Chen Dan recently in "Yangcheng Evening News" "dream" series of character, the case is considered to promote the perfection of "mental health law", and the citizen's physical and mental health model.

 

Eighteen, the people's Procuratorate of Haining City v. Haining city in case of environmental public interest litigation protection's Longdian engraving Co. Ltd.

 

[introduction] case in Haining's Longdian engraving Co. Ltd is specialized in machinery parts processing electroplating enterprises. According to the requirements of environmental protection, in Haining's Longdian engraving Co. the company shall all be electroplating wastewater recycling, not be discharged. But since October 2011, the company has been idle sewage treatment facilities, the kangaroo underground pipe to avoid regulatory manner without electroplating wastewater treatment by rainwater pipeline directly into the company on the west side of the river. In July 4, 2012, Haining city environmental stations wastewater on the company North electroplating workshop outside the southwest rain water pipe in the sampling, found that the total chromium, six chromium, nickel were exceed the standard 166 times, 723 times and 3.77 times. Haining City People's Procuratorate think, Haining city in Longdian engraving Co. company illegal kangaroo underground pipe, without electroplating wastewater treatment by rainwater pipeline directly into the outer river, in violation of the legal provisions, seriously polluted the local water environment, harm the public interest, in accordance with the law shall be liable to stop the infringement, eliminate the obstruction, to eliminate the risk of civil liability. In September 14th, Haining City People's court case, organize the parties for mediation. Eventually the two sides reach a mediation agreement: Haining's Longdian engraving Co. Ltd. in September 14th from electroplating waste water a month demolition pipe and cleaning plant range.

 

Recommended reason] [environmental public interest litigation before the public interest litigation system in civil procedure law by the procuratorate. The environmental protection law, which causes environment pollution, have the responsibility to eliminate the hazards, and the unit or individual that suffered direct damages. However, the law has not stipulated in the injured subject not specific or when it is difficult to determine, who claim compensation. Pinghu people's Procuratorate to the identity of the plaintiff to represent the damage of public interest litigation filed compensation is a meaningful attempt.

 

Nineteen, Duan Wanjin, Wu Guangtao, and the State Administration for Industry and Commerce Limited lawyer inquiry business archives dispute case

 

[introduction] cases since May 21, 2012, lawyers in the Beijing industrial and commercial bureau to check the business data must hold the registration certificate. Only to the court in a company to understand the detailed business information. Duan Wanjin and Wu Guangtao lawyers in the common agency's case, need to investigate a company business archives. Two people hold a practicing certificate, law firms letter of introduction, information disclosure requirements for application, State Administration for Industry and commerce according to law in a public company investment agreement, articles of association, change registration book of business archives. The State Administration for Industry and commerce to them without court rejected the application notice. Duan Wanjin thinks, in violation of the relevant provisions of the "law". "Lawyers Law" the thirty-fifth regulation, attorney to investigate the evidence, with lawyers and law firms practicing certificate to prove, to investigate relevant units or individuals undertaking legal matters with the situation. However, the State Administration for Industry and commerce that the practice of evidence. In 2003, consulting the files of enterprise registration method modified "State Administration for Industry and commerce" (hereinafter referred to as the "query") specified in the first paragraph of article seventh, the litigation law firm, query personnel to produce court registration certificate and the lawyer certificates, can form a file data query. This provision as early as 2007, questioned. The Beijing first intermediate people's court formally opened.

 

[recommended reason] administration for Industry and commerce requires lawyers to file the notice by the legal basis for records has two: first, "lawyer law" stipulates that the thirty-fourth "since the lawyer commissioned a case by the people's court date, have the right to consult, extract all the material and copy with the case of material." Second, consulting the files of enterprise registration "means" seventh rules "law firm agent action, query personnel to produce registration certificate and the lawyer certificates, can book archives query". But in the eyes of the lawyer, the State Administration for Industry and Commerce Limited lawyers Chadang is illegal, is essentially due to the lack of the consciousness of rule of law, and hostility, contempt for lawyers too. This procedure is important, to a certain extent, can promote the improvement of the system of records, promote the government really do a good job in information services.

 

Twenty, Liu Yanfeng v. Shaanxi Finance Bureau of Work Safety Supervision Bureau for undisclosed "smiling chief" wage

 

[cases] in 2012 of September, China Three Gorges University Sophomore Liu Yanfeng to the Shaanxi Provincial Department of finance, Shaanxi province safety supervision bureau to apply for public "smiling chief" Yang Dacai 2011 Annual salary. Shaanxi Provincial Department of Finance said in reply, this matter does not belong to the scope of the public. Liu Yanfeng said, did not receive the Work Safety Supervision Bureau in Shaanxi province. The day before yesterday, Liu Yanfeng came the news of Hubei Three Gorges College students apply for public "cousin" Yang Dacai wage: he has been formally charged in the Finance Department of Shaanxi province and Shaanxi province Safety Supervision Bureau administrative omission, finance hall to his reply is not legitimate, and the work safety supervision bureau directly for his application shall not reply, lawyers have the indictment submitted to the court of Xi'an Metro Lianhu court and Xi'an City, two courts have accepted the relevant materials, to review, seven days to reply. According to Liu Yanfeng said, on the eve of the top eighteen has been withdrawn.

 

Recommended reason] [2012 is micro-blog anti-corruption has made great achievements in a year, the property of public officials to discuss the topic of, almost has extended to all should reach the area, through public events do not stop refresh relay drive, the system is established and the substantive operation of the urgent nature has formed a consensus society. But the problem may be, depicting the policy direction of the language is clear enough, but the actual operation level system and advance has been the present status of heavy resistance. The case raised students apply for officials to a climax wage open. In the future society of rule of law in the process, especially in the field of public information, college students will play an irreplaceable role in.

 

Twenty-one, the first case of citizens against public security organ fails to perform the information disclosure obligation

 

[introduction] cases in late December 24, 2011, work at the site of the new rural construction of Henan Luohe Yan Pei town Henan Xiping farmers Fan Xiaocai went missing in the scuffle with several local villagers, things of the past three months, the next year is the March 24, 2012 Fan Xiaocai body was found in a pond near the construction site, the Luohe Public Security Bureau Yancheng District think Fan Xiaocai was drowned to death in the investigation, the public security organ and decided not to file a case. Fan Xiaocai's wife, Bai Wenping thinks that Fan Xiaocai's death was doubtful points do not rule out the possibility of homicide, request the public security organs openly with Fan Xiaocai about death all of the information, and asked to provide written. The public security organ in the public security internal regulations require secrecy grounds to refuse to provide. Bai Wenping of Yancheng police refused to carry out illegal acts of government information of discontent in Yancheng District Court on 10 October 2012 in Luohe City, bring an administrative lawsuit in court to prosecute Bai Wenping Yan, matters are not by make inadmissible decision court trial, white paper refuses to accept this decision to the Luohe City Intermediate People's court of appeal, court of Luohe decided the morning of December 28th in the court hearing the case in open court third.

 

[reasons] the logic starting point of government information openness is "the sovereignty of the people". "Sovereignty belongs to the people" not only gives the citizen's right to vote and to create a democratically elected government, and gives the citizen right of freedom of expression requires extensive, to ensure that citizens enjoy the speech published, rallies, demonstrations to protest the government elected by the voters of freedom from the interests of the. Freedom of expression and the effective cannot do without the citizens full understanding of government information. Therefore, protecting the right to know is the direct reason for the publicity of government information. Since the implementation of "Regulations on open government information", other government departments in carrying out the government information disclosure responsibilities are greatly improved, but the public security organs because of the inertia of thinking history, mystery particularity with their responsibilities to the public, is often based on internal grounds to refuse to provide confidentiality is closely related to civil rights information, make the citizen's right to know where they cannot be put into effect, causing public discontent, also caused a lot of social contradiction. Bai Wenping sued the Henan Luohe Yancheng public security is the Chinese citizens against public security organs does not fulfill the Information Disclosure Responsibilities of the first case, the trial may be a mysterious veil enveloped in the public security organs on the body. In a country under the rule of law, no privilege organ, all state organs must be active in the Constitution and law, the openness of government information public security should not be an exception.

 

Twenty-two pregnant women in the first case of employment discrimination, Guangdong

 

[case] Li Xiaoqin introduction, in 2010 7 monthly salaries duties of Taiwan funded enterprises in Guangzhou city Haizhuqu District Tsuen champion garment accessories business department, served as the "English translation". In 2010 September, Li Xiaoqin was pregnant. In 2011 March, due to pregnancy discomfort is very strong, Li Xiaoqin put forward in poor health, is not suitable to continue to work, so please leave, get approved, and began to take maternity leave in April 11th. In May 27th Li Xiaoqin born daughter next lovely. As Li Xiaoqin immersed in the joy of the new mother, Li Xiaoqin received the notice, the company was unilaterally terminated. At this time, maternity leave is not completed. Later, Li Xiaoqin tried to go back to work, but the company refused to enter the office. In March 8, 2012, Li Xiaoqin will be the employer to court, claiming that the maternity leave is not the end was dismissed, equal employment rights are violated, require the company to compensation for spiritual damages and a public apology. In November 6th, the Guangzhou Haizhuqu District court formally accepted the case. At present, awaiting a court in.

 

Recommended reason] [pregnant women was fired during pregnancy, in accordance with past practice is required to arbitration, in accordance with the labor dispute handling. In this case the choice directly sued to the court, is the first to have gender perspective requires appeal case, known as "the first case" Guangdong Women Employment Discrimination Litigation, help to expand women's anti discrimination advocacy channels.

 

Twenty-three, Gan Qing Hong v. WAL-MART SZITIC stores, "American almond not almond" consumer fraud case

 

[introduction] case JINGWAH times revealed in China market for many years "America almond" not almond industry behind the scenes, Beijing lawyer Gan Qinghong has launched a public interest litigation, sued the almond almonds sold as business fraud, and has won the court case. The original American almond board of California last week announced in Beijing, in the Chinese market "USA almond" was renamed "almond"; professional estimates, only 2006 to 2011, China consumers because America almond almonds in China counterfeit sales, at least spend 18500000000 yuan. According to Gan Qinghong introduction, in November 21st, he and Investment Co. Ltd. in Shenzhen to buy WAL-MART "salt and almond" and "salted almonds" each package, a total of 27 yuan. Two bags of product ingredients ingredients introduced are almond (Almond). According to the relevant provisions of the Ministry of health, the operator should be prominent location on food labels are clearly labeled reflect noun special food real property, and WAL-MART as large retail product operators, the almond named almonds sold, mislead consumers and fraud, related products shall be under the plane. Gan Qing Hong on 22 November, Shenzhen Luohu District people's court proceedings, sued WAL-MART SZITIC stores, fraud, requesting an order the defendant to the plaintiff to pay double compensation -- compensation 54 yuan.

 

Recommended reason] [the case is a 54 yuan small amount of cases, but through this case can play a wide and deep social effects: on the one hand to guide consumers in China through legal channels to safeguard their own rights and interests, on the other hand can warn the unscrupulous businessmen, making money shall be legal, illegal will be punished. If the lawsuit is successful, will mean that the consumers in the purchase of "USA almond" products may apply to the sellers or manufacturers put forward double compensation request. But, after "the American almond" people too many to count, when they eat big almond had not almond, in the face of such a "hoax", why is the most silent? As the lawyer Gan Qinghong said, if we encourage to trifles and ask for trouble check evidence of both parties at court is trying to defend the rights of this emerging universalism moral. This is only one aspect of things, this is only the surface of the problem. In fact, we have to publicly announced, we claim through litigation to "ask for trouble", is not only the rights advocate, more important is, we defend each person's main body status and the consciousness of people, to defend the birthright of freedom, respect everyone's creativity and potential contribution to the future development of the.

 

Twenty-four, China public exam examination "is the first case of hepatitis B"

 

[cases] in 2010 of April, Li Feng joined the Shaanxi provincial civil service examination, written examination, interview score of second results in the examination. In July 3rd, Li Feng in the civil service bureau website, their physical examination unqualified, need to recheck once, the result is still not qualified. Xi'an City Civil Service Bureau told Li Feng "hepatitis B tests of second and fifth positive, belonging to the" chronic disease "will be transmitted to other people. But Li Feng once in a day and a half months ago and before the physical examination are the First Affiliated Hospital of Medical College Hospital and the Xi'an Jiao Tong University in five hepatitis B, normal, Li Feng consulted the professor at several big hospital doctors, Xi'an, were told "second, fifth positive, that was probably previously infected the hepatitis B virus has been recovered or injection. Hepatitis B vaccine, and has produced protective antibody, the future will not be infected with hepatitis B, which belongs to the normal healthy people, will not be transmitted, without treatment". According to the "B", "refused to record" the facts, Li Feng in 2010 August to Xi'an City Hall lodge an administrative reconsideration was dismissed in October, Lianhu District to the people's court according to the decision of reconsideration of administrative litigation has been rejected. In 2011 March, Li Feng again to the Xi'an City Intermediate People's Court of appeal, the ruling of the second instance procedure request does not belong to the people's Court of the case, according to the "civil service law" does not accept the case. In 2012 November, Li Feng respectively to Xi'an City Intermediate People's court to submit the appeal application, filed a protest application to Xi'an City People's Procuratorate, two organs receive relevant information. But so far no reply. In two hospitals in the case alleged violations of personal privacy in Li Feng in 2011 August, Li Feng sued to Xi'an Beilin District People's court, asked to confirm the two defendants illegal examination violated the plaintiff's physical privacy (right), the right to employment. In October 12th, the court rejected the prosecution Beilin district. In October 16th Li Feng to Xi'an City Intermediate People's Court of appeal. In May 9th, after the efforts of the parties, lawyers, court coordination, original, the mediation agreement is reached, the two defendant to compensate the plaintiff 70000 yuan compensation for mental damage. The case by the media as "the country take the first case of claim".

 

Recommended reason] [Chinese public exam examination "is the first case of hepatitis B" in the trial process, the Ministry of public security in 2011 active modified police physical examination standard, delete the provisions about ordinary people's police check five indexes of hepatitis B. The case also won nearly 100 newspapers, TV, radio media reports and reproduced. In the case of a certain extent promoted the unspoken rule in the civil service examination by the media exposure rate, increase the social supervision on civil service examination examination link. The country take the first case of claim for a payment of $70000 (Privacy damages), is the same type of domestic medical privacy rights litigation to obtain compensation for the higher or the highest case. Compensation for mental damage in anti discrimination has much to learn from and promote the role of.

 

Twenty-five, Beijing lawyer and Sue Qihoo 360 invasion of privacy

 

[introduction] case in November 23, 2012, the Chinese Academy of Sciences organized an internal discussion, CAS Key Laboratory of security technology research and writing of "privacy disclosure risk of Technical Research Report" carried out a detailed disclosure of the 360 browser three privacy and security issues, including the collection of user browsing page address, collect users in the browser address bar enter information and reservation backend port, using cloud instruction without the user's consent, performed in the background "licence agreement" provisions outside the function, it will bring the disclosure risk and serious harm user network privacy. Institute of information engineering, deputy director Meng Dan confirmed the authenticity and the independence of the data. In November 27th, Beijing Shuangli law firm practice after 85 female lawyer "s $124" in micro-blog released to Qihoo 360 the protection of individual privacy, civil complaint, and for the prosecution was broadcast live, the Beijing Daxing District people's court has accepted the complaint.

 

Recommended reason] [in this case is by far the Chinese users to the Internet enterprise, initiated the first privacy lawsuit case. At present, China's Internet users awareness of privacy protection is relatively weak, and the related laws and regulations is not perfect, the network privacy, especially as the netizen individual vulnerable groups rights violations difficult. The behavior of protection, not only to promote the perfection of the legal protection system of privacy in China, the legislative system is good personality rights legal protection, will become a landmark event awakening awareness of protection Chinese Internet users privacy protection, drive more Internet users concerned about their own network privacy, inspire more people to protect the network privacy right consciousness, reduction of personal information, personal privacy has been violated abuse events.

 

Twenty-six, female university graduates employment sex discrimination case against the giant Education

 

[cases] of 2012 university graduates Cao Ju (a pseudonym) the position has a "found in your resume for the giant education administrative assistant position only male", Cao Ju thought that the conditions of their own accord with the job description, can be competent for the job, when deliver resume did not get any reply circumstances, Cao Ju call the giant education, to confirm the "men only" is a mandatory requirement, the answer says the job is only for men, even the girls all conditions are met, will not be considered. Cao Ju think this is gender discrimination, and in 2012 July 11 days to Haidian District court giant education. However, the court has not the circular file, also said that the study.

　　

[reasons] gender equality is a basic national policy, "the constitution" and "women's rights protection law" stressed: "country to protect women and men enjoy equal rights of labor and social security rights." "Labor law" and "Employment Promotion Law" are clearly defined "shall not refuse to employ women on grounds of sex or raise the employment standards for women." However the sexual discrimination in employment market is very common. Development Department of the ACWF released 2011 "female college students' employment situation investigation report" pointed out, 91.9% of the surveyed female college students feel the gender bias unit. 2008 entry into force of the "Employment Promotion Law" clearly provides employment discrimination case to the court, but in the case of no female job seekers because of sex limited to court. The case acceptance, can fill has been criticism of the "labor law" the implementation of more than ten years without a job opportunity sex discrimination case blank.

The case will not only promote the judicial implementation of "Employment Promotion Law" provisions of the fair employment, and will have to encourage university graduates rational rights, promote social harmony and positive social effect. The case after reports cited concerns of the community, all female college students expressed support, affected the case in November 5th, Guangdong female college students Wen Yuxuan (a pseudonym) to the Guangzhou Yuexiu District people club Bureau complaints a Hong Kong sex discrimination exists in ear recruitment. In December 26, 2012, Guangzhou, Beijing, Shanghai, Lanzhou, Zhengzhou, Ji'nan, Wuhan, Nanjing 8 city of female college students on the same day to all people club Bureau, industrial and commercial bureau report 237 released sex discrimination in Recruitment Information "Zhaopin" of the enterprise, and the collective North Beijing Chaoyang people club Bureau key report the occupation intermediary "Recruitment" a large number of long-term release discriminatory recruitment information.

 

Twenty-seven, 78 master of law students sued the University of political science and greatly reduce the scholarship

 

[cases] of scholarship students in grade 2010 students of grade 2011, is 9000 yuan, only 2000 yuan. In December 12, 2012, China University of Political Science and Law 78 grade 2011 legal master group filed a lawsuit in court, said the school recruit students general rules of unpublished scholarship specific policy is illegal, and require replacement before scholarship. Changping District people's court in China University of Political Science and Law is not an administrative organ, not applicable subject in administrative litigation is not on file. Officials responded that, scholarship students is due to the decrease of the Ministry of education funding to cancel. After the incident, China University of politics and law have been organized students forum, held in the general assembly, and in December 14th published the supplementary comments the scholarship scheme, publicity on the school website, said the school will re grade 2011 in 342 law graduate scholarship in 2011-2012 school year for review, the scholarship amount and level 2010, the coverage ratio ascension to 65%. In addition, the students said, the original scholarship students will issue 7000 yuan bonus. University of political science and law in December 16th announced a new "Management Graduate Scholarship (Draft)". According to the regulations, the school will distinguish the master academic master degree and professional degree no longer, scholarships coverage ratio is defined as 70%.

 

Recommended reason] [in this case, the University as the national public education institutions, education and management of students in the exercise of the right, is essentially represents the country to exercise the right of education management. In this sense, universities can be used as a defendant in administrative litigation. Such as Beijing University and University of Science and Technology Beijing have been students bring an administrative lawsuit and the court case. With the Tian Yong vs. University of Science and Technology Beijing declined to award the diploma, degree certificate education administrative litigation cases, cases of students to school more and more. Similar to the case law has greatly promoted the modern school system construction according to law school. At the same time also caused people to the introduction of judicial interpretation, clear whether universities with administrative main body status and education administrative case accepting scope, applicable law, review principles and standards, the mode of judicial supervision in Colleges and universities from Perspective of law to supervise.

 

Twenty-eight, Shandong Environmental Protection Bureau of Dongying City v. enterprises illegal sewage case

 

[introduction] in 2011 5 cases, in June, the legal representative of Wu and Zibo city Zhoucun solvent factory Yang oral agreement, industrial wastewater by Wu Sinotrans plant production. In July 29, 2011, Wu will emit pungent chemical odor viscous black liquid pouring into the Shengli Oilfield Gathering and transportation team at 20 meters south, Dongying City Environmental Protection Bureau law enforcement officers on the spot to intercept. Later, Wu and Yang suspicion of environmental pollution crime is Kenli County Public Security Bureau of criminal detention. Via checking, the defendant wumou the dumping of industrial waste water of 13 cars, about 260 tons, pollution area of 66 mu of land. In 2012 December, Dongying City Intermediate People's Court of environmental protection court verdicts on the plaintiff Dongying City Environmental Protection Bureau defendant Wu, a Dongying Transport Company Limited, Zibo Zhoucun a solvent chemical plant environmental pollution liability litigation case. A solvent chemical plant the defendant Wu, Zibo City, Zhoucun was sentenced to compensation for pollution damage cost more than 742 Yuan due to illegal sewage a trial, the defendant is two that did not appeal.

 

[recommended] according to this reason, Shandong province is the first environmental public interest litigation. The court in support of the claims of the plaintiff, opening the door for organizations filed a lawsuit to safeguard public interests, to promote pollution enterprises and individuals to operate in accordance with the law, set up the consciousness of environmental protection, is of great significance to promote the public participation in environmental protection

 

Twenty-nine, dangdang.com 809 default case

 

Case synopsis] [August 9, 2011, dangdang.com launched "Dangdang tour books, Li 72 hours of panic buying children's book" promotional activities, from 9 days of zero began to panic buying, many netizens have keep in front of the computer such as rob single, many consumers successfully place an order, has not recovered from the joy of success in order to, reports on dangdang.com unilaterally cancel orders news. In the evening, dangdang.com official micro-blog orders for the endless "disappeared" for a public apology, said that because of the artificial input errors, resulting in the promotion of commodity prices in error, compensation for each consumer 30 yuan coupons. For when the cancel behavior, 1047 consumers cannot accept business unilateral breach of contract behavior, decided to collective rights, many consumers to establish a QQ group rights, accused dangdang.com default. Wang Peng lawyers through understanding, found that the current network shopping legislation seriously lagging behind, and consumer rights difficult problems, difficult burden of proof, the high cost of rights, no law, no decision case, wide distribution, the victim, and consumers through discussion, the final 600 consumers in order to discuss the statement, standard network shopping objective to collective rights. In September 1, 2011, the first successful case after consumers, first, second, 5 trial, up to 10 months of legal action over. Court the court of first instance verdict: dangdang.com in accordance with the contract to the consumer price in accordance with the order delivery order books, did not adopt manual operation errors for court business. The appeal court of second instance upheld. The first consumer finally received dangdang.com delivered the court books consumer on the afternoon of July 3, 2012, a total of 560 volumes of books. For the subsequent 600 consumers agreed to in accordance with the implementation of court decisions a purchase order, the performance of the contract. China is by far the largest online shopping and online shopping disputes case, few consumers win cases.

 

[reasons] in recent years, the rise of online shopping, many consumers remain within doors will be able to enjoy the convenience of online shopping, online shopping has reached the scale of 1184000000000 yuan, at the same time, China's online shopping legislation lags behind, default events emerge in an endless stream, consumer rights protection is difficult. The decision of the court is conservative, consumers require proof, very difficult, because the background system in their hands. Hope that the relevant departments as soon as possible to finally publish relevant legal norms, especially to regulate business format contract, contract, the burden of proof and other details. China online shopping at present the following problems: 1 the interests of consumers can not be guaranteed, the spread of false information; 2 regulatory gaps exist, the current lack of relevant regulations; hope that the regulatory authorities as soon as possible the provisions of relevant laws. 3 network operators dominate, wanton violation of the rights and interests of consumers are frequent. In this case the legislative process for the Department of network shopping in a certain degree, the Ministry says it will soon "network retail transaction management approach", standardize the network shopping environment and dishonest behavior. Part of this specification is not standard web site their trading behavior. In the case of online shopping contract disputes triggered by the collective rights case, believe in many consumers and lawyers efforts, will promote and establish a perfect shopping network norms of our country to some extent, promote the standardized operation of online shopping in china.

 

[] the voting time: in 2013 01 months 13 days -- in 2013 01 months 26 days

The vote [address]:Http://www.pil.org.cn/toupiao2/Chinese Public Interest Action Network