-
How to leverage the role of expert opinions in argumentation?
2024 12/19Author:Dong XiaohuaIs it useful for defense lawyers to submit expert opinions in criminal cases? This has always been a controversial topic. Last year, Dong Mingzhu invited five well-known legal scholars to Zhuhai to discuss a case, which once again pushed the expert opinions to the forefront. I have also seen many expert opinions when I was a prosecutor. I have also organized several expert discussions in the cases I participated in after resigning, and invited well-known experts, so I would like to share my own views. -
Analysis of Issues Related to the Cost of Overdue Use of Scaffolding in Construction Projects
2024 12/18Author:Shen WeiliangThe issue of exceeding the construction period during the construction process is quite common for contractors, and the resulting disputes such as exceeding the construction period are unavoidable issues for both parties. Among them, the determination of the overdue use fee for "scaffolding" (including the internal support formwork of the tall formwork support system) in professional subcontracting contracts has caused many controversies and differences. In judicial practice, courts in various regions also have different opinions on the nature of the overdue use fee for "scaffolding". If the overdue use fee of the "scaffold" is a settlement clause, it is difficult for the people's court to exercise its discretion to adjust it; If the overdue fees belong to the breach of contract clause, the court may exercise its discretion to adjust them in the event that the defendant argues that the liquidated damages agreed upon are too high. At the same time, in practice, there are often a large number of subcontracting contracts for the "scaffolding" profession where the contractor does not have the corresponding professional subcontracting qualifications, resulting in the invalidity of the signed "Construction Engineering Professional Subcontracting Contract". If the overdue fees are deemed to belong to the penalty clause, the penalty clause cannot be applied on the premise that the contract is invalid. Therefore, in judicial practice, it is particularly important for courts to understand and judge overdue fees. -
Can retired individuals apply for occupational disease diagnosis?
2024 12/16Author:Hu Jie、Qu RonggeAccording to Article 2 of the Occupational Disease Prevention and Control Law of the People's Republic of China (2018 Amendment), occupational diseases refer to diseases caused by workers in enterprises, institutions, and individual economic organizations who come into contact with dust, radioactive substances, and other toxic and harmful factors during their occupational activities. -
Detailed explanation of the process of gratuitous transfer of state-owned property rights in enterprises and analysis of core dispute issues
2024 11/20Author:Li XianMany people have always had a misconception that the transfer of state-owned property rights between state-owned enterprises can be carried out free of charge, thinking that since they are all state-owned enterprises, mutual transfer will not lead to the loss of state-owned assets. However, this is not the case in reality. The gratuitous transfer of state-owned property rights of enterprises is carried out between specific state-owned entities, and is not applicable to all entities holding state-owned property rights. -
Recognition and division of whether the housing reform house belongs to the joint property of husband and wife
2024 11/15Author:Yao JuanPolicy background: Housing reform is a product of China's urban housing system reform. It is a transitional policy for urban housing to transform from previous unit allocation to a market economy. It refers to the purchase of existing public housing by urban residents at cost price or standard price in accordance with relevant national policies on urban housing system reform. -
Comprehensive judgment on whether "one product, two sales" constitutes the crime of fraud
2024 11/13Author:Dong XiaohuaIn judicial practice, there are different ways to handle the issue of selling one product twice. Some are handled as civil disputes, while others are punished based on criminal convictions. Does selling one product twice constitute fraud? The essence of the crime of fraud lies in the illegal possession of someone else's money. If the perpetrator falsely claims to have goods and collects payment from the buyer without any goods to deliver, and then illegally takes the payment as their own, it naturally constitutes the crime of fraud. However, in practice, there are different manifestations and solutions for selling one product at a time for different reasons. Whether it constitutes fraud depends on the judgment of comprehensive factors. Below, the author will explore in detail the elements that may affect the composition of a crime. -
Practical issues related to the division of compensation benefits for demolition in divorce proceedings
2024 11/12Author:Yan HuiIn divorce proceedings, the parties usually fight for their legitimate rights and interests around three major litigation requests: divorce, child custody, and property division. The compensation benefits for demolition belong to the category of property division. With the intensification of urbanization, the phenomenon of land expropriation is commonplace, and the compensation for the expropriation of houses on land generally involves a large amount of money, which belongs to important family property. Whether one spouse has the right to divide during divorce involves the determination of joint property between spouses. The key to determining whether one party enjoys the benefits of demolition compensation is to determine whether the involved demolished house and the compensation benefits belong to the joint property of husband and wife. -
Can I be considered a work-related injury if I am involved in a car accident after leaving work early?
2024 11/04Author:Chen KaiLi is a labor dispatch employee of a human resources company in Nanjing, dispatched by the company to work at a logistics company in Nanjing. On the afternoon of April 12, 2021, Li was riding an electric bicycle from work early and on his way home. While passing through the intersection of Puhe Line and Chahu Road in Pukou District, Nanjing City, he was accidentally hit by a motor vehicle, causing abdominal trauma. Despite rescue efforts by medical staff, he died. The traffic police determined that Li was not responsible for this traffic accident. -
The Application of Coase Theorem in Environmental Law and Data Law: A Revolutionary Perspective from Command Control to Market Orientation
2024 10/24Author:Looking towards the future, the design of China's environmental and data legal policies should be at the forefront of the times, daring to integrate the wisdom of the Coase theorem with the solid foundation of traditional regulatory methods, and weave a rule of law network that pursues efficiency and defends fairness. Only in this way can we find a stable and innovative path in the complex game of environment and data protection, and build a comprehensive and efficient legal framework. Through precise property rights definition and sophisticated market mechanism construction, we can not only achieve the optimal allocation of resources, but also unleash the infinite potential of social development, leading us towards a bright future of sustainable development and illuminating every corner with the light of social welfare.