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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. -
Research on Issues Related to the Priority of Compensation for Construction Project Prices
2024 10/23Author:Shen WeiliangThe priority right to compensation for construction project prices is based on Article 807 of the Civil Code of the People's Republic of China, and its requesting parties are relatively diverse. In addition to the contractor of the construction contract, it also includes the contractor of the decoration and renovation project, but the actual construction personnel, material suppliers, surveyors, designers, and supervisors are not included. The scope of compensation mainly includes costs, profits, and taxes, excluding interest, liquidated damages, and compensation for damages. The determination of the starting point needs to be analyzed on a case by case basis. The exercise methods are relatively diverse, including but not limited to litigation, arbitration, and mutual agreement to use property as collateral. -
Are all the people detained in the detention center bad guys?
2024 10/11Author:Ren GuiAre all the people detained in the detention center bad guys? What is the purpose of a detention center? The common people immediately understand that it is a place for imprisoning illegal and criminal individuals, isn't it? As a lawyer, I know what kind of gimmick I'm playing with. -
The unity of arrest and prosecution should be a "combination of appearance and separation of spirit"
2024 09/19Author:Dong XiaohuaI recently handled a case and learned that the assessment criteria for reviewing arrest cases have undergone significant changes compared to before. The current assessment standards of the procuratorate stipulate that regardless of the reason, the release on bail, non prosecution, or probation after arrest are all negative evaluation indicators. It is said that the purpose of such regulations is to reduce the arrest rate, but in fact, can it really have this effect? Prosecutors, in order to avoid deduction of points after arrest, will make every effort to avoid bail, non prosecution, or probation, regardless of the actual situation of the case. As with the minor crime case I am currently handling, if I plead guilty and accept punishment before the investigation and arrest, the arrest will definitely not be approved; But admitting guilt and punishment after arrest cannot change the coercive measures. In this way, the arrest rate and actual punishment rate will inevitably increase, and more importantly, it deviates from the original intention of combining arrest and prosecution. -
How to protect the rights and interests of workers under the compensatory leave system?
2024 09/12Author:Hu Jie、Qu RonggeIn the golden September, as the Mid Autumn Festival and National Day holidays are approaching, topics such as the pros and cons of "compensatory leave", "compensatory leave" and "overtime pay" have sparked a new round of public discussion. In this context, we cannot help but ponder: how to safeguard the legitimate rights and interests of workers while balancing the needs of economic and social development? The original intention and current situation of the "compensatory leave" system? How can we further solve the controversial issue of "compensatory leave" in rational discussions? It is worth exploring. -
The difference between traditional pledged assets and data pledged assets
2024 09/03Author:Zhu JiapingWith the booming development of the digital economy, data asset pledge has gradually emerged as an emerging financial tool. This article compares the differences between traditional collateral and data asset pledge in terms of physical and virtual, exclusivity and replicability, divisibility and indivisibility, value certainty and uncertainty, regulatory clarity and lag, technological dependence, regulatory maturity, liquidity, and timeliness. It deeply analyzes the challenges faced by data asset pledge and proposes corresponding countermeasures and suggestions to promote the healthy development of data asset pledge and provide strong support for financial innovation.