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Can consumers claim triple compensation when encountering insurance fraud?
2024 03/15Author:Li ZongjiangLast year, our team acted as an agent for an annuity insurance surrender case, with a surrender amount of 1.5 million yuan. With the efforts of our team and multiple negotiations, the insurance company finally refunded the full premium to the customer. When formulating the litigation plan, we prepared a plan to claim triple compensation from the insurance company. If the case enters the litigation process, whether insurance consumers can claim triple punitive damages in the event of insurance fraud will become the biggest controversial focus. -
Have you understood the profoundness of Article 20?
2024 03/12Author:Dong XiaohuaI watched director Zhang Yimou's "Article 20" with great anticipation during the Spring Festival holiday. Emotions change from sadness and anger to pain as the story unfolds. When the prosecutor's office ultimately determines that the defendant constitutes legitimate defense and is acquitted, the suppressed emotions instantly turn into tears as justice is upheld. Perhaps some people will say that as a legal person, how could you be moved by such emotional movies! But what I want to say is that this is a very profound legal film, which accurately grasps the current situation of legitimate defense in judicial practice and truthfully reproduces the difficulties in determining legitimate defense. -
Why should lawyers be involved in insurance claims in advance?
2024 02/27Author:Li ZongjiangBy the time we wrote this question, we had already provided legal services for claims litigation for a large domestic insurance company for six consecutive years. From car insurance to non car insurance, from property insurance to personal insurance, from litigation property preservation liability insurance to employer liability insurance. The more insurance dispute cases we handle on behalf of insurance companies, the more we realize that it is necessary for lawyers to intervene in insurance claim cases in advance! -
Starting from the image of a lawyer in the movie "Article 20"
2024 02/20Author:Ren GuiThe recently released film "Article 20" directed by Zhang Yimou is currently popular. As a former prosecutor and now a lawyer, I feel like I'm stuck in my throat and don't want to express myself. So, let's take advantage of the heat and chat a few words. -
Whether it constitutes the basis and boundaries of job agency
2024 02/20Author:Yuan yuanArticle 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Principles of Contract Compilation of the Civil Code of the People's Republic of China (hereinafter referred to as the Interpretation of the General Principles of Contract Compilation of the Civil Code), which came into effect on December 5, 2023, stipulates the issue of "having a person without a chapter", tracing back to its origin. The core of this issue still lies in the issue of official behavior. Official behavior can be divided into the official behavior of the legal representative or the main person in charge, and the official behavior of other staff members, both of which can result in legal consequences of official behavior. There are many theoretical and practical studies on the behavior of job representation, but the behavior of job agency gradually improved with the introduction of the General Principles of Civil Law. What is job agency? What is the difference between job agency, representative, and entrusted agency? Does the contract have effect on the legal person in the case of "someone without seal"? These are common problems encountered in practice, and this article will answer each of these questions one by one. -
What should companies do in the face of the increasing pressure from professional counterfeiters?
2024 02/01Author:Zhou XuetengRecently, a news about Dongfang Zhenxuan's alleged sale of counterfeit "Wuchang Rice and Rice Flower Fragrance No. 2" quickly spread on the internet, causing widespread attention. According to media reports, Wang Hai, who played a dummy, revealed that after purchasing "Wuchang Rice and Rice Fragrance No. 2" sold by Dongfang Zhenxuan, he discovered that the product was suspected of being counterfeit. After some investigation, Wang Hai believes that the product does not come from the Wuchang area and there is a behavior of counterfeiting inferior products and deceiving consumers. The mixed online evaluations of this incident have also drawn attention to the controversial "professional anti-counterfeiting" group in recent years. -
Live streaming sales have turned over again? Celebrity endorsement of preserved meat reported to the police - Analysis of legal responsibilities borne by live streaming platforms
2024 01/30Author:Zhou XuetengDid celebrity sales fail again?! A news report over the weekend about celebrity Huang Shengyi's endorsement of a cured meat brand being reported to the police has attracted attention. In recent years, online live streaming sales have become an emerging industry, with many "internet celebrities" and celebrities appearing in live streaming rooms to become "grass planting experts", attracting fans to place orders and make important contributions to driving consumption and stimulating economic growth. However, this business model is not yet mature, and many problems have gradually been exposed. Controversies over celebrity sales and top anchors frequently appear on hot searches. As the builders of virtual spaces, the role of the platform cannot be ignored. Depending on their specific actions, their legal responsibilities also vary. -
New regulations on dangerous driving crimes: lenient when used, strict when used
2024 01/23Author:Dong XiaohuaSince 2011, the number of cases of dangerous driving crimes concluded by courts nationwide has been increasing year by year. By 2019, the number of dangerous driving crimes had reached 319000, ranking first among criminal offenses. Every year, branding over 300000 people as "criminals" is bound to put tens of thousands of families in dire straits. -
Confirmation of Network Software Operators
2023 12/28Author:Zhu JiapingIn legal proceedings involving unfair competition on the internet, the defendant may claim through defense that they are not the operator (developer) of the software or the operator of the software version, and may even deny any involvement in the development of a certain software function, making the defendant's eligibility the focus of controversy in the case. Therefore, accurate positioning of software developers is crucial. This article will delve into multiple dimensions of software release, starting from multiple perspectives such as application markets, official websites, and promotion pages, to reveal the true source of software release. A detailed analysis of the characteristics of different platforms and the digital traces of publishers aims to clarify the responsible parties in legal proceedings, thereby providing stronger evidence support in safeguarding legitimate rights and interests.