General Office of the Supreme People's Court
Announcement of the 2019 Excellent Case Analysis of the National Court System
Circular
Law Office [2019] No. 359
Provinces, autonomous regions, Municipal Higher People's Court, PLA Military Court, Xinjiang Uygur Autonomous Region Higher People's Court Production and Construction Corps Branch:
Hosted by the Supreme People's Court and undertaken by the China Institute of Applied Law, the 2019 National Court System Excellent Case Analysis and Selection Activities have all ended. Since the "2019 Excellent Case Analysis and Selection Activity Call for Papers of the National Court System" was issued in May 2019, our court has received a total of 2,471 excellent case studies that were initially evaluated and selected by various higher people's courts, involving the judicial work of the people's courts. each field. In order to ensure the evaluation level and quality, our court specially organized more than 30 senior judges and law professors to form 10 expert evaluation working groups, formulated strict evaluation procedures and evaluation standards, and implemented three evaluations on one draft, independent evaluation, and peer review. The 2,427 participating cases of the top 100 recommended units were carefully reviewed. At the same time, in order to ensure the quality of the selection of award-winning cases, our hospital specially organized a final evaluation meeting to review the award-winning cases collectively in terms of the judgment results and legal application, the typicality and guidance of the cases, the essence of the judgment and the writing of case notes. In the end, after re-evaluation and final evaluation, a total of 4 79 award-winning cases were selected for well-handled cases, well-written cases, and good social effects, including 11 first-prize cases, 90 second-prize cases, and third-class cases. There are 144 award cases and 234 outstanding award cases. At the same time, according to the quality of the cases submitted by the people's courts at all levels and their awards, a total of 30 advanced organizational units were selected, including 10 higher people's courts, 10 intermediate people's courts, and 10 basic people's courts; The total number of awards and award grades for cases awarded by the people's court, etc.A total of 12 advanced organizations and individuals from 10 higher people's courts were selected. In order to motivate the advanced and promote the case study work, it was decided that the author of the excellent case analysis of 4 79 such as "Jiangsu Provincial People's Government v. Anhui Haide Chemical Technology Co., Ltd. for Compensation for Ecological Environmental Damage", Hunan Provincial Higher People's Court, etc. 30 advanced organizations and 12 individuals including Niu Chenguang from Shanghai Higher People's Court were commended. The selection and award results will now be announced.
The people's courts at all levels across the country should take this excellent case analysis and selection as an opportunity to continue to strengthen judicial case studies, dig deep into the legal essence of the people's courts' adjudication and enforcement cases, carry forward the core socialist values, prosper the application of legal research, and improve the people's courts. Judicial competence and professionalization level.
General Office of the Supreme People's Court
November 15, 2019
National Court System 2019 Excellent Case Analysis and Selection Activity
List of Winning Cases
First Prize
1. People's Government of Jiangsu Province v. Anhui Haide Chemical Technology Co., Ltd. Case of Compensation for Ecological Environmental Damage
- Determination of the amount of compensation for ecological environment damage and the cost of loss of service functions
Prepared by: Gu Jincai, Intermediate People's Court of Taizhou City, Jiangsu Province , Cai Peng
2. Wang Zhijie v. Shanghai Wenshi Culture Media Co., Ltd. on labor contract disputes
——Determination of labor relations under Internet employment
Compiler: Shanghai Pudong New Area People's Court Meng Gaofei
3. Yin Jinzhou v. Sino-Ocean Group Co., Ltd., China Water Group Co., Ltd. Dispute over the liability of securities misrepresentation
- Determination of the disclosure date of securities misrepresentation Compilers: Beijing Second Intermediate People's Court Ge Hong, Shi Jie, Ma Wei
4. Dong Yan v. Li Bin, Li Caixia, Zhang Shuangquan: Debt Transfer Contract Dispute Case
- Determination of Debt Transfer, Debt Addition, and Directed Payment under Unclear Agreement between the Parties
Compiler: Wang Huiling, High People's Court of Anhui Province
5. Ye Zhengguang et al. v. Xi'an Momo Information Technology Co., Ltd. Dispute over Reputation Infringement
——Tort liability for tampering with heroic works and blaspheming the reputation of heroic martyrs in an entertaining way
Compiled by: Yuan Huigen, Ge Chunyu, Higher People's Court of Shaanxi Province
6. Li Ying v. China Railway Harbin Bureau Group Co., Ltd. Case of Dispute over Railway Passenger Carriage Contract
- Value Judgment and Judgment Method of Passengers Requesting Smoking Ban on Regular-speed Trains
Compiled by Yang Guang, Zhu Xingdong, Beijing Second Intermediate People's Court
Wang Dan, People's Court of Dongcheng District, Beijing
7. Huang Yuquan's Loan Defrauding Case
- Accurately Grasping the Boundaries and Evidence Rules of Criminal and Civil Cases
Compiled by: Wei Hai, Wang Suhua, Higher People's Court of Guangdong Province
8. Lei Zhenying's application for state compensation case of Chenzhou Intermediate People's Court on the grounds of wrong execution
- Determination of whether state compensation should be paid for the execution of an invalid civil mediation agreement
Compiled by: Yang Xiang, Higher People's Court of Hunan Province , Tu Yonghua
Chen Jianhua, Intermediate People's Court of Chenzhou City, Hunan Province
9. Jiangsu Zhongxun Digital Electronics Co., Ltd. v. Shandong Bit Intelligent Technology Co., Ltd., a case of disputes over liability for damages due to malicious intellectual property litigation
- Determination of malicious intellectual property litigation and corresponding damage relief
Writer: Wuxi, Jiangsu Province City Intermediate People's Court Lu Chao, Gu Yan
10. Wu Xuezhan and other 15 defendants in the case of a triad organization
——Criteria and methods for identifying a triad organization
Prepared by: Liu Zhenhui, Higher People's Court of Shandong Province
11. Tang Song v. Changsha City Public Security Bureau Traffic Police Detachment Vehicle Management Office for Non-Performance of Statutory Duties and Administrative Compensation Dispute Case
——Vehicle Management Office’s administrative act of refusing to handle the annual vehicle inspection on the grounds that it has not dealt with illegal matters is illegal
12. Liu Yuanzhi, People's Court of Xinshao County, Hunan Province
Zhou Tingting, Higher People's Court of Hunan Province
Second Prize
12． Yang Benbo and Hou Zhangsu v. China Railway Shanghai Bureau Group Co., Ltd. and China Railway Shanghai Bureau Group Co., Ltd. Nanjing Station Railway Transportation Personal Injury Liability Dispute Case
- Distinguishing and Determination of the Reasons for Reduction and Exemption of Injurer's Liability in Railway Personal Injury
Person: Song Dazhen, Higher People's Court of Jiangsu Province
13. China Environmental Protection Federation v. Yichun City Zhongan Industrial Co., Ltd. and other civil public interest litigation cases for water pollution Court Zhang Guangyuan, Wei Wei
14. Du Zhenshi's Illegal Business Operation Case
——The First Case of Illegally Cashing Out Consumer Credit Lines on E-commerce Platforms in China
Compiled by: You Zhongchuan, Chongqing High People's Court
Chongqing No.1 Intermediate People's Court Wang Xiaoli
15 . Cai Lu v. Gansu Zeyuan Education College and Ma Xiangsheng Dispute over a House Leasing Contract
——Discretion of Relief for Breach of Sublease Contract
Compiler: Li Chunyan, Chengguan District People's Court, Lanzhou City, Gansu Province
16 . Wu Jiaqi v. Suzhou Rail Transit Group Co., Ltd. and Suzhou Citizen Card Co., Ltd. Case of Dispute over Transportation Contract
- Determination of the Validity of Ticketing Rules Implemented by Public Transport Carriers
Compiled by: Shen Junfang, Suzhou Intermediate People's Court, Jiangsu Province
17. Yan Zhonghua v. Shanghai Huayi Engineering Co., Ltd. Labor Contract Dispute Case
- Applicable Rules for Conflict between Rules and Regulations and Labor Contract Agreement
Compiled by: Cai Jianhui, Xu Wenjin, Shanghai No. 1 Intermediate People's Court
East China University of Political Science and Law Chao Yunyun
18． Liu Zhichao v. Tongfang Knowledge Network (Beijing) Technology Co., Ltd. Sales Contract Dispute Case
——The minimum recharge amount restriction clause made by the operator shall be invalid
Writer: Weng Yingxiao, People's Court of Gusu District, Suzhou City, Jiangsu Province_ p3p
Jiangsu Provincial Higher People's Court Dai Lulin
19. Defendant Geng Wanxi Accused of Fraud and Acquitted
——The Distinction between Ordinary Economic Disputes and Fraud Crimes
Compiler: Supreme People's Court Qiu Xiaomin
Fujian Quanzhou Intermediate People's Court Sun Yue
20. Cheng Xiaolei v. Zhang Wei, Beijing Xiaoju Technology Co., Ltd. and other cases of motor vehicle traffic accident liability disputes
——The determination of the subject of compensation for the damage caused by the traffic accident caused by the online ride-hailing ride
Compiler: Wuxi City, Jiangsu Province Intermediate People's Court Xue Wei, Li Jia
21. Taobao (China) Software Co., Ltd. v. Anhui Meijing Information Technology Co., Ltd. Unfair Competition Dispute Case
- Judgment on the Right of Data Resources and Its Commercial Development
Compiler: Sha Li, Hangzhou Internet Court
22. Zhou Xingchi v. Zhongjian Rongzhen Wuxi Building Materials Technology Co., Ltd., etc. Disputes over portrait rights and name rights
——The judicial application and improvement of the damage compensation system for personality rights
Compiled by: Liu Li, Shanghai No. 1 Intermediate People's Court, Tang Chunlei, He Jian
23． Cheng Aiwei v. Cheng Ainuo, Cheng Aiwen, Cheng Aixin Dispute over the division of common property
——On the conflict between the will of the will and the social nature of the inheritance
Compiled by: Zhou Kan, Xiong Jianyu, Nanjing Intermediate People's Court, Jiangsu Province
twenty four. Wang Xiaoai et al. v. Wang Luhua and Wang Yongnian for confirmation of invalidity of contract
- Determination of the validity of a contract signed by an agent and a third party in malicious collusion
Compiler: Beijing No. 2 Intermediate People's Court Li Junye
25. Zhao Sixi v. Hengyu, Shanghai Zhizhi Automobile Maintenance Co., Ltd., the first branch of a motor vehicle traffic accident liability dispute case
- Determination of the employer's liability for injury caused by a traffic accident on the way to and from work
Li Xing and Wu Juan of Shanghai No. 1 Intermediate People's Court
26. Dameng (Shanghai) Financial Management Consulting Co., Ltd. v. Xia Jiemin Labor Contract Dispute Case
- Determination of the Validity of Documentary Evidence Provided by Senior Executives with the Official Seal of the Employer
Compiler: Shanghai No. 1 Intermediate People's Court Ye Jia, Chen Shu
27. Li Lecheng et al. and Shanghai Youth Foundation Other Contract Disputes
—— Active review of contract validity is the premise for courts to hear contract disputes
Compiler: Fang Lin, Shanghai High People's Court
28. Ding Yuebao v. Shanghai Minhang District Sunshine Beauty City (West Area) Owners Committee Dispute over the Owner’s Right to Revocation Chun
29． Huang Wengui v. Beijing Ningke Real Estate Co., Ltd., Tang Meilan's case of a dispute over an appointment for the sale of a house
- Determination of Liability for Breach of Appointment
Compiler: Beijing Higher People's Court Xie Jiawen
30. Zhang Yue v. Ji Yunzhu, Huang Jia Inheritance Dispute Case
——The principle of unfavorable parent-child relationship does not apply to consanguineous blood relatives
Compiler: Liu Jiaqiang, People's Court of Xishan District, Wuxi City, Jiangsu Province
31. Beijing Ledong Excellence Technology Co., Ltd. v. Alibaba Cloud Computing Co., Ltd. Infringement of the right to disseminate works information online
- Determination of the infringement liability of the cloud server leasing service provider
Compiler: Feng Gang, Beijing Intellectual Property Court
32. Quanzhou Luojiang District Civil Affairs Bureau v. Quanzhou Jinhui Automobile Trading Co., Ltd. Housing Lease Contract Dispute Case
- Determination of the statute of limitations for continuing contracts
Compiled by: Lin Qianshu, People's Court of Luojiang District, Quanzhou City, Fujian Province_ p3p
33. Gaolan County Rural Credit Cooperative Association v. Lanzhou No. 1 Construction Co., Ltd. and Gansu Liyuan Real Estate Development Co., Ltd. Case of Objection to Execution by Outsiders
——The right of priority for compensation does not have the effect of preventing the execution of the auction
Person: Wang Xiaohui, Higher People's Court of Gansu Province
34. Baiyin City Procuratorate v. Lanzhou Yinlun Transportation Co., Ltd. Gaolan Branch, Ningxia Yunxiang Logistics Co., Ltd. Environmental Pollution Liability Dispute Case
——Whether the administrative agency's performance fee falls within the scope of environmental civil public interest litigation
Gansu Mining District People's Court Ma Zhaomin
35. Cheng Muyan v. Taixing Happy Factory Children's Paradise, Taixing Runtai Commercial Co., Ltd. Personal Injury Compensation Dispute
36. Hu Xiudong v. Zhu Rongxian, the case of dispute over an intermediary contract
- Determination of the legal nature of the issue of "please entrust" and the choice of judgment path
Compiler: Shanghai No. 1 Intermediate People's Court Mao Haibo
37. Zhou Tao v. Nanjing Triumph Construction Group Co., Ltd., Xu Bin and Other Private Lending Disputes
- Determination of third-party validity of conspiracy and hypocritical intent
Compiled by: Yu Guannan, Higher People's Court of Jiangsu Province, Yang Xiao
38． Chen Guichang v. Nanjing Daquan Electric Co., Ltd. Labor Dispute Case
——Recognition and Validity Review of the Modification of Remuneration Clauses in Labor Contracts
Prepared by: Nanjing Intermediate People's Court of Jiangsu Province Wu Xiaojing
39. Shanghai Xinghuo Pulp and Paper Mill, et al. v. Bank of China Co., Ltd. Shanghai Branch, et al. Dispute over Confirmation of Invalidity of Contract
——Limited Application of Dispute Effect in the Judgment of the "Neixi Item" Principle
Compiler: Shanghai Finance Court Cui Jie
40. Zhang Li v. Shanghai Youyi Automobile Sales and Service Co., Ltd. Case of a Dispute over a Sales Contract
- Determination of Fraudulent Behavior and Application of the "One Refund, One Compensation, Three" Rule
Compiled by Tao Zhengzhong and Li Peng, Shanghai Pudong New Area People's Court
41. Shen Weizhen v. China Guangfa Bank Co., Ltd. Shanghai Hongkou Sub-branch Financial Service Contract Dispute Case
——Banks are obliged to review the eligibility of financial consumers in the agency sales of financial wealth management products
Compiled by: Chen Li, People's Court of Hongkou District, Shanghai , Wei Jia, Yao Yizhe
42． Hang Fang v. Guangzhou Huacai Human Resource Consultant Co., Ltd. Conghua Branch Economic Compensation Case
- Determination of the Legality of Social Insurance Payment Places for Cross-regional Labor Dispatch
Compiler: Zhang Yajing, Intermediate People's Court of Wuxi City, Jiangsu Province , Xu Xiaoqian
43． Wuhan Wuyou Distribution Technology Co., Ltd. v. Wang Guoqin Sales Contract Dispute Case
——The effectiveness, characteristics and instruction delivery of Bitcoin mining machine transactions
Compiled by: Liu Wenyan, Shen Lu, Minhang District People's Court, Shanghai
44. Feng Fang v. Zhang Guangxing, Huang Xueqin, Gao Zhidong Civil Lending Dispute
- Determination of the validity of the private loan contract and the guarantee contract if the borrower constitutes a crime
Compiled by: Wang Lizhen, Yin Jianbing, Intermediate People's Court of Zhangye City, Gansu Province
45． Zhuang Huijin, Fan Xianrui v. Chen Yujian, Zhuang Guili Execution Objection Case
- Examination of the Requirement for Establishment of Forest Land and Forest Property Rights and the Validity of the Transfer Contract
Compiled by: Cai Hui, Zhang Dewei, Intermediate People's Court of Sanming City, Fujian Province
46. Wang et al. and Li's private loan dispute appeal case
- Judicial analysis of debt commitment and performance commitment
Compiler: Shanghai No. 1 Intermediate People's Court Wu Huiqiong
47. Xie Yao v. Shanghai Qisheng Property Management Service Co., Ltd. Case of Dispute over Work Injury Insurance Benefits
——Re-examination on the subject of self-paid medical expenses necessary for the treatment of work-related injuries
Compiled by: Qiao Beihua, Xu Danyang, Shanghai No. 2 Intermediate People's Court
48. Zhou Liqin v. Yingu Pratt & Whitney Information Consulting (Beijing) Co., Ltd. and Yingu Pratt & Whitney Information Consulting (Beijing) Co., Ltd. Nantong Branch, a lease contract dispute case
- Determination of the nature of deletion of online map labels after the termination of the lease contract
Writer: Fan Jiqiang, People's Court of Chongchuan District, Nantong City, Jiangsu Province
49． China Biodiversity Conservation and Green Development Foundation v. Maanshan Yujiang Machinery and Chemical Co., Ltd. Environmental Pollution Public Interest Litigation
- Determination of the appraisal opinion prepared by the virtual governance cost method
Compiler: Anhui Senior People's Court Wang Biao
50. Hu Yaqi v. Beijing Boyuan Industry and Trade Co., Ltd. and Tibet Trust Co., Ltd. in the case of disputes over shareholder qualification confirmation Jun, Chen Shichang
51． The case of Huang v. Cai and Yang regarding enforcement objection by outsiders
——Can outsiders prevent the execution of demolition and resettlement houses that have not been registered in the name of the person to be demolished
Compiler: People of Shishi City, Fujian Province Court Su Lirong
52． Nanjing Jiasheng Electromechanical Equipment Manufacturing Co., Ltd. v. Jiangsu Liyang Urban Construction Group Co., Ltd., a construction contract dispute case
- The construction unit cannot use the statute of limitations to defend its failure to perform its obligations to deliver completion materials, handle completion acceptance, and record
Writer : Huang Zhuzhen, People's Court of Jiangning District, Nanjing City, Jiangsu Province
53． Nanjing Gaochun County Feida Educational Technology Equipment Co., Ltd. v. Jiangsu Jinchuang Credit Re-Guarantee Co., Ltd. and Nanjing Gaochun District Longxing Rural Small Loan Co., Ltd. in a tort liability dispute case
——Creditors and Debtors vs Guarantors Determination of Joint Tort Liability
Compiler: Liu Azhen, Nanjing Intermediate People's Court, Jiangsu Province
54． Chen Guangwu v. Dong Jingjing and Wang Weidong, a dispute over partnership agreement
—— "The Return of Law and Facts" from the Perspective of Determination of Joint Debt of Husband and Wife
Compiler: Lu'an Intermediate People's Court of Anhui Province Zhang Ju
55. Tibet Orient Wealth Securities Co., Ltd. v. Ruigao Commercial Factoring (Shanghai) Co., Ltd. and other disputes over the right of bill recourse
- Electronic bill agency should apply strict nominalism
Writer: Sun Qian, Shanghai Financial Court
56． Sucheng District People's Procuratorate of Suqian City, Jiangsu Province v. Shuyang County Agricultural Committee Administrative Public Interest Litigation for Failure to Perform Statutory Responsibilities for Forestry Supervision and Management
- Determination of Attributes of Ordering Replanting of Trees and Application of Linkage of Criminal Liability
Compiler: Jiangsu Geng Hui and Xu Erhai of the People's Court of Sucheng District, Suqian City, Province
57. Lu He v. Xiong Liangshi Inheritance Dispute Case
- Determination of the Validity of Printing Will and Retention of Necessary Shares
Compiled by: Shanghai Minhang District People's Court Liu Wenyan, Shen Lu
58. Jiang Hong v. Bao Shilong Co., Ltd. Property Damage Compensation Dispute Case
——The allocation and transfer of the burden of proof when the vehicle spontaneously ignites and the cause is unknown
Prepared by: Xu Yingying, Wuxi Intermediate People's Court, Jiangsu Province
59. Xu Zhenhong v. Ping An Bank Property Damage Compensation Dispute Case
——Analysis of the Judgment Path of Financial Institutions Violation of Suitability Obligation tort
Compiled by: Chen Guanghui, Yang Chao, Beijing Second Intermediate People's Court
60． Ningbo Economic and Technological Development Zone Hetou Communication Co., Ltd. Bankruptcy, Liquidation and Reorganization Case
——Restructuring Value Judgment of the Debtor's Enterprise
Compiler: Ningbo Zhenhai District People's Court Liu Li
61． Xie Xiulian v. Shenzhen Lianjinsuo Internet Financial Services Co., Ltd., Shenzhen Quanmuxing E-commerce Service Co., Ltd., etc. labor dispute cases
——Affiliated companies confuse labor and employers subject definition and civil liability
Writer: Luo Yingqing, Shenzhen Intermediate People's Court, Guangdong Province
62． Yixing Ruri Zhongtian Trading Co., Ltd. Bankruptcy and Liquidation Case
——Exercise of bankruptcy revocation right under the guarantee of government-court linkage mechanism
Compiled by: Zhang Junyong, Higher People’s Court of Jiangsu Province
Chen Hao, People’s Court of Yixing City, Jiangsu Province
63． The case of Wujiang Jucheng Jet Weaving Co., Ltd.
——The connection method between the execution procedure and the bankruptcy procedure
Prepared by: Hao Zhen, People's Court of Wujiang District, Suzhou
64 ． Zhangjiagang Free Trade Zone Zhanda International Trade Co., Ltd. v. China Ping An Property & Casualty Insurance Co., Ltd. Jiangyin Central Sub-branch Property Loss Insurance Contract Dispute Case
——Interpretation and Determination of Insurance Contract Dispute Clauses
Compiler: Jiangsu Higher People's Court Ma Yan
65． Sun Jie v. Xiamen COSCO SHIPPING Labor Service Cooperation Co., Ltd. and OOCL Container Lines Co., Ltd. (Case of Dispute over Crew Labor Service Contract)
——The parties involved in foreign labor can choose the applicable law,The application result of the agreement selection method shall not be lower than the protection standard provided by the mandatory labor protection provisions of the court country
Prepared by: Xiamen Maritime Court Zhang Zhuwei
66. Feng Lishe v. Beijing Huaru Tianyuan Dairy Co., Ltd. and other shareholders' qualification confirmation disputes
——In the absence of an equity holding agreement, the confirmation of the shareholder qualification of a limited liability company
Compiler: Beijing Third Intermediate People's Court Ba Jingyan, Shi Yanming
67． Beijing Sany Construction Machinery Co., Ltd. v. Beijing Chengji Sida Heating and Energy-saving Technology Center, Beijing Guokun Construction Machinery Leasing Center Case of Execution Objection by Outsiders
——The realization path of the due creditor's right in the execution objection Analysis
Compiler: Yang Li of Beijing No. 1 Intermediate People's Court
68． Wang Hongwei v. Anhui Dawei Real Estate Company on Shareholders' Right to Know
——The connotation and extension of shareholders' right to know
Prepared by: Ding Ruixiang, Intermediate People's Court of Lu'an City, Anhui Province
69． Zhejiang Wuyang Printing and Dyeing Co., Ltd. v. Wu Yajuan et al. auction contract case
- Conflict of parties, cause of action and multiple repentance of auction in payment-type bankruptcy litigation
Compiled by: Fan Sheng, Keqiao District People's Court, Shaoxing City, Zhejiang Province, Chen Li
70． Appellant Hua Hongwei and appellee Shanghai Scarab E-Commerce Co., Ltd. Company Resolution Dispute Appeal Case
——Review of the Validity of the Resolution of the Shareholders' Meeting for Targeted Capital Reduction of a Limited Liability Company
Compiler: Shanghai No. 1 Intermediate People's Court Ren Mingyan
71． The Case of Chen Yuan, Wang Tianyou and Others Using Funds Illegal Wan Dongyong's Drug Trafficking Case
- Cases where the defendant pleads guilty and accepts punishment shall not lower the standard of proof
Compiled by: Jiangxi Higher People's Court Tang Yuanyuan
Jiangxi Yichun City Intermediate People's Court Hu Shenghua
73 ． Zhang Jinyang et al. Non-state staff accepting bribes
—— Criminal law regulation on PE corruption in investment banks
Compiled by: Shen Yan, Rong Xuelei, Shanghai No. 2 Intermediate People's Court
74． Gong Weihua's loan fraud case
- using false identification,Qualitative determination of defrauding bank loans by direct customer installment payment
Compiled by: He Qiang, Lin Hong, Intermediate People's Court of Xinyu City, Jiangxi Province
75． Yu Long v. Zhou Zhenzhen et al. Motor vehicle traffic accident liability dispute case
- Determination of the civil rights capacity of the fetus to claim the living expenses of the dependant
Compiled by: Qian Jin, He Liping, Yixing City People's Court, Jiangsu Province
Wuxi, Jiangsu Province Municipal Intermediate People's Court Weng Qiang
76. Yuan Zengren's Rape Protest Retrial Case
- Exclusion of Illegal Material Evidence and Determination of the Fact of Rape in the Case of "One-to-One" Evidence
Compiler: Wang Xingyuan, Higher People's Court of Guangdong Province
77. Defendant Zeng Yongwen's case of opening a casino
- Understanding and application of "before the judgment is pronounced" in Article 77 of the Criminal Law
Compiler: Guangdong Higher People's Court Hu Xiaoming
78. Li Yuanhua's refusal to implement the judgment and ruling
—— Whether the refusal to perform the behavioral obligations determined in the effective judgment document constitutes a crime
Compiler: Jiang Ping, Hunan Higher People's Court
79 ． Huang Peng's Case of Illegal Manufacturing of Explosives
——The Reasonable Definition and Quantitative Punishment of Explosives within the Scope of the Criminal Law of Fireworks and Firecrackers
Prepared by: Shangli County People's Court of Jiangxi Province Wu Lang
80． Chengdu Fangxin Cold-Rolled Sheet Co., Ltd. and Zhang Zhihui and other 7 persons in the environmental pollution case
——In environmental pollution crimes, the cost saved should be recognized as illegal gains and recovered
Compiled by: Chengdu Intermediate People's Court, Sichuan Province Zhang Nan
81． Ju Qiang, Zhang Ya, etc. Contract Fraud Cases
——Criminal Law Evaluation of False E-commerce Operations
Compiler: Xiang Xia Hall, Hangzhou Intermediate People's Court, Zhejiang Province
82． Ye Yuanxing, Zhang Jianqiu, Tan Fangmei Provided Cases of Invading Computer Information System Programs and Illegally Obtaining Computer Information System Data
- Judicial Determination of Organizing "Code-Making" Platform Credential Stuffing Attacks to Obtain Computer Information
Writer: Yuhang, Hangzhou District People's Court Jiang Yunfeng, Yin Yanjiao
83. Wu Chenjie v. Beijing Kuaishou Technology Co., Ltd. Online Shopping Contract Dispute Case
- Determination of Subject, Transaction Object and Liability of Minors with Restricted Civil Capacity for Purchasing Kuaishou Rewards through the Guardian's Mobile APP Software
Liu Jingbing, Intermediate People's Court of Changzhou City, Jiangsu Province
84． Tang Huiquan's Case of Illegal Logging of Nationally Protected Plants
- Qualitative Action of Transplanting Nationally Protected Plants Without Authorization
Compiled by: Mei Nianzhang, Ai Zhaohui, Wanzhou District People's Court, Chongqing
85. Shen Caigen's Bribery Case
——Determination of the amount of crime in the "loan and interest" type of bribery case
Compiler: Ding Yi, People's Court of Changxing County, Zhejiang Province
86. Suzhou Yangcheng Lake Huaqing Real Estate Co., Ltd. v. Suzhou Municipal Bureau of Land and Resources Administrative Compensation Case
- Expropriation of State-owned Land Use Rights and Compensation
Compiled by: Hu Zhicheng, Higher People's Court of Jiangsu Province
Nantong City Intermediate Level, Jiangsu Province Courtesy of the People's Court
87． Nantong Kayou Second-hand Car Trading Market Co., Ltd. v. Jiangsu Provincial Department of Commerce for not fulfilling the statutory duty of filing
——The scope of review and the way of adjudication of the lawsuit against the performance of responsibility caused by the refusal decision of the administrative organ
Compiler: Nanjing City, Jiangsu Province Intermediate People's Court Zhao Xueyan, Zhang Tianfan
88. Hu Fengbin v. China Securities Regulatory Commission Securities Regulatory Administrative Penalty and Administrative Reconsideration Case
——Criteria for Determining the Performance of Diligence by Independent Directors of Listed Companies
Prepared by: Beijing Higher People's Court Huo Zhenyu
89. Gao’an Dongfeng Motor Sales Co., Ltd. v. Gao’an City Ruizhou Sub-district Office Housing Expropriation Compensation Agreement Case
- Determination of the validity of the expropriation and compensation agreement after the housing expropriation decision is revoked in accordance with the law
Compiler: Intermediate People of Yichun City, Jiangxi Province Court Jiang Lingling, Huang Li
Jiangxi Shanggao County People's Court Wu Lixia
90． Zheng Xiaoping v. Shanghai Regulatory Bureau of China Securities Regulatory Commission, China Securities Regulatory Commission's Decision on Administrative Regulatory Measures and Administrative Reconsideration Decision
——Review of the Standards for Determining Regulatory Talks of the Persons in Charge of Compliance Risk Control of Securities Companies
Compiler: Yao Zuolian, Shanghai Third Intermediate People's Court
91. Ni Hanqing Dissatisfied with Nantong Municipal People's Government Government Information Disclosure Notification Act Case
—— Government Information Disclosure and Notification Act Actionable and Legal Review Standards
Compiler: Nantong City Intermediate, Jiangsu Province People's Court Zhang Zhixin, Yin Qin
92. Ruan Kerong v. Anhui Supervision Bureau of China Securities Regulatory Commission, China Securities Regulatory Commission Administrative Penalty and Administrative Reconsideration Case
- Determination Criteria for Market Manipulation by False Declaration
Compiled by: Mao Zhiqiao, Xicheng District People's Court, Beijing
93 . Gao Yu v. Nantong Maternal and Child Health Hospital for Non-Performance of Statutory Duties Case
——The inability to negotiate the name of the newborn is not an obstacle to the application of medical birth certificate
Compiled by: Liu Yumei, Jin Baoyang, Nantong Intermediate People's Court, Jiangsu Province
94． Huang Xiaolian v. Shuangfeng County Industrial Injury Insurance Bureau Work-related Injury Insurance Benefit Payment Case
- Local Government If the form of the regulations is inconsistent with the provisions of the higher law, it is not necessarily illegal
Compilers: Tong Feishhuang and He Rong of the Higher People's Court of Hunan Province生
95． Wang Guangyou et al. v. Shanghai Baoshan District Human Resources and Social Security Bureau, Shanghai Human Resources and Social Security Bureau on Work Injury Recognition and Reconsideration Decision
——The death of a football player due to sudden illness during the closed training and rest period can be regarded as the same work injury
Compilers: Sun Zhongyun and Zou Jiayuan, People's Court of Pudong New Area, Shanghai
96. Huaihua Zhongrong Real Estate Development Co., Ltd. v. Huaihua Municipal People's Government and Huaihua Municipal Bureau of Land and Resources for failing to perform the CPPCC negotiation and administrative compensation case
- Identification of the CPPCC case 97. Construction of the Path of the Trial Scope
Compiled by: Zhong Xibo, Higher People's Court of Hunan Province
He Wenyi, Changsha Railway Transportation Court
97． Zhou Xun et al v. Yuhu District Government, District Management Committee Confirming the Invalidation of the CPPCC Resolution
- Judicial Review of the CPPCC Resolution
Compiled by: Intermediate Xiangtan City, Hunan Province People's Court Zhao Zhu
98. Lu Lijun v. Digxin Company for Negligence Compensation Dispute in the Contracting of Labor Contract Compilers: Zhou Yimin, Dong Wenjian, People's Court of Jiading District, Shanghai
99. Zhang Feng v. Ling Li's Property Dispute Case after Divorce
——An Analysis of the Exclusion of Applicable Unjust in Divorce Agreement Revocation Proceedings
Compiler: Zhou Jue, People's Court of Pudong New Area, Shanghai
100． Zhang Jun v. Jiangsu Rugao Rural Commercial Bank Co., Ltd. Case of Dispute over Reputation Rights
- Determination of the nature of commercial bank's failure to delete false information on overdue loans
Compiled by: Xue Zhuan, Liu Mingjie, Rugao City People's Court, Jiangsu Province, Zhang Changfeng
101． Limagrain Europe v. Heilongjiang Sunshine Seed Industry Co., Ltd., Maize Research Institute of Heilongjiang Academy of Agricultural Sciences, etc. Disputes over the right of recovery of new plant varieties p3p
Compiler: Liu Jinhui of the Higher People's Court of Gansu Province
Third prize
102． Industrial and Commercial Bank of China Co., Ltd. Wuxi Branch v. Wuxi Jipin Real Estate Co., Ltd. and Xue Landi Financial Loan Contract Dispute Case
- Determination of the right holder of the mortgage advance registration with conditions to enjoy the priority of repayment
Compiler: Jiangsu Province Jing Xin and Du Fengjun of Wuxi Intermediate People's Court
103． Perennial Meirong Jiasi (Beijing) Real Estate Co., Ltd. v. Beijing Serris International Engineering Consulting Co., Ltd. in a case of a dispute over liability for damages caused by property preservation in the lawsuit
——The determination criteria, compensation scope and the property preservation error in the lawsuit Procedure Guarantee
Compiler: Qi Qian, People's Court of Tongzhou District, Beijing
104． Tianshui City Procuratorate v. Tianshui Tianxiang Cement (Group) Co., Ltd. tort liability dispute civil public interest litigation case
——Analysis of the relationship between the specific litigation claims of the procuratorial organs and whether it constitutes an environmental resources prosecutorial public interest litigation case
Lu Xianhui, People's Court of Gansu Mining District
105． Chen Xiaoying v. Cheng Qi et al. Infringement Liability Dispute Case
——When the victim has a special constitution, the determination of the causal relationship of infringement is not of course applicable to the "egg shell head" rule
Compiler: Dai Xinyuan, Shanghai No. 1 Intermediate People's Court
106． Shenyang Yunhe Logistics Co., Ltd. v. Taiping Property & Casualty Insurance Co., Ltd. Shenyang Central Sub-branch Insurance Contract Dispute Case
——Applicability of the law for the carrier to insure cargo transportation insurance by itself as the insured
Compiled by: Shenyang City, Liaoning Province Shenhe District People's Court Yao Jialin
107． Shanghai Zhongyinglian Food Sales Co., Ltd. v. Li Xiangdong, He Xuelian and other creditors in the case of disputes over the right of revocation
——The legal requirements and exercise period of the creditor's claim to cancel the property transfer clause in the debtor's divorce agreement
Compiler: Shanghai No.1 Intermediate People's Court Pan Jingbo
108. Zhang Zhiwei and Yu Liping v. Jia Haiqing in the case of a house sale contract dispute
- Determination of the seller's liability for defects in the right of guarantee
Compiled by: Xuan Yubao, Shanghai No. 2 Intermediate People's Court
Zhou Fenxing, Qiu Simin, Fudan University_ p3p
109． Jiangsu Shilei Machinery Manufacturing Co., Ltd. v. Jiangsu Suzhong Telecom Equipment Co., Ltd. for a dispute over the mortgage of buildings and other land attachments
——How to Correctly Understand and Apply Article 182 of the Property Law
Person: Kong Bang, People's Court of Jingjiang City, Jiangsu Province
110. Heng Architectural Decoration Engineering (Shanghai) Co., Ltd. v. Shanghai Pudong New Area Tiandiyuan Phase III Owners Conference to undertake a contract dispute case
——Determination of the quality guarantee payment period
Compiled by: Li Jie, People's Court of Pudong New District, Shanghai_ p3p
111． China Science and Technology Construction Engineering Group Co., Ltd. v. Zhao Fuhao, Li Chaoyang, and the third party Liu Jinbing, the case of the enforcement objection by outsiders
——The litigation status of the creditor and debtor due in the enforcement objection lawsuit
Compiler: Senior People of Anhui Province Court Zhang Yonghui
112． Zhang Xueyin and Dai Hong v. Anhui Jingxian Tengda Real Estate Development Co., Ltd. Bankruptcy Administrator, Wuhu Minqiang Financing Guarantee (Group) Co., Ltd., Ding Xuefei and other third parties to withdraw the lawsuit
——China's property rights system and related justice Exploratory Practice of Interpreting Interrelationship
Compiler: Chen Yongxin, People's Court of Jinghu District, Wuhu City, Anhui Province
113． Shen Xingfu et al. v. Yu Haihui et al. Disputes over the right to life, health, and body
- Determination and consideration of escaping and chasing behavior based on traffic accidents
Prepared by: Beijing No. 1 Intermediate People's Court Wang Guoqing , Liu Yafan
114． Zheng Zihan v. Beijing Millywood Network Technology Co., Ltd. for a contract dispute case
——Judicial determination of the validity of online live broadcast rewards for minors
Compiled by: Deng Qingjing, Yang Lin, Beijing Third Intermediate People's Court
115． Gao Zhenghong v. Yanghuatang and Gu Guofeng, a private loan dispute case
——Whether the promise to pay off debts with other people's property constitutes a debt to join
Compiler: Xiangshui County People's Court of Jiangsu Province Zhu Lingling
116. Chen Siying v. Xu Jin, Nanjing Fire Engineering Co., Ltd. and other private lending disputes
- Determination of liability for invalid guarantee of a branch
Prepared by: Li Jian, Nanjing Intermediate People's Court, Jiangsu Province
117. Fan Qin v. Taizhou Jinkun Automobile Sales and Service Co., Ltd. Case of Dispute over a Sale and Purchase Contract
——The failure of the auto dealer to perform its obligations should not be presumed to have fraudulent intent
Compiler: Fang Minghang, Intermediate People's Court of Taizhou City, Jiangsu Province
118． Shi Xudong v. Pan Ruixu Housing Transfer Dispute Case
——The later buyer who has completed the transfer registration requests the former buyer who actually owns the house to move out of the house,The court should carefully examine whether the buyer constitutes a bona fide acquisition
Writer: Weng Qiang, Wuxi Intermediate People's Court, Jiangsu Province
Yixing City People's Court, Jiangsu Province Qian Jin
119. Shanghai Feixun Data Communication Technology Co., Ltd. and Chengdu Chengfei Construction Co., Ltd. Case of a Dispute over a Sales Contract Hao Xiangming
120． Chen Shilun v. Chen Xuan Property Damage Compensation Case
——Applicable Rules of Fair Liability
Prepared by: Zheng Tianzhu, Higher People's Court of Yunnan Province
121. Du Peng v. Jiangsu Maimai.com E-Commerce Co., Ltd. Service Contract Dispute Case
- Determination of Liability for Breach of Service Provided by Online Platform for Electronic Contract Formation
Compiled by: Li Juan, Wang Shiyao, Nanjing Intermediate People's Court, Jiangsu Province
122． Shanghai Xiangyi Herbal Cosmetics Co., Ltd. v. Liu Xing Labor Contract Dispute Case
——The employer should pay the labor remuneration appropriately if it fails to arrange work for no reason
Prepared by: Shanghai No. 2 Intermediate People's Court Xu Danyang
123． Zhou Wen v. Yancheng Jinwei Vehicle Appraisal and Appraisal Co., Ltd. Property Damage Compensation Dispute
——The Judicial Appraisal Institution’s Responsibility for Faults in the Appraisal Process
Compiler: Jin Longfei, Intermediate People’s Court of Yancheng City, Jiangsu Province
124． Xuzhou Central Sub-branch Company of China Pacific Property Insurance Co., Ltd. v. Sha Chang and others in the case of subrogation
——Determining the subject of the insurance company's subrogation liability under the circumstance that the scope of the "third party" in Article 60 of the Insurance Law is not clear
Compiler: Tai Yonglin, People's Court of Wuhe County, Anhui Province
125． A Garment Trading Co., Ltd. in Shishi City v. An Industrial Co., Ltd. in Fujian Province, and a lawsuit filed by Zhang who applied for executor’s objection to execution
——The accelerated expiry of shareholder capital shall not be expanded arbitrarily
Compiler: People of Shishi City, Fujian Province Court Cai Yanyu
126． Appellant Fujian Juyuan Real Estate Development Co., Ltd. v. appellee Li Guorong and third parties in the original trial Lin Lijian, Wang Lujin, China Construction Bank Co., Ltd. Zhangpu Sub-branch Case of Objection to Execution by Outsiders
——Pre-sealed commercial housing 127. Judgment Thoughts on the Action of Objection to Execution after the Sale and Purchase Contract is Rescinded
Compiler: Chen Yulun, Intermediate People's Court of Zhangzhou City, Fujian Province
127． Chen Xiaoli v. Wu Zhenyu, Li Nange Civil Loan Dispute Case
——Whether a husband and wife unilaterally issue an IOU to their parents can determine whether it constitutes a joint debt of the husband and wife
Compiled by: Shanghai No. 2 Intermediate People's Court Wang Dongyin, Zhou Liyun
128. Chen Xinlong v. China Ping An Property & Casualty Insurance Co., Ltd. Yancheng Central Sub-branch Liability Insurance Contract Dispute Case
- The application of insurance exemption clauses when the insured person dials 110 and 120 and leaves the accident scene does not constitute an escape
Compiler: Jiangsu Province He Juan and Dai Huanlai, People's Court of Dongtai City, Yancheng City
129． Shanghai Xingyi Foundation Engineering Co., Ltd. v. Jiangsu Sunan Construction Group Co., Ltd. Shanghai Branch and other construction project construction contract disputes
——Determining the actual constructor in the absence of direct evidence such as construction contracts and settlement documents
Writer ↑ Dong Chunkai, People's Court of Jiading District, Shanghai
130 ． Shi Mou v. Zhou Mou Divorce Case
- Determination of the nature and validity of husband and wife's guarantee that all property of one party will belong to the other after marriage
Compiler: Bao Dongmei, Anhui Higher People's Court
131 ． Kong Qiang v. Huaibei Shuanglong Mining Co., Ltd. Labor Dispute Case
——Whether the “impersonation” laborer’s request to pay social security fees is within the scope of civil cases
Compiler: Li, People’s Court of Duji District, Huaibei City, Anhui Province Qinghe
132 ． Jinyue v. Fuyang Tongji Road and Bridge Construction Co., Ltd., Li Dazhu's lawsuit against the executor's enforcement objection
——Can the claim of the illegal subcontractor to the developer for the balance of the project be excluded from the debt owed to the actual constructor Execution
Compiler: Zhang Chen, Intermediate People's Court of Huainan City, Anhui Province
133 ． Zhang Xiaolan and Wei Shengxing's Debt Settlement Dispute Case
——When the debtor's heir relinquishes the right of inheritance,How the Debt Should Be Repaid
Compiled by: Intermediate People's Court of Zhangzhou City, Fujian Province Chen Yulun, Huang Xing
134 ． Wang Siyi v. Wang Kuanhong, Liu Xiaoping, Disputes over the Right to Life, Health, and Body
- Distribution of Tort Damage Liability and Fair Liability
Compiled by: Bai Liping, Wang Jufang, People's Court of Gangu County, Gansu Province
135 ． Zhao Mou v. Pingliang Second People's Hospital Medical Damage Liability Dispute Case
- Application of Medical Negligence Participation Appraisal in Cases
Compiler: Pingliang Kongtong District People's Court Fan Xiaodong
136 ． He Zhengheng and Zhou Xinyu v. Hu Fei Dispute Case of Execution Objection by Application for Enforcement
——The Sequence of Protection in the Conflict between Mortgage Right and Buyer's Right Expectation
Compiler: Gong Rui, Higher People's Court of Yunnan Province
137 ． Ding Hualiang v. Ding Shanxi Dispute over Compensation for Property Damage
- Judicial Determination and Compensation Liability for Guardian Actively Infringing upon the Legal Rights and Interests of the Guardian
Compiled by: Ding Wenwei, Lu Shan, Minhang District People's Court, Shanghai
138 ． Zhao Peng v. Beijing Lianjia Real Estate Brokerage Co., Ltd., Song Yinghua et al., third party Song Jinyou in general personality rights disputes
- Determination of responsibility of information custodians in personal information infringement
Compiler: Luo Man, People's Court of Chaoyang District, Beijing , Gao Shihua
139 ． Hong Baofeng v. Su Tuanjie, Su Tuanling, etc. Disputes over Ownership Confirmation
- Expansion and Restriction of the Scope of the Exercise of Subrogation
Compiled by: Chen Jizhou and Tan Wanqun, People's Court of Haicang District, Xiamen City, Fujian Province
140 . Guo Jiliang v. Huang Aili and Zheng Qipeng in the case of a house sale contract dispute
——How to determine that the real estate cannot be transferred due to the "purchase restriction order"
Compiled by: Yongchun County People's Court of Fujian Province Zeng Qiongting
141 ． Shanghai Yaozun Marketing Planning Center v. Shanghai Zhongyuan Property Consultant Co., Ltd., an appeal case concerning a dispute over a sales contract for commercial housing as an agent as an agent
——Contract interpretation should take into account freedom of contract and substantive justice
Compiler: Liu No. 1 Intermediate People's Court of Shanghai Jia
East China University of Political Science and Law Jin Binbin
142 ． Lu Guoping v. Mo Kaiyi, Changzhou Hongyang Home Living Plaza Co., Ltd. Sales Contract Dispute Case
- Over-the-counter Lessor's Liability and Scope Determination
Compilers: Changzhou Intermediate People's Court Xiao Tiancun, Li Yinfen_ p3p
143 ． Chen Jianqiu v. Chen Xuejun, Case of Dispute over a House Sale and Purchase Contract
- Determination of the Validity of "Registration by Name" and Application of Law
Compiled by: Liu Min, Tian Yuan, People's Court of Changping District, Beijing
144 ． Zhong Rugeng v. Xia Wencheng and Liang De Property Pledge Dispute Case
—— Jurisprudence Analysis of Whether there is an Exercising Period for the Pledge of Movable Property after the Implementation of the Property Law
Compiler: Qin Hongmei, Higher People's Court of Guangdong Province
145 ． Zhang Daoming, Zhang Julian, Gu Xuehua, Zhang Zhiwen v. Shanghai No. 1 Construction Service Co., Ltd., Tang Aqiang, Xie Renjun Dispute on the Right to Life
- Determination of whether to bear the tort liability for defects in good faith rescue
Compiler: Songjiang District, Shanghai People's Court Zhu Chunqi, Chen Jun
146 ． Shi Peipei v. Beijing Chaoyang Hospital Affiliated to Capital Medical University, Medical Service Contract Dispute Case
- Construction of Judgment Rules for Medical Service Contract Disputes Involving Human Assisted Reproductive Technology
Compiled by: Chen Xiaodong, Yu Ting, Chaoyang District People's Court, Beijing_ p3p
147 ． Chengdu Daily Appeals Beijing Panorama Vision Network Technology Co., Ltd. Infringement on the Dispute over the Right to Disseminate Work Information Network Lan Tian, Song Kexin
148 ． Hong Zhenkuai v. Liu Hongquan, Shenzhen Honggehui Cultural Consulting Co., Ltd. Dispute on the right of reputation
——Whether the criticism caused by questioning the deeds of heroes and martyrs constitutes the question of reputational infringement of the questioner
Compiler: Shenzhen Municipal Intermediate People's Court Li Fei
149 ． Chen Ganhong v. Zhuhai Hengqin New District Xiegui Co., Ltd. in the case of a futures brokerage contract dispute
- Determination of the binding force of the arbitration clause on the non-direct signing entity
Compiled by: Ning Zhi, People's Court of Hengqin New District, Zhuhai, Guangdong Province Red, Xiong Xiaobiao
150 ． Liang Guizhen, Hu Cuizhi and Respondents Yu Yanhong and Nie Shaozhong Dispute over Ownership Confirmation
——Simple source of funds cannot identify the actual owner
Compiler: Zhao Yuansong, Higher People's Court of Guangxi Zhuang Autonomous Region
151 . Weng Yujie v. Bidezi Housing Sales and Purchase Contract Dispute Case
- Determination of Liability for Malicious Negotiation when Agreement Fills Contract Loopholes
Compiler: Li Xing, Shanghai No. 1 Intermediate People's Court
152 ． Bai Xiaojun v. Wang Hongling, Liu Weidong, Yingkou Hanwei Technology Co., Ltd. Case of Dispute over Physical Right Intermediate People's Court Di Rong
153 ． Guo Jinghuan v. Cangnan County Yikuo Arts & Crafts Co., Ltd. Dispute over a sales contract
- Determination of a major misunderstanding of the intentions of both parties in the sales contract
Compiled by: Xu Lingyun, Wang Qiming, People's Court of Haizhou District, Fuxin City, Liaoning Province
154 ． Zhu Zhaolong v. Dongtai Xuhe Safety Equipment Factory in the case of network infringement liability . Wu Xiaoqing v. Wang Guoxun, Wang Yong, etc. Guarantee Contract Dispute Case
- Determination of Joint Debt of Husband and Wife in Guarantee Debt
Compiled by: Li Yingchang, Pan Zhe, Shanghai No. 2 Intermediate People's Court
156 ． Wang Haiping v. Cui Mengqin Dispute on Unjust enrichment
——The "repeated prosecution" review and allocation of burden of proof after suing private lending and then unjust enrichment
Compiled by: Chen Man and Jin Lei, Intermediate People's Court of Maanshan City, Anhui Province
157 ． Divorce Dispute Case of Wu v. Dai
——The legal nature of one parent's investment in buying a house for their children after marriage
Compiled by: Anqing Intermediate People's Court of Anhui Province Jin Jing
158 ． Xu Ying v. Li Min, Beijing Boda Real Estate Development Co., Ltd. and other parties involved in the enforcement objection lawsuit
——Determination of the validity of the debt-for-things agreement in the enforcement objection lawsuit by outsiders
Compiler: Daxing District, Beijing People's Court Cheng Li, Xiong Shilan
159 ． Wu Guojian v. Lin Liyan, a dispute over a contract on assignment of creditor's rights
——Judgment of the true intention of performing when multiple contracts coexist
Compiled by: Zhu Yicheng, Lin Yuxian, People's Court of Xianyou County, Fujian Province
160． Yongdeng County Agriculture and Forestry Bureau and Ba Yufeng, Qi Lixin, etc. Public Interest Litigation Disputes
- Determination of Eligible Plaintiffs in Civil Environmental Public Interest Litigation
Compiled by: Fan Lanling, Peng Tingting, Lanzhou Intermediate People's Court, Gansu Province
161． Zhao Ruxiang and Mu Nanhua and Chen Zihao confirm the invalidity of the contract dispute case
——The court mediation agreed that after the house is owned by the children, the party involved in the mediation registered the house involved in the case and signed a sales contract with others. Determination of the validity
Writer: Zhang Pingping, Intermediate People's Court of Zunyi City, Guizhou Province
162． Gao Lixia v. Liu Yunshan , Shenyang Cedar Greening Engineering Co., Ltd. and other construction project construction contract disputes
——In the case that the seedling greening project has not signed a contract,How to determine the structure of project price by means of probability and statistics
Writer: Shenyang Intermediate People's Court of Liaoning Province Xiangmeng
163． Wang Maosheng v. Pan Tiansheng, Gong Bin, China Construction Bank Corporation Nanjing Jiangning Sub-branch Housing Sales Contract Case
- Determination of Mortgage Right Obtained in Good Faith by a Professional Financial Institution
Compiler: Lu Yajuan, People's Court of Jiangning District, Nanjing City, Jiangsu Province
1 64 ． Sun Moumou v. Shen Mou, Ding Hantao Tort Liability Dispute Case
- Determination of the Nature of Family Custody Tort Liability
Compiler: Lu Haijun, People's Court of Hongze District, Huaian City, Jiangsu Province
165. Sun v. Xu and Guo in the case of unjust enrichment disputes
——The correct determination and judgment of the husband and wife's unauthorized disposal of common property constitutes unjust enrichment
Compiled by Yang Fuyuan and Rong of the Intermediate People's Court of Zibo City, Shandong Province Ming Xiao
166 ． Ni Lurenjie v. Lu Gaoyin Post-Divorce Property Dispute Case
——The third party clause in the divorce agreement for the provision of property to children is actually a benefit
Compiler: Shanghai No. 1 Intermediate People's Court Jin Shaoqi
167． Sun Yongzhi v. Anshan Iron and Steel Private Enterprise Comprehensive Enterprise Co., Ltd. Labor Dispute Case
——Determination of the scope of acceptance of civil lawsuits for social insurance labor disputes
Prepared by: Liu Jiaqing, Intermediate People's Court of Yingkou City, Liaoning Province
168． Tang Guoqin, Tang Guoru, etc. v. China Continent Property Insurance Co., Ltd. Fengyang Sub-branch, etc. Insurance Dispute Case Tao Jihang, Intermediate People's Court of Chuzhou City, Anhui Province
169． Zhou Shumei, Song Xiaoli, Liu Zichen v. Zhang Wuzhou, Yingda Taihe Property & Casualty Insurance Co., Ltd. Wuhe County Branch and Other Motor Vehicle Traffic Accident Liability Disputes No Determination of Exemption
Compiled by: Xu Jizhen, Wu Kun, People's Court of Wuhu Economic and Technological Development Zone, Anhui Province
170 ． Beijing Xuanwu Sub-branch of Industrial and Commercial Bank of China Co., Ltd. v. Qin Biming, Beijing Hongrun Real Estate Development Co., Ltd. Dispute Case of Application for Execution Objection to Execution
——Judgment Rules for the Conflict of Mortgage Right and Specific House Buyer's Rights in the Action of Execution Objection_ p3p
Compiler: Shi Zhijun, Beijing Third Intermediate People's Court
171 ． Yang Jianxiang v. Thyssen Elevator Co., Ltd. Beijing Branch Labor Dispute Case
- Bearing of expenses beyond the scope of work-related injury insurance reimbursement
Prepared by: Chaoyang District People's Court, Beijing Xiao Wei
172． Liu Jinhu v. Dianmi Network Technology Co., Ltd., Beijing Sankuai Online Technology Co., Ltd. Labor Dispute Case 73 ． Qingdao Huadi Thermal Power Co., Ltd. v. Fujian Provincial Commercial (Group) Co., Ltd. v. Ai Yunfu, Jiangxi Datong Investment Co., Ltd., and Luo Zhongcai's Sales Contract Dispute Case
——In principle, an ordinary creditor cannot be identified as a third-party revocation lawsuit Qualified Plaintiff
Compiler: Yu Qiuping, Fuzhou Intermediate People's Court, Fujian Province
174 ． China Construction Bank Co., Ltd. Dandong Bank v. Qin, Zhang, etc., a loan contract dispute case
——Special circumstances of the mortgagee exercising the priority of repayment
Compiler: People of Yuanbao District, Dandong City, Liaoning Province Court Sun Xiaotao
175 ． Huaibei Phoenix Mountain Industrial Group Co., Ltd. v. Huaibei Hanxiang Food Co., Ltd. Case of General Recall
- Rules and Obstacles for Property Changes in Real Estate Sale and Leaseback Financial Leasing Contract
Writer: Du, Huaibei City, Anhui Province Xu Lei, People's Court of the Collective District
176 ． Zhang Yong, Zheng Chuangang v. Wang Mei, etc. on the transfer contract of creditor's rights
- Divorce certificate cannot be used as a basis for exonerating the ex-spouse from joint liability for external debts
Compiler: Kong Rong, High People's Court of Anhui Province
177 ． Li Fengjun v. Li Shaoyi, Su Zhiling, and Li Jia's legal inheritance dispute case
——Criteria for determining the custody relationship between relay parents and stepchildren in disputes over inheritance rights
Compiled by: Deng Qingjing, Guo Ying, Beijing Third Intermediate People's Court
178 ． Han Yiying v. Guo Hui, the case of disputes over portrait rights and name rights
——The scope of protection of name rights and the standard of compensation for infringement Xi'an Wentian Technology Industrial Group Co., Ltd. v. Li Chenru Dispute over Confirmation of Invalidity of Contract
- Determination of Contract Validity in Violation of Mandatory Norms
Compiled by: Li Xiaofeng, Yuan Huigen, Fu Dong, Shaanxi Higher People's Court
180 ． Beijing Sanyuan Food Co., Ltd. v. Qiu Hui, Beijing Tongtang Wumart Convenience Supermarket Co., Ltd. Tongzhou Sanjianfangdian Third Party Revocation Case
——The principle of relativity of res judgment and the exemption from proof of fact confirmed by the effective tribunal are in Application in the third-party revocation lawsuit
Compiler: Zhao Tong, Beijing Higher People's Court
181 ． Bai Shiqiao v. Xiamen Jinyu Trading Co., Ltd. and Beijing Jingdong Sanbailu Shidu E-Commerce Co., Ltd. in an online shopping contract dispute case
- Determination of punitive damages by food operators
Compiler: People of Daxing District, Beijing Court Zhao Yanbin, Yang Xi
182 . Fan Qiaoliang and Locke Company v. Ruihe Company's Bankruptcy Claims Confirmation Dispute Case
——Determining whether the change of the collateral for the secured debt constitutes a biased repayment
Compiler: Li Lin, Intermediate People's Court of Taizhou City, Jiangsu Province
183 ． Shenzhen Kangdaer (Group) Co., Ltd. v. Lin Zhi and other thirteen persons in the case of short-term trading income disputes
——Recognition of short-term trading by shareholders of a listed company and calculation of income
Compiler: Futian District, Shenzhen City, Guangdong Province People's Court Tang Chunli
184 ． Li Yongbing v. Beijing Yuanyuanhui Investment Management Co., Ltd. and Beijing Wangxin Crowdfunding Network Technology Co., Ltd. for a dispute over an intermediary contract
- Determination of the obligations of an equity crowdfunding platform from the dual perspectives of contract law and financial law
Writer: Beijing ．The Third Intermediate People's Court Liu Yin, Tang Dali
185 ． Fan Yuhui v. Yang Xiuchao Private Lending Dispute
- Judicial Determination of "Professional Lenders"
Compiler: Beijing Internet Court Wu Jiao
Beijing Second Intermediate People's Court Wang Shuo
186 ． Beijing Gongming Wealth Inheritance Management Consulting Co., Ltd. v. Qiu Xiangdong, Niu Zhongmin, etc. Contract Dispute Case . Shanghai Jiyu Network Technology Co., Ltd. and Alipay (China) Network Technology Co., Ltd. Service Contract Dispute Case
- Judicial Liability Determination for Alipay's "Instant Account" Service
Compiler: Kong Yanping, People's Court of Pudong New Area, Shanghai_ p3p
188 ． Zhang Xiaohai v. Ping An Financial Holding Investment Fund Management (Beijing) Co., Ltd. and Ping An Financial Holding Wenying Investment Management Center (Limited Partnership) Entrusted Wealth Management Contract Dispute
——The "minimum guarantee clause" and "excess return" in the entrusted wealth management Confirmation
Compilers: Li Zenghui, Zhang Lipeng, Chaoyang District People's Court, Beijing
189． China Everbright Bank Co., Ltd. Harbin Daoli Sub-branch v. Sinotrans Air Transport Development Co., Ltd., Sinotrans Air Transport Development Co., Ltd. Heilongjiang Branch, etc. Contract Dispute Case Provincial Higher People's Court Zhou Wenting
190． Nanjing Kaan Auto Parts Co., Ltd. v. Shenzhen Cruise International Logistics Co., Ltd. and other cases of disputes over maritime cargo transportation contracts Maritime Court Yang Chan
191. Chen Cultivation v. Wang Xiliang, Dalian Dongya Vientiane Investment Consulting Co., Ltd. and other loan contract disputes
——The path of judicial review of platform’s supplementary liability in online lending
Compiler: Kong Yanping, Shanghai Pudong New Area People’s Court
192． Huatai Beitong Software Technology Co., Ltd. v. Deng Hua Liability for Injuring Company Interests
- Judicial Determination of Directors, Senior Management, etc. Breach of Fiduciary Duty After the Promulgation of the Fifth Interpretation of the Company Law
Compiler: Fengtai District People's Court of Beijing Zhao Zhao, Bi Kaili
193． Yueyang Economic and Technological Development Zone Fuxing Real Estate Development Co., Ltd., Changling Branch of Sinopec Group Asset Management Co., Ltd., and Sinopec Group Asset Management Co., Ltd. A case of dispute over a real estate contract for joint venture and cooperative development After the establishment of this contract between the two parties
Compiler: Cheng Peng, Intermediate People's Court of Yueyang City, Hunan Province
194． Yuhuan County Tianhong Hotel Co., Ltd. and China Post Group Corporation Zhejiang Yuhuan County Branch, the third party Yuhuan City Kanmen Dongfan Children's Kindergarten, Yuhuan County Kanmen CITIC Internet Cafe's external debt collection dispute case
- liquidation Procedural Issues in Derivative Cases of Bankruptcy and Reorganization
Compiler: Xiang Yanyong, People's Court of Yuhuan City, Zhejiang Province
195． Chen Jinlong and Huang Guangsheng Convicted of Drug Trafficking
- Application of the Principle of No Additional Sentence for Appeal in Remand Cases
Writer: Liu Yongju, Intermediate People's Court of Guiyang City, Guizhou Province
196． The case of Nie Xiaoxuan and others infringing on citizens' personal information
——The determination of "citizens' personal information" in the criminal law should be interpreted in light of the elements constituting a crime
Compiled by: Liu Libing, Chaoyang District People's Court, Beijing
197. The Dangerous Driving Case of Wu Rifu, Yang Mou, and Peng Dajin
- Driving a Kindergarten School Bus Seriously Overtaking and Speeding Constitutes the Crime of Dangerous Driving
Writer: Jiangxi Higher People's Court Tang Yuanyuan
198 ． Zhang Zhixiang, Fan Zheqing, Fan Wanlu Intentional Murder Case
——How to Convict and Sentence for Assisting Close Relatives in "Euthanasia"
Compiled by: Wang Yongxing, Intermediate People's Court of Taizhou City, Zhejiang Province
People of Luqiao District, Taizhou City, Zhejiang Province Court Xia Qiaohua
199 ． Defendant Yang Maoqiang's case of contract fraud
——Criminal presumption for the purpose of illegal possession of the crime of contract fraud
Compiler: Lu Wei, People's Court of Pudong New Area, Shanghai
200. Li Chuang et al. Civil Public Interest Litigation Cases for Environmental Pollution Crimes
- Determination of Joint Crime, Unit Crime, Attempted Crime, and Joint and Several Compensation
Compiler: Anhui Higher People's Court Li Peng Chong
201. Wang Chuanbao et al. Traffic Accident Cases
- Determination of Liability for the Death of the Same Victim in Multiple Accidents in the Crime of Traffic Accidents
Compiler: Zhou Yu, People's Court of Suixi County, Anhui Province
202. Yi Jihong and others drug trafficking cases
——How to distinguish between middle introduction and middle sales in middle-sized drug crime cases, and how to accurately apply the death penalty to the upper and lower families
Compiler: Jin Lugang, Hubei High People's Court
203． Zhou Wenxing's Intentional Murder Case
- Examination of Statements in Poisoning and Murder Cases
Compiled by: Su Pu, Tong Dingling, Intermediate People's Court of Loudi City, Hunan Province
204． The theft of Jiang Chaochao, Lin Kai, etc.
- Judicial determination of "personal property used for crime"
Compiler: Shaanxi Higher People's Court Wang Qixuan
205. Wei Pengfei's Credit Card Fraud Appeal Case
——Qualification of the use of a third-party payment platform to obtain money in a related bank card
Compiler: Huang Qi, Shanghai No. 1 Intermediate People's Court
206. The Case of Zhao Xiang, Tan Shuaiqiang and Others Organizing Minors to Conduct Violation of Public Security Administration
- Determination of Organizing Minors to Be Paid to Accompany in Entertainment Places
Compiler: Ke Yangzhi, Higher People's Court of Henan Province
Shao Cunxia, People's Court of Ruzhou City, Henan Province
207． Li Hongbing's racketeering case
——The boundary between legitimate rights protection and racketeering
Compiled by: Long Wei, People's Court of Xinhuang Dong Autonomous County, Hunan Province
Mo Jinzhi, Intermediate People's Court of Huaihua City, Hunan Province
208． Zhang Kun's case of picking quarrels and provoking trouble
——In the case of plead guilty and leniency,In order to ensure the balance of sentencing and the effect of the case, the people's court may not adopt the sentencing recommendation put forward by the procuratorate
Compiler: Yao Qiang, Tianjin No. 3 Intermediate People's Court
Tianjin No. 2 Intermediate People's Court Wang Liping
209. The case of Han Moumou, Liu Moumou, and Zhao Moumou sabotaging the computer information system
- Modifying the parameters or monitoring data of the environmental quality online monitoring system installed by the enterprise, interfering with the determination of sampling behavior
Writer: Wuqing, Tianjin District People's Court Li Haifeng, Jiang Xin
210. Wang Zaichao's Case of Illegal Practice of Medicine
——Confirmation of a rural doctor's practice qualification, but the practice of medicine exceeds the scope of practice determined by the practice license
Compiler: Wang Lixin, People's Court of Dongli District, Tianjin
211. Defendants Wu Haigang, Sun Lidi, etc. smuggling, selling, transporting, and illegally possessing drugs
——The case of smuggling, trafficking, and transporting new psychoactive substances should be progressively proved criminal intention
Compiler: Hangzhou, Zhejiang Province Municipal Intermediate People's Court Liu Hongshui
212. The case of Chen Caiqiang and other underworld organizations Commissioner
213． Sun Chao's Traffic Accident Case
——Qualification of the Road Accident Behavior of Driving Special Equipment Vehicles
Compiled by: Huang Bao, Huang Louying, Lao Yuhua, People's Court of Minhang District, Shanghai
214． Chen Enhong's Theft Case
——The Main Realization Path of the Principle of Presumption of Innocence
Compiler: Chu Huina, People's Court of Wuhu Economic and Technological Development Zone, Anhui Province
215． The Case of Yang Bin and Others Organizing, Leading, and Participating in Underworld Organizations
——How to Accurately Grasp and Identify the "Dangerous Characteristics" of Underworld Organizations under the New Situation
Compiled by: Intermediate People's Court of Qianxinan Buyi and Miao Autonomous Prefecture, Guizhou Province Gao Huayu
216． Yuan Zengchao's Illegal Operation Case
—— Determination of Illegal Use of POS Machines for Credit Card Repayment
Prepared by: People's Court of Kunshan City, Jiangsu Province Wang Dong
217. Wang Yongshun's Intentional Injury Case
——Defense Determination of Illegal Trespassers
Compiler: Zhou Zhihua, Higher People's Court of Hunan Province
218. Ou Jianhong and others illegal control of computer information system crime
- the perpetrator pre-installed the program in the unsold smart phone,After the mobile phone is put into use, the determination of the act of pushing commercial electronic information without the user's knowledge
Compiler: Wu Zhuqin, Pinghu People's Court of Zhejiang Province
Li Jiming et al v. Zichuan District People's Government of Zibo City Government Land Administrative Registration Case
- Understanding and Application of Administrative Organs' Loss of Evidence in Administrative Litigation and Trial and Resolution of Related Civil Disputes
Compiler: Shandong Province Zibo City Intermediate People's Court Rong Mingxiao
Chongqing University Yu Xiaolong
220． Huang Yuanyue v. Chongqing Municipal Public Security Bureau Beibei District Bureau Road Administrative Penalty Case
- Privately built courtyards and dams with public characteristics are "roads" in drunk driving
Compiled by: Peng Ying, Chongqing No. 1 Intermediate People's Court, Wang Jiankang, Li Zunli
221． Zhao Jihua and Chen Kangmei v. Shanghai Municipal People's Government of Decision on Rejection of Administrative Reconsideration Application
- Rules for Determination of Abuse of Litigation and Choice of Restrictive Paths
Compiled by: Bao Hao and Cheng, Shanghai Third Intermediate People's Court Li, Shi Kecheng
222． Jiang Xufa v. Shanghai Baoshan District Market Supervision and Administration Bureau of Food Safety Administrative Penalty Case
- The Difference and Application of Imagination in Administrative Law and Criminal Law
Compiled by: Liu Yuanyuan, Du Jingjing, Shanghai Pudong New Area People's Court
223． Zhang Bainiu v. Yangjin Road Sub-district Office, Jinshui District, Zhengzhou City, Case of Compulsory Demolition and Administrative Compensation
- Determination of Property Loss in the Case of Demolition Site and Objects Controlled by the Plaintiff after Illegal Demolition
Compiler: Zhengzhou City, Henan Province People's Court Wei Liping
224． Yang Liande v. the People's Government of Yuanqiao Town, Huangyan District, Taizhou City Government Case of Non-Performance of Housing Resettlement Compensation Agreement
—— CPPCC Judicial Determination of Unilateral Modification and Removal of Conditions
Compiler: Huangyan, Taizhou City, Zhejiang Province District People's Court Zhang Chentian, Miao Yawei
225. Jiang Xiafei v. Sanming Municipal Human Resources and Social Security Bureau's Decision on Work Injury Determination and Sanming Municipal People's Government Decision on Administrative Reconsideration
- The Factual Composition of Death from Sudden Illness and Determination of Deemed Work Injury
: Li Zuchao, Administrative Tribunal of the Intermediate People's Court of Sanming City, Fujian Province
226. Zhao Wei v. Shanghai Municipal Public Security Bureau Ning Branch Traffic Police Detachment on Administrative Penalty Decision
- Judicial Judgment that "Browsing Electronic Devices" Constitutes Obstructing Safe Driving in Local Regulations
Compiled by: Cui Shengdong, Shanghai Railway Transportation Court
227． Liu Jianfeng v. The People's Government of Quanjiao County, Anhui Province Government Land Administrative Registration Case
- Rules for the Apportionment of Land Use Rights for Commercial Buildings
Prepared by: Anhui Higher People's Court Chen Mo
228. Wen Deyi v. China Securities Regulatory Commission Administrative Punishment and Administrative Reconsideration Case
- Determination of the Unity of Individual Illegal Acts of Senior Executives in Company Illegal Acts
Compiled by: Long Fei, Zhang Tingting, Beijing No. 1 Intermediate People's Court
229． People's Government of Liangzhou District, Wuwei City v. Wuwei Tianyi Group Real Estate Co., Ltd. Land Publicity Case
——Whether the administrative act has an impact on the rights and obligations of the parties should be judged from the aspects of form and actual results
Compilers: Liu Jing and Wang Meng of the Higher People's Court of Gansu Province
230. Wang Fuying et al. v. Shanghai Real Estate Registration Bureau Housing Mortgage Registration Case
- Determination of Legal Validity of Unauthorized Mortgage Registration after the Online Signing and Filing of a House Sale Contract
Compiled by: Li Feng and Zou Jiayuan, Shanghai Pudong New Area People's Court
231． Li Shanchuan v. Chengdu High-tech Industrial Development Zone Environmental Protection and Urban Comprehensive Management Law Enforcement Bureau Industrial and Commercial Registration Case
——Only the application materials that are not signed by the person cannot be used as a valid defense to cancel the industrial and commercial registration change
Compiler: Chengdu, Sichuan Province Fan Cong, People's Court of High-tech Industrial Development Zone
232． Nanjing Liangshi Medical Equipment Co., Ltd. v. Jingjiang City Financial Dispute over Bidding Complaint Handling Decision
- Determination of Malicious Collusion in Bidding
Compiler: Li Jianfeng, People's Court of Taizhou Pharmaceutical High-tech Industrial Development Zone, Jiangsu Province
233． The People's Procuratorate of Luyang District, Hefei City v. Hefei Drainage Management Office and the third party Hefei Dazhong Landscape Construction Co., Ltd. for non-performance of statutory duties
——Thinking about the way of confirming illegal judgments in administrative public interest litigation cases
Pan Pan, Intermediate People's Court of Hefei City, Anhui Province
234． Beijing Century Jiucheng Campus Etiquette & Clothing Co., Ltd. refuses to accept the administrative decision of Beijing Chaoyang District Social Insurance Fund Management Center for the recovery of social insurance benefits and the government of Beijing Chaoyang District People's Government Administrative Reconsideration Decision
——The right of the social insurance fund to recover Understanding and Judicial Review
Compilers: Xu Xiang, Zhu Junwei, People's Court of Chaoyang District, Beijing
235． Kaiping Municipal People's Procuratorate v. Kaiping Municipal Environmental Protection Bureau Dispute over Non-Performance of Statutory Duties
——The Dilemma of the Absence of Judicial Review Standards Determined by "Reparative Judicial" Breaking the Bureau "Environmental Protection Performance"
Compiler: Jiangmen City, Guangdong Province Liao Jiehua, Jianghai District People's Court
236． Yang Huaren v. Qianjiang Municipal Human Resources and Social Security Bureau, etc. for failing to perform social insurance statutory duties and administrative reconsideration case
- The relationship between the conditions for accepting administrative reconsideration and the conditions for accepting administrative litigation and its handling
Compiled by: Hanjiang Intermediate People of Hubei Province Court Wei Tianhong
237． Liu Peng v. Hunan Provincial Expressway Traffic Police Bureau Shaoyang Detachment Tangdukou Brigade of Administrative Penalty Case
- Determination of "Obviously Improper" Administrative Penalty for Drinking and Driving
Compiled by: Liu Zhaohui, Intermediate People's Court of Shaoyang City, Hunan Province, Wang Ao
238． Zhao Jinghui v. Xianyang Municipal Administration for Market Regulation and Shaanxi Administration for Industry and Commerce Administration Registration and Administrative Reconsideration
——The administrative error correction of administrative confirmation acts such as equity pledge registration shall ensure due process and justice in accordance with the law
People: Heng Feiling, Chai Miao, Xi'an Railway Transportation Intermediate Court
239. Shanghai Junfeng Jialu Real Estate Development Co., Ltd. v. Xiang Rongfu and Shenzhen Tencent Computer System Co., Ltd. in the case of a dispute over network infringement liability Compiler: Shanghai Jiading District People's Court Gongzheng
240. Dupierre Composite Construction (Taicang) Co., Ltd. v. Suzhou Intellectual Property Office on Patent Administrative Handling Decision
——The specific application of the system of civil dispute settlement in administrative litigation in subsequent administrative cases of intellectual property administrative ruling
Compiled by: Sun Shuoben of the Higher People's Court of Jiangsu Province
Suzhou Intermediate People's Court of Jiangsu Province Zhuang respect
241． Anhui Huayuan Pharmaceutical Co., Ltd. v. Trademark Office of State Administration for Industry and Commerce, Shengzhou Yixintang Pharmacy Chain Co., Ltd. and other trademark administrative disputes Compiler: Beijing Higher People's Court Pan Wei
242. Tianjin Parrot Musical Instrument Co., Ltd. v. Northern International Group Tianjin Tongxin Import and Export Co., Ltd., a case of trademark infringement disputes
- Judgment rules for cases of conflict of registered trademark rights due to specific historical factors
Compiler: Tianjin Huang Yanli and Zhang Nan of the Higher People's Court
243． He Wei and other cases of counterfeiting registered trademarks and selling goods with counterfeit registered trademarks
——How to convict the production and sale of goods with counterfeit registered trademarks without 3C certification
Compiler: Tong Haichao, Hubei Higher People's Court
244 . Dian Fubao Investment Co., Ltd. appealed Anning Ruicheng Industry and Trade Co., Ltd., Li Chao and other loan contract disputes Compilers: Sun Jian, Mao Weiqing, Intermediate People's Court of Kunming City, Yunnan Province
245. Jiangling Holdings Co., Ltd. v. Patent Reexamination Board of the State Intellectual Property Office, Jaguar Land Rover Co., Ltd. and other cases of administrative disputes over the invalidation of design patents Compiler: Su Zhifu, Beijing Higher People's Court
Excellence Award
246． Beijing Microbroadcast Vision Technology Co., Ltd. v. Baidu Online Network Technology (Beijing) Co., Ltd., etc. Infringement of Work Information Network Dissemination Case Application of
Compilers: Zhang Wen, Zhu Ge, Lu Ning, Beijing Internet Court
247. Wuhan Wushang Liangmaan Chain Co., Ltd. v. Liu Jiming Dispute on Product Liability
——The relationship between packaging labels and food safety standards and the determination of whether it misleads consumers
Compiler: Xing Yong, Hubei Higher People's Court , Zhu Hongxiang
248． Shanghai Wantuan Network Technology Co., Ltd. v. Hu Jianing Contract Dispute Case
- Determination of the Nature, Validity and Liability for Breach of the Webcasting Brokerage Contract
Compilers: Qiao Caiquan, Zuo Yuguo, Yin Xiaochen, Minhang District People's Court, Shanghai , Wang Pengpeng
249． Qiao Lieyan v. Beijing Zhongfu Tiantong Department Store Trading Co., Ltd. Disputes over the right to life, health, and body
- Security obligations and scope of objects from the perspective of essential facts
Compiler: Beijing No. 1 Intermediate People's Court Ding Yuxiang and Ju Wei
250． Beijing Tianxu Canal Real Estate Development Co., Ltd. v. Beijing Tongzhou District Furongyuan (Jingmaojiayuan) Community Owners Committee on the Dispute over the Owner's Right of Revocation
- Defects in the resolution procedure of the owners' meeting and the determination of the owner's right of revocation
Writer : Beijing Higher People's Court Tian Yan
251. Zhang Ping v. Qinghai Mingjue Commodities Trading Center Co., Ltd., Xuchang Jinming Yuyu Jewelry Co., Ltd., etc. in the case of futures trading disputes
- Determination of futures trading behavior
Compiled by: Liu Jiangjing, High People's Court of Qinghai Province_ p3p
252． Appellant Liu Yeping and Appellee Fang Gongmin Contract Dispute Case
- Application of the Principle of Good Faith in Civil Litigation
Prepared by: He Yukai, Intermediate People's Court of Xi'an City, Shaanxi Province
253. Chang Wentao v. Xu Ling, the third party Ma Fenggang network service contract case
—— Determination of the nature of "swiping traffic" behavior and legal regulation path
Compiler: Beijing Internet Court Yan Jun
254. Li Xiuyu v. Nanping City Center for Disease Control and Prevention Labor Dispute Dispute Case
——The loss of the employer's failure to provide endowment insurance for the laborer according to law should be calculated based on the comprehensive policy and the individual factors of the laborer
Compiler: Nanping City, Fujian Province Intermediate People's Court Li Qingping, Qiu Cui
255. Zhi Moujia, Ma Moumou, etc. v. Beijing Fengtai District Water Affairs Bureau, Beijing Fengtai District Yongding River Management Office, etc. The right to life case
- Judicial determination of the security obligation of an institution with administrative responsibilities under the comprehensive consideration of legal value
Compilers: Zhuang Yongsheng and Bi Kaili of the People's Court of Fengtai District, Beijing
256． Wang Lina, Li Jiapeng, Wang Xiangjia v. Cai Donggui Contract Dispute Case
- Determination of Property Rights When the Records in the Real Estate Register Do Not Consistent with the Real Rights Status
Compiled by: Chen Mingxia, People's Court of Qinzhou District, Tianshui City, Gansu Province
257． Tian Qingfang v. Jingzhou Shashi District Human Resources and Social Security Bureau and the third party Jingzhou Jinchu Security Service Co., Ltd. in the case of work-related injury determination
——How to determine the standard of "deemed work-related injury" when faced with ethical disputes
Compiler: Ouyang Qing, Intermediate People's Court of Jingzhou City, Hubei Province
258. Jia Shankai v. Beijing Dongfang Cheyun Information Technology Co., Ltd. contract case
——Determination of liability of online car-hailing platforms and review of trial elements in contract cases involving punishment of operating qualifications
Compiled by: Zhang Huicong, People's Court of Haidian District, Beijing
259． Liu Yichen et al v. Liu Xiujie et al. Adjacent pollution infringement case
- Determination of adjacent pollution infringement and compensation liability
Compiled by: Li Tianyu, People's Court of Mengcheng County, Anhui Province
260． Appellant Chen Hao and appellee Panjin Youlian Pawn Co., Ltd., and Chen Yonggang, the third party in the original trial, a case of objection to execution
——Determining whether the grantee has the right to prevent the execution of the donated real estate that is mortgaged
Compilers: Shi Guang, Liu Yanni, Intermediate People's Court of Panjin City, Liaoning Province
261. Wang Hao v. Shenyang China Metallurgical Xihu Real Estate Co., Ltd., a case of dispute over a commercial housing sales contract
——The contract liquidated damages are too low,Liquidated damages adjustment rules when actual losses cannot be determined
Compiler: Liu Jia, People's Court of Huanggu District, Shenyang City, Liaoning Province
262． Dou Chunxiao v. Nanjing Zhongyuan Conference Service Co., Ltd. in a dispute case related to the company
——The legal representative of the company requests the court to confirm that it does not have the identity
Compiler: Mao, People's Court of Gulou District, Nanjing City, Jiangsu Brocade
263． Chen Yue'e v. Wang Binbin, Zhang Junkuo, etc. Health Right Dispute Case
- Determination of Liability for Damages Caused by Falling Signboards of Associated Stores
Compiled by: An Hongqiang, People's Court of Xuanwu District, Nanjing City, Jiangsu Province
2 64 ． Liu Honghan v. Tang Zhonghua, Anqing Sanda Construction Development Company and other private lending disputes
——The nature of the construction company's project department, the effectiveness of the guarantee and its responsibility
Compiler: Chen Yangjin, People's Court of Zongyang County, Anhui Province_ p3p
265． Hebei Credit Investment Group Asset Management Co., Ltd. v. Beijing Institute of Technology Innovation Investment Co., Ltd., Wang Yu and other shareholders injuring the company's creditors' interests and liability disputes
- Determination of shareholders' joint liability for repayment
Compiler: Shijingshan District, Beijing Court Li Kun
266． Wang Xiaodong v. China Resources Land (Chongqing) Co., Ltd. Case of Environmental Pollution Liability Dispute
——Chongqing's First Light Pollution Liability Dispute Case
Compiler: Chongqing Higher People's Court Huang Cheng
267． China Foreign Economic and Trade Trust Co., Ltd. applied for the enforcement of Shanxi Luxin Energy Group Co., Ltd., Zheng Anli, etc. Execution Objection Case Intermediate People's Court Hou Chengcheng
268. Liu Zhaotang v. Liu Chuntang, Case of Dispute over Rural Land Contract
——Restriction and Protection of Rural Land Circulation Autonomy
Compiler: Ding Junsheng, People's Court of Xinghua City, Taizhou City, Jiangsu Province
269． Li Yan v. Wang Xin Dispute over Private Loans
—— Can the Unwritten Off Payments During the Employee's Service Period Be Recognized as Private Loans
Compiled by: Tang Sunning, Liu Yang, Intermediate People's Court of Xuzhou City, Jiangsu Province
270. Chen Huanchang et al. v. Xu Yuehua et al. Motor Vehicle Traffic Accident Liability Case
——Whether driving an A2 driver's license during the probationary period constitutes an insurance company's defense against liability
Compiler: People's Court of Changzhou Economic Development Zone, Jiangsu Province Ge Feng
271． Shi Chengtao v. Li Buming, Xu Rongfen Private Loan Case
- Determination of the nature of the debt signed by the spouse as a witness
Compiler: Liu Qian, People's Court of Funing County, Jiangsu Province
272. Li Yuxiu v. Li Yufang Dispute over Real Right Confirmation
——The Procedural Principle and Procedural Effect of Real Right Confirmation in the Action of Objection to Execution
Compiled by: Zhang Kai, Intermediate People's Court of Bengbu City, Anhui Province
2 73 ． Zhang Guihua, the People's Government of Xinan Town, Zhangping City, et al v. Yi Huoyan, Zhangping City Yiyuan Hydraulic Development Co., Ltd. for a contract dispute case
- Determining the debt subject of the enterprise after technological renovation and expansion from the purpose of the contract
People: Chen Daqing, Chen Liping, People's Court of Zhangping City, Fujian Province
274. Su Bo v. Beijing Miyun District Traditional Chinese Medicine Hospital Personnel Dispute Case
- Determination of liquidated damages for resignation before the expiration of the employment contract of a public institution
Compiler: Beijing Miyun District People's Court Xu Xiuli
275. Antaiji (Beijing) Biotechnology Co., Ltd. v. Yao Keqiang Labor Dispute Case
- Determination of Compensation Liability for the Employer's Losses Caused by Improper Performance of Workers
Compiled by: Liu Can, Mao Xitong, People's Court of Daxing District, Beijing_ p3p
276． Fujian Dabeinong Aquatic Technology Co., Ltd. v. Liu Zhangping, Huang Juan, etc., a sales contract dispute case
——Judicial determination and legal consequences of debt joining
Compiler: Yao Ruoxian, Intermediate People's Court of Zhangzhou City, Fujian Province
277 ． Wu Guorong, Xia Cuiying v. Lu Zhipeng, Hu Cui, etc. Disputes over Confirmation of Invalidity of Contracts
- Determination of the Validity of the Sale and Purchase Contract for the Lender to Sell the Mortgage House with the Notary Certificate of Entrusted House Sale
Compiler: Intermediate People of Hefei City, Anhui Province Court Liu Fuxing
278. Chen Guoting v. Yuyao Zhonglianghong Real Estate Co., Ltd., a case of dispute over a commercial housing sales contract
——The impact of the adjustment of the valuation tax rate on the fixed total price contract
Compiled by: He Yi, Cheng Yin, People's Court of Yuyao City, Zhejiang Province_ p3p
2 79 ． Harbin Branch of China CITIC Bank Co., Ltd. Case of Objection by Outsiders
——The Choice of Handling Mode and Judgment Criteria for the Objection of Margin Execution
Compiler: Beijing High People's Court Liu Xufeng
280． Jinshi Shangju Yipin Community Owners Committee v. Hunan Hengtuo Real Estate Co., Ltd. and Changde City Financial Property Service Co., Ltd. Case of Restoration
——Single or partial co-owners (owners) can exercise control over the co-owned parts in the property management area 281. The passive defense lawsuit
Compiler: Pang Fang, People's Court of Jin City, Hunan Province
281． Yang Juwu v. Huang Guosheng, the Dispute on Elimination of Obstruction
——A discussion on whether individual co-owners can exercise their right of action independently
Compiled by: Guangzhou Intermediate People's Court Chen Shushu, Xie Peijun
282． Zhao Weifeng v. Shanghai Tangxun Trading Co., Ltd., Shanghai Jiaguang-Osto Optics Co., Ltd. Case of Right to Life Dispute
- Handling of Disputes over Voluntary Workers Compensation in the Case of Multiple Helped Workers
Compiler: Jiading, Shanghai District People's Court Ye Xun, Sun Xinyuan
283. Pan Yujun v. Dandong Huachen Zhongji Real Estate Development Co., Ltd., Zou Ping and the third party Lin Weihua The case of third party revocation
——The determination of the qualification of the plaintiff and whether it damages the plaintiff's civil rights_ p3p
Compiler: Wang Keding, People's Court of Zhen'an District, Dandong City, Liaoning Province
284． Jiakelai Supermarket in Danbei Town, Danyang City v. Danyang Xinhong Commercial Management Co., Ltd. and Danyang Nanxiong Real Estate Development Co., Ltd. in the case of housing lease contract
——Qualification of the fire fighting compulsory licensing procedure in the commercial housing lease contract
Writer : Qian Dongsheng, People's Court of Danyang City, Jiangsu Province
285. Shanghai Feihu Network Technology Co., Ltd. v. Guangzhou Baiji Network Technology Co., Ltd. and other copyright ownership and infringement disputes
286 ． Xu Moumou v. Wu Yuliang, Xu Xuefang Disputes over Health Rights and Body Rights
- Determination of Liability for Tattoo Infringement by Minors
Compiler: Zheng Yijun, Intermediate People's Court of Quzhou City, Zhejiang Province
287. Wang Yingming v. Wang Hua et al. Motor vehicle traffic accident liability disputes
——How the insurance company should bear the liability for compensation caused by the passenger opening the door Gonghe Real Estate Development (Beijing) Co., Ltd. v. Beijing Shengtejiye Technology and Trade Co., Ltd., Tianjin Leading Holding Group Co., Ltd. Case of a Dispute over a House Sale and Purchase Contract
- Determination of Legal or Factual Impossibility
Compiler: Beijing Higher People's Court Wang Ming
289. Li Li v. Wang Xiurong Gift Contract Dispute Case
- Determination of the Time of House Ownership Transfer in Rural Demolition
Compiler: Wan Lihong, People's Court of Pinggu District, Beijing
290． Zhuang Jinfeng, Wu Qingfeng and Zhuang Yongjin, Lin Meihua's house sale contract dispute case
- Determination of compensation and resettlement rights for house expropriation and demolition
Compiled by: Lin Shanhong, Wei Wei, People's Court of Anxi County, Fujian Province
291 . Jiuquan Huihuang Construction Machinery Co., Ltd. v. Zhao Zhixiong Dispute over a Sale and Purchase Contract
——Analysis and Determination of the Execution Effect of Notarized Creditor's Rights Document
Compiler: Wang Hongjuan, Higher People's Court of Gansu Province
292． Gao Zhencai v. Huainan Mining (Group) Co., Ltd. Coal Preparation Branch, Huainan Mining (Group) Co., Ltd. Labor Dispute Case
——The principle of rationality of labor rules and regulations
Compiler: Tianjia'an District, Huainan City, Anhui Province People's Court Li Zeyu
293. Li Jin v. China Resources Land (Chongqing) Co., Ltd. Case of Environmental Pollution Liability Dispute
- Fact Finding and Liability in a Light Radiation Pollution Case
Compiler: Ran Chonggao, Fifth Intermediate People's Court of Chongqing
Chongqing Jiangjin District People's Court Zhu Rui
294. Suzhou Boyang Textile Co., Ltd. v. Li Shaochen Labor Dispute Case
- Consideration of Competitiveness and Relief of Disability Allowance and Wages
Compiler: Shi Jingyi, People's Court of Yongqiao District, Suzhou City, Anhui Province
295 ． Shen Minghui and Wuhan Ebao Automobile Sales Co., Ltd. Auto Sales Contract Dispute Case
- Determination of whether the sale of vehicles with defective quality constitutes consumer fraud
Compiler: Hubei Higher People's Court Zhang Lexi
296. Yang Wei v. Shenyang Vanke Jinyu Xijun Real Estate Development Co., Ltd., a case of dispute over a commercial housing sales contract
- Liability for breach of contract due to shrinking land use period
Compiled by: Wang Mingzhu, People's Court of Tiexi District, Shenyang City, Liaoning Province
Tian Zhen, Intermediate People's Court of Shenyang City, Liaoning Province
297． Yu Shanjun v. Yu Xinli, Dubang Property Insurance Co., Ltd. Shenyang Central Branch and other motor vehicle traffic accident liability disputes
- Determination of Liability for Lifting Vehicle Injury in Motor Vehicle Traffic Accidents
Zhou Nannan, People's Court of Yuanbao District, Dandong City, Liaoning Province
298． Chu Xiaoying and Wang Huai v. Wang Yejun, the case of disputes over the allocation of compensation fees for expropriation of contracted land
- Qualification of the right holder for the allocation of compensation fees for expropriation of contracted land
Compiled by: Cheng Canling, Guo Jun, People's Court of Yuexi County, Anhui Province
299 ． Yuan Dagu et al. v. Fujian Longyan Rural Commercial Bank Co., Ltd. Yanshi Sub-branch, a case of disputes over savings deposit contracts District People's Court Wei Guocai, Hu Jinbi
300． Xinjiang Junhao Wuwutongcheng Real Estate Development Co., Ltd. v. Ma Shanghong and Li Li, a case of dispute over a sales contract
- Determination of the nature and validity of a down payment loan agreement in the sale of commercial housing Corps Branch Li Dashuang
301． People's Government of Wujia Town, Panshan County and Panjin Jindong Chemical Co., Ltd., Panshan County Land and Resources Bureau, Panshan County Land Reserve Trading Center Contract Dispute Case Compiler: Liaoning Province Liaohe Intermediate People's Court Wu Yuequn
302． Chen Laiyou et al. v. Chen Jing et al., a case concerning disputes over the liability for victims of labor providers
- Determination of employment relationship in an individual partnership
Compiled by: Yan Yongchun, Xie Kaige, People's Court of Shishi City, Fujian Province
303. Han Yue v. Beijing Academy of Performing Arts Labor Dispute Case
—— Whether college students can establish labor relations with employers
Compiler: Gao Linlin, People's Court of Changping District, Beijing
304. Hong Kong Haoxin Investment Co., Ltd. v. Fuzhou Chemical Paint Factory, a case of dispute over confirmation of contract validity
——Qualification of withdrawal of compulsory liquidation application
Compiler: Lin Zhiyuan, Fuzhou Intermediate People's Court, Fujian Province
305. Liang Qinghe v. Zhan Zhizhong, Zhan Zixu and other construction project construction contracts
- Determination of the main body qualifications of the ancestral hall and its council
Prepared by: Shi Chunzai, People's Court of Tong'an District, Xiamen City, Fujian Province
306. Wang Yunping v. Cai Weitian and other construction project construction contracts
——The legal liability of an unregistered organization should be borne by the actor
Compiler: Li Nina, People's Court of Shishi City, Fujian Province
307. Zhang Yongheng v. Lai Chuansi, Fujian Jinyuan Construction Engineering Co., Ltd. Housing Sales Contract Case
——The problem of housing sales caused by the real estate purchase restriction and prohibition policy
Compiler: Hong Xinmin, People's Court of Jinjiang City, Fujian Province_ p3p
308． Lin Huiying v. Cai Guoying and Wu Zilong Dispute Case of Dispute over the Execution of Distribution Plans
——The non-creditor’s recovery of the husband and wife’s joint debts in the execution procedure is recognized as the basis for participating in the distribution
Compiled by: Intermediate People of Nanping City, Fujian Province Court Cao Yingying
309． An Jun v. Defendant Government of Suzhou Town, Dunhuang City, Gansu Ninth Construction Group Company, etc. Contract Dispute Case
- Determination of Liability of Labor Subcontracting Actual Construction Workers for Payment of Labor Fee
Compiler: Dunhuang, Gansu Province Duan Jianjun, Municipal People's Court
310． Guangdong Yuecai Asset Management Co., Ltd.'s application for reconsideration
——Whether there is a conflict between the mortgagee's priority in repayment and the court's seizure of the yields of the mortgaged property
Prepared by: Zhuang Xuyi, Wu Mingchun, Guangdong Higher People's Court
311 . People's Procuratorate of Jinyun County, Zhejiang Province v. Fu Caiwei, Civil Public Interest Litigation on Environmental Pollution Liability Disputes
——The Problem of Labor Service Compensation in Ecological Restoration
Compiled by: Lishui City Intermediate People's Court of Zhejiang Province Chen Junru, Nie Weijie
312. Quzhou Hongxing Electric Co., Ltd. v. Zhejiang Wanxia Construction Co., Ltd., He Kesheng, Changshan County Lanke Building Materials Co., Ltd. Mortgage Contract Dispute Case
- Whether the interest paid by the debtor in excess of the interest rate agreed in the guarantee contract can be borne by the guarantor Deductions in Guarantee Liability
Compiler: Fang Yuan, Intermediate People's Court of Quzhou City, Zhejiang Province
313． Ge Liming v. Sun Yan Divorce Dispute Case
- Determination and Dissolution of Parenting and Educational Relationship Between Stepfather (Mother) Children
Compiler: Chongqing Yubei District People's Court He Tong
314． Liu Li's application for enforcement of the labor arbitration award of Shanghai Chidang Furniture Co., Ltd.
- Shareholders who have not yet reached the subscription period shall be liable for supplementary repayment of labor debts owed by the company that cannot be enforced
Compiler: People of Baoshan District, Shanghai Court Xu Ziliang
315． Li Yongshun v. Li Zhifeng, the case of a motor vehicle traffic accident liability dispute between the Qin'an branch company of the People's Insurance Company of China - Comprehensive judgment on whether there is a causal relationship between the injuring act and the damage result
Compiler: Qin'an County People's Court of Gansu Province Shao Wenxia
316． Li Jideng v. Zhengzhou Zhizhong Automation Technology Co., Ltd. Dissolution Dispute Case
- Determination of Company Deadlock in Company Dissolution Disputes
Compiled by: Zhengzhou City Intermediate People's Court, Henan Province Ouyang Mei, Wang Mingzhen
317． Shang Mingong, Hong Huixian, etc. v. Li Lifen, Shang Hongwen Voluntary Help Workers Victim Liability Dispute Case
——Families and friends who help production and operation based on moral feelings and other factors can be identified as volunteer helpers
Compiler: Kunming, Yunnan Province City Intermediate People's Court Yao Dan
318. Shen Junming v. China Telecom Group Yingkou Branch, a dispute over a telecommunications service contract
——The mobile phone number can also be replaced without real-name registration
Writer: Li Xiaoyan, People's Court of Zhanqian District, Yingkou City, Liaoning Province
319 ． Shi Zhaohua et al. Environmental Pollution Case
——If a place is provided to the polluter,Constitute the crime of environmental pollution, and jointly and severally compensate the direct polluter for environmental pollution damage
Compiler: Rugao City People's Court of Jiangsu Province Zhang Xian
320. Chen Changming v. Ma'anshan City Huashan District Huilin Supermarket Product Seller Liability Case
- Slight defects in food labels do not necessarily apply punitive damages
Compiled by: Jin Lei, Chen Man, Intermediate People's Court of Ma'anshan City, Anhui Province
321． Yan Mingjun v. Yunnan Dongte Automobile Sales and Service Co., Ltd., China CITIC Bank Co., Ltd. Kunming Nanya Sub-branch and other disputes over the return of originals 322．The right to request the vehicle certificate in real thing
Compiler: He Yonglun, Intermediate People's Court of Kunming City, Yunnan Province
322． Gu Yanqun v. Wan Chuanjian and other motor vehicle traffic accident liability disputes
- Determination of "total annual compensation" when the victim has multiple dependents
Compiler: Chongqing No. 1 Intermediate People's Court Yongxiong, Yang Hongping
323． Baiyun Sub-branch of China Merchants Bank and others v. Cinda Company and Wuyang Company over objection to the execution of the distribution plan
——The principle of non-applicability of the executor is an enterprise legal person and the court has accepted bankruptcy and liquidation
Compiler: Guangzhou, Guangdong Province Municipal Intermediate People's Court Zhang Yiyang, Wan Fang
324. Gao Feng v. Wuhu Zhongshan Technology Co., Ltd. Labor Dispute Dispute Case
- Determination of Medical Expenses Exceeding the Scope of Work Injury Insurance
Compiler: Tang Lina, People's Court of Wuhu Economic and Technological Development Zone, Anhui Province
325. Zhang Fenghua, Liu Lianjun, etc. v. Luquan Immigration Bureau, Water Affairs Bureau, etc. violated safety protection obligations dispute case
——The safety protection obligations of public place managers should be determined in light of their scope of responsibilities and the reasonable preventive measures taken
Compilers: Zhu Huan, Huang Pei, Intermediate People's Court of Kunming City, Yunnan Province
326． Liu Guoming and Huang Xiaohuan's Criminal Penalty Execution Reconsideration Case
——The objection of an outsider in the execution of property penalty cannot be examined only on the basis of the appearance of rights
Prepared by: Guangdong Higher People's Court Jiang Xianhua
327． Dingyuan County Zhangang School v. China Ping An Property Insurance Co., Ltd. Chuzhou Central Branch Insurance Dispute Case
——Whether the school's liability insurance compensates for the casualties of boarders on the way to and from school
Compiler: Zhang Qian, Intermediate People's Court of Chuzhou City, Anhui Province
328． Subei County Baoxin Mining Co., Ltd. and Gao Jiajun's contract dispute case
- Determination of mining rights contract
Compiler: Gansu Mining District People's Court Wang Hailin
329. Ma Lin v. Li Hongfei, Gansu Yinlun Commerce and Logistics Co., Ltd. Baiyin Branch and other motor vehicle traffic accident liability disputes
- Determination of liability for vehicle outage losses
Compiled by: Wang Shukai, Wuwei Railway Transportation Court
330． Villagers Committee of Sanzhai Village, Xintian Town, Minle County v. Liu Shixiang and Li Wenju, the case of dispute over compensation for expropriation of contracted land
- Distribution of compensation for expropriation of rural collective land
Compiled by: Zhang Zihua and Li Guangmei, People's Court of Minle County, Gansu Province
331． Yu Liqun v. Yao Furong, Case of Dispute over Rural House Sales Contract
——Judicial Response to Disputes over Rural House Sales Contract Involving Demolition
Compiler: Zhang Hao, People's Court of Yuhang District, Hangzhou City, Zhejiang Province
332． Dong Zehua and Zhang Qunfang v. Tan Xueqin Dispute on Visitation Rights
——The intergenerational visitation rights of elderly people who have lost their only child should be supported
Compiler: Chongqing Yuzhong District People's Court Zhang Leyue
333． Zhang Shengli v. Xi'an Yide Trading Co., Ltd., Wu Dehong, etc. Contract Dispute Enforcement Case
- Can the Gold Trading Seat Be Enforceable
Compiled by: Gao Wei, Niu Jingqi, Intermediate People's Court of Xi'an, Shaanxi Province
334． Liu Zhiyuan v. Zhang Xingchuan et al. Disputes over the right of recourse
—— Can the accomplice exercise the right of recourse after criminal compensation
Compiler: Yao Kunlin, People's Court of Banan District, Chongqing
335． Ma Guanghua and Longzhun v. Chongqing Sichuan Opera House for Copyright Infringement Dispute
- Legal Interpretation of Article 16 of the Copyright Law
Compiler: Chongqing No. 1 Intermediate People's Court Zhou Ying
336． Wang Huanhuan v. Zhu Wenju, Pingdingshan Branch of PICC Property and Casualty Co., Ltd. and other motor vehicle traffic accident liability disputes
——The nature of the ride-hailing and determination of insurance compensation
Compiled by: Intermediate People of Xuchang City, Henan Province Court Chen Gaina, Li Rui
337． Zheng Zhijun v. Ma Guoxin, an online shopping contract dispute case
——Consider the balance of the interests of all parties in the online food transaction
Compiled by: Shanghai No. 1 Intermediate People's Court Mao Haibo, Liang Chunxia
338． Yingkou Economic and Technological Development Zone Huajun Small Loan Co., Ltd. v. Yabang Investment Holding Group Co., Ltd., Changzhou Guanghui Chemical Co., Ltd., Jiangsu Yabang Pharmaceutical Group Co., Ltd. (Case of Dispute over Loan Contract) Analysis of Contract Healing
Compiler: Jia Lin, Intermediate People's Court of Yingkou City, Liaoning Province
339． Beijing Kylin Tiancheng Asset Management Co., Ltd. v. An Jingbo Labor Dispute Case
——“Strict Entry and Strict Exit” or “Easy Entry and Strict Exit”: Criteria for Determination of Conditions for Termination of Labor Contract Probation Period
Compiler: Beijing City Dongcheng District People's Court Li Yanhong
340． Zhang Zhichun v. Xiamen Jingdong Donghe Trading Co., Ltd. and Zhuhai Gree Electric Appliances Co., Ltd. in an online shopping contract dispute case
——The allocation of the burden of proof on the problem of excessive air-conditioning noise and the determination of whether it constitutes fraud
Compiler: Fujian Province Zhang Chenwei, People's Court of Haicang District, Xiamen City
341． Jiaxiang Phoenix City Real Estate Co., Ltd. Execution Objection Case
——The resolution of the shareholders' meeting to rescind the shareholder qualification of the person subject to execution or the judgment of the court to rescind the shareholder qualification,Can't resist the enforcement of the people's court
Compiler: Wang Jing of the Higher People's Court of Henan Province
342． Pan Zhisheng, Lin Jie v. Ye Fujun, Xiamen Progress Financial Technology Service Co., Ltd., etc. Disputes over Confirmation of Invalidity of Contracts
——The trustee and a third party colluded with a third party to dispose of the client's property in bad faith
Writer: Shunchang, Fujian Province County People's Court He Yuan, Yu Zhouhuan
343． Beijing iQIYI Technology Co., Ltd. v. Kunming Radio and Television Network Co., Ltd. Case of Infringement of Work Information Network Dissemination Right
- Determination of the nature of the "review" function of TV set-top boxes
Compiler: Zheng Tianzhu, Higher People's Court of Yunnan Province_ p3p
344． Luo Mingxu v. China Eastern Airlines Yunnan Branch and China Eastern Airlines Yunnan Company Labor Dispute Case
- Determination of Pilot's Resignation Liquidated Damages and Qualitative Flight Technical Files
Compiled by: Lu Xu and Li Fang, People's Court of Guandu District, Kunming City, Yunnan Province
345． Chen Yan v. The Second Affiliated Hospital of Wenzhou Medical University and Wenzhou Medical University Affiliated Nursing and Children's Hospital Medical Service Contract Dispute Case
- After the death of the husband, does the wife have the right to request the continued performance of embryo transfer
Compiler: Zhejiang Sun Xiaolin, People's Court of Lucheng District, Wenzhou City, Province
346． Xu Ali v. Yang Zhiping, Shanghai Lazars Information Technology Co., Ltd. Motor Vehicle Traffic Accident Case
——Takeaway platform rider's liability for infringement
Compiler: Chongqing Yubei District People's Court Wang Xiaole
347. The Villagers Committee of Tianli, Houlong Town, Quangang District v. Chen Shaohai, a case concerning the dispute over the return of the original property
——“The old man” refused to hand over the official seal and the “new man” could not rely on it?
Compiler: Guo Wenbo, People's Court of Quangang District, Quanzhou City, Fujian Province
348． Zhou Fulian v. Zhang Tenggen, China Life Property & Casualty Insurance Co., Ltd. Xinyu Central Branch and other motor vehicle traffic accident liability disputes
——Identification, validity and regulation of implicit exemption clauses in insurance contracts
Compiler: Jiangxi Provincial Higher People's Court Gong Xuelin
349． Xia Chaochen v. Liu Yali, Zhengzhou Zhongmu County Agriculture, Forestry and Animal Husbandry Development Co., Ltd. Case of Dispute over Loan Contract
——Criteria for Determination of Eligible Subjects in a Third Party Revocation Action
Compiler: Yang Jinghui, People's Court of Zhongmu County, Henan Province
Ouyang Mei, Intermediate People's Court of Zhengzhou City, Henan Province
350． Sun Genu et al. v. Xu Guangdong, Mozhihua Company, and Pacific Property Insurance Yancheng Sub-branch Company in a Motor Vehicle Traffic Accident Liability Dispute Case
——The employer's vehicle causes "work-related injury" on the way, and there is no overlapping liability for compensation
Writer : Yang Xixi, Intermediate People's Court of Yancheng City, Jiangsu Province
351. Qin Deshou v. Li Gongliang, Wang Guangrong and Other Third Party Revocation Case
- Determination of Plaintiff's "Legal Interest" in Third Party Revocation Action
Compiler: Huashan District People's Court, Ma'anshan City, Anhui Province Du Qian
352． Wang Yuanzhi v. Shihezi City Nongfeng Seed Industry Co., Ltd., Gao Shenghua Sales Contract Dispute Case
- Examination and Determination of Appraisal Opinions with Defects in Relevance and Objectivity
Compiler: Intermediate Level, Eighth Division, Xinjiang Production and Construction Corps People's Court Wang Deshun, Zhao Chunhua
353． Zhou Neng Chuan v. Yang Jinbao's Partnership Agreement Dispute Case
- Definition of Other Obstacles in the Reasons for Suspension of Limitation of Action
Compiler: Zhang Ping, Intermediate People's Court of Wuhu City, Anhui Province
354． Anhui Haorun Real Estate Co., Ltd. v. Shou County Bureau of Land and Resources for a contract dispute case
- Determination of fraud and obvious unfairness in civil legal acts
Compiler: Yao Duosheng, Intermediate People's Court of Huainan City, Anhui Province
355． Li Lijuan v. Zuo Liang Civil Lending Dispute Case
——The Application of High Probability Proof Standard in Private Lending Cases
Compiler: Yu Haibo, Intermediate People's Court of Hefei City, Anhui Province
356． Yang Jieyuan, Li Yonghong v. Kunming First People's Hospital, Kunming Jinbaili Funeral Co., Ltd. Personality Right Dispute Case
- Compensation method for mental damage caused by damage to non-material personality interests
Compiler: Yunnan Province Qi Yidan, People's Court of Panlong District, Kunming City
357． Miao Shengliang v. Ningbo Haina Baichuan Hotel Co., Ltd. Case of Work Injury Insurance Benefits
——Assume responsibility for new work injury insurance benefits for long-term complications of the original work injury
Compiler: Zhou Qinna, People's Court of Jiangbei District, Ningbo City, Zhejiang Province
358. Xia Xinlong and Zhongsheng Company, Zhongsheng Company Fenglingdu Branch,The third party in the original trial, Fu Yongyun, Fenglingdu Land Branch, etc., confirmed the invalidity of the contract case
——After the contract involving performance to the third party is confirmed to be invalid, can the parties request the third party to return the property or the discounted value obtained by the contract Compensation
Compiler: Wang Qixuan of the Higher People's Court of Shaanxi Province
359． Bank of Qinghai Co., Ltd., Huayuan North Street Sub-branch of Bank of Qinghai Co., Ltd., and Zhu Zhixiong and Zhu Hongqiang Dispute over unjust enrichment
——The act of depositing a loan in another person's account and withdrawing it without the depositor's consent is an unjust enrichment Return
Compiler: Yu Huiling of Qinghai Provincial Higher People's Court
360． Guangzhou Huya Information Technology Co., Ltd. v. Jiang Haitao, a dispute over a network service contract
——“The first person in the glory of the king” compensated ten million for breach of contract and quitting another job
Compiled by: Guangzhou Intermediate People’s Court Zhang Zhaohui, Luo Yongjuan
361． Li Meirong v. Guangzhou Times Property Management Co., Ltd., Zhuhai Yuanda Real Estate Co., Ltd., Zhuhai Tangjiaxueyuan Food Hall Tort Liability Dispute Case
- Determination of Liability for Damage Caused by Iron Gates Suspected in the Community
Ai Xinxin, Intermediate People's Court of Zhuhai City, Guangdong Province
362． Dai Min v. Sichuan Jingdian Shenzhong Automobile Sales and Service Co., Ltd. and Chishui Jinshun Automobile Trading Co., Ltd. in the case of a sales contract dispute
——The allocation of the burden of proof of the essential facts in the automobile sales fraud case
Writer: Guizhou Provincial Zunyi Intermediate People's Court trillion
363． Huo Jianjun and Zhai Dongmei v. Zhengzhou City Changzhuang Reservoir Management Office: Liability Dispute of Public Place Managers
- Determination of Safety Guarantee Obligations of Public Place Managers
Compiled by: Ouyang Mei, Intermediate People's Court of Zhengzhou City, Henan Province
．Wang Nan, People's Court of Zhongyuan District, Zhengzhou City, Henan Province
3 64 ． Appellant Guo Guanglong and appellee Liaoning Renhe Xintiandi Public Facility Management Co., Ltd. leasing contract dispute case
——Disputes over the transfer of the operation and use rights of underground shops and exploration of the way of judgment
Compiler: Shenyang, Liaoning Province Municipal Intermediate People's Court Jia Hongbin and Liu Bingqing
365． Plaintiff Fuzhou Beigang Scaffolding Leasing Co., Ltd. and defendant Fujian Rongyu Construction Engineering Co., Ltd. Construction Equipment Leasing Contract Case
- Force Majeure Applicable
Compiler: Liu Yafang, People's Court of Jin'an District, Fuzhou City, Fujian Province
366． Chen Youfu v. Huang Guorong et al., the case of exclusion of nuisance
——Whether it is necessary to review the validity of the contract for the act of occupying a parking space based on the contractual relationship
Compiler: Liu Jian'an, People's Court of Anxi County, Fujian Province
367． Cai Guangming v. Qingcheng County Mingzhu Real Estate Development Co., Ltd., a case of disputes over the sale and purchase contract of Gailong commercial housing County People's Court Wang Xiaoqiang
368． Henan Xinyang Installation Corporation v. Chongqing Industrial Equipment Installation Group Co., Ltd., Li Chunmeng and other private lending disputes
- The nature, effectiveness and responsibility determination of the actual constructor's external borrowing in the name of the project department during the construction process
Compiler: Li Dashuang, Branch of Production and Construction Corps of the Higher People's Court of Xinjiang Uygur Autonomous Region
369． Zheng Jia v. He Lisi, Yiwu Branch of the People's Insurance Company of China, and other motor vehicle traffic accident liability disputes
——On the separation of administrative liability and civil liability for traffic accidents
Compiler: Jinhua, Zhejiang Province Municipal Intermediate People's Court Ying Xiuliang
370． Chen Yan v. Xuancheng Tianchi Fire Protection Engineering Co., Ltd., Wang Changyi and other financial loan contract disputes application for enforcement
——If it is determined in the enforcement basis that multiple persons subject to enforcement have different payment obligations,Case Closing under the Coexistence of Various Performance Situations of the Person Subject to Enforcement
Compiler: Xia Zuzuo, Xuancheng Intermediate People's Court of Anhui Province
371. Taizhou Huangyan Yongjiang Technology Co., Ltd. Execution Objection Case
——The buyer's exercise of the right to cancel the auction request in the online judicial auction
Compiler: Jia Xiaoxiao, People's Court of Huangyan District, Taizhou City, Zhejiang Province
372 . Hua Xia Bank Co., Ltd. Nanchang Branch v. Wannian County Wenlong Industrial Co., Ltd., Jiangxi Wannianqing Cement Co., Ltd. and other financial loan contract disputes
——Civil Judgment Rules in Cross-Criminal and Civil Cases
Compiler: Jiangxi Provincial Higher People's Court Wu Yuping
3 73 ． Wang Yongping v. Xi'an Wantong Industry and Trade Co., Ltd. shareholder qualification confirmation dispute case
——The screening path of source evidence in shareholder qualification determination
Compiler: Shaanxi Higher People's Court Zhang Jie
374． Beijing Fuzhongda Pawn Co., Ltd. v. Niu Gen, Bai Huijun Pawn Dispute Case
——The handling rules of pawns after a pawn
Compiled by: Ge Hong, Jiang Yuan, Beijing Second Intermediate People's Court
375 . Ni Ruiying v. Fujian Province Fuqing City Dongmen Department Store Co., Ltd. Case of Dispute over Shareholders' Right to Know Tianjin CNMC International Trade Co., Ltd. v. Hongda International Trade Co., Ltd., Lin Chengen, a case of disputes over a contract for the sale of goods
——The scope of judicial review when the defendant in a Hong Kong-related civil case raises an objection by supervisor, and the “location of the arbitration institution” in the defect floating arbitration clause "Determination of
Compiler: Zhang Xin of Tianjin Higher People's Court
377. Tang Ying v. Shanghai Aoyi International Trade Co., Ltd., Mao Wenyan and other companies in the case of disputes over capital increase
——Treatment of the consequences of the failure of the company to increase the company's capital due to the unclear expression of shareholders' investment intention
Compiler: Shanghai No. 1 Intermediate People's Court Zheng Tianyi
378． China Merchants Bank Co., Ltd. Yixing Sub-branch v. China CITIC Bank Co., Ltd. Wuxi Branch and Jiangsu Jiangxu Foundry Group Co., Ltd. Dispute over the right of expropriation
- Determination of the priority of floating mortgage rights and ordinary mortgage rights in the case of competing deposits
Compiled by: Xu Bing, Chen Dijin, Wuxi Intermediate People's Court, Jiangsu Province
3 79 ． Meicai (Shanghai) Pigment Co., Ltd. v. Wuxi Rongmai Engineering Plastics Co., Ltd., and Jixing International Enterprise Co., Ltd., a case of dispute over a sales contract
——Foreign investors shall not be jointly and severally liable for the debts of a wholly foreign-owned enterprise
Compiled by: Zhang Hao, Intermediate People's Court of Wuxi City, Jiangsu Province
380． Shanghai Yongjiu Investment Management Partnership (Limited Partnership) v. Lu Xiaoqi, He Junyi and other companies in the case of disputes over capital increase
——Whether the debt of the gambling agreement is a joint debt of husband and wife
Compiler: Huang Jieting, Qingpu District People's Court, Shanghai
381． Shanghai Science and Technology Venture Capital Co., Ltd. v. Wang Zheng concerning the dispute over shareholder qualification confirmation
- Determination of the validity of the shareholder qualification for capital increase
Compiler: Shanghai Huangpu District People's Court Shen Lan
382. Zhongjing Industrial (Group) Co., Ltd. v. Anhui Wanxin Pawn Co., Ltd. for disputes related to the company
- Determination of shareholder qualification and record of internal shareholder matters
Prepared by: Zhang, Anhui Higher People's Court Red willow
383． RAMIT KUMAR GUPTA v. China Construction Bank Co., Ltd. Guangzhou Zhixin Road Sub-branch Debit Card Dispute Case
- Determination of Liability in the Case of Bank Card Theft under Password-Free Payment
Compiler: Yuexiu, Guangzhou City, Guangdong Province District People's Court Ouyang Fusheng, Xie Mengying
384． Sovereign Honor Company's Application for Establishing a Liability Limitation Fund for Oil Pollution Damage
——The Handling of the Party's Application for Establishing a Liability Limitation Fund for Oil Pollution Damage
Compiler: Ningbo Maritime Court, Zhejiang Province Wu Yongqi
385. Tokio Marine & Nichido Fire Insurance (China) Co., Ltd. Shanghai Branch and Xinjie Logistics Group Co., Ltd. Insurer's Subrogation Dispute Case
——In the case of co-occurrence of liability,Trial Thinking of Contract Defense in Tort Litigation
Compiled by: Shanghai No. 2 Intermediate People's Court Rong Xuelei, Bai Jinlin
386 ． Suzhou Branch of PICC Property and Casualty Co., Ltd. v. Defendant Shanghai Rui Information Technology Co., Ltd. Insurance Contract Dispute Case - Insurance premiums within the grace period of a life insurance contract cannot be directly claimed through litigation
Writer: Pudong, Shanghai New District People's Court Tong Lei
387． Qian Danping v. Wuxi Zhangjing Experimental Primary School, Zhou Guojun, etc. in the case of liquidation liability disputes
——The legal value theory in the civil liability system of liquidation obligations
Written by: Wu Xiugui, People's Court of Xishan District, Wuxi City, Jiangsu Province_ p3p
388． Taizhou Detong Electric Co., Ltd. v. Western United Holdings Co., Ltd. and Western Media Co., Ltd., a case of disputes over the liability of shareholders for damage to the interests of creditors of the company Court Zhou Yan
389． Huang Furong v. Taizhou Huahai Shipping Co., Ltd. and Other Cases Case of Objection to Execution by Outsiders
——The Standard of Proof of Ownership of the Action of Objection to Execution and the Confrontational Effect of False Registration of Ownership
Compiler: Wu Yongqi, Ningbo Maritime Court, Zhejiang Province , Xiao Lin
390． Nanyang Properties (Nanjing) Co., Ltd. Application for Confirmation of the Validity of an Arbitration Agreement
- Determination of the Expansion of the Validity of an Arbitration Agreement Prepared by: Gui Yan, Nanjing Intermediate People's Court, Jiangsu Province
391. Jiang Hong v. Wuxi Bao Shilong Automobile Sales and Service Co., Ltd. Fengxiang Branch, Wuxi Bao Shilong Automobile Sales and Service Co., Ltd. Property Damage Compensation Disputes Prepared by: Xu Yingying, Intermediate People's Court of Wuxi City, Jiangsu Province
392. Beijing Fangde Lianchuang Environmental Protection Technology Co., Ltd. v. Qujing Yinfa Hazardous Waste Centralized Disposal Center Co., Ltd. Case of Dispute over Sale and Purchase Contract
——The liability for quality defect guarantee should be regarded as a relatively independent processing unit in the liability for breach of contract
Writer : Zhao Zhao, Kang Li, People's Court of Fengtai District, Beijing
393． Derun Financial Leasing Co., Ltd. v. Guizhou Zhongzhicheng Machinery Equipment Co., Ltd., Luxide Construction Machinery Co., Ltd. and other financial leasing contract disputes
——The conditions, methods and legal consequences of the termination of the financial leasing contract
writer : Li Axia of Tianjin Higher People's Court
394． Xingya Logistics (Shanghai) Co., Ltd. Lianyungang Branch v. People's Insurance Company of China, Lianyungang Branch, Marine Insurance Contract Dispute Case
——Determination of Termination of Insurance Liability Period in PICC "Warehouse-to-Warehouse Clause"
Compiler: Zhang Hong, Shanghai Maritime Court
395. Zhang Mouxing's case of smuggling ordinary goods
——How to determine the taxable price of smuggled goods whose transaction price cannot be verified
Compiler: Heilongjiang Province High People's Court Sun Xueshi
396． The Case of Tang Xinghua, Zhang Qiuhua, and Zhang Jianhua Disrupting the Court Order
——How to Objectively Identify the Disturbing Court Order
Compiled by: Ma Weiqin, Tang Jingyu, People's Court of Pinghu City, Zhejiang Province
397． Lin Erlian's Child Molester Case
——Review and Judgment of Evidence in the Case of Sexual Abuse of Children
Compiled by: Nan Lingzhi, Zhan Zhihao, Wenzhou Intermediate People's Court, Zhejiang Province
398． Defendant Shen Mulan's crime of theft
- Qualitative analysis of unauthorized misappropriation of funds in bank cards lent to others by means of loss reporting
Compiled by: Mi Shifeng, Liu Lei, Songjiang District People's Court, Shanghai
399. Liu Weigang's Illegal Fishing of Aquatic Products Criminal Incidental Civil Public Interest Litigation
——Analysis and Determination of "Public Interest" Damage in the Case of Ecological Damage
Prepared by: Zhu Minjun, People's Court of Huizhou District, Huangshan City, Anhui Province
400． Hu Jian's Theft Case
——The retrieval of the "collateralized property" by a person without the right to dispose of it does not constitute the crime of theft
Compiler: Pan Chengpeng, Xuancheng Intermediate People's Court, Anhui Province
401. Hualu (Wuhu) Phase I Equity Investment Fund (Limited Partnership) v. Ding Yihang, Lu Hua, etc. on the dispute over capital increase Benevolence
402． Puchangfu Traffic Accident Crime
——Injury caused by third party infringement,Whether it is possible to obtain civil compensation and work-related injury insurance compensation at the same time
Compiled by: Zhou Ying, Yan Ling, People's Court of Xuan'en County, Hubei Province
403． Tang Ruiqing, Li Yuanying, etc. Selling Commodities with Counterfeit Registered Trademarks
- Determination of Re-sale of Buying High-priced Liquor Bottles
Compiler: Yang Guifeng, Intermediate People's Court of Zhuzhou City, Hunan Province
404. The Extortion Case of Lin Dongliang and Other 5 Persons
——How to Accurately Identify the Evil Forces Who Use Information Networks to Violate Crimes
Compiled by: Xu Youde, Higher People's Court of Hunan Province
405. Wang Qinghua's Theft Case
——Understanding and Grasping the Procuratorial Organs' Principle of Humility in the Criminal Retrial Protest
Compiled by: Liu Haihong, People's Court of Linzi District, Zibo City, Shandong Province
Rong Ming, Intermediate People's Court of Zibo City, Shandong Province Xiao
406． Pan Yutao's case of corruption and bribery and confiscation of illegal income
——Proof standard and judicial determination of illegal income
Compiler: Zhou Pengfei, Intermediate People's Court of Shangluo City, Shaanxi Province
407. Qin Fu's Bribery, Private Division of State-Owned Assets, and Corruption Cases
- Determination of "Investment and Shareholding" Bribery
Compiled by: People's Court of Keqiao District, Shaoxing City, Zhejiang Province Chen Li, Wang Weiliang
408. Jinyun Rape Case
——The Rules and Application of Indirect Evidence Finalization
Compiler: Tian Wenjun, People's Court of Shapingba District, Chongqing
409. Ran Qiyi's Theft Case
——Stealing huge sums of money stored by friends in his own safe constitutes the crime of theft rather than embezzlement, and the consideration of rationality in sentencing
Compiler: Chongqing Second Intermediate People's Court Sui Oli
410． Zhang Lijun and others illegally making guns, picking quarrels and provoking trouble
——picking quarrels and provoking trouble to obstruct others' elections can be negatively regarded as evil forces
Compiled by: Sun Yongqiang, People's Court of Fengtai County, Anhui Province
Intermediate People's Court of Huainan City, Anhui Province Li Zhaojie
411． Wang Guomin's case of transporting drugs
- Determination of the perpetrator's "subjective knowledge" during the trial of a drug crime case
Compilers: Huang Jian, Li Xiaohong, Guangzhou Intermediate People's Court
412. Qin Jiaxue's Deforestation Case
——The Procuratorate's Civil Public Interest Litigation for the Responsibilities of Those Who Destroyed Their Own Contracted Forests to Restore Their Original Status Autonomous Prefecture Intermediate People's Court Hu Jihou, Tang Bin
413. Inner Mongolia Nairn Group Co., Ltd., the defendant in the original trial, and Guo Zhanchun, the defendant in the original trial, in the bribery case
——How should the entity return the loan to the bank on schedule with a false sales contract and real mortgage
Compiler: Bayan, Inner Mongolia Autonomous Region Naoer City Intermediate People's Court Wu Rina
414． Deng Shengke and Tao Zujia Illegal Acquisition of Precious and Endangered Wildlife Products
- Determination of Damage Amount under the Conflict of New and Old Laws in Criminal Incidental Civil Public Interest Litigation in Environmental Resource Cases
Compiled by: Zhang Zhiwei, Jinniu District People's Court, Chengdu City, Sichuan Province, Ye Xiao
415． Lu Yuanming and Lu Anqiang's crime of obstructing public affairs
- Judicial determination of the substantial legality of administrative acts
Compiler: Yunnan Higher People's Court Liu Yi
416. Zhang Kun Theft Case
——Determination of the amount of theft of the pledged property transferred by the pledged creditor's right
Compiler: Ningbo Intermediate People's Court, Zhejiang Province Chen Jing
417. Zheng Kangsong provides programs and tools for intrusion and illegal control of computer information systems,Wang Wuxia's Computer Information System Destruction Case
——The act of only making and selling DD OS total software constitutes the crime of providing intrusion and illegal control of computer information system programs and tools
Compiler: Zhoushan Intermediate People's Court, Zhejiang Province Song Yinliang
418． Zhao Guoqing's Case of Stealing and Teaching Criminal Methods
- Legal Application of the Crime of Teaching Criminal Methods Using the Internet
Compiler: Shanghai No. 1 Intermediate People's Court Chen Bing
419. Case of Ma Tengfei's misappropriation of funds
——Qualification of the company's controlling shareholder and actual controller transferring the funds of the company to other companies invested by him
Prepared by: Sun Lianxiang, People's Court of Suixi County, Anhui Province
420. The case of Chen Haitao, Xu Hongxin and other organizations, leaders, and participation in underworld organizations
——The path of property disposal in underworld cases
Compiler: Beijing Second Intermediate People's Court Jin Changwei
421. Sun Yongwen's crime of accepting bribes and the crime of accepting bribes by a company
——On the determination of accepting bribes in the form of pre-dividends
Compiled by: Xiong Liuqing, Liang Dai, People's Court of Liunan District, Liuzhou City, Guangxi Zhuang Autonomous Region
422. Liu Yunfeng's Theft Case
——After the execution of the two punishments, the respective omissions and charges will be jointly prosecuted
Compiled by: Wang Juan, People's Court of Hengyang County, Hunan Province
423. Zuo Chengjun's Traffic Accident Case
——The Distinction between the Crime of Traffic Accident and the Crime of Endangering Public Safety by Dangerous Methods
Compiled by: Zhang Kai and Song Miaojun of Hubei Higher People's Court
424． Cao Zhisheng's Theft Case
——Whether the omission of repeat offenders can be evaluated as repeat offenders
Compiler: Li Qian, People's Court of Lingling District, Yongzhou City, Hunan Province
425. Guo Liying's Traffic Accident Case
——Admission of Two Appraisal Opinions with Contradictory Conclusions
Compiled by: People's Court of Jizhou District, Ji'an City, Jiangxi Province Zhang Xiaobo
426． Longmei Drug Trafficking Case
——The quantity of narcotic drug preparations and psychotropic drug preparations should be calculated according to their content
Compiler: Chongqing No. 1 Intermediate People's Court Du Wei
427. Duan Junhua's Theft Case
- Determination of Illegally Obtaining QR Codes for Payment by Others and Possessing Funds in Associated Bank Cards
Compiler: Shanghai No. 1 Intermediate People's Court Hu Jiantao
428. Fang Shuai's Appeal Case for Crime of Infringing Citizens' Personal Information
——Category Judgment and Quantity Determination Method of Citizens' Personal Information
Compiled by: Shanghai No. 1 Intermediate People's Court Chen Bing, Wang Qi
429. The Drug Trafficking and Transporting Case of Huang Sixin et al.
——The Application of Death Penalty and the Balance of Sentencing in Drug Cases
Compiler: Zhou Lidun, Higher People's Court of Hubei Province
430． Xu Wenfeng's case of misappropriation of public funds
——The early withdrawal of project funds in the form of "borrowing" cannot be regarded as "misappropriation" of public funds
Compiler: Li Jiaxin, Intermediate People's Court of Yiyang City, Hunan Province
431. The case of Liang Huanjiu and others opening a casino
- Can a higher-level people's procuratorate put forward a new opinion in support of a protest beyond the scope of a lower-level people's procuratorate's protest after the expiration of the protest period; assisting in providing fund payment and settlement services for the opening of a casino Whether the main culprit can be identified in the joint crime of
Compiled by: Cai Baogang, Gu Baicheng, Jiujiang City Intermediate People's Court, Jiangxi Province
432． Zhou Yan's Intentional Injury Case
- Determination of Defensive Intention and the Exclusion of Oral Evidence in Administrative Cases in Criminal Cases
Compiled by: Li Fan, He Lin, Changsha Intermediate People's Court, Hunan Province
433. Qi Zhaonan et al. v. Daishan County Market Supervision and Administration Administration for Industrial and Commercial Registration Case
- Legality Review of the Registration of "Residential Commercial" Individual Industrial and Commercial Households
Compiled by: Wang Weidong, Fang Yuan, Zhoushan Intermediate People's Court, Zhejiang Province
434． Wang Fenian v. Tongcheng Office of Housing Expropriation Management Office for the invalidation of the CPPCC resolution
- Judicial review of the lawsuit confirming the invalidity of the CPPCC resolution
Compiled by: Wang Yuqing, Intermediate People's Court of Anqing City, Anhui Province
435． Zhu Cuiqin v. Beijing Haidian District Health and Family Planning Commission, Beijing Haidian District People's Government and other reports and complaints and administrative reconsideration decisions
——Based on the identification and consideration of "guidance methods" in medical education practice_ p3p
Compilers: Ding Shaopeng, Zhang Chuncheng, Beijing No. 1 Intermediate People's Court
436． Zhou Guihua v. Nanchang Qingyunpu District Housing Security and Real Estate Administration for failing to implement the CPPCC motion
- How to review the validity of the CPPCC format clauses
Prepared by: Xiong, Intermediate Court of Nanchang Railway Transportation Jiaojiao, Liu Yuqing
437． Song Xianghui v. Dongxiang District People's Government of Fuzhou City, Fuzhou Municipal People's Government Non-Performance of Statutory Duties of Information Disclosure and Administrative Reconsideration Case
——Whether the joint document issued by the party and government organs belongs to the government Information Disclosure Case Trial The category should be analyzed and reviewed according to the actual situation
Compiler: Chen Hui, Intermediate People's Court of Fuzhou City, Jiangxi Province
Canadian New Horizon Co., Ltd. v. Tianjin Hexi District Market and Quality Supervision Administration for Revocation of Equity Pledge Registration Case
——The Burden of Proof of the Conditions of Prosecution Should a Foreign Company Bring an Administrative Litigation in China
Compiler: Fan Yi, People's Court of Hexi District, Tianjin
439． Fang Xuerong et al. v. Longyou County Bureau of Land and Resources Investigation and Punishment of Illegal Land Use Case
- Judgment of Actionability of Administrative Organs' Responses to Applications for Investigation and Punishment of Illegal Acts
Compiled by: Zhu Guiying, Intermediate People's Court of Quzhou City, Zhejiang Province
440． Yuan Wennian v. Zhoushan City Public Security Bureau Traffic Police Detachment Putuo Brigade Road Administrative Compulsory Case
——The collection of blood samples from drunk drivers by the traffic management department of the public security organ is a phased administrative act,Should not be included in the scope of administrative litigation alone
Compiled by: Zhou Jie, Fang Yuan, Zhoushan Intermediate People's Court, Zhejiang Province
441. Fu Wenxiong v. the People’s Government of Jiyang District, Sanya City, the Housing and Urban-Rural Development Bureau of Sanya City Jiyang District’s Implementation of the Expropriation and Compensation Agreement
- Judgment and Determination of the Membership of the Collective Economic Organization of the Migrant Villagers
Compilation Person: Liu Lihong, Higher People's Court of Hainan Province
442. Xiang Jun v. Wuhan University, the case of clearing electronic student registration information
——The removal of electronic registration information of students who do not meet the admission requirements is an error correction rather than an administrative punishment
Compiler: Hubei Higher People's Court Zhang Fulun
443． Wang Ping v. Civil Affairs Bureau of Qingyunpu District, Nanchang City, Case of Failure to Perform Administrative Error Correction Statutory Responsibilities
- Reasons and Conditions for Applying for Re-opening of Administrative Procedures
Compiler: Nanchang Railway Transportation Court Fang Ningxin
444. Sun Yunyun v. Yichun Traffic Police Force Administrative Punishment Case
- Untimely Handling of "Revocation of Driver's License" after Convicted of Traffic Accidents
Compiled by Huang Weijie and Yan Xiaoqin of Shanggao County People's Court of Jiangxi Province
445． Wu Bin v. Dongying City Kenli District Comprehensive Administrative Law Enforcement Bureau Construction Administrative Coercion Case
- Judicial Review of Administrative Coercion Execution Decisions
Prepared by: Dongying Intermediate People's Court of Shandong Province Zhang Xiaoli
446. Chengdu Taiheyuan Catering Management Co., Ltd. v. Chengdu Human Resources and Social Security Bureau, Chengdu Municipal People's Government, Dispute Case of Third Person Work Injury Recognition of a Flight Injury
- Recognition of Work Injury for Online Appointment under the New Business Format
Compilers: Li Gejun, Gao Wei, Kou Qianyue, Chenghua Court, Chengdu City, Sichuan Province
447. Tibet Autonomous Region Administration for Industry and Commerce v. He Chao and Hou Shiquan for Illegal Administrative Registration Acts
——How to deal with administrative registration cases in which the applicant concealed relevant information or provided false materials resulting in wrong registration
Compiler: Tibet Autonomous Region Lhasa Intermediate People's Court Yang Ziliang
Tibet Autonomous Region Lhasa Chengguan District People's Court Solang Deji
448． Zhang Xiaolan v. Human Resources and Social Security Bureau of Kashgar City, Kashgar Prefecture Human Resources and Social Security Bureau for Non-Performance of Statutory Duties
——The second-instance court's unexplained handling of the first-instance court
Compiled by: Kashgar, Xinjiang Uygur Autonomous Region Intermediate People's Court Tang Chao
449． Li Jianghui v. County Human Resources and Social Security Bureau Work-related Injury Insurance Benefit Administrative Payment Dispute Case
- Recognition of Normative Documents Not Complying with Legislative Purposes and Detracting from Citizens' Lawful Rights and Interests
Prepared by: Yunnan Higher People's Court Yang Yimei
450. Anji Zhanpeng Metal Precision Foundry v. Anji County People's Government Xing CPPCC motion
—— Xing CPPCC The case should establish the principle of double review
Prepared by: Intermediate People of Huzhou City, Zhejiang Province Court Zhao Long
451． Chongqing Dongheng Property Management Co., Ltd. v. Chongqing Yubei District Agricultural Administration Comprehensive Law Enforcement Brigade for Revocation of the Investigation Report
——The Actionability Analysis of the Environmental Pollution Accident Investigation Report
Compiler: Chongqing Yubei District People's Court Zeng Hao
452． Pan Xuan v. Changsha Human Resources and Social Security Bureau, China Railway Fifth Bureau Group Electric Engineering Co., Ltd. Case of Work Injury Determination
——The administrative organ made a decision contrary to the administrative act made by the court's effective judgment without legal procedures Illegal
Compiled by: Liu Wei, Higher People's Court of Hunan Province
Luo Xizhen, Intermediate People's Court of Changsha City, Hunan Province
453． Zhang Zunbo's application for the second-instance acquittal compensation case of the Chengdu Shuangliu District People's Court
——The second-instance acquittal state compensation case where the court has not sentenced the actual sentence to acquittal does not apply the principle of post-absorption by the obligatory agency
Compiler: Sichuan Higher People's Court Yang Jie, Li Ping
454． Jia Honglong v. Jinan City Licheng District Food and Drug Administration Administrative Reward Case
——When selecting and applying departmental normative documents, priority should be given to the application of higher-level departmental normative documents and the standards that are beneficial to the counterparty are followed
Compiler: Shandong Province Jinan Intermediate People's Court Sun Jifa, Wang Tingting
455． Xu Jinxi v. Danfeng County Public Security Bureau for Non-Performance of Statutory Duties
- The public security organ only imposes administrative penalties on one party to the dispute,Failure to draw a conclusion to the other party is an incomplete performance of duties
Compiler: Li Qian, People's Court of Luonan County, Shangluo City, Shaanxi Province
456. Liufang Group of Jindingshan Village, Chunhua Town, Changsha County v. People's Government of Changsha County Land Expropriation Announcement Case
- Rules for Determination of Actionable Conditions of Land Acquisition Announcement and Path of Reasonability Review
Compiler: Senior Hunan Province People's Court Zhong Xibo, Xue Shanshan
457. Li Nongyi v. Kunming Economic and Technological Development Zone Management Committee Entrusted Evaluation Case
——The entrusted evaluation behavior of administrative organs in the process of housing expropriation and compensation is not within the scope of administrative litigation
Compiled by: Chen Lu, Higher People's Court of Yunnan Province
458． Cheng Zhigang v. Huangshan Municipal People's Government State-owned Assets Supervision and Administration Commission Government Information Disclosure Reply and Huangshan Municipal People's Government Administrative Reconsideration Decision
- Confirmation and Regulation of Administrative Opponent's Abuse of Litigation
Compiler: Zheng Gang, Intermediate People's Court of Huangshan City, Anhui Province
459. Beijing Lantian Taxi Co., Ltd. v. Beijing Dongcheng District Social Insurance Fund Management Center's Social Insurance Audit Act and Beijing Dongcheng District Human Resources and Social Security Bureau's Reconsideration and Upholding Decision
- The principle of administrative integration changes the original behavior in the reconsideration authority Reconsideration of the main facts but not changing the result of the reconsideration maintains the application in the case of two defendants
Compiler: Ma Yuanjing, People's Court of Dongcheng District, Beijing
460. Liu Xiuying v. Tongwei County People's Government Land Registration Case
- Good Faith Acquisition is a Justifiable Reason for Obstructing Land Registration Revocation
Prepared by: Gansu Higher People's Court Duo Limin
461. The case of Liuchong villagers' group in Yantou Village, Yingkou Township, Hecheng District, Huaihua City v. Huaihua City Natural Resources and Planning Bureau's case of non-performance of statutory duties
- Judicial determination of the prosecution period when the statutory performance period can be extended
: Huang Meimei, People's Court of Mayang Miao Autonomous County, Hunan Province
Huaihua Railway Transportation Court Xiangchun
462． Lai Fei v. Ganzhou Municipal Bureau of Natural Resources for not fulfilling the statutory duties of investigating and punishing land violations - the performance of duties by administrative organs is not the object of external administrative management Jiaozuo Zhonghong Zhuoyue Real Estate Co., Ltd. v. Jiaozuo Municipal Bureau of Land and Resources for fulfilling the state-owned land transfer agreement
- The application of the principle of trust protection in the case of CPPCC
Compiler: Lu, Henan Higher People's Court Yu
4 64 ． Liu Zuojun v. Nanxi District Traffic Management Brigade, Road Traffic Management Administrative Penalty Case
— "Running a Yellow Light" Is Not Illegal
Compiler: Yibin Intermediate People's Court, Sichuan Province Lu Yang
465. Keshun Company v. Gongli Company due to malicious filing of intellectual property litigation damage liability disputes and tort liability disputes
——Infringement liability determination for maliciously filing a lawsuit and reporting a complaint to the industry and commerce department
Compiler: Zhejiang Provincial Higher People's Court Li Zhen
466． Xu Jingbin v. Dandong Detachment of the Chinese People's Armed Police Force, Yingda Taihe Property Insurance Co., Ltd. Dandong Central Sub-branch of Motor Vehicle Traffic Accident Liability Dispute Compiler: People's Court of Zhenxing District, Dandong City, Liaoning Province Shao Min
467. Feile Sports Co., Ltd. v. Zhejiang COSCO Footwear Co., Ltd., Ruian City COSCO E-Commerce Co., Ltd., etc. for trademark infringement disputes Court Xie Lingyun
468． Bayer Consumer Care Holding Co., Ltd., Bayer Consumer Care Co., Ltd. v. Li Qing, Zhejiang Taobao Network Co., Ltd. Unfair Competition Dispute Case
- Maliciously squatting a trademark and filing a complaint constitutes unfair competition_ p3p
Compiler: Cheng Wenjuan, People's Court of Yuhang District, Hangzhou City, Zhejiang Province
469． Ling Wanyi v. Huang Jieju, a dispute over trademark infringement ． Jiangxi Huabang Media Co., Ltd. v. Wu Jiao, Xiamen E-Name Technology Co., Ltd., and Liu Tailong in the case of infringement of Internet domain names
- Determination of the constituent elements of good faith acquisition of domain name rights
Compiler: Liangjiang New District, Chongqing (Free Trade District) People's Court Hu Xianglong
471. Baroque Wood Industry (Zhongshan) Co., Ltd. v. Zhejiang Life Home Baroque Flooring Co., Ltd., Taicang City Chengxiang Town Mendini Flooring Firm, etc. Infringement of trademark rights and unfair competition disputes
- Refinement calculation of the actual loss of the right holder to determine the high Compensation
Compiler: Xu Feiyun, Suzhou Intermediate People's Court, Jiangsu Province
472． Chen Yongqing v. Zhao Shijin, Shandan County Gaoyuanlong Food Co., Ltd., Hao Junping Case of Execution Objection by Outsiders
- Determination of Whether the Property Involved Has Enough Ownership or Real Right Expectation Right to Exclude Enforcement
Compiler: Gansu Province Shandan County People's Court Chen Duowen
4 73 ． Lin Chao v. Lin Chunmei's case of general personality rights
- Determination of whether the abandonment of ashes by close relatives constitutes infringement
Compiler: Jilin Intermediate People's Court of Jilin Province Wang Dongzhu
474． Zhang Yongchang v. Yang Yuyun and a third party Cui Hongyan tort liability dispute case
——The clause in the equity transfer agreement between the shareholders to dispose of the company's property is invalid
Compiler: Li Jia, People's Court of Guye District, Tangshan City, Hebei Province_ p3p
475． Li Kun v. Ping An Property & Casualty Insurance Anhui Company Insurance Dispute Case
——Whether the auto insurance signed waiver clause is effective
Compiler: Shanxi Jincheng Intermediate People's Court Guo Jie
476. Yang Daogui v. Lingwu City Social Insurance Bureau Labor and Social Security Administration Case
——The protection of workers’ retirement rights and interests from the perspective of occupational diseases and work-related injuries
Compiled by: Gao Fengmei, Intermediate People’s Court of Yinchuan City, Ningxia Hui Autonomous Region
477． Compiler of Liu Qi's Intentional Injury Case: Ding Jinliang and Chen Weisheng of the Higher People's Court of Guangdong Province
478. Tian Haochen v. Dandong No. 9 Middle School, Ning Xiaoguang, Song Xinyang in the case of liability disputes for educational institutions. Compiler: People's Court of Zhenxing District, Dandong City, Liaoning Province Ma Xu
4 79 ． China Music Copyright Association v. Wuhan Douyu Network Technology Co., Ltd. Copyright Ownership and Infringement Dispute Case
——Online Live Broadcasting Platform Bears Liability for Infringing the Copyright of Others
Compilers: Li Jingwei, Zhu Yue, Beijing Internet Court
Advanced Organizational Unit Award
(1) Higher People's Court
1． Hunan Higher People's Court
2. Anhui Higher People's Court
3. Beijing Higher People's Court
4. Guangdong Higher People's Court
5. Hubei Higher People's Court
6. Jiangsu Higher People's Court
7. Jiangxi Higher People's Court
8. Yunnan Higher People's Court
9. Shaanxi Provincial Higher People's Court
10. Gansu Higher People's Court
(2) Intermediate People's Court
1. Shanghai No. 1 Intermediate People's Court
2. Beijing Second Intermediate People's Court
3. Intermediate People's Court of Wuxi City, Jiangsu Province
4. Shanghai Second Intermediate People's Court
5. Nanjing Intermediate People's Court of Jiangsu Province
6. Beijing Third Intermediate People's Court
7. Beijing No. 1 Intermediate People's Court
8. Intermediate People's Court of Kunming City, Yunnan Province
9. Chongqing No. 1 Intermediate People's Court
10. Intermediate People's Court of Taizhou City, Jiangsu Province
(3) Basic People's Court
1. Shanghai Pudong New Area People's Court
2. Beijing Chaoyang District People's Court
3. Shanghai Minhang District People's Court
4. Shanghai Jiading District People's Court
5. People's Court of Shishi City, Fujian Province
6. Beijing Internet Court
7. Beijing Xicheng District People's Court
8. Shanghai Songjiang District People's Court
9. The People's Court of Wuhu Economic and Technological Development Zone, Anhui Province
10. Beijing Fengtai District People's Court
Advanced Organization Individual Award
1． Shanghai Higher People's Court Niu Chenguang
2. Jiangsu Higher People's Court Sun Shuoben
3. Beijing Higher People's Court Ling Wei, Liu Xiaohong
4. Anhui Higher People's Court Wu Jing
5. Zhejiang Higher People's Court Yang Zhi, Jiang Ying
6. Fujian Provincial Higher People's Court Lin Wenjun
7. Hunan Higher People's Court Tang Jing
8. Gansu Provincial Higher People's Court Zhang Wenqiang
9. Guangdong Higher People's Court Wen Jingzhi
10. Liaoning Provincial Higher People's Court Zhou Wenzheng
Editor: Chen Zheng
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