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The "Faxin" platform updates 3233 laws, cases, and viewpoints, including the 17th batch of guiding cases of the Supreme People's Court
Added:2018-01-15     Views:    

During the period of November 27, 2017 to December 3, 2017, the content of the "Faxin" platform was updated as follows:

Update of the Outline of the Law and Information Technology


161 new French credit codes and 379 new recommended knowledge elements have been added


Important update:


According to the 17th batch of guiding case No. 88 issued by the Supreme People's Court: Zhang Daowen, Tao Ren and others v. Jianyang Municipal People's Government of Sichuan Province for infringement of the operating rights of human powered tricycles for passenger transportation, update the legal information code and its recommended content:


Administrative actions that are illegal in administrative licensing should have been revoked, but revocation would cause significant damage to national and public interests,




2. According to the 17th batch of guiding case No. 89 issued by the Supreme People's Court: "Beiyan Yunyi" v. Yanshan Police Station of Lixia District Branch of Jinan Public Security Bureau, update the legal letter code and its recommended content:


The selection of citizens' surnames in household registration,




3. According to the 17th batch of guiding case No. 90 issued by the Supreme People's Court: Beihuifeng v. Haining Public Security Bureau Traffic Police Brigade Road Traffic Management Administrative Penalty Case, update the legal letter code and its recommended content:


In road traffic safety, pedestrians passing through pedestrian crossings should stop and yield,




4. According to the 17th batch of guiding case No. 91 issued by the Supreme People's Court: Sha Mingbao et al. v. Administrative Compensation for Compulsory Demolition of Houses by the People's Government of Huashan District, Ma'anshan City, update the legal code and its recommended content:


The handling of administrative litigation where the plaintiff is unable to provide evidence due to the defendant's reasons,


Compensation for illegal demolition in national compensation,




5. According to the 17th batch of guiding case No. 92 issued by the Supreme People's Court: Laizhou Jinhai Seed Industry Co., Ltd. v. Zhangye Fukai Agricultural Technology Co., Ltd. Dispute over Infringement of Plant Variety Rights, update the legal code and its recommended content:


The characteristics and features of the accused infringing object in the dispute over infringement of plant variety rights are the same as those of the authorized variety,




6. According to the 11th issue (253 in total) of the 2017 Supreme People's Court Gazette: Cui Long v. Feng County People's Government Administrative Promise Case, update the legal letter code and its recommended content:


The determination of the effectiveness of the interpretation of the content of administrative promises by administrative organs in administrative promises,




7. According to the 11th issue of 2017 (253 in total) of the "Bulletin of the Supreme People's Court": Shanghai Delixi Group Co., Ltd. v. Jiangsu Boenshitong High tech Co., Ltd., Feng Jun, Shanghai Boenshitong Optoelectronics Co., Ltd. Sales Contract Dispute Case, update the legal code and its recommended content:


Notify creditors and make public announcements in company capital reduction disputes


The supplementary compensation liability of shareholders,




8. According to the "Notice of the Beijing High People's Court on Handling Labor Contract and Contract Disputes Involving Taxi", update the French Credit Code and its recommended content:


Pre procedure in labor disputes


The labor dispute arbitration committee issued a notice of non acceptance on the grounds that the dispute between the taxi driver and the company was a contracting dispute,




According to the minutes of the seminar on the application of law in labor dispute cases held by the Beijing High People's Court and the Beijing Labor Dispute Arbitration Commission (Part 2), update the legal code and its recommended content:


The handling of arbitration matters in labor disputes where the parties have not filed a lawsuit by the court


Disputes arising from labor dispatch agreements between labor dispatch units and employing units, etc,


If the labor contract is not renewed after its expiration, and the employee continues to work at the original employer.




Legal document library update


204 new central policy legislative documents and 1500 new local policy legislative documents have been added.


Important update:


(1) Accounting Law of the People's Republic of China (2017 Amendment)


(2) Marine Environmental Protection Law of the People's Republic of China (2017 Amendment)


(3) Cultural Relics Protection Law of the People's Republic of China (2017 Amendment)


(4) Customs Law of the People's Republic of China (2017 Amendment)


(5) Law of the People's Republic of China on Chinese Foreign Cooperative Enterprises (2017 Amendment)


(6) Maternal and Child Health Care Law of the People's Republic of China (2017 Amendment)


(7) Occupational Disease Prevention and Control Law of the People's Republic of China (2017 Amendment)


(8) Order No. 691 of the State Council of the People's Republic of China - Decision on Abolishing the Interim Regulations of the People's Republic of China on Business Tax and Amending the Interim Regulations of the People's Republic of China on Value added Tax


(9) Provisions of the Supreme People's Court on the Procedure for Filing Administrative Application Retrial Cases


(10) Guiding Opinions of the Supreme People's Court on Sentencing for Common Crimes (II) (Trial)


(11) Order No. 396 of the People's Government of Hubei Province - Supervision Measures for the Social Insurance Fund of Hubei Province


(12) Order No. 281 of the Wuhan Municipal People's Government - Regulations on the Procedure for Formulating Regulations of the Wuhan Municipal People's Government


(13) Order No. 58 of the Shanghai Municipal People's Government - Shanghai Residence Permit Management Measures


(14) Implementation Rules for the Guiding Opinions on Sentencing of Common Crimes by Jiangsu Provincial High People's Court (2017)


(15) Regulations on Drug Control in Ningxia Hui Autonomous Region (2017)


(16) Notice of Beijing High People's Court and Beijing Judicial Bureau on Issuing the Management Measures for Pre litigation Civil Mediators






Case Summary Library Update


131 updated case highlights in total


Important update:


(1) If the administrative authority terminates the license rights of the counterparty on the grounds of expiration of the administrative license period without informing the administrative license period, and revoking the administrative action will have a negative impact on the public interest and administrative management order, the court should confirm the illegality of the administrative action - Guiding Case No. 88: Zhang Daowen, Tao Ren and others v. Jianyang Municipal People's Government of Sichuan Province for Infringement of the Operation Right of Passenger Transport Human Powered Tricycles


(2) Citizens cannot choose other surnames or create new surnames based solely on personal preferences and wishes - Guiding Case No. 89: "Beiyan Yunyi" v. Yanshan Police Station of Lixia District Branch of Jinan Public Security Bureau Public Security Administrative Registration Case


(3) If a motor vehicle driver drives a vehicle through a pedestrian crossing and does not yield to pedestrians, the administrative authority has the right to impose administrative penalties in accordance with the law - Guiding Case No. 90: Beihuifeng v. Haining Public Security Bureau Traffic Police Brigade Road Traffic Management Administrative Penalty Case


(4) If both parties cannot provide evidence of the loss of items inside the house after forced demolition, the court should support the plaintiff's compensation request that does not exceed the market value and conforms to common sense of life - Guiding Case No. 91: Sha Mingbao et al. v. Ma On Shan City Huashan District People's Government Administrative Compensation Case for Forced Demolition of Houses


(5) Administrative organs shall not make arbitrary interpretations of key contents of administrative promises without factual or legal basis - Cui Long's Letter v. Feng County People's Government Administrative Promise Case


(6) If the company fails to notify its creditors of its capital reduction and cannot repay its debts after the reduction, and the company's shareholders cannot prove that they are not at fault for the delay in notification, they shall bear supplementary compensation liability - Shanghai Delixi Group Co., Ltd. v. Jiangsu Boenshitong High tech Co., Ltd., Feng Jun, Shanghai Boenshitong Optoelectronics Co., Ltd. Sales Contract Dispute Case






Legal Opinion Database Update


Newly added legislative, judicial, and academic viewpoints, totaling 1019 articles


Important update:


(1) Identification of indirect bribery


(2) Determination of illegally accepting property and seeking benefits for others


(3) Rules for Handling Fraudulent Parenting Relationships


(4) The boundary between bribery and extortion crimes constituted by soliciting bribes


 
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