Point of View | Laughing at "Hot and Hot" and Elaborating on "Common Sense of Law"-Social Workplace
Published:
2024-03-14
In the last issue, we talked about the legal issues reflected in the movie "Hot and Hot", mainly from the perspective of marriage and family, explaining the legal issues such as gift, inheritance, and upbringing. In this issue, we will talk about "Hot and Hot" What are the legal issues in social life and workplace work reflected in the movie.
In the last issue, we talked about the legal issues reflected in the movie "Hot and Hot", mainly from the perspective of marriage and family, explaining the legal issues such as gift, inheritance, and upbringing. In this issue, we will talk about "Hot and Hot" What are the legal issues in social life and workplace work reflected in the movie.
Is 1. Hao Kun's act of fighting fake punches legal?
What kind of person is Hao Kun? The character of Hao Kun shows the kindness and involuntary nature of an ordinary person with a dream, who is able to stick to his principles and maintain the bottom line of his profession when the temptation is not big enough; when faced with the temptation and the reality of his imminent retirement, he struggles to compromise with money and collect money with a conscience to play "fake punches".
So, is Hao Kun's act of fighting fake punches legal?
Lawyer: Illegal!
Article 163 of the the People's Republic of China Criminal Law:"A staff member of a company, enterprise or other unit who takes advantage of his position to extort property from others or illegally accept property from others to seek benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a fine; if the amount is particularly serious, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be sentenced to a fine".
Article 51 of the the People's Republic of China Sports Law:"The principle of fair competition shall be applied to sports events. Organizers of sports events and athletes, coaches and referees shall abide by sports ethics and the rules of sports events, and shall not resort to fraud or malpractice. It is strictly forbidden for any organization or individual to engage in gambling activities by taking advantage of sports events".
It can be seen that Haokun participated in the competition on behalf of the gym and illegally charged Wen Qiang's father's 30000 yuan to deliberately lose the game. This is an illegal act of fighting counterfeit games, and it also violates sports ethics and sports event rules. It has the right to include it in the list of restrictions and prohibitions on participating in competitive sports activities, confiscate the illegal income and impose a fine. Moreover, this behavior is also suspected of non-state staff bribery.
2. how do women defend their rights when they encounter sexual harassment?
In the play, Le Ying, who had no choice but to walk out of the house, went to the Big Bowl Fish Grill to work. She met a greasy male boss who likes to hijack. The male boss not only likes to hijack and touch his hands, but also always makes people feel uncomfortable staring at people. For example, the "eye obscenity" that is now hot on the Internet always brings a sense of discomfort to women. This event triggered a heated discussion among netizens.
The lawyer answers:
Article 10 of the the People's Republic of China Civil CodeIt is stipulated that if, against the wishes of others, sexually harasses others by means of words, words, images, physical behavior, etc., the victim has the right to request the perpetrator to bear civil liability in accordance with the law. Organs, enterprises, schools and other units shall take reasonable measures to prevent, accept complaints, investigate and deal with them, so as to prevent and stop sexual harassment by taking advantage of their functions and powers and affiliation.
Article 44 of the the People's Republic of China Public Security Administration Punishment LawIt is stipulated that those who molest others or deliberately expose their bodies in public places shall be detained for not less than five days but not more than ten days if the circumstances are bad; those who molest intellectually disabled persons, mental patients, people under the age of 14 or have other serious circumstances shall be detained for not less than ten days but not more than fifteen days.
Law on the Protection of Rights and Interests of WomenIt is clearly stated that "sexual harassment of women is prohibited".
Therefore, whether in life or in the workplace, if you encounter violations of women's rights, you have the right to take up legal weapons to protect your rights. The victim may report the case to the public security organ, and the public security organ may impose public security management penalties on the perpetrator, or file a civil lawsuit in the people's court, requesting the infringer to stop the infringement, apologize or compensate for the loss.
Of course, the existing regulations do not clearly define whether the "eye" behavior belongs to the category of sexual harassment. In practice, due to the subjective and recessive characteristics of eye behavior, it is difficult to define whether it constitutes sexual harassment, so there is a certain degree of difficulty in proof. We also hope that the law can make clearer provisions and explanations on such issues, so as to better protect everyone's legitimate rights and interests.
Does 3. LeYing have to pay for boxing injuries?
We all know that Le Ying was disappointed with Hao Kun's behavior. In order to find the direction of life, Le Ying decided to find herself again through boxing and get out of the trough of life. Facing professional boxers when participating in a boxing match, this movie did not stage a dog-blooded woman who defeated everything. In the end, Le Ying did not win, but her firm belief that she did not give up did infect many people. Le Ying was beaten black and blue in the boxing arena. Does the other party need to pay for her medical expenses? Is the boxing match legally responsible for injuring someone?
Lawyer's answer: Under normal circumstances, there is no responsibility.
The first paragraph of Article 1,176 of the the People's Republic of China Civil Code:"If you voluntarily participate in cultural and sports activities with certain risks and suffer damage due to the actions of other participants, the victim shall not request other participants to bear tort liability; however, other participants have intentional or gross negligence in the occurrence of the damage."
It can be seen that when the parties normally participate in legal boxing matches and follow the corresponding competition rules, they usually do not need to bear legal responsibility for injuring people. This also reminds us that when participating in relevant cultural and sports activities organized by the unit, especially when participating in high-risk cultural and sports activities, participants should act according to their ability and strictly abide by the rules of the activity. On the one hand, they should pay attention to their own safety and the safety of others as much as possible. On the other hand, they should not deliberately infringe on other participants. If intentional or gross negligence causes injury to others, it is necessary to bear the responsibility.
How to protect the rights of 4. consumers when facing the promotion of "pre-consumption card"
In the play, Sha Yi plays the boss of Xinli Gymnasium, who is a mercenary businessman. In order to be able to pull people to handle cards, he can use any tricks. He asked several coaches in the club to find ways to please the female students and forced the coaches to date the female students without considering the consequences. Zhu Tianfu is the most popular coach among female students in the club. He has a good face and figure, and he can talk. He also uses these advantages to deceive the feelings of female students and lead to family discord among female students. However, the purpose of Hao Kun and Le Ying together is not simple. At the beginning, it was to cheat Le Ying to handle the card.
How do we protect our rights when we are faced with "pre-spending cards" marketed by merchants?
Legal answers:
Article 9 of the Law on the Protection of Consumer Rights and Interests:"Consumers have the right to choose their own commodities or services. Consumers have the right to choose their own operators to provide commodities or services, to choose their own varieties or service methods, to decide on their own whether to buy or not to buy any kind of commodity, and to accept or not to accept any kind of service. Consumers have the right to compare, identify and choose when choosing their own commodities or services".
Article 11:"Consumers who suffer personal or property damage as a result of purchasing or using goods or receiving services shall have the right to compensation in accordance with the law".
Article 53:"Where a business operator provides goods or services in the form of advance payment, it shall provide them in accordance with the agreement. If it fails to provide in accordance with the agreement, it shall perform the agreement or return the advance payment at the request of the consumer; and shall bear the interest on the advance payment and the reasonable expenses that the consumer must pay."
It can be seen that when we meet a clerk to sell you a top-up card on various preferential terms. The card is essentially a prepaid consumption, that is, to pay the money first and then enjoy it. This mode brings convenience and benefits to consumers. At the same time, there are also risks that the subsequent merchants are not satisfied with the service and refuse to refund, even if the money in the card is not used up and the merchants are closed.
To this end, we recommend: 1. Fully understand the credibility of businesses, as far as possible to choose a good reputation, business stability, good reputation of the business. 2. Read the terms of the contract carefully, clarify the scope of use, validity period, refund conditions, etc., and guard against merchants using format terms to restrict consumer rights. 3. Keep all transaction records and communication evidence. If the merchant fails to achieve the consumption purpose due to serious breach of contract, he has the right to ask for a refund. 4. Moderate and reasonable consumption in combination with its own needs, economic capacity and other factors.
5. Doudou's bad has foreshadowing!
"Hot and Hot" Doudou's bad and malicious, in fact, there are already foreshadowing. At first, Le Ying's cousin Doudou wanted her cousin to help her record the program so that she could become a full member smoothly. At that time, she felt that she was a little "moral kidnapping". Later, the "black handprint" in the rain confirmed the fact that Doudou was a "belly black woman. After promising Doudou to participate in the show, Le Ying found that her video was maliciously edited and eventually collapsed.
Shouldn't Doudou be held responsible for the act of "malicious editing?
Legal Answer: It should!
Article 109 of the the People's Republic of China Civil Code:"The personal freedom and personal dignity of natural persons shall be protected by law."
Article 111:"The personal information of natural persons shall be protected by law. Any organization or individual that needs to obtain the personal information of others shall obtain and ensure the security of the information in accordance with the law, and shall not illegally collect, use, process or transmit the personal information of others, or illegally trade, provide or disclose the personal information of others".
Article 990:"The right to personality is the right to life, body, health, name, name, portrait, reputation, honor, privacy and other rights enjoyed by civil subjects. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity."
Article 991:"The personality rights of civil subjects shall be protected by law and shall not be infringed upon by any organization or individual".
Therefore, cousin Doudou "maliciously edited" Le Ying's video, all oriented to traffic and topic, regardless of the harm to the parties, even if this person is his cousin. The act is actually a violation of Le Ying's personality rights, should bear legal responsibility.
The pursuit of "hot hot" life!
Safeguard the society of "justice!
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