05
2021-12
Introduction Today's judicial circles are generally faced with the problem of difficult enforcement, so the state has designed a litigation preservation system to ensure enforcement. However, a new problem arises. What if someone else's property is mistakenly sealed during preservation, or if someone else's property is executed during execution? Since 2007, the civil procedure law of our country has established the lawsuit of execution objection, which is the first time that the legislative provisions of the lawsuit of execution objection appear in our country. The interpretation of several issues in the implementation procedure of the Civil Procedure Law promulgated in 2008 (hereinafter referred to as the interpretation) stipulates the cause, subject of litigation, pre-procedure and other aspects of the lawsuit of execution objection. In 2012, the decision on amending the the People's Republic of China Civil Procedure Law was passed to retain the relevant contents of the lawsuit of execution objection, and only the serial number of the articles was revised until the promulgation of the Judicial Interpretation of the Civil Procedure Law in 2015, we have improved some operational details such as the filing procedures related to the execution of the objection, the gap between the outsider's objection procedure and the service procedure, and with the emergence of each law and regulation related to the execution of the objection, the relevant laws and regulations on the execution of the objection have been continuously improved and developed. The purpose of this paper is to discuss how to provide relief to outsiders in the execution objection suit, with a view to enlightening the reader. Text If an outsider claims ownership of the subject matter of execution or has other substantive rights sufficient to prevent the transfer or delivery of the subject matter of execution, he may object to the enforcement court. In the course of execution, if an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receipt of the written objection, and if the reason is established, it shall rule to suspend the execution of the subject matter; if the reason is not established, it shall rule to reject it. If an outsider or party to the case is not satisfied with the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the trial supervision procedure; if it has nothing to do with the original judgment or ruling, it may bring a lawsuit in a people's court within 15 days from the date of service of the ruling. During the period of examination of objections by outsiders, the people's court shall not impose sanctions on the subject matter of enforcement. If an outsider files a lawsuit, the execution shall not be suspended during the period of the lawsuit; If an outsider's claim has a reason or provides sufficient and effective guarantee to request the suspension of execution, it may order to stop the disposition of the subject matter of execution; if the applicant for execution provides sufficient and effective guarantee to request the continuation of execution, it shall continue to execute. If an outsider requests to stop execution, requests to cancel the seizure, seizure or freezing, or if the executor requests to continue execution in error, causing losses to the other party, compensation shall be made. Procedure for Objection Subject of objection: outsider Reason for objection: the right of an outsider to claim the subject matter of execution Objection procedure: a written objection to the enforcement court during enforcement Examination of the objection: the court shall conduct the examination within 15 days from the date of receipt of the written objection Results of the review: if the objection is established, the execution of the subject matter shall be suspended; if the objection is not established, the objection of the outsider shall be rejected. Treatment of dissent 1, trial supervision procedures to deal. If an outsider is not satisfied with the execution objection ruling and believes that the original effective judgment or ruling is indeed wrong, he may apply to the people's court that made the original judgment, ruling or mediation statement within 6 months from the date of service of the execution objection ruling. 2, the implementation of the objection to the action. If an outsider or party to the case is not satisfied with the execution objection ruling and considers that it has nothing to do with the original effective judgment or ruling, he may file an execution objection lawsuit with the enforcement court from 15 days from the date of service of the ruling.
2021-12-05
05
2021-12
Foreword On June 10, 2021, the 29th meeting of the Standing Committee of the 13th National People's Congress passed the "Decision of the Standing Committee of the National People's Congress on Amending the the People's Republic of China Work Safety Law", and the "the People's Republic of China Work Safety Law" "(Hereinafter referred to as the" Work Safety Law ") has been amended for the third time and will come into force on September 1, 2021. The new "Safety Production Law" has greatly increased the penalties for production safety violations. Under the background of increasingly strict production safety regulations and continuous strengthening of law enforcement, production and business units must not only do daily compliance work, but also have production safety. After the accident, timely disposal and proper response, how to effectively defend against the administrative punishment of the emergency management department, reducing the loss of enterprises is also a problem worthy of attention and concern. The author summarizes and shares the legislative system and practical experience in the field of production safety. Definition and punishment standard of general accident 1. Definition of general accident "General accident" refers to the accident that causes casualties or the lowest direct economic loss in the classification of production safety accidents. Its specific definition can be learned from the legal provisions: According to Article 118 of the "Work Safety Law": "The classification standards for general accidents, major accidents, major accidents, and particularly major accidents of production safety stipulated in this law shall be prescribed by the State Council." That is, the National People's Congress has authorized the State Council to formulate the standard for "general accidents", and the "Safety Production Law" does not specifically divide the standard for accidents. According to Article 3 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents formulated by the State Council, "General accidents refer to accidents that cause less than 3 deaths, or serious injuries to less than 10 people, or direct economic losses of less than 10 million yuan." To sum up, the specific definition of "general accident" can be summarized as: accidents that cause less than 3 deaths, or less than 10 serious injuries, or direct economic losses of less than 10 million yuan in the production and business activities of production and business units. 2. Penalty standard for general accidents According to the provisions of Article 95 of the "Safety Production Law" (2021 Amendment): "If the main person in charge of the production and business unit fails to perform the safety production management duties stipulated in this law, resulting in a production safety accident, the emergency management department shall follow the following Provisions shall be imposed a fine: (1) In the event of a general accident, a fine of 40% of the previous year's annual income shall be imposed." Article 114 stipulates: "In the event of a production safety accident, the responsible production and business unit shall, in addition to requiring it to bear corresponding compensation and other responsibilities in accordance with the law, be fined by the emergency management department in accordance with the following provisions: (1) General In the event of an accident, a fine of 300,000 yuan to 1 million yuan shall be imposed." According to the above-mentioned legal provisions, it can be known that the administrative punishment of "general accidents" adopts the "double penalty system", that is, the production and business operation units and their main responsible persons are subject to fines, and the amount of fines is relatively large. II Practical Dilemma of General Accident Identification and Punishment 1, the identification and punishment method is simple and crude. In the law enforcement practice of general accident identification and punishment, law enforcement personnel mostly adopt relatively simple and rough punishment methods, that is, as long as they conform to the definition of general accident in form, they will directly identify and apply the punishment standards stipulated in the "safety production law", regardless of whether they can constitute general accidents or whether the fine of administrative punishment is too heavy, however, the punished enterprises often lack professional knowledge in the field of production safety and have no way to protect their rights, so they can only bear huge fines and losses. Examples: ① Company A caused 1 death in the process of production and operation, which formally meets the requirements of "less than 3 deaths". Can it be directly identified as a general accident and be subject to administrative punishment? ② Company A caused 1 serious injury in the process of production and operation, which formally meets the requirements of "less than 10 serious injuries". Can it be directly identified as a general accident and be subject to administrative punishment? ③ Company A caused direct economic losses of 1 million yuan in the process of production and operation, without casualties, and formally met the "direct economic losses of less than 10 million yuan". Can it be directly identified as a general accident and be subject to administrative punishment? ④ A company in the production and operation process caused 1 yuan of direct economic losses, no casualties, formally meet the "10 million yuan of direct economic losses", can it be directly identified as a general accident and administrative punishment? In the law enforcement process of the emergency management department, except for the fourth extreme case, the remaining three cases will generally be investigated and punishment decisions will be made. The reason is that the above three cases meet the definition of "general accident" in form, so punishment is required. This directly leads to the infringed person in the production safety accident to give up the judicial relief channel, report to the emergency management department, take the high fine as the bargaining chip with the production and business operation unit, and obtain the benefit beyond the actual loss. In the face of administrative punishment, enterprises often have no choice but to compromise. 2. The provisions of the lower law are divorced from reality and urgently need to be revised. Article 3 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents only stipulates the upper limit of the composition of "general accidents", that is, "less than 3 deaths, less than 10 serious injuries, and direct economic losses of less than 10 million yuan", but it does not specify whether general accidents have the lower limit on the statutory constituent elements and the conditions for administrative punishment, as a result, the law enforcement personnel of the emergency management department (the former safety supervision department) impose penalties or obviously excessive administrative penalties on production and business units that do not meet the conditions for administrative penalties. In the field of administrative penalties for general accidents, there are arbitrary penalties and excessive penalties. Law enforcement chaos. III Defense Basis for Enterprises to Deal with General Accident Penalties (Taking Shandong Region as an Example) In view of the above-mentioned administrative punishment of law enforcement chaos, the author through the big data retrieval of the relevant provisions of the general accident punishment, and combined with practical experience for effective analysis, in order to deal with the general accident punishment for enterprises to provide a reasonable basis for rights protection and relief channels: 1. Legal basis for rights protection ① Article 118 of the "the People's Republic of China Safety Production Law" clearly stipulates that the classification standards for general production safety accidents, major accidents, major accidents, and particularly major accidents stipulated in this law shall be prescribed by the State Council. The above-mentioned laws have clearly stipulated that the National People's Congress has authorized the State Council to formulate general accident standards, and the safety production law does not specifically divide accident standards. ② According to Article 3 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents, accidents are generally divided into the following levels: (4) General accidents refer to deaths of less than 3 people, or serious injuries of less than 10 people, or direct economic losses of less than 10 million yuan. The department of work safety supervision and administration under the State Council may, in conjunction with the relevant departments under the State Council, formulate supplementary provisions on the classification of accidents. According to the provisions of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents, the safety production supervision and management department of the State Council and other relevant departments can formulate supplementary regulations for the classification of accidents. After the author's review, there are currently no other supplementary regulations for the classification of accidents. Provisions, that is, the only basis for the identification of general accidents is Article 3 of the "Regulations on Reporting, Investigation and Handling of Production Safety Accidents. ③ The provisions of Article 14 of the "Regulations on Penalties for Production Safety Accidents": The accident unit shall cause the death of less than 3 people, or serious injuries to more than 3 people and less than 10 people (including acute industrial poisoning, the same below), or 3 million yuan to 10 million yuan. If the general accident with direct economic losses below RMB yuan is responsible, a fine of 200000 yuan to 500000 yuan shall be imposed. ④ "Reply of the General Office of the State Administration of Work Safety on Issues Concerning Administrative Penalties for General Production Safety Accidents" Political and Legal Letter of the General Administration of Work Safety [2014] No. 136: "If a production safety accident causes serious injuries to 1 to 2 people or direct economic losses of less than 3 million yuan, generally no fines will be imposed on the unit where the accident occurred." ⑤ According to the relevant provisions of the "Shandong Province Safety Production Administrative Penalty Discretionary Benchmark (Trial)" issued by the Shandong Provincial Emergency Department, the administrative penalty authority of the emergency management department responsible for general accidents of production and business units is as follows: 2. Ways of relief and defense According to the above provisions, it can be known that the penalty for general accidents has a lower limit, and the penalty for general accidents based on death must meet the legal condition of "death of less than 3 people"; the penalty for general accidents based on serious injuries must meet the legal condition of "more than 3 people and less than 10 people (including acute industrial poisoning)", and there is a lower limit of "more than 3 people"; general accident penalties based on direct economic losses must meet the legal conditions of "3 million yuan to 10 million yuan", and there is a lower limit of "3 million yuan or more". When the safety production accidents in an enterprise only meet the upper limit but not the lower limit, the conditions for administrative punishment are not met, and the emergency management department has no right to punish the enterprise. The above four examples also have corresponding answers here: the first situation should be identified as a general accident and be given administrative punishment; the second and third situations constitute a general accident, but do not meet the conditions for administrative punishment, should not be filed for investigation; the fourth situation should not constitute a general accident and does not meet the conditions for administrative punishment, should not be filed for investigation. 4 Advice from Lawyers 1. With the implementation of the new "Safety Production Law", enterprises (especially construction enterprises) should attach great importance to the compliance of safety production work, strictly implement the safety production standards stipulated by the law, fulfill various safety production obligations, and establish safety The standard system of production prevents the occurrence of production discretionary accidents. If necessary, professional lawyers can be hired to help enterprises establish a compliance system for production safety. 2. Due to the complexity of laws and regulations and local regulations in the field of production safety, the current update of regulations in the field of production safety in my country is also seriously lagging behind. Although the "Production Safety Law" has been newly revised, the "Production Safety Accident Reporting and Investigation and Handling Regulations" And other administrative regulations have not been updated in time, and they have been seriously divorced from reality. It directly causes law enforcement personnel to be at a loss in the process of law enforcement, and can only carry out simple and rough application, resulting in enterprises being wrongly punished or punished too heavily. For the investigation of production safety accidents, professional lawyers should be hired to intervene in the case filing process, participate in the defense and statement procedure, and strive to resolve the administrative punishment at the front end. If the administrative punishment is wrong, administrative litigation should be filed according to law to protect the legitimate rights and interests of enterprises.
2021-12-05
05
2021-12
Shandong Zhongcheng Qingtai (Liaocheng) Law Firm Launches Constitution Publicity Day
December 4, 2021 is the eighth national constitution publicity day in China. In order to further carry forward the spirit of the constitution, safeguard the authority of the constitution, and promote the whole society to "respect the constitution, study the constitution, abide by the constitution, safeguard the constitution and apply the constitution", Wen Tao, director of Shandong Zhongcheng Qingtai (Liaocheng) law firm, and sun Lijun, executive director, led all the staff of the law firm to Liaocheng University Law School volunteers, To Liaocheng Constitution Square to publicize the legal system. By hanging publicity banners, distributing publicity materials, and answering legal consultations, this event answered questions for the masses on the spot, popularized legal knowledge, and guided the masses to know, understand, abide by, and use the law. The activity was warmly welcomed by the masses. Lawyers accept the consultation of the masses on the spot, patiently answer the legal questions of the masses, actively guide the masses to learn to safeguard their legitimate rights and interests in accordance with the law, and improve the masses' own legal awareness and understanding and understanding of relevant legal knowledge. The event site attracted many citizens to participate actively. The citizens expressed that through this publicity activity, they have a deeper understanding of the Constitution. In the future, they will continue to learn and accumulate legal knowledge in daily life, and be good citizens who understand and abide by the law. Shang Guangsheng, Secretary of the Party Leadership Group and Director of the Liaocheng Judicial Bureau, visited the event in person and spoke highly of the preparation and publicity work of Zhongcheng Qingtai (Liaocheng) Law Firm. Through this publicity and explanation, the broad masses of people will further realize that the Constitution is not only a code of conduct that citizens must follow, but also a legal weapon to protect citizens' rights, enhance the legal awareness of the Constitution of the whole people, and guide the broad masses to deepen their understanding of the Constitution. Established the authority of the constitution, promoted the spirit of the socialist rule of law, and created a good atmosphere for the whole people to respect, learn, abide by and use the law.
2021-12-05
04
2021-12
In order to further enhance the publicity and education of the rule of law among young people, raise their legal awareness, and create a good atmosphere of the rule of law on campus, on December 3, lawyer Liu Aiju of Shandong Zhongcheng Qingtai (Dezhou) Law firm was invited to Dezhou Jianshe Street Primary School and Dezhou Jiefang North Road Primary School to carry out lectures on "Learning the Civil Code to be a good Law-abiding Youth" and "Learning Constitutional Knowledge to be a law-abiding Little Citizen. Lawyer Liu Aiju comprehensively and systematically introduced the significance and main content of the promulgation of the Civil Code, as well as the protection of minors in the Civil Code, several main highlights of the Civil Code, etc., and described the legal responsibilities that different ages need to bear in a simple and simple way. And through vivid cases, he shared legal stories that are closely related to the lives of young people, such as "not taking responsibility for righteousness, saying no to the bullies, throwing objects, the students in the interactive session enthusiastically answered questions and thought positively, and received unanimous praise from teachers and students. Coinciding with the 4th Constitution Publicity Week, Lawyer Liu Aiju first introduced the origin of the "National Constitution Day" on December 4, the status, development history, composition, and significance of the constitution, and then used vivid and specific cases to explain the general outline and citizens' Basic rights and obligations, state institutions, national flags, national emblems, national anthems, etc. are explained in detail. Lawyer Liu Aiju encouraged the students to respect the law, abide by the law, learn the law, and use it, study hard, and become the pillars of the motherland. Zhongcheng Qingtai will continue to organize and carry out special law popularization work, enhance children's concept of the rule of law and legal awareness, let the majority of children establish the concept of the rule of law from an early age, develop the habit of thinking and behavior of consciously abiding by the law, looking for the law in case of trouble, and relying on the law to solve problems, so as to further help maintain a good campus safety environment and teaching order.
2021-12-04
04
2021-12
In order to further popularize constitutional knowledge and guide community residents to form a good fashion of carrying forward the spirit of the constitution and safeguarding the authority of the constitution, on the afternoon of December 3, lawyer Liu Yue of Shandong Zhongcheng Qingtai (Dezhou) Law Firm, as a legal adviser hired by the community, was invited to enter Jiacheng Community and Shierlizhuang Community to carry out constitutional knowledge publicity lectures. Based on specific cases, lawyer Liu Yue explained the general outline of the constitution, the basic rights and obligations of citizens, the national flag, the national anthem, the national emblem, the relevant provisions of the capital and the serious consequences of violating the constitution for the community residents, and then patiently and meticulously answered the common problems in work and life, such as neighborhood disputes, marriage and family disputes, labor disputes, property disputes, etc, the residents mastered the knowledge of the Constitution in a pleasant atmosphere. This lecture on law popularization has enhanced the residents' concept of the legal system and their consciousness of handling affairs according to law, and strives to form a good atmosphere of learning, knowing, understanding, abiding by and using the law.
2021-12-04
04
2021-12
On December 4, Shandong Zhongcheng Qingtai (Dezhou) Law Firm held a symposium to report on the progress of legal services for party and government agencies. Ai Xiansong, director of Shandong Zhongcheng Qingtai (Dezhou) Law Firm, presided over the meeting. Many lawyers from Zhongcheng Qingtai exchanged experiences and practices in promoting party and government legal services. The meeting conveyed and learned the spirit of General Secretary Xi Jinping's important instructions, the CPC Central Committee's "Plan for the Construction of China under the Rule of Law (2020-2025)", "Outline for the Implementation of the Construction of a Government under the Rule of Law (2021-2025)" and the Shandong Provincial CPC Committee's "Implementation Plan for the Construction of China under the Rule of Law (2020-2025)" and other document requirements, to better serve the overall situation of the construction of the rule of law in Texas. The meeting stressed that all legal advisers and lawyers should earnestly improve their political position, firmly grasp the political direction, enhance the four consciousness, strengthen the four self-confidence, achieve two maintenance, always maintain a high degree of political sobriety and political consciousness, always maintain political determination, stand firm in political stand, uphold the spirit of the rule of law and professional ethics, and strive to provide independent and professional legal opinions and suggestions for all party and government organs, truly set up a mirror of the law and a ruler of the rule of law. We should combine the role of legal adviser with the optimization and improvement of the decision-making mechanism according to law, focus on the forward-looking, strategic and comprehensive major issues of Dezhou's reform and development, put forward legal and feasible opinions and suggestions, and strive to achieve the unity of legal effect, political effect and social effect. The meeting requested that all legal advisers and lawyers should set an example for the rule of law, consciously respect the rule of law, maintain justice, be honest and self-disciplined, and establish a good image of courageously taking good deeds. We should consciously practice the professional ethics of lawyers and stick to the bottom line of the law. It is necessary to conscientiously perform the duties of legal advisers and actively complete the tasks of legal advisers with high quality and efficiency. We should adhere to fair and just professional ethics, strictly abide by the discipline of confidentiality, and be a qualified legal adviser in compliance with the rules and regulations. We should give full play to the role of legal outpost to grasp the key legal barriers for decision-making according to law; we should give full play to the role of legal think tank and be a good think tank for scientific decision-making; we should give full play to the role of legal ties to gather more positive energy for promoting social harmony. Zhongcheng Qingtai will take this meeting as a new starting point, constantly sum up experience, boldly explore, have the courage to innovate, and strive to push the work of serving as legal adviser to party and government organs to a new height.
2021-12-04
04
2021-12
On the morning of December 4, the 2021 Boao Forum of Chinese entrepreneurs officially opened at the International Conference Center of Boao Forum for Asia in Hainan. More than 1000 famous entrepreneurs from all over the country attended the meeting. Leaders of Xinhua news agency, Hainan Province and relevant national ministries and commissions attended the opening ceremony. With the theme of "seeking common digital age, win-win green development", the forum explores new opportunities for digital transformation and new paths for green development, and jointly seeks a new journey of high-quality development of China's economy during the 14th Five-Year Plan." At the invitation of Xinhua News Agency, Zhongcheng Qingtai Law firm appointed Geng Guoyu, director of Jinan Institute, and Lin Yang, director of Qingdao Institute, to attend the forum and accepted an exclusive interview with Xinhua News Agency. In an interview with Xinhua News Agency, Geng Guoyu focused on the changes and highlights of the development of the lawyer industry in recent years, the new development pattern of the lawyer industry service, serving the domestic and international double cycle, and helping the internationalization of corporate brands in the post-epidemic era. It is understood that Zhongcheng Qingtai Law Firm is the first legal service organization to invite Chinese entrepreneurs to participate in the Boao Forum. In an interview, Geng Guoyu said that lawyers are an important part of the socialist rule of law work team and an important part of the modern high-end service industry. They fully serve the economic and social development and the construction of the country's rule of law. It is increasing at a rate of more than 10%. By the end of 2020, the number of Chinese lawyers has exceeded 522000, there are more than 34000 law firms, and the supply of legal services has increased significantly; under the background of comprehensively governing the country according to law, lawyers, as an important force in comprehensively governing the country according to law, have a clearer positioning of the socialist rule of law work team, comprehensively serve the economic and social development and the construction of the rule of law, and the social value of the industry is more prominent. the development is more standardized and the development prospects are broader. Geng Guoyu proposed that the 14th Five-Year Plan determines to speed up the construction of a new development pattern with the domestic big cycle as the main body and the domestic and international double cycles promoting each other. Lawyers should focus on the new development pattern, provide services for the domestic and international double cycles, and realize their own high-quality development in the new development pattern of services. Specifically, they should gradually move from professional services to industrial legal services, from passive waiting services to active provision of value services, from single service to integrated collaborative service, from traditional service to digital innovation service. Geng also analyzed the international business risks faced by Chinese enterprises in the post-epidemic era, and made suggestions for the internationalization of Chinese enterprises' brands in terms of compliance management, policy prediction, legal escort, intellectual property operation and protection. In the interview, Geng Guoyu also introduced to Xinhua News Agency reporters the development of Zhongcheng Qingtai Law Firm in recent years, and said that Zhongcheng Qingtai, as a large-scale law firm with leading development in the region, will fully learn from the development of famous participating companies in this Boao Forum Experience, continuous innovation, stronger and bigger legal services, and greater responsibility in service development and rule of law construction. This forum also set up a number of parallel forums such as the China Wealth Summit, the "Carbon Peak and Carbon Neutrality" Green Economy Summit Forum, the International Gold Market Annual Summit, and the Chinese Brand New Power Summit. Geng Guoyu and Lin Yang attended the opening ceremony and several sub-forums respectively, and interacted with some participating enterprises.
2021-12-04
04
2021-12
On the occasion of the National Constitution Day, the Buddhist community in Jinan actively carried out activities to study and implement Xi Jinping's thought of the rule of law and the study and exchange of the Constitution. Wang Yang Baixue, a partner in the real estate department of Zhongcheng Qingtai (Jinan) Law Firm, was invited to interpret Xi Jinping's legal thoughts and constitutional legal knowledge for the faculty and staff of the Jinan Buddhist Association. Lawyer Wang Yang, in connection with the reality of religious groups and in combination with the provisions of the Constitution, comprehensively interprets the formation process of Xi Jinping's thought of the rule of law, promotes the work focus of comprehensively governing the country according to law, and thoroughly implements Xi Jinping's thought of the rule of law. Through in-depth thinking, discussion and exchange, we will enhance the conscious use of Xi Jinping's thought of the rule of law, solve practical problems in religious affairs in accordance with the law, and enhance the working ability of the development of Buddhism in China.
2021-12-04
04
2021-12
On the afternoon of December 2, in order to welcome the arrival of China's eighth Constitution Day, Jinan No.56 Middle School invited lawyer Zhou Jiakui, deputy director and senior partner of Zhongcheng Qingtai Jinan Institute, to the school to give lectures on the rule of law education on "preventing campus bullying" for all students. This lecture is an important part of the school's Constitution Day activity week, and it is also of great significance for the school to further build the Tianqiao District Youth Legal System Base and the Campus Anti-bullying Guidance Center. Lawyer Zhou Jiakui told the students what campus bullying is, the types of campus bullying, and the legal regulations of campus bullying. From vivid cases, he told the students about the harm of campus bullying, the legal responsibilities they need to bear, and how to deal with and prevent campus bullying. Finally, lawyer Zhou led the students to take the oath of "refuse bullying and stay away from violence". The students promised to unite and love, help each other, enhance their legal awareness and build a harmonious campus.
2021-12-04
03
2021-12
[brief case]] In June 2017, Liu purchased personal accident insurance from a property insurance company through online insurance, which covers 1-3 categories. When Liu filled in the insurance information, he chose the occupation of being an expatriate (belonging to category 2). After the successful payment of the insurance, a property insurance company issued an insurance policy. The insurance period recorded in the policy is from June 18, 2017 to June 17, 2018. The coverage includes: accidental injury death disability insurance amount of 500000 yuan, accidental injury medical expenses insurance amount of 30000 yuan, hospitalization living allowance insurance amount of 36000 yuan, each accident accidental injury medical expenses without deductible, according to the proportion of 100 compensation, hospitalization living allowance only protects the insured due to accidental injury caused by hospitalization, does not protect the insured due to illness caused by hospitalization, there is no deductible for each accident hospitalization living allowance, and the daily compensation is 200 yuan. During the insurance period, the number of days of each compensation shall not exceed 90 days, and the total accumulated number of days of compensation shall not exceed 180 days. At the end of January 2018, Liu was accidentally injured at work, and was diagnosed as 1. Avulsion of the left forearm was completely severed; 2. Open fracture and dislocation of the left elbow joint. From January 31, 2018 to March 31, 2018, Liu was hospitalized in the hospital and spent 163474.44 yuan on medical expenses. On February 1, 2018, a property insurance company investigated Liu's work with Liu's colleague, who said that he and Liu were both drilling pile operators in a mechanical and electrical decoration engineering company. Later, a property insurance company refused to settle the claim on the grounds that the occupation informed by Liu when he was insured did not match the actual occupation. focus of controversy] Whether the insurance company should be liable for insurance claims. The court of first instance held that] According to the provisions of Article 16 of the the People's Republic of China Insurance Law: "If an insurance contract is concluded and the insurer makes inquiries about the subject matter of the insurance or the relevant circumstances of the insured, the applicant shall truthfully inform him. If the applicant intentionally or due to gross negligence fails to perform the obligation of truthful disclosure stipulated in the preceding paragraph, which is sufficient to affect the insurer's decision whether to agree to underwrite or increase the insurance premium rate, the insurer shall have the right to terminate the contract. The right to rescind a contract provided for in the preceding paragraph shall be extinguished without exercise for more than 30 days from the date on which the insurer becomes aware of the cause of rescission. If more than two years have passed since the date of the establishment of the contract, the insurer shall not terminate the contract; if an insurance accident occurs, the insurer shall bear the responsibility for compensation or payment of insurance benefits. ......" In this case, a property insurance company on February 1, 2018, after knowing that Liu's insured occupation was inconsistent with the actual occupation, it did not exercise the right of discharge within 30 days, which did not meet the exemption of the above-mentioned legal provisions, and this defense of a property insurance company could not be established. A property insurance company shall bear the insurance liability in this case. According to the insurance policy and insurance terms, combined with Liu's disability grade and hospitalization medical situation, the judgment supports Liu's claim, that is, a property insurance company shall pay Liu 250000 yuan for accidental disability compensation, 30000 yuan for accidental injury medical expenses and 11600 yuan for hospitalization living allowance. The court of second instance held that] According to the facts found by the court of first instance, a property insurance company knew that Liu's insured occupation was inconsistent with his actual occupation when investigating Liu's work on February 1, 2018, but a property insurance company did not exercise the right of discharge within 30 days, the court of first instance found that a property insurance company's defense of not assuming insurance liability on the grounds that Liu did not truthfully inform the profession did not conform to the exemption situation stipulated in Article 16 of the the People's Republic of China Insurance Law, which had a factual basis, and the court maintained it. At present, it takes longer for a property insurance company to appeal and explain its follow-up investigation and approval process in the trial, which is not enough to be the reason for it to exercise the right of discharge beyond the legal time limit. The appeal of a property insurance company could not be established and the Court rejected it. Lawyer Advice] In the course of insurance business, it is inevitable that the policyholder fails to truthfully inform the insurance company about the subject matter of the insurance or the insured, in which case the insurance company has the right to unilaterally terminate the insurance contract, but the right of termination must be exercised within the statutory time limit. Through this case, it is recommended that insurance companies carry out regular business training on the Insurance Law and other relevant laws and regulations and common risks and precautions in business practice, so as to avoid failure to fulfill legal obligations, exceeding the legal time limit, etc., resulting in the inability to refuse compensation in accordance with the law and the trial. The adverse consequences of the inability to effectively defend.
2021-12-03
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
