Look at "Wandering Earth 2" with the law

2023-03-03

The film "Wandering Earth 2", with its grand narrative and exquisite emotion, has won public praise and box office double harvests, but also caused hot discussion among the audience. The film includes not only hard core technologies such as space elevator and Ark Space Station, but also many scenes involving legal knowledge. Let's enter the legal world in science fiction. Liu Peiqiang, played by Wu Jing in the film, stepped forward to solve problems many times during the trial training. His colleagues always remind him that he is still in the trial training period, without medical insurance, don't be impulsive. At this time, Liu Peiqiang was injured. Is it true that he can only pay for his own medicine? Let's analyze through real cases. Xiao Liu was employed by a logistics company, and both parties signed a three-year labor contract with a probation period of 1 month. The company wants to apply for social insurance for Xiao Liu after the probation period expires. After working for less than 20 days, Xiao Liu was injured in a car accident during the delivery of goods. When the company refused to declare the industrial injury, Xiao Liu reported the industrial injury to the local human rights and social security department. After being identified as an industrial injury, he went to the company to negotiate to solve the problem of industrial injury treatment. The company said that Xiao Liu's probation period has not expired and he is not a regular employee, and Xiao Liu has not paid the industrial injury insurance premium, so he should bear the industrial injury expenses by himself. Xiao Liu applied to the local labor and personnel dispute arbitration committee for arbitration. The arbitration commission held that the employer established a labor relationship with the employee from the date of employment, and it was the employer's legal obligation to participate in the industrial injury insurance for the employee, and the industrial injury insurance premium should be paid by the employer. The arbitration committee then supported Xiao Liu's claim. The Labor Contract Law of China stipulates that the employing unit shall establish a labor contract with the laborer from the date of employment, in which the probation period is included in the labor contract period. The law also stipulates that social insurance (including industrial injury insurance) is an essential clause of the labor contract. That is to say, workers are employees of the unit from the date of probation, and they also enjoy work-related injury treatment. Therefore, although Liu Peiqiang is still in the probation training period, the medical expenses incurred due to job injury can be compensated by applying for industrial injury insurance. Does the use of the deceased's portrait require the consent of relatives? The role of Liu Peiqiang's father-in-law "Han Ziang" in "Wandering Earth 2" is played by the late artist Wu Mengda using CG technology (computer animation). Does this restoration require the consent of Wu Mengda's relatives? Let's analyze through real cases. After a famous male singer died of illness, a WeChat official account published an article "What is the Cause of the Death of a Famous Male Singer", in which a photo of the male singer was pasted. The male singer's spouse believes that the use of the singer's portrait by the official account operating company has a commercial role in channeling its official account. The company's use of the deceased's photos without its permission constitutes an infringement, so it requires the defendant company to apologize and compensate for related economic losses, mental damages, consolation payments, etc. Under the auspices of the court, the two parties reached a settlement. After the official account operating company gave some compensation to the family members of the deceased, the plaintiff applied to withdraw the lawsuit. Article 994 of the Civil Code stipulates the protection of the personal interests of the deceased. If the name, portrait, reputation, honor, privacy, and body of the deceased are infringed, his spouse, children, and parents have the right to request the actor to bear civil liability according to law

Edit:Ying Ying    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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