Guangdong: civil code enters people's life like this
2021-11-17
The hammer sounded again and again, the score was determined again and again, and the webcast was broadcast again and again Since the promulgation and implementation of the civil code, the courts of Guangdong Province have fully and accurately implemented it, so that the civil code can really enter people's life. In the first three quarters of this year, the provincial courts concluded 893000 civil cases of first instance, a year-on-year increase of 13.2%. Safer environment In recent years, people have been injured by high-altitude throwing and falling objects all over the country, and the broad masses hate the "pain over the city". At 8:30 on January 4 this year, the people's Court of Yuexiu District, Guangzhou held a public hearing and pronounced a judgment in court on a dispute over liability for high-altitude parabolic damage, which was praised by the media as the "first case" in the implementation of the civil code. The cause of the matter was an "accident". On the afternoon of May 26, 2019, when Mrs. Yu, a resident of Guangzhou, was walking in her community garden, a bottle of mineral water fell from the sky, and the frightened Mrs. Yu fell and was injured. It turned out that this bottle of mineral water was thrown by Mr. Huang's child from the balcony on the 35th floor. Later, Mr. Huang compensated Mrs. Yu 10000 yuan. Mother-in-law Yu spent tens of thousands of yuan on treatment for more than two months and was identified as a grade 10 disability. Mr. Huang refused to pay the remaining expenses, and mother-in-law Yu sued the court. The court ruled that Mr. Huang should compensate more than 90000 yuan for medical expenses and spiritual damage. "The court clearly said 'no' to the high-altitude throwing behavior. Such a judgment makes the residents of the community feel more secure!" netizens left messages in the comment area of the live broadcast of the court trial. For cases involving the people's rights and interests in life and health, such as high-altitude parabolic, food safety and destruction of manhole covers, Guangdong courts shall clear the green channel and give priority to filing, trial and execution. Accurately apply the civil code and maintain the safety of the people "above the head", "on the tip of the tongue" and "under the soles of the feet". The Guangdong Court concluded 17 cases involving high-altitude parabolic objects in the first three quarters. The safety and environmental protection of living environment are closely related to the life and health of the people. The Shenzhen intermediate people's Court concluded the country's first civil public interest litigation case applying the green principle of the civil code, which was widely praised by all sectors of society. Shenzhen shenchao optoelectronics Co., Ltd. has discharged wastewater, waste gas and other pollutants exceeding the standard for a long time, which has seriously affected the daily life of surrounding residents. Organizations such as the Environmental Research Institute of source enthusiasts filed an environmental civil public interest lawsuit, requesting that the company be ordered to immediately stop infringement, eliminate risks and compensate for losses. "Article 9 of the Civil Code stipulates that civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment. Shenchao optoelectronics Co., Ltd. continuously discharged air and water pollutants exceeding the standard, causing environmental pollution and serious threat to the health of the people." Shen Ju, a responsible official, said during the discussion of the collegial panel. On January 27, the court ruled that shenchao optoelectronics company should immediately stop the infringement, eliminate the danger and compensate 10 million yuan for the cost of ecological environment restoration. "Accurately understand and apply the green principles of the civil code, punish the infringers who pollute the environment according to law, fully support the public interest litigation compensation claims of environmental protection organizations, and demonstrate the determination to protect the ecological environment and protect people's life and health through judicial decisions," said Xiao Shengfang, deputy to the National People's Congress and President of Guangdong Lawyers Association. Strengthen the concept of "ecological priority and green development", accurately apply the provisions of the green principles and green provisions of the civil code, and Guangdong courts have strengthened sanctions against all kinds of violations that damage the ecological environment according to law around environmental problems affecting people's lives and health, such as heavily polluted weather, black and smelly water bodies, garbage siege, noise pollution and so on, In the first three quarters of this year, 17000 environmental and resource cases were concluded, including 35 environmental public interest litigation cases. Highlight humanistic care "With the judgment of the court, Xiaohua (pseudonym) will be able to move into the welfare home immediately," said Xu Haiwen, an agent of Huangpu District Civil Affairs Bureau of Guangzhou. On the afternoon of July 22, the Huangpu District People's Court of Guangzhou made a judgment of first instance on a case applying for changing the guardian, changing Xiaohua's guardian to the District Civil Affairs Bureau. In August 2011, Xiao Hua, who was born shortly, was adopted by Wu and his wife. His adoptive parents died of illness. Wu's mother, grandma Chen, became Xiao Hua's guardian. Grandma Chen is nearly 80 years old. She has more than enough to raise Xiaohua, so she proposed to the street and civil affairs departments to change her guardianship. The District Civil Affairs Bureau filed an application for change to the court in May this year. Because grandma Chen is old, Li Dejun, a judge of Huangpu District Court, and personnel from the District Civil Affairs Bureau, procuratorate and street office came to grandma Chen's home to organize a hearing. "The civil code has established a multi-level security system of 'family guardianship as the main body, social guardianship as the supplement, and national guardianship as the bottom line'. Grandma Chen is old and voluntarily gives up her guardianship, allowing the Civil Affairs Bureau to act as the guardian is more conducive to the growth of children." Li Dejun introduced the case and popularized the law to everyone. With the cooperation of Huangpu District Court and civil affairs department, the guardianship is changed according to law to let the children grow up healthily. "When handling cases involving the protection of minors' rights and interests, we should fully consider the physical and mental development characteristics of minors, respect their human dignity, take into account their needs for continuing compulsory education and vocational education, so that the civil code can better protect their healthy growth." deputies to the National People's Congress, known as the "judge's mother" Chen Haiyi, a full-time member of the trial committee of Guangzhou intermediate people's court, said. In addition to highlighting the protection of minors, the elderly and other special groups, the civil code also emphasizes the comprehensive protection of personality rights. Because of dissatisfaction with housing quality, Mr. Lee has published many articles on his official account to express his views on the real estate company. The real estate company believed that Mr. Li had violated the company's reputation right, sued him to the Guangzhou Internet court and applied for an injunction on the infringement of personality right. The case became the first case of prohibition of personality rights in China. "Considering the possibility of infringement of personality rights, the balance of interests of the parties and the social and public interests, the application for injunction by the real estate company does not meet the conditions for injunction stipulated in article 997 of the civil code." Li Peng, the judge in charge of the case, believes that if the court makes an injunction, Mr. Li's right to comment as a house buyer will be seriously limited, It also triggered a bad demonstration that developers used the ban to prevent buyers from making relevant remarks. On January 4 this year, after a hearing, the court rejected the application of the real estate company according to law. "The ruling of the Guangzhou Internet court provides balanced protection for the legitimate rights and interests of both sides, reflecting the organic unity of freedom and the rule of law," said Shi Jiayou, a professor at the school of law of Renmin University of China. According to statistics, in the first three quarters of this year, the provincial courts concluded 1539 cases involving the protection of personality rights. We will fully protect the people's right to name, portrait, reputation and privacy, so that the people can have a better sense of quality, a more sustainable sense of happiness and a more secure sense of security. The new business forms are more orderly "Now the court session!" on May 21, the country's first case involving the infringement of "borrowed name" live broadcast virtual property was heard in Guangzhou Internet court. In 2016, Wang Yan (alias) registered his account with cool dog live by his ID number. After registration, he was used by his cousin Wang Han (a pseudonym). The live income was entered into the bank card of Wang Yan. The bank card was held by Wang Han, and the account number now has 306 thousand fans. Later, Wang Han applied to Fanxing technology company, the operator of kugou live broadcast, to change the account real name authentication information to himself, which was changed after verification by the company. Wang Yan believed that Fanxing technology company and Wang Han maliciously colluded to change the real name authentication of the account, violating their virtual property rights and interests, and appealed to the court. "When Wang Yan registered the account, he signed a user service agreement with the company, which only agreed that he had the right to use the account, and then he handed over the account to Wang Han, which constituted a breach of contract." after investigation, Feng Libin, the judge in charge of the case, believed that the company entered into a new contract based on the agreement with Wang Han, and re agreed that the right to use the live broadcast account and the income generated should be enjoyed by Wang Han, It conforms to the legislative purpose of Article 127 of the civil code on the protection of network virtual property. The court ruled that the company's change of real name certifier did not constitute infringement, and rejected Wang Yan's claim. "The court made it clear that the network virtual property created by the actual user's labor is protected by law, which is of positive significance to strengthen the network real name certification and promote the compliance development of platform economic innovation." Lu Xiaoming, Professor of Law School of Guangdong University of Finance and economics and director of civil Law Research Society of China law society, said. In the era of digital economy, new business forms emerge one after another. How to judge the ownership of virtual property? How is the delivery boy responsible for knocking others down? New types of cases test the ability and wisdom of judges to regulate economic life according to the civil code. In August this year, the people's Court of Xiangzhou District, Zhuhai made a judgment on a traffic accident liability dispute caused by the delivery of food by the delivery brother. Because the delivery brother Chen signed an employment labor contract with the delivery platform site company, it ordered the delivery platform to bear various losses totaling more than 390000 yuan. The judgment also states that if the delivery brother has gross negligence, the platform can recover from him. "In most cases, the takeout platform adopts a flexible employment mode, that is, 'outsourcing' or 'crowdsourcing'. The judiciary should ensure that workers in new business formats' go to the battle with light clothes' to adapt to the new characteristics of employment on the Internet platform. The nature of employment relationship should be determined according to the contract signed by both parties and the actual performance." Yang Qin, President of the environmental resources division of the higher people's Court of Guangdong Province, told reporters. The life of law lies in implementation. For the newly promulgated law, accurate implementation is particularly key. The civil code makes new provisions on many new business forms, new technologies and new problems under new scenes. To accurately implement them, we must learn deeply. To this end, Guangdong Courts Organized "five studies" in the form of leaders taking the lead, highlighting key studies, online and offline studies, focusing on practice and combining law popularization. In August 2020, Guangdong High Court held a special training course on the civil code, inviting judges of the Supreme People's court and well-known experts and scholars participating in the drafting of the civil code to give lectures, 178 video teaching points and 9015 policemen to participate in training, discussion and communication online and offline simultaneously. Data rights, network virtual property, artificial intelligence... New problems push the discussion on the learning scene to a climax. The reporter learned that the Guangdong High Court also comprehensively cleaned up 255 case handling guidance documents and 23 reference cases in the province to ensure that the civil trial guidance is consistent with the spirit and provisions of the civil code. Let the civil code go deep into the hearts of the people A court trial is a vivid "open lesson in the rule of law". On May 18, the second instance of Guangzhou intermediate people's court held a public hearing to hear a dispute over liability for motor vehicle traffic accidents caused by "good intentions to ride together". China's court hearing network, central video, micro-blog, jitter, and southern + 13 network media platforms participated in the live broadcast. This is the first live broadcast of the "court hearing of 100 court trials" in Guangdong court. The tiktok of the entire network was over 1 million 800 thousand people. "The live broadcast of the court's civil code trial is intuitive and easy to learn, which fills the blind spot of legal knowledge. We expect more and more such live broadcasts." netizens left a message after watching the live broadcast. Focusing on the cases around the people, the Guangdong court has started the "live broadcast of 100 court trials of the civil code" law popularization activity since mid May. More than 100 court trials have been broadcast in four months, which has attracted extensive attention from Xinhua news agency, CCTV and Hong Kong and Macao media. The total viewing volume has reached 14.673 million times. Internet users have actively participated in the interaction, praised 32000 times and posted 12000 posts. How to make the civil code really deep
Edit：Luo yu Responsible editor：Wang xiao jing
Source：People's Court Daily
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