The sixth batch of typical cases of Jiangsu courts promoting excellent traditional Chinese culture
#Contents#
Case I: The company shall compensate for the dismissal of the husband who asked for leave to take care of his critically ill husband
Case 2: Housing sales bypass the intermediary "skip the bill", and the court should "pay the bill"
Case 3: Selling bank cards for profit, actually committing a crime and going to jail
Case 4: Hiring someone to write the paper on behalf of others to save trouble and undermine academic integrity
Case 5: The small trees beside the grave have sustenance, and the responsibility should be borne for random damage
Case 6 We media released untruthful articles, and the court decided to apologize
Case 7: The elderly died from feeding small tomatoes, and the elderly care service company needs to compensate
Case 8 The developer's "hungry marketing" caused a major misunderstanding, and the housing sales contract was revoked
Case 9: Passengers who rush to the subway despite warnings bear the responsibility for injuries
Case 10: Relatives who are ill cannot be independently supervised, and the community jointly monitors and protects the rights and interests of the mentally disabled
picture
Case 1
He asked for leave to take care of his critically ill husband and was dismissed,
The court ruled that the company should compensate
Judgment matters:
Mr. Wang has worked in the company for many years and always abides by the company's rules and regulations. At the end of May, Mr. Wang asked for leave from the company to take care of his husband because he was rescued in a foreign hospital due to a sudden serious illness. On June 7, the company informed Mr. Wang that he was allowed to leave until June 13, and said that he would not accept the leave application after that. If he did not return to his post on time, he would be regarded as absenteeism. Wang said that her husband was still in the ICU for rescue and could not return to work at the time specified in the notice, and sent the picture of her husband in the rescue to the company director to apply for an extension of leave. The company disagrees with his application and urges him to return to his post. On June 22, the company dismissed Mr. Wang for being absent from work for more than 5 consecutive days. Hou Wang's husband died of illness. Wang applied for labor arbitration and asked the company to pay compensation for illegal termination of labor contract. The Arbitration Commission ruled in favor of Wang's request. The company objected to the ruling and sued to the court. The court held that Wang's failure to return to his post as required by the company for special reasons did not constitute a serious violation of the rules and regulations of the employer, and the company's unilateral termination of the labor contract was illegal, so the company was sentenced to pay compensation to Wang according to law.
Case value:
"In all things, people are the most important." When the husband is seriously ill, it is not only human nature for the wife to accompany him, but also fulfill the legal obligation to support him. In this special period, the company terminated the labor contract on the ground of absenteeism without reason, which made the worker lose his family and his job at the same time. The unilateral termination of the labor contract not only violated the spirit of the law, but also lacked due humanistic care for employees, and did not conform to the traditional ethics and good customs of the Chinese nation. The judgment of this case aims to remind the employing unit to exercise the management power reasonably, in good faith and tolerance, adhere to the people-oriented, humanized implementation of the management system, and strive to form a harmonious and friendly labor relations.
(Source of case: Qidong People's Court)
Case II
Housing sales bypass intermediary "skip the bill", and the court should "pay the bill"
Judgment matters:
Mr. Li registered his house for sale in a real estate intermediary company, and Mr. Zhang decided to buy Mr. Li's house after seeing the house accompanied by the staff of the intermediary company. Mr. Li, Mr. Zhang, and the intermediary company signed the House Purchase and Sale Deposit Contract, agreeing that the total price of the house was 970000 yuan, and orally agreed that the intermediary fee was 1% of the house price. Later, Mr. Li and Mr. Zhang privately skipped the intermediary company's self transaction and handled the housing transfer procedures. When the intermediary company knew about it, it appealed to the court and asked Mr. Li and Mr. Zhang to pay the intermediary fee. The court held that if the client, after accepting the intermediary's services, made use of the transaction opportunities or media services provided by the intermediary to bypass the intermediary to enter into a contract directly, it was an act of skipping orders and should pay remuneration to the intermediary. According to the law, Mr. Li and Mr. Zhang paid 9700 yuan as intermediary fees.
Case value:
"I will not take what I get if I lose my job." The real estate intermediary provides trading opportunities for both the buyer and the seller. Under the condition that the intermediary company performs its duties diligently, both the buyer and the seller should abide by the agreement of the intermediary contract. Honesty is the foundation for people to settle down, and also the value cornerstone for the development of market economy. It is both immoral and illegal to save intermediary fees. The judgment of this case warns people that when accepting intermediary services, they should not only safeguard their legitimate rights and interests, but also respect intermediary services and stick to the bottom line of integrity.
(Source of case: People's Court of Lianshui County)
Case 3
Selling bank cards for profit is actually a crime and requires imprisonment
Judgment matters:
Minor Xiao Hu cooperates with others to deal with bank cards and sell them for others to use for the payment and settlement of information network crimes. The bank card involved in the payment and settlement process is 4.53 million yuan. Xiao Hu made a profit of 1000 yuan from it and stole the balance of 50000 yuan from the card with his partner. The court held that Xiao Hu, knowing that others committed information network crimes, still provided help. The circumstances were serious and the amount of money and property stolen from others was huge, which constituted the crime of helping information network criminal activities and theft. He was sentenced to fixed-term imprisonment and a fine according to law.
Case value:
"No righteousness, no profit." The Chinese nation has always advocated that "a gentleman's righteousness is the essence", emphasizing that "injustice makes people rich and valuable, which is like floating clouds to me". Establishing a correct concept of justice and benefit is still an important issue in today's society, especially for the shaping of minors' values. At present, many information network criminals extend their "magic claws" to minors and throw out "bait" to make them sell bank cards for circulation of illegal funds. Some minors have a weak sense of the rule of law and lack of social experience, so they can easily take risks and become "tool men" of criminals. It is too late to regret when the crime is committed. Righteousness moves a gentleman, and profit moves a greedy person. The adjudication of this case is helpful to improve minors' awareness of information protection and risk prevention ability, and guide them to think for the benefit of others.
(Source of case: Jiangyin People's Court)
Case 4
Hiring someone to write essays on behalf of others is an attempt to save time, and it is not easy to undermine academic integrity
Judgment matters:
Since 2020, Mr. Ding has assigned Mr. Zhao the task of writing academic papers through WeChat, QQ and other means. After the writing is completed, both parties settle accounts, but there is still some unpaid remuneration. Zhao appealed to the court and demanded Ding to pay more than 110000 yuan. The court held that the agreement between the two parties to write essays and conduct transactions with money violated the principle of good faith and public order and good customs, so the interests obtained were not protected by the law, so the court ruled against Zhao's claim according to law.
Case value:
"Goodness cannot come from outside, and reputation cannot be made in vain." Rigorous scholarship and seeking truth from facts are the good learning style of the Chinese nation for thousands of years. Academic research must abide by academic ethics and uphold the spirit of science. The act of writing essays on behalf of others has seriously damaged the academic integrity environment, fostered bad habits such as opportunism, and is an academic misconduct that is explicitly prohibited by the state. It also violates the principles of integrity, public order and good customs stipulated in the Civil Code, and should not be protected by law. Academic achievements reflect personal thoughts and opinions, which require hard work and long accumulation, and can not be used to cheat. The judgment in this case denied academic misconduct, maintained academic order and dignity, and also warned academic researchers to seek truth, not to make false contributions, and not to admire false fame.
(Source of case: People's Court of Runzhou District, Zhenjiang City)
Case V
The small trees beside the grave have sustenance, and you should be responsible for any damage
Judgment matters:
Zhou and Lin are villagers in the same village. After Zhou's father died, Zhou buried his father in his ancestral grave. Zhou's ancestral tomb was adjacent to Lin's land. Lin was dissatisfied with Zhou because of the adjacent dispute. To vent his anger, Lin destroyed 15 newly planted small pines beside Zhou's ancestral tomb. The public security organ determines that Lin's act constitutes an illegal act of intentionally damaging others' property, and gives him a penalty of administrative detention for five days. Lin refused to accept the administrative punishment and filed an administrative lawsuit to the court. The court held that the administrative penalty imposed by the public security organ was in accordance with the law and was not obviously improper, so it rejected the claim.
Case value:
"The trees and trees die in autumn, and the pines and cypresses remain alone." In Chinese traditional culture, the pine trees mean to be evergreen. Planting pine trees beside the graves of ancestors is a form of memorial ceremony, which expresses the mourning for the ancestors and represents the feelings of remembrance and respect. The two lands of the villagers in the same village are adjacent. In case of disputes, they should have mutual understanding, rational dialogue and friendly consultation. Lin chose to destroy the pine trees bearing spiritual consolation beside the other party's ancestral graves to vent his dissatisfaction and escalate the contradiction, so he should bear the corresponding legal responsibility. The judgment of this case reflects the respect for the traditional Chinese etiquette and custom of respecting ancestors and following the distance cautiously, as well as folk customs and memorial culture, and also advocates the code of conduct of mutual respect, comity, mutual respect, friendship and mutual assistance in the handling of neighboring relations.
(Source of case: Xuzhou Railway Transport Court)
Case 6
We media released untruthful articles, and the court decided to apologize
Judgment matters:
Yang is a well-known We Media practitioner in the real estate field. He published many articles and videos on several We Media platforms, saying that a real estate management company concealed the demolition fact and swallowed the demolition dividend alone. The company's senior executive Qian had known about the demolition plan but deliberately concealed it. The article is accompanied with a picture of Qian, and uses words such as "hide one's ears and steal the bell", "wishful thinking", "no sympathy" and "too cruel" to make negative comments on Qian. Qian appealed to the court and asked Yang to apologize and compensate for the loss. The court held that Yang, as the operator of the We Media account, did not review the authenticity of the information he released, that is, he made negative comments on Qian and showed his photos. He read and played more than a thousand times, which led to the decline of the public's social evaluation of Qian's morality, reputation, talent, etc., and infringed on Qian's reputation. Therefore, according to the law, Yang made an apology to Qian and eliminated the impact.
Case value:
"Good words warm in three winters, bad words hurt in six months." Especially in the mobile Internet era, with the extensive use of We Media technology, everyone has a "microphone" and everyone is a news communicator. However, when individuals speak about public topics on the We Media platform, they use public discourse power, which should be regulated. We media platform is not an "illegal place" and cannot be a "foreign space" for publishing false information or attracting traffic eyeballs. The judgment of this case clarifies that we media have the obligation to review the relevant content of their own reports, guide us media practitioners to grasp the correct public opinion orientation and value orientation, and create a civilized and clear cyberspace.
(Source of the case: Suzhou Huqiu District People's Court)
Case 7
The pension service company needs to compensate for the death of the elderly caused by feeding small tomatoes
Judgment matters:
Sun's father had a history of cerebral infarction, which caused speech confusion, limb weakness, choking on drinking water, etc. An elderly care service company claimed that it was an elderly care institution integrating medical care, health care, nursing care and nursing care. Sun sent his father to the elderly care service company with his father's authorization, and agreed that the company would provide comprehensive life care including feeding for his father and develop personalized nursing measures and other secondary nursing services. One day, after feeding a whole tomato to the old man, the staff continued to feed milk without confirming that they had chewed and swallowed enough, and then walked away. The old man choked for many times but did not receive timely and effective first aid, resulting in choking death due to blockage of foreign bodies. Sun appealed to the court to request that the elderly care service company be held liable for compensation. The court held that the services provided by the elderly care service company and the emergency medical assistance after the event did not conform to the agreement, and there was a causal relationship with the death of the elderly, so the court ruled that the company should bear the main liability for compensation for the death of the elderly.
Case value:
"Stay where you are, secure your position, and be honest." As China's aging population continues to deepen, the demand for multi-level and diversified elderly care services continues to grow. The elderly care service company that combines medical care with nursing care actively responds to the above needs, realizes "medical care" in "nursing care", and solves many family life problems. However, the elderly care service company should fully consider the professional requirements of caring for the elderly, strictly enforce the sense of responsibility, and realize the professional care of "treating the disease with illness and maintaining health without illness" while providing considerate services. The judgment of this case helps to warn the elderly care service companies to standardize their elderly care services and improve their professional care ability, which is of positive significance for safeguarding the legitimate rights and interests of the elderly and promoting the realization of a sense of security for the elderly.
(Source of case: Shuyang County People's Court)
Case 8
Developers' "hungry marketing" has caused major misunderstanding,
The housing sales contract is canceled
Judgment matters:
Granny Li, who was in her seventies, wanted to use her savings of only 500000 yuan to buy a prosperous shop for her only son. The salesperson of a real estate company recommended a pre-sale shop after learning about the above situation, saying that the shop can be used in two layers. If the full payment is paid in one time, the minimum total price can be 550000 yuan (that is, 20000 yuan per square meter), and claimed that there would be no such discount in the future. Granny Li bought the shop with a lump sum payment on the same day. A few months later, Grandma Li found that the shop could not be separated into two floors, and there were problems such as load-bearing girders and fire pipelines that seriously affected the use of the house. There are few deals in this property, and the transaction price is between 3000 yuan and 7000 yuan. Granny Li appealed to the court to cancel the house sales contract. The court held that the salesperson of the real estate company did not truthfully inform the relevant situation, which caused the buyer to have a major misunderstanding when purchasing the house, and the unit price of the shop was far higher than other similar houses, which was obviously unfair. Therefore, the court ruled to cancel the house sales contract according to law, and the real estate company returned the purchase price and interest.
Case value:
"If you don't believe, you can't stand up. If you don't believe, you can't stand up." In traditional Chinese culture, honesty is regarded as the basic principle of being a person, the foundation of starting a business, and the foundation of developing a business. Only by providing the best service for customers with a sincere heart can we be stable and farsighted. The so-called "precision marketing", "hunger marketing" and other smart and tactical sales have won for a while, but not for a lifetime. This case warns enterprises to be honest and good faith when engaging in economic activities, and should not violate the principles of good faith and fairness.
(Source of case: People's Court of Dantu District, Zhenjiang City)
Case 9
Rush onto the subway despite the warning, and passengers will bear the responsibility for injuries
Judgment matters:
Zheng took a small luggage trailer with him on the subway. When the door of the subway was about to close, the yellow light in the carriage was flashing and there was a prompt sound, Zheng forced in, but some of the small trailers were still stuck outside the door, causing the subway door to pop open when it was closed twice. Zheng was injured and fractured while dragging the small trailer. Zheng appealed to the court to ask the subway company to assume compensation liability. The court held that Zheng forced himself to take the bus when the door was about to close, causing an accident. He was at fault, and the subway company had pasted eye-catching safety warning signs at the platform to fulfill its security obligations, so he did not have to bear responsibility. Therefore, the court decided to reject Zheng's claim in accordance with the law.
Case value:
"If you don't follow the rules, you can't become a square." It is a fine tradition that our country has inherited up to now to be clear about etiquette and law-abiding, and it is also a basic requirement to maintain social order. In recent years, accidents caused by taking subway and other means of transportation are not uncommon, which can not only save time, but also cause personal injury and property losses, even endanger public safety. Do not act on the basis of small evil. Social civilization and order depend on both the personal virtue of being good first and the public virtue of being good to others. The judgment of this case guides people to consciously abide by the rules in their daily life, and to show great virtue, abide by public morality, and be strict with private morality. They should not seek their own interests without regard to public safety.
(Source of case: People's Court of Liangxi District, Wuxi City)
Case 10
Relatives who are ill cannot be monitored independently,
Community joint guardianship guarantees the rights and interests of the mentally disabled
Judgment matters:
Feng was identified as a person without civil capacity because of intellectual disability caused by drugs when he was young. After his parents died, the court appointed his younger brother as his guardian. Later, Feng's younger brother could not perform his guardianship duties alone due to his own disease and other reasons, so he filed a lawsuit with the court, claiming that he had reached a guardianship agreement with the community neighborhood committee in Feng's residence, agreed that the community neighborhood committee should be responsible for the supervision of the use and disposal of his property as an auxiliary guardian, and requested confirmation that they were the joint guardians of Feng. The court held that both of them meet the conditions for guardianship, and both parties have reached an agreement to appoint them as joint guardians of Feng based on safeguarding the legal rights and interests of the ward and supporting his brother's lawsuit.
Case value:
"The journey of the great way is also a public journey." Vulnerable groups such as the mentally disabled are not only part of the family, but also a member of the human family. It is not only the ancient people's longing for an ideal society, but also the value pursuit of modern society to let "widows, widows, lonely people and disabled people all have their own support". When it is difficult for close relatives to monitor their relatives with intellectual disabilities alone, the neighborhood committee of the community will provide assistance to jointly monitor them. It is conducive to building a harmonious and loving social relationship by knowing responsibilities, shouldering responsibilities, and performing responsibilities. The judgment of this case not only highlights the judicial protection and humanistic care for people without civil capacity, but also provides a reference solution to the problem that close relatives cannot independently perform their guardianship duties.
(Source of case: People's Court of Nanjing Jiangning Economic and Technological Development Zone)
