Workflow
惩罚性赔偿制度
icon
Search documents
打击旅游市场强制消费,不能只靠行政处罚
Sou Hu Cai Jing· 2025-09-26 13:29
近日,文化和旅游部公布2025年第三批旅游市场强制消费问题典型案例,通报了隐瞒购物行程、负团费接 待、导游强迫购物等违法违规行为,以规范旅游市场秩序。媒体梳理发现,今年以来,文化和旅游部已先 后三批共通报48起典型案例,涉及强迫购买自费项目、胁迫购物等多类情形。 旅游行业强制消费问题由来已久。近年来,从中央到地方,有关部门多次出台严厉举措打击这类行为。披 露典型案例,能够反映问题,警示从业者。值得注意的是,每一批次的典型案例反馈的问题差不多,只是 套路有所差异。此次披露的案例中,除了常规的操作,比如以非常直接的方式告知游客,不消费够金额就 不能回酒店,还有一种强制消费的方式较为特别,即导游软磨硬泡,与游客反复拉锯,不达目的不罢休。 有游客反馈,"在旅行过程中,导游将我们带到金饰店、玉石店等,每个店不待够两小时不能出去。" 针对各种强制购物行为,地方监管部门基本上还停留在"舆情应对"阶段。很多时候事件关注度高,成为舆 论热点话题,对地方形象产生比较恶劣的影响,惩罚就会来得比较严厉。比如导游的某句"雷语",一旦点 燃舆论,监管部门的跟进会较为积极。就在近日,某导游因辱骂不购物游客是"死猪不怕开水烫",表示自 己" ...
马肉冒充驴肉,供应商获刑又赔偿
Xin Jing Bao· 2025-09-22 04:20
Core Viewpoint - A criminal and civil public interest lawsuit was filed against a supplier for selling counterfeit products, resulting in a prison sentence and significant fines, highlighting the importance of food safety and consumer protection in the industry [1][4][6]. Group 1: Case Details - The supplier, Zhang, was found guilty of selling horse meat disguised as donkey meat, which he did to increase profits after initially providing a mix of both [2][3]. - Zhang paid the restaurant's chef a kickback of 1-2 yuan per kilogram, totaling approximately 600 yuan per month, to facilitate the fraudulent sales [2]. - The restaurant was penalized for selling unverified donkey meat and failing to provide necessary documentation, leading to administrative sanctions [2][4]. Group 2: Legal Proceedings - The case was escalated to the public interest litigation department after it was determined that the actions harmed food safety and public interest [4][6]. - The total sales amount of unverified donkey meat sold by the restaurant was approximately 807,993.85 yuan, with both parties violating food safety laws [4][6]. - The court sentenced Zhang to 18 months in prison (suspended for 18 months) and imposed a fine of 90,000 yuan, along with a punitive compensation of over 800,000 yuan to be paid jointly with the restaurant [6][8]. Group 3: Implications for Food Safety - The case underscores the risks associated with selling uninspected meat, including the potential spread of zoonotic diseases and contamination from harmful substances [5][6]. - The public interest litigation aims to deter similar illegal activities and enhance consumer confidence in food safety [7][8]. - The prosecution emphasized the need for strict regulatory measures and accountability in the food industry to protect consumer rights and ensure food safety [8].
以马肉冒充驴肉,北京一供货商被刑事追责并惩罚性赔偿80万余元
Xin Jing Bao· 2025-09-21 08:20
Core Viewpoint - A criminal and civil public interest lawsuit was filed against supplier Zhang for selling counterfeit products, resulting in a prison sentence and significant financial penalties [1][4]. Group 1: Case Background - Zhang, a meat supplier for a restaurant, began collaborating with the chef in January 2023, offering kickbacks of 1-2 RMB per kilogram, totaling over 600 RMB monthly [2]. - To increase profits, Zhang started substituting horse meat for donkey meat, which was sold at a higher price, leading to significant financial gains [2][3]. - The restaurant was later found to be selling uninspected donkey meat, resulting in administrative penalties [2][4]. Group 2: Legal Proceedings - The case was transferred to the Stone District Prosecutor's Office in September 2024, where it was determined that the actions violated food safety laws and harmed public interests [4][6]. - The prosecutor's office conducted thorough investigations, revealing that the restaurant purchased uninspected meat worth 807,993.85 RMB from Zhang over a 14-month period [4][6]. - This case marked a precedent for criminal civil public interest lawsuits in Beijing, with prosecutors seeking punitive damages based on the sales amount [4][6]. Group 3: Sentencing and Penalties - On August 20, 2025, the court sentenced Zhang to 18 months in prison (6 months suspended) and imposed a fine of 90,000 RMB [1][6]. - Zhang and the restaurant were ordered to pay over 800,000 RMB in punitive damages and publicly apologize [1][6]. - The case emphasizes the importance of food safety and the legal consequences of violating regulations, aiming to deter similar future offenses [5][6].
侵权《德云斗笑社》《长相思》,快手被判赔8910万
Yang Zi Wan Bao Wang· 2025-08-25 08:11
Core Viewpoint - Recent court rulings in Guangdong and Chongqing have imposed significant punitive damages on Kuaishou for copyright infringement of popular shows, signaling a stronger judicial stance on intellectual property protection in the short video industry [1][2][4]. Group 1: Court Rulings and Damages - Kuaishou was ordered to pay 60 million yuan for infringing on "De Yun Dou Xiao She" and 29.1 million yuan for "Chang Xiang Si," with both cases applying a 1x punitive compensation due to severe infringement [1][2]. - The courts emphasized the need for short video platforms to implement effective measures to prevent copyright infringement, including filtering and blocking [1][4]. Group 2: Infringement Patterns - The short video sector has become a hotspot for piracy, with new films and TV shows being pirated almost immediately after release, often through segmented uploads [2][3]. - In the case of "De Yun Dou Xiao She," Kuaishou's official account posted over 2,000 infringing videos during the show's airing, with many remaining unaddressed for over seven working days [2][3]. Group 3: Industry Impact and Responses - The high compensation amounts reflect the courts' recognition of the value of quality content, which is crucial for encouraging investment in the cultural industry [5][6]. - The judicial decisions are seen as a strong deterrent against large-scale and malicious infringement, aiming to restore a healthy copyright ecosystem [5][6]. Group 4: Regulatory and Policy Context - The "Jian Wang 2025" initiative focuses on strengthening copyright protection for audiovisual works, targeting illegal distribution and enhancing platform accountability [7]. - The Supreme People's Court has highlighted the importance of punitive damages in deterring serious intellectual property violations, with a notable increase in such cases in recent years [6][7].
硅谷观察 | 详解特斯拉2亿美元天价赔偿案,马斯克吹过的牛都成为了证据
Xi Niu Cai Jing· 2025-08-04 08:57
Core Points - Tesla has been ordered to pay $243 million in damages for its first loss in a lawsuit related to its Autopilot system, marking a significant legal precedent for future similar lawsuits [2][15] - The jury found Tesla responsible for one-third of the liability in a fatal accident that occurred in Florida in 2019, where the driver was distracted while using the Autopilot feature [2][10] - The compensation includes $43 million in compensatory damages and $200 million in punitive damages, which Tesla plans to appeal [2][4] Legal Context - The punitive damages awarded are part of the unique U.S. legal system, which allows for significant additional compensation in civil lawsuits, particularly against large corporations [4] - Punitive damages are intended to punish defendants for malicious or grossly negligent behavior and to deter similar actions in the future [4] Marketing and Liability Issues - The case highlighted how Elon Musk's past statements about the Autopilot system were used as evidence against Tesla, suggesting that the marketing may have misled consumers about the system's capabilities [7][11] - The jury's decision was influenced by the perception that Tesla's marketing implied the Autopilot system could operate autonomously, despite it being a Level 2+ advanced driver-assistance system [21][23] Implications for Tesla - This ruling could lead to an increase in similar lawsuits against Tesla, as it sets a precedent for holding the company partially liable for accidents involving its Autopilot system [15][19] - Tesla has faced over twenty similar lawsuits in the past, but this is the first time it has been found liable in court [15][19] - The ongoing legal challenges and potential regulatory scrutiny could impact Tesla's operations and market perception, especially in California, where it faces additional lawsuits regarding misleading marketing practices [23][25]
详解特斯拉2亿美元天价赔偿案,马斯克吹过的牛都成为了证据
创业邦· 2025-08-04 03:35
Core Viewpoint - Tesla has been ordered to pay $243 million in damages for its role in a fatal accident, marking the company's first loss in a lawsuit related to its Autopilot system, which may set a precedent for future litigation [5][6][24]. Summary by Sections Lawsuit Outcome - A federal jury in Miami found Tesla partially responsible for a 2019 fatal accident, assigning one-third of the blame to Tesla and two-thirds to the driver [7]. - The jury awarded $129 million for pain and suffering, with Tesla's share amounting to $43 million in compensatory damages and $200 million in punitive damages, totaling $243 million [8][10]. Legal Context - The punitive damages in the U.S. legal system can be substantial, often exceeding actual damages, aimed at deterring malicious behavior [10]. - Tesla plans to appeal the decision, which may lead to a reduction in the punitive damages awarded [10]. Incident Details - The accident involved a Tesla Model S driven by George McGee, who was distracted while picking up a dropped phone, resulting in a collision that killed one passenger and severely injured another [14][16]. - The plaintiffs argued that Tesla's marketing of the Autopilot system misled drivers into believing it was fully autonomous, despite it being in a beta testing phase [16][22]. Marketing and Misrepresentation - Elon Musk's past statements about the capabilities of Autopilot were central to the case, with claims that the system could surpass human driving abilities being cited as misleading [18][19]. - The court found that Tesla's marketing practices contributed to the misunderstanding of the Autopilot's functionality, leading to the accident [22][30]. Implications for Tesla - This ruling could encourage more lawsuits against Tesla, as it is the first time the company has been held liable in such a case [24]. - Tesla has faced over twenty similar lawsuits in recent years, but most have been settled out of court [24][26]. Regulatory Scrutiny - Tesla's Autopilot and Full Self-Driving (FSD) systems have been under scrutiny from regulatory bodies due to safety concerns, with reports indicating numerous accidents involving these systems [28][30]. - California's DMV has initiated legal actions against Tesla for misleading advertising regarding Autopilot and FSD, which could impact Tesla's operations in the state [33].
特斯拉2亿美元天价赔偿,马斯克吹过的牛都成了证据
Hu Xiu· 2025-08-04 01:25
Core Points - Tesla has been ordered to pay $243 million in damages for its first loss in a lawsuit related to its Autopilot system, marking a significant legal precedent for future similar cases [1][2][26] - The jury found Tesla responsible for one-third of the liability in a fatal accident that occurred in Florida in 2019, where the driver was distracted while using the Autopilot feature [3][12] Group 1 - The jury awarded $129 million for the plaintiff's pain and suffering, with Tesla's share of compensatory damages amounting to $43 million, in addition to $200 million in punitive damages [4][26] - Tesla plans to appeal the decision, claiming that the ruling is erroneous and detrimental to automotive safety advancements [5][9] - The case highlights the unique punitive damages system in the U.S., which can impose significant additional penalties on corporations for malicious or grossly negligent behavior [7][8] Group 2 - The accident involved a driver who was distracted by a dropped phone while using the Autopilot system, leading to a collision that resulted in fatalities [14][15] - The plaintiffs argued that Tesla's marketing of the Autopilot feature misled consumers into believing it was fully autonomous, despite it being a Level 2+ advanced driver-assistance system [16][34] - Elon Musk's past statements regarding the capabilities of Autopilot were central to the case, with the jury considering them as evidence of misleading marketing practices [18][20][24] Group 3 - Tesla has faced over twenty similar lawsuits in recent years, but this is the first instance where it has been found partially liable for an accident involving its Autopilot system [26][27] - Regulatory scrutiny has increased regarding the safety of Tesla's Autopilot and Full Self-Driving (FSD) systems, with reports indicating numerous accidents linked to these technologies [32][33] - The California DMV has initiated legal action against Tesla for false advertising related to Autopilot and FSD, which could lead to significant operational impacts if a ruling is made against the company [36][37]
详解特斯拉2亿美元天价赔偿案,马斯克吹过的牛都成为了证据
Xin Lang Ke Ji· 2025-08-04 00:50
Core Viewpoint - Tesla's liability in a fatal accident has been established, marking a significant legal precedent for future lawsuits related to its Autopilot system [1][2][16]. Group 1: Legal Proceedings and Outcomes - A federal jury in Miami found Tesla partially responsible for a 2019 fatal accident, ordering the company to pay a total of $243 million in damages, including $200 million in punitive damages [2][4]. - The jury determined that Tesla was one-third responsible for the accident, while the driver was deemed two-thirds responsible [2]. - Tesla plans to appeal the verdict, claiming significant legal errors during the trial [2][4]. Group 2: Marketing and Public Perception - The case highlighted Elon Musk's past exaggerated claims about the safety and capabilities of the Autopilot system, which were used as evidence against Tesla [7][10]. - Musk's statements, such as describing the Autopilot system as having "superhuman" capabilities, were cited to argue that Tesla misled consumers about the system's functionality [11][14]. - The marketing of Autopilot as an "automatic driving" system has been criticized for implying full autonomy, despite it being a Level 2+ advanced driver-assistance system [23][25]. Group 3: Implications for Tesla and the Industry - This ruling could lead to an increase in similar lawsuits against Tesla, as it sets a precedent for holding the company accountable for its marketing practices and product safety [16][21]. - The case has drawn attention to the regulatory scrutiny Tesla faces regarding the safety of its Autopilot and Full Self-Driving (FSD) systems, which have been linked to numerous accidents [21][23]. - The ongoing legal challenges and potential penalties could significantly impact Tesla's operations and financial performance, especially if further lawsuits arise [20][27].
国家知识产权局:从制度层面解决商标恶意抢注
news flash· 2025-07-17 02:57
Group 1 - The National Intellectual Property Administration (NIPA) aims to address malicious trademark registration and hoarding issues through institutional reforms during the 14th Five-Year Plan period [1] - NIPA plans to complete a comprehensive revision of the Patent Law and establish a high-standard punitive compensation system [1] - The focus will be on revising the Trademark Law to tackle deep-seated contradictions and problems related to malicious registration and invalid trademarks [1]
2024年北京适用惩罚性赔偿的知产案同比增长近八成
Ren Min Wang· 2025-04-27 00:21
Group 1 - In 2024, Beijing courts received 58,227 intellectual property cases and concluded 67,075 cases, addressing complex and widely concerned issues [1] - The courts clarified the preliminary evidential effect of data intellectual property registration certificates in unfair competition disputes [1] - The number of cases applying punitive damages increased by 76.9% in 2024, with the highest compensation amount reaching 70.56 million yuan [1] Group 2 - In 2024, Beijing courts concluded 3,514 patent cases related to key core technologies and emerging industries, with high efficiency in first-instance patent trials [2] - The collaboration between administrative and judicial protection has been enhanced, resulting in a reduction of over 5,900 lawsuits from the source [2] - The monthly average of trademark administrative dispute first-instance cases decreased by 12.5% due to improved mechanisms [2]