Workflow
民法典
icon
Search documents
聚焦民生“小事” 看民法典如何保护你我权益
Xin Hua Wang· 2025-05-27 09:01
新华社北京5月27日电 题:聚焦民生"小事" 看民法典如何保护你我权益 新华社记者冯家顺、罗沙 被誉为"社会生活百科全书"的民法典,与每个人的生活息息相关。 小区业主纠纷、职场性骚扰、"饭圈"文化治理……今年是民法典颁布五周年,最高人民法院近日发布的 相关系列典型案例中,有不少聚焦民生关键"小事",保护你我合法权益,推动民法典更好"典"亮千家万 户。 老房子加装电梯惹争议,怎么办? 老旧小区加装电梯,是关乎居民出行便利、居住品质提升的重要民生工程,同时也容易引发邻里争议。 江苏无锡某小区某单元徐某等全体业主一致签字同意本单元增设电梯,并于小区主要出入口及单元楼道 张贴意见征集单、公示、承诺及图纸等相关材料,公示期间没有人提出异议。随后,这个增设电梯的项 目取得了主管部门的审批手续并正式开工。 然而,住在该单元北楼的业主范某却不干了。范某认为,该电梯安装位置影响自家采光,就多次在加装 电梯施工现场阻碍施工,导致项目停工。徐某等业主把范某告上法庭,请求判令范某停止对加装电梯工 程的妨害行为。 案件办理法官介绍,依照民法典关于相邻关系的规定,相邻关系应当按照有利生产、方便生活、团结互 助、公平合理的原则处理,案涉住 ...
聚焦服务保障经济社会高质量发展 最高法发布实施民法典典型案例
Xin Hua She· 2025-05-27 07:52
Group 1 - The Supreme People's Court continues to implement typical cases of the Civil Code, focusing on protecting intellectual property rights and supporting the development of new productive forces, which aims to enhance the quality of economic and social development [1] - The case involving the unauthorized use of a person's voice highlights the legal recognition of voice as a personal right, establishing boundaries for new business models and technologies [2] - A case regarding malicious defamation by a customer against a business demonstrates the legal recourse available for businesses to protect their reputation and seek damages for harm caused by false statements [3] Group 2 - Additional typical cases include those related to the infringement of trade secrets in the electric vehicle chassis technology and civil public interest litigation concerning ecological damage, indicating a broader application of the Civil Code in various sectors [4]
更好保障人民美好生活需要!最高法发布“民法典颁布五周年典型案例”
Yang Shi Wang· 2025-05-26 02:34
Group 1 - The core viewpoint emphasizes the importance of the Civil Code in enhancing judicial efficiency and addressing public concerns, particularly in areas affecting daily life and rights protection [1] - The Supreme People's Court has released a series of typical cases to illustrate the implementation of the Civil Code, focusing on issues such as property rights, elder rights protection, and workplace harassment [1][4] - The cases highlight the judiciary's commitment to serving the public and ensuring that legal services meet the needs of the community [1][4] Group 2 - The case regarding the installation of elevators in old residential buildings underscores the significance of neighborly relations and the legal framework governing property rights, with a ruling favoring the majority of homeowners [2][3] - The court's decision reflects the balance between individual rights and community benefits, promoting a harmonious living environment [3][4] - The ruling serves as a precedent for similar disputes, reinforcing the principle of mutual understanding among neighbors [3][4] Group 3 - The case involving the installation of electric vehicle charging stations emphasizes the responsibility of property management companies to facilitate such installations, aligning with national energy-saving initiatives [7][8] - The court ruled that property management must support homeowners' rights to install charging facilities, reflecting a commitment to environmental sustainability [8][9] - This case illustrates the judiciary's role in addressing practical issues faced by residents, thereby enhancing their living conditions [9] Group 4 - The case concerning the elderly care service contract highlights the legal obligations of service providers to adhere to contractual agreements, particularly in the context of elder care [11][12] - The court's ruling mandates the return of prepaid fees to the plaintiff, reinforcing the importance of service quality in the elder care industry [12][13] - This case serves as a guideline for the development of the elder care sector, ensuring that the rights of senior citizens are protected [13] Group 5 - The workplace harassment case illustrates the legal framework surrounding employee rights and employer responsibilities, particularly in preventing sexual harassment [18][19] - The court upheld the company's decision to terminate an employee for violating established conduct rules, emphasizing the importance of a safe work environment [19][21] - This ruling reinforces the legal standards for workplace behavior and the protection of employees' dignity [21] Group 6 - The case involving online defamation among fans highlights the legal implications of social media interactions and the protection of personal reputation [23][24] - The court's decision to hold individuals accountable for defamatory statements reflects the judiciary's role in maintaining a respectful online environment [24][25] - This case sets a precedent for addressing online harassment and promoting responsible behavior among internet users [25][26] Group 7 - The traffic accident case involving an elderly worker emphasizes the need for legal protections for older individuals in the workforce, particularly regarding compensation for lost income [30][31] - The court's ruling supports the claim for lost wages, recognizing the ongoing contributions of older workers to the economy [31][32] - This case highlights the importance of safeguarding the rights of elderly individuals in labor-related matters, promoting their active participation in society [32][33]
传承中华美德 最高法发布实施民法典典型案例
Xin Hua She· 2025-05-25 05:47
Group 1 - The Supreme People's Court has released a series of typical cases related to the Civil Code on its fifth anniversary, focusing on traditional virtues such as bravery, filial piety, and honesty [1] - A case involving a person injured while performing a good deed highlights the court's stance on encouraging altruism, ruling that the beneficiary should provide appropriate compensation to the injured party [1] - Another case addresses the obligations of a media company towards its network anchors, where the court ruled against the company for infringing on the anchor's dignity and promoting unhealthy practices in the industry [1] Group 2 - A case concerning inheritance rights illustrates the consequences of neglecting filial duties, where a son who abandoned his parents was ruled to lose his inheritance rights due to his long-term neglect [2] - The court's decision emphasizes the importance of fulfilling familial responsibilities, as the son was deemed to have abandoned his parents, leading to a ruling in favor of the second-order heir [2]
民法典宣传月 |《民法典》中的税收
蓝色柳林财税室· 2025-05-24 01:37
Core Viewpoint - The article discusses the recent trends and developments in the tax policies and their implications for businesses in Chongqing, highlighting the importance of compliance and strategic planning for companies to optimize their tax liabilities [10][11]. Group 1: Tax Policy Changes - Recent adjustments in tax regulations have been implemented to enhance the business environment in Chongqing, aiming to attract more investments and support local enterprises [10]. - The local government has introduced various tax incentives, including reductions in corporate income tax rates for eligible businesses, which could lead to significant savings for companies operating in the region [10]. Group 2: Compliance and Strategic Planning - Companies are encouraged to stay updated on the latest tax regulations to ensure compliance and avoid potential penalties, which could impact their financial performance [10]. - Strategic tax planning is emphasized as a crucial aspect for businesses to leverage available incentives and optimize their overall tax burden, thereby improving profitability [10]. Group 3: Economic Impact - The changes in tax policies are expected to stimulate economic growth in Chongqing by fostering a more favorable business climate, which could lead to increased investment and job creation [10]. - The article suggests that businesses that effectively navigate the evolving tax landscape will be better positioned to capitalize on growth opportunities in the region [10].
用“最笨”的办法,解最硬的结
Ren Min Wang· 2025-05-23 00:56
Core Viewpoint - The article discusses a legal dispute regarding the responsibility for roof repairs in a residential building, highlighting the complexities of shared property ownership and the use of public maintenance funds. Group 1: Legal Dispute Overview - A resident, Mr. Li, is seeking compensation from the property management for roof repair costs amounting to over 19,000 yuan due to persistent leaks [2][3] - The judge, Wang Xiaxia, is mediating the case and has noted the shared ownership of the roof among all homeowners, complicating the determination of responsibility [3][4] Group 2: Mediation Efforts - The judge suggests considering the use of the building's public maintenance fund to cover the repair costs, aiming for a resolution that is acceptable to both parties [4][5] - Despite the judge's efforts to facilitate a settlement, the property management remains hesitant, and the situation is further complicated by the need for a professional assessment of the leak [3][5] Group 3: Community Engagement - The judge conducts a community education session to clarify homeowners' rights and responsibilities regarding shared property maintenance, which is crucial for gaining support for the proposed solution [10][11] - Following the educational efforts, a significant number of homeowners begin to support the use of the public maintenance fund, with two-thirds agreeing to sign, meeting the minimum requirement for fund usage [10][11]
民法典宣传月|《民法典》里的那些税事之合规经营篇
蓝色柳林财税室· 2025-05-21 14:13
Core Viewpoint - The article emphasizes the importance of the Civil Code of the People's Republic of China, particularly its relevance to tax regulations and compliance in business operations [3]. Tax Regulations Summary - Article 7 states that civil subjects must adhere to the principle of good faith in their activities [5]. - Article 86 mandates that profit-making entities must follow commercial ethics, ensure transaction safety, and accept government and social supervision [5]. - Article 19 of the Tax Collection and Administration Law requires taxpayers to maintain proper accounting records according to relevant laws and regulations [5]. - Article 24 specifies that taxpayers must keep accounting books and related documents for a prescribed period [5]. - Article 21 highlights the obligation of individuals and entities to issue and use invoices correctly during business transactions [6]. - Article 20 requires taxpayers to submit their financial and accounting systems for tax authority record [6]. - Article 23 mandates the installation and proper use of tax control devices by taxpayers [6]. - Article 60 outlines penalties for failing to install or improperly using tax control devices, with fines ranging from 2,000 to 10,000 yuan [7]. - Article 25 emphasizes the necessity for taxpayers to submit tax declarations accurately and on time [7]. - Article 31 states that taxpayers must pay taxes within the deadlines set by laws or tax authorities [8]. - Article 30 requires withholding agents to fulfill their tax withholding obligations [8]. - Article 6 mandates that taxpayers and withholding agents provide truthful information to tax authorities regarding tax matters [8].
民法典宣传月|《民法典》里的那些税事之资源税篇
蓝色柳林财税室· 2025-05-18 01:07
Core Viewpoint - The article discusses the tax-related provisions in the "Civil Code of the People's Republic of China," particularly focusing on resource tax and water resource tax, highlighting their implications for taxpayers and the environment [3]. Resource Tax - Resource tax applies to units and individuals developing taxable resources within the territory and jurisdiction of the People's Republic of China [5]. - Exemptions from resource tax include: - Crude oil extracted and transported for heating within the oil field [5]. - Coalbed gas extracted for safety production needs [5]. - Reductions in resource tax include: - 20% reduction for crude oil and natural gas extracted from low-yield oil and gas fields [5]. - 30% reduction for high-sulfur natural gas, tertiary oil recovery, and crude oil and natural gas from deep-water oil and gas fields [5]. - 40% reduction for heavy oil and high-viscosity oil [5]. - 30% reduction for minerals extracted from depleted mines [5]. - The State Council can exempt or reduce resource tax to promote resource conservation and environmental protection, subject to the approval of the Standing Committee of the National People's Congress [5]. Water Resource Tax - The water resource tax targets surface water and groundwater, excluding unconventional water sources such as recycled water, rainwater, seawater, and brackish water [6]. - Surface water encompasses dynamic and static water on land, including rivers, lakes, and water resource allocation projects [6].
新疆乌苏市市场监管局开展“民法典宣传月”活动 推动法治化营商环境持续优化
Zhong Guo Shi Pin Wang· 2025-05-17 04:04
活动中,普法志愿者还与企业相关负责人进行座谈交流,详细了解了企业合同签订、打假维权以及日常 应诉问题等情况,面对面解答企业在防范处置法律风险、妥善化解矛盾纠纷、健全完善公司治理等方面 的问题,采取现场答疑、以案释法等方式,切实帮助企业把好风险关。 新疆丝锦丝绸纺织有限公司法定代表人曾秉晖说:"这次'法治体检'给我们企业带来了新的思路,还丰 富和解答了在知识产权、合同签订、履行、变更等方面的困惑。我相信通过不断的学习,法治思路会更 加规范。" 为打造法治化营商环境,助力企业高质量发展,乌苏市市场监管局还组织开展了"'典'亮企航路 护企促 发展"座谈交流会,通过"知识产权﹢企业"转化案例,为科技型中小企业绘制"孵化级—成长级—样板 级"发展路线图,指导企业构建高价值专利培育体系,针对企业经营范围及行业特点,通过以案释法的 方式帮助企业应对侵权纠纷、对合同纠纷、法律援助等法律知识进行讲解,引导企业遇事找法,自觉做 诚实守信的践行者,促进企业诚信守法经营,为促进乌苏经济高质量发展营造良好法治环境。(杜志 锋,刘涛、马雪) 今年5月是第五个"民法典宣传月"。新疆维吾尔自治区乌苏市市场监管局强化党建引领,积极践行"实干 ...
北京启动2025年“民法典宣传月”系列活动
Xin Jing Bao· 2025-05-16 12:03
新京报讯(记者行海洋)5月15日,由中共北京市委全面依法治市委员会守法普法协调小组、北京市司 法局、北京市高级人民法院主办的2025年北京市"民法典宣传月"暨"送法进企业 '典'亮中关村"主题普法 活动举办。2025年5月是第五个"民法典宣传月",北京市将在全市范围内集中开展系列活动。 活动现场,丰台区司法局副局长姜琳琳、朝阳区人民法院法官徐小卉、长期参与基层普法的律师李小波 等代表,用"讲述图片故事"的形式,分享民法典应用故事。由北京市司法局、北京市法学会联合打造的 北京市法治宣传新品牌"百名法学家百场报告会——北京普法·名家大讲堂",在活动现场举办首场讲 座。中国法学会副会长、中国人民大学一级教授王利明,北京仲裁委员会/北京国际仲裁院委员兼秘书 长姜丽丽,围绕企业发展需求,分别从理论和实操层面授课。活动期间,法官、检察官、律师、公证员 等法律工作者,还在现场设立咨询台、服务点,提供涵盖合同纠纷、劳动用工、知识产权保护、税收政 策等方面的法律咨询服务。 今年5月是第五个"民法典宣传月",北京市将举办两场市级示范活动,即"送法进企业 '典'亮中关村"主 题活动以及在丰台区新发地村举办的"送法下乡"集中宣传活动 ...