举证责任分配
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政府信息公开有了新要求!最高法:相关诉讼要实质性回应 应公开的在20天内公开
2 1 Shi Ji Jing Ji Bao Dao· 2025-05-21 00:00
Core Viewpoint - The Supreme Court of China has issued an interpretation regarding the legal application of government information disclosure lawsuits, emphasizing that these lawsuits are classified as "payment lawsuits" requiring substantial responses from administrative agencies [1][2]. Group 1: Legal Framework - The interpretation clarifies that government information is categorized as public and must be disclosed within 20 working days following a court ruling [1][2]. - The interpretation aims to address issues where administrative agencies fail to disclose information even after a favorable ruling for the plaintiff, leading to repeated lawsuits [1][2]. Group 2: Burden of Proof - The interpretation specifies that the burden of proof lies with the defendant (administrative agency) when refusing to disclose information based on commercial secrets or personal privacy [3]. - Defendants must provide justification for public interest reasons and demonstrate how non-disclosure could significantly impact public interest [3]. Group 3: Practical Implications - There are concerns regarding the misuse of information requests by citizens, which can waste judicial resources and disrupt administrative processes [3]. - The interpretation aims to streamline the process and reduce frivolous lawsuits by clarifying the responsibilities of both parties involved in information disclosure cases [3].
家要散,家务劳动这笔账怎么算
Zhong Guo Qing Nian Bao· 2025-05-07 01:46
Core Viewpoint - The implementation of Article 1088 of the Civil Code in China allows one spouse to request compensation for household labor during divorce, leading to a growing recognition of the economic value of domestic work [1][2][3] Group 1: Legal Framework and Case Studies - The "household labor compensation clause" was enacted in 2021, allowing for compensation claims during divorce proceedings [1] - A study by Chen Xuezheng found that out of 241 cases analyzed, courts supported compensation requests in 45% of instances [1][2] - The first case in Shandong highlighted the lack of awareness about this legal provision among many individuals, particularly those without legal representation [2] Group 2: Challenges in Proving Household Labor - Proving the extent of household labor and determining compensation amounts are significant legal challenges [3][4] - Many cases involve dual-income households where responsibilities are not clearly defined, complicating the determination of who bears more household duties [3][4] - The recognition of household contributions by the other party is crucial for successful claims, as seen in Ma Xiaoli's case where the husband acknowledged her contributions [5][6] Group 3: Compensation Determination - Compensation amounts vary widely, with cases ranging from 3,000 to 300,000 yuan, but most fall between 10,000 and 50,000 yuan [8][9] - Judges consider various factors, including the duration of marriage, the economic situation of both parties, and the nature of household contributions when determining compensation [7][8][12] - The lack of a standardized formula for calculating compensation leads to subjective judgments by judges, reflecting the unique circumstances of each case [8][10][12] Group 4: Future Considerations - The upcoming legal interpretations set to take effect in 2025 aim to provide clearer guidelines for determining compensation amounts, considering factors like time, effort, and local income levels [12] - There is a call for a more unified approach to reduce disputes over compensation amounts and to maintain family harmony [12][13]