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无证经营被罚500万?过罚不相当,撤销!成都法院发布“护企”典型案例
Sou Hu Cai Jing· 2025-07-23 18:10
Group 1 - The Chengdu Intermediate People's Court held a meeting focused on addressing administrative legal challenges faced by enterprises, with participation from 13 key companies across various sectors including culture, technology, commerce, and sports [1][3] - A significant administrative penalty case was discussed, where a small mushroom cultivation company faced a fine totaling nearly 5 million yuan for operating without a license. The court later deemed the penalty excessive and revoked it, citing the principle of proportionality [3][4] - The meeting established a closed-loop mechanism for addressing enterprise concerns, allowing for immediate responses to simple issues and a commitment to timely feedback for more complex problems [3][4] Group 2 - Representatives from over ten companies voiced concerns regarding high frequencies of administrative inspections, historical approval obstacles, and difficulties in credit restoration [4] - Suggestions included involving insurance companies as co-defendants in traffic accident disputes and balancing labor rights with corporate autonomy in labor disputes [4] - The meeting aimed to provide stable administrative guidance and government services for private enterprises through legal review of administrative actions [4]
员工拒绝“干3人活儿”被开除,法院判了!
中国基金报· 2025-07-11 08:23
Core Viewpoint - The court ruled that the company unlawfully terminated the employment relationship with the employee, ordering the company to pay 120,000 yuan in compensation due to the employee's excessive workload and refusal to take on additional responsibilities [1][3][4]. Group 1: Case Background - The employee, Ms. Gao, had been working at the company for over two years and was responsible for order entry for offline retail and some major clients [1]. - Following personnel adjustments, Ms. Gao's workload increased significantly, with the number of sales personnel she needed to coordinate rising from 18 to 52 [1]. - After another colleague's departure, the company requested Ms. Gao to take over the e-commerce order responsibilities, which she felt was unmanageable given her current workload [1][2]. Group 2: Legal Proceedings - The company claimed that Ms. Gao's refusal to take on the additional work constituted a serious violation of company policy, leading to her dismissal without compensation [2]. - The court found that Ms. Gao was already handling a full workload and her refusal to take on more work was justified, thus not qualifying as a "refusal of normal work handover" [2][3]. - The court emphasized that unilateral termination of the employment contract is a severe measure and should only be applied when the employee's actions are significantly serious [3][4]. Group 3: Court's Ruling - The court determined that the company's actions lacked legality and reasonableness, as Ms. Gao had already taken on additional responsibilities prior to her dismissal [3]. - The ruling reinforced that employees have the right to refuse additional work based on genuine workload concerns, and companies cannot simply terminate employment based on such refusals [4].
法院力挺哈佛再添一胜!特朗普政府落了下风要议和?
Di Yi Cai Jing· 2025-06-21 09:14
Core Viewpoint - Harvard University has won a preliminary injunction allowing it to continue accepting international students during the ongoing legal proceedings against the Trump administration's actions to block such admissions [1][3]. Group 1: Legal Proceedings - Federal Judge Allison Burroughs issued a preliminary injunction halting the Trump administration's efforts to prevent Harvard from accepting international students, allowing the university to maintain its admissions during the case [1][3]. - Harvard filed a lawsuit against the Department of Homeland Security after it revoked the university's certification to accept foreign students and process their visa applications, which affected approximately 7,000 international students [3][4]. - The judge noted that the federal government retains the right to review Harvard's eligibility to accept international students through normal legal procedures [3][4]. Group 2: Government Actions and Responses - The Trump administration attempted to block foreign students from entering the U.S. to study at Harvard through a new announcement, which Harvard challenged in court [4][6]. - Harvard's legal team argued that the Trump administration's policies violated the university's rights to due process and academic freedom, as well as the Administrative Procedure Act [6][7]. - The university expressed that the government's actions created an atmosphere of "profound fear, anxiety, and confusion" among international students [6][7]. Group 3: Future Implications - Harvard anticipates a more binding ruling from the judge in the coming days, while continuing to develop contingency plans for international students [4][5]. - If the Trump administration persists with its actions, the case may escalate to the Supreme Court, where Harvard is expected to have a strong chance of success based on constitutional grounds [7]. - Harvard is also pursuing a separate lawsuit regarding the suspension of federal funding by the Trump administration, with the first hearing scheduled for July 21 [7].
封禁破解版Switch2,任天堂为何雷声大雨点小?
Hu Xiu· 2025-06-18 10:40
Group 1 - Nintendo has updated its user agreement, warning that users who install pirated or modified devices may face severe consequences, including the potential for their Switch devices to become unusable, a condition referred to as "bricking" [1][3] - The bricking clause appears to be specific to U.S. users, as other regions, such as Japan and Germany, have less stringent penalties for similar violations [2][6] - The legal framework in the U.S. allows for some exemptions regarding the legality of jailbreaking devices for legitimate purposes, which contrasts with the more stringent measures Nintendo has implemented in its U.S. user agreement [3][5] Group 2 - The penalties outlined in Nintendo's user agreements vary significantly by region, influenced by local laws regarding consumer rights and contract freedom [6][7] - In jurisdictions with a focus on consumer protection, such as Germany and China, penalties for violations may be subject to a proportionality principle, which could challenge the severity of Nintendo's measures [6][9] - Nintendo's ultimate goal in enforcing these measures is to protect its commercial interests, and overly harsh penalties could alienate users and drive them towards competitors like Steam, Microsoft, and Sony [9][10]
再次施压哈佛,特朗普到底想干什么?
第一财经· 2025-05-27 11:22
Core Viewpoint - The article discusses the escalating conflict between the Trump administration and Harvard University, focusing on the implications for international students and the broader academic landscape in the U.S. [2][15] Group 1: Trump's Actions Against Harvard - The Trump administration has initiated a series of actions against Harvard, including freezing over $2.2 billion in federal funding and threatening to revoke the university's tax-exempt status [6][7]. - On May 22, the Trump administration announced the cancellation of Harvard's eligibility for the Student and Exchange Visitor Program (SVEP), effectively banning the university from enrolling international students [7][15]. - Harvard has responded by filing a lawsuit against the Trump administration, claiming that the government's actions violate the First Amendment and other federal laws, and have a "direct and devastating impact" on over 7,000 visa holders [7][8]. Group 2: Legal Implications and Harvard's Position - Legal experts suggest that Harvard has a strong chance of winning the case, as the Trump administration's actions may conflict with constitutional rights related to freedom of speech and academic freedom [9][15]. - The article highlights that the government's administrative measures must adhere to due process and proportionality principles, which may not be met in this case [8][9]. - The temporary restraining order issued by a federal judge indicates that the court may prioritize the protection of students' interests while reviewing the legality of the Trump administration's actions [8][9]. Group 3: Broader Implications for Higher Education - The conflict raises concerns about the future of international students in U.S. higher education, as they represent a significant source of tuition revenue and talent [15][16]. - The article notes that international students make up over 27% of Harvard's student body and contribute to the academic and financial vitality of U.S. universities [15]. - Experts warn that aggressive policies against international students could harm the U.S.'s global standing in higher education and its economic interests [15][16].