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7票通过!美国要完了?特朗普怒吼:结果已定!
Sou Hu Cai Jing· 2025-10-08 17:27
2025年9月初,美国联邦上诉法院以7票对4票裁定特朗普政府依据《国际紧急经济权力法》征收的全球关税违法。 判决一出,特朗普在社交平台激烈回应,称此举将"彻底摧毁美国"。 白宫真正焦虑的,不是他的咆哮,而是那1847亿美元——这笔由财政部通过争议性关税征收的资金,极可能因判决生效而必须退还。 整部法律文本从未出现"关税"一词。 他却将这部用于制裁伊朗、封锁俄罗斯寡头的工具,强行套用于对欧盟钢铝、日本汽车、中国电子产品乃至法国红酒加征关税。 法院在100页判决书中逐条论证:总统越权。 这不是政治立场的胜利,而是法律文本的胜利。 工具错配,再用力也拧不动制度的螺丝。 挑起诉讼的并非跨国巨头,而是一家名为VOS的小型酒类进口商。 他们每年从欧洲进口数百万美元葡萄酒,因25%额外关税导致成本飙升、利润蒸发。 起初只是行政申诉,最终竟撬动整个美国贸易政策体系。 小人物的维权,意外成为制度自检的导火索。 法院态度罕见强硬。 过去数十年,总统以"国家安全"或"经济紧急"为由扩张行政权,司法系统多采取克制立场。 但这次,法官们直接否决。 这不是简单的财政纠葛。 这是对总统权力边界的直接拷问。 特朗普动用的是1977年通过的《 ...
赃款打赏的钱,主播要不要退?业界释疑直播打赏法律争议
Di Yi Cai Jing· 2025-09-10 10:29
Group 1 - The core issue revolves around the legal nature of tipping in live streaming, whether it is considered a gift or a consumption behavior [2][4] - The majority of courts currently support the view that tipping is a consumption behavior, establishing a service contract relationship between users and platforms, as well as between users and streamers [2][3] - There are differing opinions on whether the amount of the tip affects its legal nature, with some experts suggesting that high amounts should be analyzed for reasonable and unreasonable portions [3] Group 2 - The discussion on whether platforms and streamers should be liable for the recovery of illicit funds hinges on the classification of tipping as either a gift or a consumption behavior [4][6] - The principle of "good faith acquisition" is emphasized, suggesting that platforms and streamers should not be penalized for receiving tips if they were unaware of the funds' illicit nature [4][5] - In cases where one spouse uses joint property for tipping without consent, the legal rights of the other spouse must be balanced against the rights of the platform and streamer [5][6] Group 3 - The amounts involved in illicit tipping cases can be substantial, with reported maximum amounts reaching 23 million yuan and median amounts at 277,000 yuan, which can significantly impact the cash flow and operations of platforms and streamers [8] - Platforms express concerns about their rights to participate in legal proceedings, often being named as obligors without having a say in the litigation process [8][9] - There is a call for systemic reform in the handling of seized assets in criminal cases to ensure the rights of third parties, such as platforms, are protected [9]
原创作品被判定AI生成,平台怎么防止“冤假错案”
Xin Jing Bao· 2025-08-14 11:06
Group 1 - The core issue revolves around the misclassification of human-generated content as AI-generated, leading to significant consequences for creators [1][2] - A landmark case in Beijing highlighted the legal implications of such misclassification, where a user's comment was wrongly flagged as AI-generated, resulting in a court ruling that emphasized the need for platforms to provide reasonable grounds for their decisions [2][5] - The case reflects broader concerns about the role of algorithms in content moderation and the need for transparency and accountability in AI systems [3][4] Group 2 - The rise of AI-generated content has prompted educational institutions to implement strict regulations, such as AI detection thresholds for academic papers, which have proven to be inaccurate [3][4] - Recent regulations from Chinese authorities require AI models to label generated content, yet the complexity of real-world applications poses challenges for effective enforcement [4][5] - The balance of power and responsibility between platforms and users is crucial, as platforms are recognized as gatekeepers but must also be held accountable for their algorithmic decisions [5][6]
最高法为民企撑腰,严防趋利性执法
第一财经· 2025-08-13 01:00
Core Viewpoint - The article discusses the Supreme People's Court's recent guidelines aimed at addressing the issues of jurisdiction expansion and the artificial creation of cross-regional jurisdiction in cases involving private enterprises, emphasizing the need for procedural justice and transparency in the handling of such cases [2][5]. Group 1: Jurisdiction Issues - The guidelines stress the principle of "legal jurisdiction as the norm, designated jurisdiction as an exception," aiming to prevent profit-driven law enforcement and rectify the expansion of jurisdiction in cases involving private enterprises [2][5]. - There is a recognition that the expansion of jurisdiction and artificial cross-regional jurisdiction have become tools for local protectionism and channels for profit, with private enterprises viewed as lucrative targets [3][4]. - The improper handling of case-related assets is identified as a core issue, where jurisdiction serves as a seemingly legitimate opportunity for the mishandling of these assets [4][5]. Group 2: Enforcement Measures - The implementation of the Private Economy Promotion Law, effective from May, includes clear regulations on cross-regional law enforcement, requiring adherence to legal authority, conditions, and procedures [5][6]. - The Supreme People's Court and the Supreme People's Procuratorate have both emphasized the need for strict examination and legal handling of jurisdiction disputes to prevent illegal cross-regional law enforcement [5][6]. - Collaboration among various governmental and judicial bodies is highlighted as essential for addressing the prominent issues in law enforcement related to private enterprises [6][7].
一财社论:最高法为民企撑腰,严防趋利性执法
Di Yi Cai Jing· 2025-08-12 13:14
Group 1 - The core issue of jurisdiction expansion and artificial cross-regional jurisdiction lies in the handling of the property involved in the case, as jurisdiction merely provides a seemingly legal opportunity for improper disposal of the property [1][2] - The Supreme People's Court emphasizes the principle of "legal jurisdiction as the norm, designated jurisdiction as an exception" to prevent profit-driven law enforcement and to correct the expansion of jurisdiction in cases involving the private economy [1][3] - There is a need for transparency in the administrative and judicial environment, particularly regarding the return of confiscated assets to local departments after they are submitted to the national treasury [2] Group 2 - The implementation of the Private Economy Promotion Law since May has set clear regulations for cross-regional law enforcement, requiring adherence to legal authority, conditions, and procedures [3] - The Supreme People's Court and the Supreme People's Procuratorate have both highlighted the need for strict examination and legal handling of jurisdiction objections to prevent illegal cross-regional law enforcement [3][4] - Collaboration among various governmental bodies, including the judiciary and administrative agencies, is essential to address prominent issues in law enforcement related to enterprises [4][5]
武大这波争议,比判决更扎心的是沉默
Hu Xiu· 2025-07-31 14:09
Group 1 - The core issue revolves around a sexual harassment case involving a student at Wuhan University, which has escalated into a public controversy following a court ruling that dismissed the harassment claims [2][11][12] - The court found that the accused's actions did not meet the criteria for sexual harassment, leading to public outcry and questions about the university's previous disciplinary actions against the accused [3][17][18] - The university's initial decision to impose a penalty on the accused was seen as a response to public pressure rather than a reflection of the truth, raising concerns about the integrity of its actions [19][20][21] Group 2 - Several alumni from Wuhan University have faced significant challenges in their professional lives, reflecting a broader trend of struggles among graduates from the institution [27][45] - Notable cases include the chairman of a listed company facing legal issues that led to a temporary suspension from his role, and another alumnus whose business empire collapsed due to financial mismanagement [28][34][39] - The narrative of these alumni highlights the complexities of success and failure in the business world, particularly in the context of their educational background and the expectations associated with it [44][47]
武大这波争议,比判决更扎心的是沉默
凤凰网财经· 2025-07-31 13:19
Core Viewpoint - The article discusses the ongoing controversy surrounding Wuhan University, highlighting the tension between procedural justice and public opinion, as well as the struggles faced by alumni in the business world amid recent scandals [4][40]. Group 1: Legal Dispute and Public Reaction - A court ruling on July 25, 2023, dismissed all sexual harassment allegations made by a female student against a male student, leading to public outrage and questions about the university's previous disciplinary actions [3][12]. - The incident began in July 2021 when the female student recorded what she perceived as harassment, but dissatisfaction with the university's response led her to publicize her claims online, igniting a national debate [6][8]. - Following the court's decision, the female student announced her academic success and intentions to continue reporting the male student, which was interpreted as a declaration of victory in a perceived false accusation [14][16]. Group 2: Alumni Struggles - Several alumni from Wuhan University have faced significant legal and financial troubles, contrasting sharply with the university's prestigious reputation [25][40]. - Wang Linpeng, CEO of a listed company, faced a detention notice in April 2025, leading to a drop in stock prices, although he returned to work after the detention was lifted [27][28]. - Yu Lei, chairman of Tianfeng Securities, has been under investigation for alleged misconduct related to the company's IPO, reflecting the challenges faced by alumni in maintaining ethical standards [31]. - Ai Luming, a prominent alumnus, saw his business empire collapse due to financial mismanagement and regulatory scrutiny, culminating in bankruptcy proceedings for his company [36][39]. Group 3: Broader Implications - The controversies surrounding the university and its alumni raise questions about the integrity of educational institutions and their responsibilities in upholding justice and ethical standards [40]. - The article reflects on the broader societal implications of individual choices and the pressures of navigating complex moral landscapes in the business world [40].
高校行政人员的素质,决定你大学四年的痛苦指数
Hu Xiu· 2025-06-17 08:02
Group 1 - The article discusses the polarized views of university counselors among students, with some appreciating their efforts while others express frustration and dissatisfaction [2][3] - It highlights the inefficiencies and issues within the administrative systems of universities, suggesting that the quality of administrative personnel is often overlooked when students choose their schools [5][7] - The article emphasizes the importance of procedural justice in university administration, arguing that strict procedures can mitigate the negative impacts of poor administrative behavior [9] Group 2 - The narrative includes anecdotes illustrating the challenges students face with administrative processes, such as the difficulty in withdrawing from school and the arbitrary selection of class representatives [8][12] - It points out that the effectiveness of the administrative system significantly influences students' overall university experience, affecting their happiness and pain during their studies [7][12] - The article concludes by encouraging prospective students and their families to consider the administrative efficiency of universities when making enrollment decisions, as it can greatly impact their academic journey [17]
小区整层车位被“包场”,机关单位可以“先占先得”吗
Nan Fang Du Shi Bao· 2025-05-09 12:35
Core Viewpoint - The parking issue at Dongguan's Sena City Garden reflects a complex interaction between developers, government agencies, and residents, highlighting the gap between legality and rationality in urban governance [1][2]. Group 1: Legal and Regulatory Aspects - The Dongguan Municipal Bureau of Industry and Information Technology (工信局) has the legal right to lease parking spaces, as supported by the Civil Code and the Guangdong Property Management Regulations [1]. - However, the principle of "owner priority" was overlooked in this case, raising concerns about procedural justice and the credibility of the legal framework [1]. Group 2: Political and Ethical Considerations - The political nature of the Bureau's actions is significant; while legally justified, the presence of government vehicles in exclusive parking spaces during peak hours contrasts with the public service ethos [2]. - The Bureau should prioritize higher ethical standards than commercial entities, especially during times of public need [2]. Group 3: Proposed Solutions and Community Engagement - A preliminary plan suggests sharing 50-70 parking spaces with residents to alleviate parking difficulties caused by municipal construction [3]. - There is a need for better communication between government departments and local communities to prevent reliance on media exposure for information dissemination [3].
特朗普政府让步,恢复留学生身份,司法反转是喜是愁?
Nan Fang Du Shi Bao· 2025-05-01 14:24
Core Viewpoint - The administrative order from the U.S. Department of Homeland Security in April 2025 has plunged over 4,700 international students into an identity crisis, highlighting the arbitrary nature of policy enforcement and judicial processes in U.S. immigration history [1][2]. Group 1: Incident Overview - In March 2025, the Trump administration initiated a "criminal screening" operation targeting international students, resulting in the termination of SEVIS records for over 4,700 students since January 20, 2025, leading to loss of legal status and visa revocation [2][3]. - Many students were caught off guard, with some unaware of their SEVIS termination until notified by their schools, creating widespread panic within the international student community [2][3]. Group 2: Legal Response and Developments - In response to perceived injustices, international students began filing lawsuits against the Trump administration, with many judges siding with the students on grounds of "procedural injustice" [4]. - On April 25, 2025, the Trump administration temporarily restored the SEVIS records of some students, indicating a shift in policy following legal pressures, although concerns about ongoing risks remained [4][5]. Group 3: Ongoing Concerns and Future Implications - Despite some students regaining legal status, uncertainty persists as the government retains the authority to terminate SEVIS records for various reasons, leaving many students cautious and anxious [5][6]. - The incident has prompted some students to consider accelerating their graduation or transferring to institutions in other countries due to fears of further policy changes [6][8]. Group 4: Broader Context and Reactions - The incident reflects deeper issues within U.S. immigration policy under the Trump administration, which has focused on strict measures against both illegal and legal immigrants, impacting the academic environment [6][7]. - Prominent universities, including Harvard, have publicly opposed the government's actions, emphasizing the need to protect academic independence and constitutional rights [7][8].