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焦点访谈|民法典五年实践,守护民生温度
Yang Shi Wang· 2026-01-10 13:42
无锡市中级人民法院民事审判第一庭法官吴晓东:"当时案涉的电梯所在位置下面是一个围栏,电梯还没有装。起诉主要是104这一方,他们认为电梯装起来 以后对他们的通风采光有一定影响。" 案情并不复杂,小区里住在这一侧的高层业主在得到单元所有业主同意后,希望在楼栋边加装电梯;但对面居民楼的部分业主认为加装电梯后会影响到他们 的采光权和通风权,矛盾一直僵持着。 这种情况不只在无锡,在全国很多城市,老旧小区加装电梯的需求越来越普遍,可矛盾也由此产生,大多是高层居民有出行需求,但低层或相邻的居民担心 采光和通风,或者公摊面积的使用等会受到影响。 对于这类矛盾的处理,之前民法通则和物权法中都有相关的法律条文。2021年正式实施的民法典对这些内容进行了调整,将改建、重建建筑物及其附属设施 需要表决通过的业主人数,由原来的双三分之二降为过半数即可。 央视网消息(焦点访谈):2026年1月1日,是《中华人民共和国民法典》正式实施五周年。民法典是新中国成立以来第一部以法典命名的法律,它对我国制 定于不同时期的民法通则、物权法、合同法、担保法、婚姻法等,以及人格权方面的民事法律规范进行了全面系统的编订纂修,被称作"社会生活的百科全 书" ...
发出聘用函后又以“背调”结果不合标准取消录用 劳动者该怎么办?
Ren Min Wang· 2025-09-05 01:02
Core Viewpoint - A software development company in Shanghai was held liable for breaching the principle of good faith after rescinding a job offer to an applicant due to a background check result, leading to the applicant incurring significant losses [1][3][5]. Group 1: Case Background - The company issued a job offer to Mr. Zhang for a quantitative developer position on April 1, 2024, specifying the intended start date and salary [1]. - Mr. Zhang confirmed his acceptance and began preparations for the new job, including resigning from his previous position and relocating [1][2]. - On April 26, the company informed Mr. Zhang that his background check result was a "yellow light," which did not meet their hiring standards, leading to the cancellation of the job offer [1][2]. Group 2: Legal Proceedings - Mr. Zhang contested the background check result, arguing that the lawsuit record was from a civil rights protection case where he was the plaintiff, and thus should not be a valid reason for employment discrimination [2]. - The background check company later revised its assessment, suggesting that the civil lawsuit was of a lesser degree and recommended changing the result to a "blue light" [2]. - Despite this, the software company maintained its decision to rescind the offer, prompting Mr. Zhang to file a lawsuit for damages [2][3]. Group 3: Court Ruling - The court ruled that the company acted in bad faith by issuing a job offer and then rescinding it without just cause, which caused Mr. Zhang to incur various expenses [3][5]. - The court ordered the company to compensate Mr. Zhang a total of 13,200 yuan for his relocation costs, lost wages, and other related expenses [3][4]. Group 4: Implications for Employment Practices - The case highlights the importance of adhering to the principle of good faith in labor relations, emphasizing that a civil lawsuit record alone is not a legitimate reason to deny employment [5][6]. - Employers are advised to base hiring decisions on relevant job qualifications rather than on an applicant's legal history, as this could lead to legal repercussions [5][6].
“挂床住院”400多天、私自“放生”外来物种……最高法“点名”这些案例→
Yang Shi Wang· 2025-06-03 07:35
Group 1 - The case involves a traffic accident where the plaintiff, Yu, claimed compensation for 801 days of hospitalization, but 434 days were found to be "hanging bed" days without treatment [2][15][20] - The court determined that Yu's extended hospitalization was unjustified based on medical records, leading to a reduction in the claimed compensation [15][20][24] - The court emphasized the importance of honesty in civil activities and the negative impact of fraudulent claims on medical resources [24][25] Group 2 - The case highlights a growing trend of individuals seeking higher compensation through fraudulent hospitalization claims, which undermines the integrity of the legal system [22][24] - The court's ruling serves as a warning against dishonest practices in personal injury claims, reinforcing the need for evidence-based claims [24][25] - The ruling aligns with the principles outlined in the Civil Code, which mandates reasonable compensation for actual medical expenses incurred [15][24]
马上评|演出服“穿过就退货”的闹剧不该一再重演
Xin Lang Cai Jing· 2025-05-07 07:06
Core Viewpoint - The collective return of clothing by students from Shenyang Liaomei Vocational School highlights issues surrounding the "seven-day no-reason return" policy, raising questions about consumer rights and the integrity of the return process [2][3][5] Group 1: Legal Framework - The "seven-day no-reason return" policy is designed to protect online consumers, allowing returns without explanation within seven days of receipt [2] - However, the law stipulates that returned items must be in "good condition," meaning they should not be used or damaged, which the returned clothing clearly violated [2][3] Group 2: Ethical Considerations - The principle of good faith in civil activities is emphasized, indicating that consumers should act honestly, and the students' actions of returning used clothing contradict this principle [3] - The incident reflects a broader issue of social integrity, as exploiting return policies undermines trust in consumer transactions [3] Group 3: E-commerce Platform Issues - The e-commerce platform's reliance on algorithms for risk control led to a blanket ban on the merchant's store due to high return rates, indicating a flaw in the platform's operational mechanisms [3][4] - The lack of a manual review process for unusual return patterns can result in unjust penalties for honest merchants [3][4] Group 4: Institutional Responsibility - The school bears some responsibility for the incident, as the event should have been planned with consideration for costs and integrity education [3][4] - Previous similar incidents at other institutions suggest a pattern of exploiting return policies, indicating a need for better oversight and education on consumer rights [4] Group 5: Recommendations for Improvement - There is a call for legal clarification on "malicious returns" and increased penalties for exploitative behaviors to protect merchants [4] - E-commerce platforms should implement a hybrid review system combining artificial intelligence and human oversight to better manage return policies [4] - Schools should develop fair cost-sharing mechanisms for event-related expenses to prevent students from resorting to unethical practices [4]