Article 19 An interested party of a mental patient may apply to the people's court to declare the mental patient as a person without or with limited capacity for civil conduct. If a person is declared as a person with no or limited capacity for civil conduct by the people's court, the people's court may, on the application of himself or an interested party, declare him as a person with limited or full capacity for civil conduct according to his health recovery.
Article 88 The parties to a contract shall fully perform their contractual obligations. If the quality, time limit, place or price agreed in the contract are unclear and cannot be determined according to the relevant provisions of the contract, and the parties cannot reach an agreement through consultation, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with the national quality standards, there is no national quality standards, in accordance with the usual standards.
(2) If the time limit for performance is not clear, the debtor may perform its obligations to the creditor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given the necessary preparation time.
(3) Where the place of performance is unclear and payment is made in currency, it shall be performed at the place where the payee is located, or it may be performed at another subject matter where the obligation is performed.
(four) the price agreement is not clear, in accordance with the provisions of the state price; Where the state does not stipulate the price, it shall be implemented with reference to the market price or the price of similar goods or the remuneration standard of similar services. If the right to apply for a patent is not stipulated in the contract, the party who completed the invention-creation shall enjoy the right to apply. If there is no agreement on the right to use scientific and technological achievements in the contract, all parties have the right to use them.
Article 120 If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and he may demand compensation for losses.
Lecture 3: tutorial pages 284-285
Unit 3 People's Court's Answers to Several Questions about the Trial of Reputation Rights Cases (Excerpt) (1August 7, 993)
Seventh, Q: How to identify the responsibility for infringing the right of reputation?
A: Whether it constitutes the responsibility of infringing the right of reputation should be determined according to the fact that the victim's reputation is damaged, the actor's behavior is illegal, there is a causal relationship between the illegal behavior and the damage consequences, and the actor is subjectively at fault.
Insult or slander others in written or oral form, which damages their reputation, shall be regarded as infringement of their reputation right.
Without the consent of others, publishing other people's privacy materials in written or oral form or making others' privacy public, thus causing damage to others' reputation, shall be punished as infringement of others' reputation right.
If the reputation of others is damaged due to serious untrue news reports, it shall be treated as infringement of the reputation right of others.
Eighth, Q: How to determine whether the dispute over the right of reputation caused by writing and publishing critical articles constitutes infringement?
A: The people's courts should handle disputes over reputation rights caused by writing and publishing critical articles according to different situations:
The problems reflected in the article are basically true, and there is no content that insults others' personality, which should not be considered as infringement of others' reputation rights.
If the basic content of the article is untrue and damages the reputation of others, it shall be deemed as infringement of the reputation right of others.
Ninth, Q: How to determine whether the dispute over the right of reputation caused by literary works constitutes infringement?
A: The creation and publication of a literary work is not about a specific person in life, but the plot of the work is similar to someone in life, and it should not be considered as infringing on the reputation of others.
Literary works that describe real people and things, insult, slander or disclose privacy to specific people and damage their reputation; Or if the real name and address are not stated, but the facts are described by a specific person, and there are insulting, slandering or revealing privacy in the text, which causes damage to his reputation, it shall be deemed as infringement of the reputation right of others.
After the work is found to have infringed upon the reputation right of others or is told that it has obviously infringed upon the reputation right of others, my publishing unit shall issue a statement to eliminate the influence or take other remedial measures; Refusing to make a statement, taking other remedial measures or continuing to publish or publish infringing works shall be regarded as infringement.
Tenth, Q: How to grasp the form of responsibility for infringing the right of reputation?
A: According to Articles 120 and 134 of the General Principles of Civil Law of People's Republic of China (PRC), the people's court can order the infringer to stop the infringement, restore his reputation, eliminate the influence, make an apology and compensate for the losses.
Restoration of reputation, elimination of influence and apology can be done in writing or orally, and the contents must be reviewed by the people's court in advance.
The scope of restoring reputation and eliminating influence should generally be equal to the scope of adverse effects caused by infringement.
If a citizen or legal person claims compensation for the infringement of his reputation right, the infringer shall compensate the economic losses caused by the infringement; If citizens jointly request compensation for mental damage, the people's court may make a judgment as appropriate according to the degree of fault of the infringer, the specific circumstances of the infringement and the consequences of mental damage caused to the victim.
Eleventh, Q: What should the infringer do if he doesn't execute the effective judgment, restore his reputation, eliminate the influence and apologize to the other party?
A: If the infringer refuses to execute the effective judgment, restore the reputation of the other party, and eliminate the influence, the people's court may make public the main contents and relevant information of the judgment by means of announcement and newspaper publication, and the expenses shall be borne by the person subjected to execution, which may be handled in accordance with the provisions of Item 6 of Article 102 of the Civil Procedure Law.
Unit 4 Marriage Law of the People's Republic of China (Excerpt)
Article 2 A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be practiced. Protect the legitimate rights and interests of women, children and the elderly. Implement family planning.
Article 3 Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage. Bigamy is prohibited. Spouses are prohibited from living together with others. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
Article 4 Husband and wife should be faithful to each other and respect each other. Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations.
Lecture 4: tutorial pages 285-286
Law of People's Republic of China (PRC) on the Protection of Minors (Excerpt)
Article 5 The state guarantees that the person, property and other lawful rights and interests of minors are inviolable. Protecting minors is the common responsibility of state organs, armed forces, political parties, social organizations, enterprises and institutions, urban and rural grassroots mass autonomous organizations, guardians of minors and other adult citizens. Any organization or individual has the right to dissuade, stop or report or accuse violations of the legitimate rights and interests of minors to the relevant departments.
Article 10 Parents or other guardians shall educate minors with healthy thoughts, behaviors and appropriate methods, guide minors to carry out activities beneficial to their physical and mental health, and prevent and stop minors from smoking, drinking, wandering, gambling, taking drugs and selling.
Thirteenth schools should fully implement the national education policy, moral education, intellectual education, physical education, aesthetic education, labor education, social life guidance and adolescent education for underage students.
Article 14 Schools shall respect the right of underage students to receive education, and shall not expel underage students at will.
Fifteenth school and kindergarten staff should respect the personal dignity of minors, and may not impose corporal punishment, disguised corporal punishment or other acts that insult personal dignity on underage students and children.
Article 18 Minors who are sent to work-study schools for compulsory education according to relevant state regulations shall receive ideological education, cultural education, labor and technical education and vocational education.
Thirtieth no organization or individual may disclose the personal privacy of minors.
Article 31 No organization or individual may conceal or destroy the letters of minors; No organization or individual may open the letters of minors without legal capacity, except that the public security organs or people's procuratorates conduct inspections in accordance with the procedures prescribed by law in order to trace crimes, or their parents or guardians open them on their behalf.