Learn some law and avoid pitfalls: interesting and informative legal science
Sui Bing
124 thoughts
◆ Preface
p>Xuan Ke Xuan Ke, Chinese idiom, pinyin is zhào běn xuān kē, which means to read the text according to the book; to describe lectures, speeches, etc. that follow the text and lecture notes rigidly, without development or vividness. From "Dream of Western Shu".
◆ Why aren’t all human traffickers sentenced to death?
◆ Does "beyond suspicion" mean that bad guys get away with it?
Censorship, a term from Chinese pre-Qin philosophy, is a method used by Han Fei to test the correctness of knowledge. "Reference" means comparison, and "test" means verification. "Reference test" is to verify knowledge through examination and comparison.
◆ Does the intellectual property system allow a few people to legally "monopolize" knowledge?
Patent literally refers to exclusive rights and interests. The word "patent" comes from the Latin word Litterae patentes, which means a public letter or public document. It was used by medieval monarchs to prove certain privileges, and later referred to the exclusive rights certificate signed by the British king himself.
In modern times, a patent is generally a document issued upon application by a government agency or a regional organization representing several countries. This document records the content of the invention and creation, and is produced within a certain period of time. A legal state in which a patented invention can generally be implemented by others only with the permission of the patentee. In my country, patents are divided into three types: invention, utility model and design.
◆ Is the bankruptcy system a powerful tool for debt evasion?
A bankruptcy administrator refers to a specialized agency that fully takes over the bankruptcy property under the command and supervision of the court in a bankruptcy case and is responsible for its custody, liquidation, valuation, processing and distribution. In our country's current legislation, it is also called the "bankruptcy liquidation team". In bankruptcy cases, the management and liquidation of bankruptcy property is heavy and complicated. A large number of legal affairs are mixed with highly professional and technical non-legal matters, which is far beyond the human and material resources of the court. Moreover, the court, as an independent Judicial organs are of a public law nature, but the management, valuation, and distribution of bankruptcy property are matters of private law, and therefore should not be handled by the courts.
Although the target enterprise is not operating well, its industry prospects or industry advantages are still there, and there is hope for rebirth. At this time, under the auspices of the court, all relevant parties and the debtor reached an agreement to jointly help the company resume operations and get their money back after the company returns to profitability, achieving a win-win situation.
When the debtor becomes insolvent, creditors have the right to stop the transaction and stop losses through bankruptcy. Companies can be reborn through bankruptcy and reorganization.
◆ Is procedural justice valuable? Why would we rather have wrong results than legal procedures?
◆ Why are young children and mentally ill people not punished for killing people?
◆ There is no guarantee of winning in a lawsuit, is it because the lawyer is "black-hearted"?
Zero-sum game, also known as zero-sum game, is a concept in game theory and is a non-cooperative game as opposed to non-zero-sum game. A zero-sum game means that in a game, players lose and win, and what one party wins is exactly what the other party loses, and the total score of the game is always zero. Behind the glory of the winner is often the sadness and bitterness of the loser. Examples include gambling, futures, etc.
The idiom Yiyantang Pinyin y ī y á nt á ng explains the plaques used in old shops to indicate the same price. Now it is a metaphor for the leader's lack of democratic style, being arbitrary, and the feudal paternalistic style where one person has the final say. It also has the meaning of acting vigorously and resolutely, and keeping true to one's word
Our country's People's Courts are divided into four levels: the Supreme People's Court, the Higher People's Court, the Intermediate People's Court, and the Basic People's Court.
Two-instance final adjudication means that except for the first-instance judgment or ruling of the Supreme People's Court, which is the final judgment and ruling, other general cases can be heard by two levels of courts and then finally adjudicated.
Therefore, litigation is not about winning or losing. It's about maximizing your interests and minimizing your losses as much as possible. On the other hand, all lawsuits are also intended to educate people.
◆ Cannabis is a drug, why can it be “legalized” in some countries?
Why can marijuana be legalized in some countries?
1. Underground trading will breed a large number of violent crimes, and will also allow "hard drugs" such as cocaine to flood into the market.
2. The illegalization of drugs will lead to extremely high drug prices. In order to obtain drug funds, more people will obtain wealth through criminal means.
◆ Can’t make decisions about your own body? Why does the law restrict you from "self-harm"?
This sentence comes from "The Book of Filial Piety: Kaizong Mingyi", the original text: The hair and skin of the body are received by the parents and do not dare to damage them, which is the beginning of filial piety.
The opposite philosophy of Legal Paternalism is Libertarian Paternalism. While respecting individual freedom, influence individual behavior through institutions.
Legal paternalism is also known as "legal paternalism". It advocates that citizens' freedom or autonomy can be restricted regardless of their will in certain areas for their own benefit.
◆ Is the legal protection of property really equal?
◆ Chapter 2 Property Safe: Learn some laws to avoid pitfalls, understand some laws to stop losses
Reprinted from Book Friends
The principle of material exchange, also known as Known as the "Lockard Principle of Material Exchange," this theory was first proposed in the "Criminal Investigation Course" edited by the famous French investigative scientist Edmond Lockard in the early 20th century. This theory holds that the process of crime is actually a process of material exchange. The perpetrator, as a material entity, always has contact and exchange relationships with various material entities in the process of committing a crime; therefore, criminal cases Material exchange is widespread in China and is the main organism of criminal behavior. This is a law that does not depend on human will.
The meaning of the principle of material exchange
The material exchange involved in this theory is in a broad sense and can be divided into two types:
(1) Traceability Material exchange. That is, the exchange of surface forms that occurs after the human body comes into contact with an object. Such as fingerprints, footprints, traces of crime tools left at the crime scene, and bite marks and scratches caused by struggles.
(2) Physical material exchange can be divided into material exchange of tangible objects and material exchange of intangible objects. The former includes the exchange of microscopic objects and the exchange of macroscopic objects. The exchange of microscopic objects refers to the shedding and sticking of particles that occur during the crime process, such as the transfer of fibers and biological cells. The exchange of macroscopic objects refers to the particles left behind by the perpetrator. Items are brought to the scene or taken away from the scene; the latter mainly refers to the exchange of different gases, such as the exchange of toxic gases and non-toxic gases, the legacy of pungent odors, etc.
(3) Impression material exchange, the reflection of other people and related materials left in people's minds, is usually considered to be "impression traces". This kind of impression trace is mainly perceived through hearing, hearing and seeing. In the process of perception, the perceiver and the perceived are the objects of the exchange relationship, and the perception and the perceived are an exchange relationship. The impression traces produced in this exchange are mainly known through statements. With the development of science and technology, people's impression traces also do not need to be directly perceived by humans, but are "extracted" with the help of instruments and equipment. For example, Western countries have invented a method called "thermal imaging" to solve crimes. According to the principle of infrared radiation, as long as its temperature is higher than absolute zero, all objects will continuously emit infrared radiation to the surroundings, and therefore can be captured by an "infrared camera". therefore. When a criminal commits a crime, he inevitably leaves an "infrared thermal image" at the crime scene, which provides a basis for solving the crime.
We cannot know the crime process, but we can feel the smell of danger
◆ Why is the IOU you wrote despised by the judge?
◆ Why do lawyers never give cash when they borrow money?
◆ What should you do if you encounter "textbook cheating"?
Applying for Enforcement
In addition, in practice we often encounter situations where some scammers use shell companies as a cover to borrow large amounts of foreign debt and then hollow out the company.
Classification of defective equity
(1) Defective equity that is completely uninvested
Usually manifests as: capital verification agencies maliciously collude with shareholders, and shareholders do not provide any In the case of cash or in kind, they will issue a false capital verification report to deceive the company registration authority and obtain a business license; the banking department will provide false fund credit certificates to defraud the capital verification report and obtain the company's business license; shareholders will contribute capital in currency and issue a capital verification report. . After receiving the company's business license, the monetary funds contributed can be transferred directly from the bank's "special account" or the bank account of the capital verification agency back to its own account to be invested in its own company; shareholders can invest property that does not belong to them, such as machinery. Equipment, etc. are priced and invested, but after the company is established, the physical objects are not delivered to the company for actual possession and use; the shareholders agree that one shareholder contributes capital on behalf of another shareholder, and shareholders with empty shares cannot actually own the rights of shareholders, making many companies actually become One-person company.
(2) Defective equity with improper capital contribution
Defective equity with improper capital contribution refers to the failure of shareholders to fulfill all capital contribution obligations in accordance with the agreement or the company's articles of association or the time and time of capital contribution by shareholders. The method or capital contribution procedures do not comply with the requirements for registration matters approved by the company registration authority.
If after the company is established, it is found that the actual value of the physical objects, industrial property rights, non-patented technology, and land use rights used as investment is significantly lower than the value set in the company's articles of association or capital verification report; the capital contribution shall be in currency Shareholders who paid money to the company after a period of time after the company was established; shareholders who contributed capital in kind, industrial property rights, non-patented technology, and land use rights did not go through the transfer of property rights six months after the company was established; shareholders who contributed capital in kind or other forms Currency is used as a substitute for capital contribution, or if a monetary contribution is made, other property such as physical objects is used to replace capital contribution.
A dishonest person subject to execution refers to a person subject to execution who has the ability to perform but fails to perform the obligations specified in a valid legal document. Commonly known as "Lao Lai".
◆ Is a game account property? How to transfer, inherit and gift?
◆ What is "restricted capacity for conduct" in civil law? Can "naughty kids" spend money indiscriminately and recover it?
◆ What is unjust enrichment? What should I do if there is suddenly extra money in my account?
◆ Got the money before the lawsuit was settled? Under what circumstances can I apply for "prior execution"?
◆ How abhorrent is fancy plagiarism? How can I make the other party pay for plagiarism?
◆ Is there a good thing about "free lawyer"? Under what circumstances will someone help you pay for your legal fees?
The first type: intellectual property disputes
The second type: unfair competition cases
The third type: creditor’s right of revocation
The fourth type: clearly stipulated in the contract
The fifth type: local legal provisions
Condition: Must win!
Suppose your debtor maliciously refuses to repay the debt and sells his house and car to relatives at a low price, so that you cannot get the money. At this time, if you use traditional enforcement methods, you may end up with nothing, but if you exercise the "creditor's right of rescission" to cancel the debtor's contract to sell cars and houses, and then execute these houses and cars, it will be well protected. Creditors' interests.
It means that in civil activities, the will of civil subjects is independent and free, and is not subject to illegal interference by state power and other parties. That is to say, civil subjects decide the establishment, change and termination of civil legal relationships based entirely on their own subjective judgment without illegal external force.
◆ Is it as simple as signing a guarantee to give someone a guarantee? Is it really just a legend that I became destitute because of the guarantee?
◆ Chapter 3 Protect yourself with the law: You can be strong without muscles
◆ What is the correct posture for self-defense?
◆ How to effectively deal with online violence?
◆ How to safely tell the police officer "My lawyer will be here soon"?
Euphemistically express to the third party that the lawyer is required to intervene; do not talk casually; the core content must be dealt with by Tai Chi and left to the lawyer; do not confront the enemy head-on, and the relationship cannot become tense; the lawyer should intervene as soon as possible, and the earlier the better. It is advantageous; do not fall into the trap of repeated questioning, keep silent or slow down your speech when you are tired and annoyed; change the coercive measures as early as possible, as long as you are not detained, it can greatly reduce the psychological pressure and increase the efficiency of information communication; on the elements of the crime one by one To break through, you should also pay attention to pocket charges and deal with them in advance...
◆ Is the saying "try not to make a fuss when you can do it" correct? How much does it cost to hit someone?
◆ Is it good to be a legal representative? What should I do if my ID card is used fraudulently to register a company?
Chief Executive Officer (Chief Executive Officer) is a senior position title, referred to as CEO. He is the highest administrative person in charge of corporate groups, chaebols or administrative units and is responsible for administrative affairs.
The chief financial officer (also known as chief financial officer or financial director; English: Chief Financial Officer, English abbreviation: CFO) is the top executive responsible for finance in a business group or chaebol. There is no clear and authoritative explanation for the financial director in my country, and there is no unified understanding in the theoretical circles. The financial director of a business performs the financial functions of the owner. Theoretically, any company can set up a financial director, because this is the need of the company's owners to solve the problem of "insider control" and supervise the company's financial accounting activities. Therefore, the financial director must be determined by the owner or owner's representative of the enterprise.
◆ Will being a group leader also lead to anger? How do group owners protect themselves?
1. Make announcements to standardize the behavior of group members.
2. The group leader shall regularly monitor the content of group chats and have the responsibility to dissuade and verbally warn any content that may be illegal.
3. If persuasion fails, you can kick him out of the group chat.
4. Report to relevant departments and draw a clear line from criminal behavior.