Wednesday , February 8 2023

Passengers are placed in the Civil Code "East Fortune Network" code



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The 7th meeting of the Permanent Committee of the 13th National People's Congress in Beijing was held at noon on December 23.from

ContractThe project draft and the draft law on civilian law violations were reviewed. The draft of each section of the Civil Code was submitted to the Fifth Session of the Standing Committee of the National People's Congress to begin in August of this year. After the meeting, the Legal Affairs Committee will submit the project to the congresses of the local people, relevant departments of the central government, legal education and research institutions and relevant social groups. It has prepared a full text for public opinion on the Congress of People's Rights of China. From November 3, 2018, 437,986 general comments have come to the end, and this is the most widely disclosed in recent years.

Contract

The passengers have to get to the seat number

The contractual system is the basic legal system of the market economy. In March 1999, the Second Session of the Retired National People's Congress adopted the Convention Law and was adopted with a total of 428 articles. Based on the completion of the contractual law, the draft contract is based on international law practice and incorporates the requirements of the civil code generation system to further enhance and improve the contract system. The project consists of 28 chapters and 519 articles. After the preliminary review of the Civil Code sections (Project), 2727 opinions were given to the public on the draft agreement.

Real-name ticket can be lost

Civil Code Agreement, in particular, stipulates passengers' agreement. Some ideas show that in recent years many new problems have arisen in the field of passenger transport contracts, on the one hand, passengers are occasionally passengers, cooperate with safer transport measures that have a strong impact on the strongest steering and carrier traffic safety and the dangers of traffic safety; There are also frequent safety accidents, due to the fact that the carrier fails to meet its secure transport obligations and re-purchases the ticket for collecting the right to lose the highest loss for damaging the carrier's legal rights and interests.

The project of the second project is clear, passengers must be transported according to the time, queue and seat number indicated on the valid ticket. Carrier must carry passengers in accordance with the time, frequency and conditions specified on a valid passenger ticket.

In addition, passengers' actual passenger conveyance contract may require the carrier to report missing passengers' passengers' ticket and can not collect carrier tickets and other unreasonable expenses.

It is clear to the carrier that he / she strictly adheres to a safe transport obligation and that the passengers are safe and that they need to pay attention to the matters that need to be addressed, so that passengers must be actively assisted and cooperated with the carrier's necessary rules for safe transportation. In case of special circumstances and good reasons for the wrong transport, the carrier must immediately inform passengers and take the necessary migration measures.

Legally established contracts are protected by law

The reporter of the Beiging Gündəlik newspaper noted that in practice, it has led to a breach of contract and interference with the fulfillment of the contract, which will create a reliable society and maintain market economical rules.

New provisions in the second draft of the civil code draft contract, the law established by law are protected by law. The second review project was also reviewed for a format agreement. The draft envisages that the declarant does not respond or disclaims the obligation, so the other party does not pay attention to it and does not understand the terms of interest and does not have any effect.

The provisions of this article are intended to protect the relative interests of the provisions of the disadvantaged format. If the party providing the condition of the format fails to comply with the reporting obligation, the provision of paragraph determines whether the item is an integral part of the contract.

The second review project revised the "impact of paragraph" in the above-mentioned articles and "the other party may claim that this paragraph is not an integral part of the contract".

"Help for Disabled" is included in a non-recurring gift

Article 448 of the project stipulates that the donor's ownership right may be revoked prior to the transfer. The peculiarities of public welfare and moral obligations, such as disaster relief and poverty reduction, are not covered by the provisions of the preceding paragraph. Some members of the Standing Committee should provide assistance to persons with disabilities to reflect the protection of the rights and interests of persons with disabilities and to assist in the provision of non-repayable gifts to address the problem of fraudulent donations and donations.

The draft of the second project was added to the "disabled help" situation in the above-mentioned articles. Additionally, there is a gift contract for moral welfare or disaster relief, poverty reduction and disability or a notarial gift contract, and it is clear that the donor may request that the gift be delivered if the donor does not present the gift.

Beiging Daily, a reporter for the newspaper, believes that the draft of the second project is revised in terms of the presumption of guarantees. The project is liable for the co-responsibility of natural persons, unless the parties agree to the warranty or are not clear in the contract's collateral agreement.

Some ideas indicate that joint liability is a warranty method that would aggravate the guarantor's responsibility, in principle, by a clear agreement between the parties, unless there is any agreement or agreement, guaranteeing a reduction in mutual warranty or serial warranty. Intolerance or bankruptcy affects normal life and business practices. The draft of the second project is clear, if the parties do not agree on a warranty or they are not clear in the contract, they are responsible for the warranty.

Property service providers should publish their service information on a regular basis

Beiqing Daily's reporter said that in terms of the property service contract, it was revised according to the project's second draft. On the one hand, it is profitable for entrepreneurs to monitor ownership issues to better protect the right of the owner to know. In the draft of the second project, real estate service is expected to regularly publish the service information. On the other hand, the second draft resolution, in order to further standardize the holder's unilateral waiver, abolishes the joint decision to dismiss a proprietor pursuant to Article 728 of the project, as "they decide to dispose of the owner's employee in accordance with legitimate rules". ".

Some people argue that individual lending has a negative impact on economic and social life. To address the problems in the field of private lending and to prevent financial risks, the project proposal divides the loan agreement into a "financial loan agreement" and "a civilian loan." Contracts. "However, the Constitutional and Legal Committee is a relatively complicated issue, covering many issues, such as individual lending, China's financial regulation system, the social credit system, and economic policy.ResearchArgument.

Clipboard liability

Medical institutions should be liable to disrupt the patient's privacy

The tortoise is a legal consequence of the violation of the rights and interests of the civil subject. In December 2009, the Permanent Committee of the National People's Congress adopted a total of 12 chapters and 92 articles, with the adoption of the General Assembly. Civil Code Civil Responsibility Responsibility Draft Directive focuses on a new situation in the field of infringement and creates good practice for the interpretation of the law and foreign legislation and makes necessary additions and improvements to the cortisual responsibility system. Following the initial investigation of the Civil Code (Project) protocols, the public wrote 1089 comments on criminal liability.

Voluntary activities are voluntary at their own risk

The draft of the second project of this project has created an "independent risk" rule. As the Beijing Youth Correspondent notes, some departments, law-research institutions and the public claim that they tend to participate in high-end sports and other activities. In practice, they often discuss who is responsible for the complaint. This issue is clearly defined.

According to the Constitutional and Legal Committee's investigations, the voluntary participation of the participants in these activities should fully grasp their dangers and the resulting normal risks should, in principle, be paid by the participants themselves. The "risk we are threatening" rule is useful for clarifying the boundaries of responsibility for carrying out such activities.

In the second draft of the project, new provisions may not require that a person be prosecuted, except in cases where the victim has been exposed to unwanted or substantial losses, if it causes injury to the voluntary participation in a hazardous activity. The responsibility of the event organizers is regulated by the provisions of Article 973 of this Law, ie the organizer of the event is not responsible for the liability for non-fulfillment of obligations.

Eat "Overlord Meal" to catch the party's property

If someone eats 'Overlord Meal', can he own the property? In fact, in response to some problems, the project of the second project also envisages a "self-governed behavior".

Some places, departments, law-enforcement and research institutions and the public have taken steps to protect the rights of individuals who violate their legal rights and interests and have no time to demand protection from government agencies and have misused others for other violations. Foreign legislation has clearly defined the "self-help behavior" system. According to the Constitutional and Legal Committee's investigations, the "self-help behavior" system provides individuals with the right to self-defense under certain conditions that are beneficial to the protection of state bodies, and the "self-help behavior" system to protect the personal and property rights of individuals determines. It has practical significance and helps regulate such behavior.

The second review project violated the law and its interests. If the situation is promptly maintained by the state authorities, the victim should take reasonable measures to ensure that the victim's property is properly stored. After committing the act of the preceding paragraph after the injury, he must apply immediately to the relevant public authority. When the victim's actions do not hurt others, they are punished.

Damage to damage

According to Beiqing Daily's report, the project's draft project was also reviewed in terms of compensation for mental illness. Article 260, paragraph 2, of the project stipulates that a person who deliberately infringes a person's personality causes serious mental harm, the author has the right to claim compensation for moral damages.

Research institutes and some of the laws that the public has been investigating suggest that the requirement for compensation for mental harm is "deliberate". The draft of the second draft project, on the basis of "deliberate," added "significant negligence": "If a deliberate or great negligence is violated by a person who has a serious intellectual disability which is a personal meaning of a physical person, the offender has the right to claim compensation for moral damages it has. "

Additionally, the second review project also implies punitive damages for infringement of intellectual property rights. Some ideas are suggested to be the most important content of intellectual property enhancement to improve the property rights protection system and to further strengthen the protection of intellectual property rights. According to the Constitutional and Legal Committee's investigations, it is necessary to substantially increase the illegal costs of violating intellectual property rights and to impose penalties effectively in order to strengthen intellectual property rights effectively. In the second sentence, the new rules provide for intentional infringement of intellectual property rights. If the circumstances are serious, the offender has the right to request appropriate penalties.

Both parties are liable for labor-loss relationships

The second review project also outlined the responsibility for the loss of labor relations. The project is liable for the relevant disadvantage of the two parties, taking into consideration the fact that the labor service itself has been harmed by the employment service relationship between individuals and the labor service.

Some people will benefit from the benefits provided by the labor services if babysitters provide internal labor services. If the labor-service provider is damaged in labor services, the responsibility of the employer must be diminished, in view of the fact that the party providing the wage is responsible for the payment of salaries by the employer. . After learning the Constitutional and Law Committees, the responsibility of the party that receives the labor service for the "relevant defects" of both parties can be reduced or denied the responsibility of the party to which the laborer is responsible if the party providing the labor service is blamed.

The project also has a criminal liability if it is alleged that the right owner will be damaging the network user as a result of an incorrect warning. In fact, the use of the "warning" program for unfair competition often occurs, which leads to loss of traffic and loss of advertising revenue not only to network users, but also to network service providers. The second draft project reviewed the above-mentioned provisions: "If a network user or network service provider suffers as a result of a misinterpretation, he / she is fined."

Responsibility for privacy issues.

In terms of liability for medical damage, the second review has been revised accordingly. The project implies criminal liability for healthcare providers and medical personnel who disclose personal data and personal data of the patient or disclose the claim information without the consent of the patient.

Some members of the Standing Committee argue that medical treatment facilities and their medical staff have leaked the patient's confidentiality and personal information, or have been leaked to the patient's condition, and that could have a major impact on the lives, work, and work of patients. In order to restrict such acts, it is important that medical institutions and medical personnel should be punished regardless of whether the behavior of the law could harm the patient. The draft of the second draft was deleted due to the "cause of patient injury".

The "high altitude parabolic" wound will not be changed

The Constitutional and Legal Committee considers that the destruction of the environment generally results in two types of damages: one is the damage to the environment, and the other to the personality and property of the civilian. Therefore, the draft of the second project was drafted accordingly. On the one hand, if the harm caused by the environmental environment is harmful to others, the offender has the responsibility to punish, and on the other hand, if the damage to the environmental environment leads to a breach of state regulation and repairs, the law or body required by law is entitled to. Responsibility. Additionally, if a breach of national legislation could damage the environment, the law or body envisaged by law may require compensation for damage to the environment, to the environment, and to permanent damage to assessment and evaluation fees.

It should be noted that the "high altitude parabolic" issue has recently been very remarkable. The project implies that it is difficult to identify the specific violations that have been thrown out of the premises or thrown out of buildings by others. In addition to proving that the copyright is not infringed, users who are damaging can also be compensated.

The Constitutional and Legal Committee considers that the responsibility for the creation of parabolic facilities at high altitudes is a matter of public liability law and the disputes are highly controversial. The parties are also very worried. You need to combine and consolidate the fact that the regulation is not revised, or the actual situation. Considering the violation, it takes careful care after protecting the victim and maintaining social harmony and stability. Therefore, the provisions of the project should be temporarily altered and should continue to be explored.

(Article: Beijing Youth Day)

(Original name: Passengers are placed in the Code to be written to the Civil Code)

(Editor: DF120)

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