Civil Papers - 4 - Professional Civil Research Papers

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On intellectual property rights on the building
Abstract: We are building not only for shelter, and it is itself an art. And, like other works of art, its creators have copyright. In the commodity economy, these works of art can also obtain the permission of the copyright conditions, registered as a trademark, a trademark. because it also is the embodiment of technology, the design may also app...
Post Time:Mar 16,2011 TAG:Civil
Internet Intellectual Property Protection of the field - an example of Google Library
[Abstract] Google as the Internet field of digital library technology innovation, quickly widely recognized by all parties, but with the development of digital libraries, the Internet and Intellectual Property Protection in the field is facing new demands and challenges. By Google's digital library information resources involved in the constructio...
Post Time:Mar 16,2011 TAG:Civil
Abuse of patent and antitrust
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Post Time:Mar 15,2011 TAG:Civil
On the protection of mental patients the right to appeal the divorce
[Abstract] the relationship between mental illness as a party to the marriage, their divorce right of appeal shall be protected by law. The right to appeal from the basic connotation of divorce, divorce, mental patients the right to appeal examine the legislative and judicial status quo, existing problems with the idea of perfect. ...
Post Time:Mar 8,2011 TAG:Civil
Protection of military law understanding of marriage, said
Abstract The military marriage under special protection is our legal tradition, China has now established a civil, administrative, criminal as a means of multi-level legal protection system. In complying with the fair and just legal premise, the military marriage legal relationship of the main rights and obligations of the distribution, clearly th...
Post Time:Mar 8,2011 TAG:Civil
Analysis of Marital Property System
Abstract appointed property system relative to the legal property system, allows the parties to the marriage agreement between mode choice decision to marital property. Our system of contract property by New "<Marriage Law>> modified a lot of progress and improvement, but still There are many omissions. This paper on China <<Marriag...
Post Time:Mar 8,2011 TAG:Civil
Cohabitation "legalize" the rational thinking
[Abstract] cohabitation with men and women and families as a way of life increasingly accepted by the majority, understanding and tolerance, and traditional marriage and the family have a tremendous impact. But our law does not confer legal status of cohabitation, nor with this fait accompli and family patterns of men and women to be regulated. th...
Post Time:Mar 8,2011 TAG:Civil
The right of minor children as the main body of the ethics investigation visit
Abstract: Family members of the rights and obligations between the mainly based on blood kinship and construction, involving a number of ethical value judgments .2001 marriage after divorce is not only a requirement to live with their children visit one parent has the right to ignore their children take the initiative communicate with their parent...
Post Time:Mar 8,2011 TAG:Civil
Legal Consideration of non-marital cohabitation
"Cohabitation," Modern Chinese Dictionary's explanation: (1 with living in one place, (2 refers to the husband and wife live together, but also refers to both men and women living together without marriage. The extension is very broad, all without legal marriage, cohabitation between men and women are included, including the fact that marriage, il...
Post Time:Mar 8,2011 TAG:Civil
Administrative proceedings and civil litigation to resolve marriage "fight" the path
[Abstract] According to the existing laws and legal status of marriage and the effectiveness of the processing channels of dispute exists "outside the two-track" and "inside track" two "dual track." The so-called "outer-track", that is, civil authorities and the courts have the right to charge the effectiveness of marriage disputes. Specifically, ...
Post Time:Mar 7,2011 TAG:Civil
The classification of legal persons
(A) the classification of Civil Law For legal persons, the law is to take category management, and therefore, according to the needs of category management, legal persons should be classified according to certain standards. The function of civil law by legal persons, the establishment of the different methods and sources of property, the corpora...
Post Time:Mar 7,2011 TAG:Civil
Elements of corporate law
Article 37 of Civil Code established corporate law, there are four elements: established by law, have the necessary property or funds, have their own names, organizations and places and the ability to independently bear civil liability. (A) established by law Established by law has two meanings: (1) the incorporation of legal norms. Such as se...
Post Time:Mar 7,2011 TAG:Civil
On the civil invalid
First, the concept of civil Invalid Invalid civil force that lacks the basic elements of legal acts, from the beginning to identify the perpetrator does not occur, and of course, the expected effect of the meaning of civil behavior. Civil Code Article 58, paragraph 2: Invalid civil acts that are not beginning legally binding. The implication is ...
Post Time:Mar 7,2011 TAG:Civil
Shareholder debt funding problems and legislative proposals
First, the inherent defects funded debt Although the claim has sufficient and reasonable contribution, but with other funding methods comparison, but there are of its own inherent flaws and risks. Whether based on money, or in kind, intellectual property, land use rights and other investors, in the nature have a common feature, namely the righ...
Post Time:Mar 2,2011 TAG:Civil
Basic knowledge about the parent and the parent company's equity Thinking abuse
First, a basic understanding of parent and subsidiary companies 1. Parent company's legal connotation. China <<Law>> on the parent and subsidiary companies do not have defined legal meaning, particularly those with no defined parent, the proportion of shares in subsidiaries, nor to make the issue of cross-shareholdings restrictions. ...
Post Time:Mar 2,2011 TAG:Civil
On the "Company Law" protection of the rights of minority shareholders
Protection of shareholder interests is the core issue of corporate governance, to effective protection of the interests of minority shareholders is the company system, the premise of fairness and efficiency. Is the fair value of outstanding ideas, or demonstrate the efficiency of a dilemma facing the modern rule of law. In reality, CUHK shareholde...
Post Time:Mar 2,2011 TAG:Civil
The right to adequate standard of living in China and Reconsideration
Key words: right to adequate standard of living / vulnerable groups / low-rent housing / bottom of society Summary: China's low-rent housing system in the practice of showing the specific security standards and rights of a single subject of particular tendency. The main reason for this result are: (1 low-rent housing system in China is based on ...
Post Time:Mar 2,2011 TAG:Civil
Building a Multi for Dispute of the problem of
"Abstract" as the civil rights of self protection awareness, civil cases every year. Reasonable and effective dispute settlement mechanism of the building is to guarantee social stability and harmonious development of the important conditions. At present, China's dispute settlement mechanism has many problems, abuses highlights, perfect for Disput...
Post Time:Mar 2,2011 TAG:Civil
Political constraints of company law
Key words: company / corporate / political / political power / political structure Summary: So far, we have not seriously on the political interpretation of company law. Purely legal interpretation or interlaced field of the economic interpretation of the Act has been very popular, but the understanding of the effectiveness of the law may not be...
Post Time:Mar 2,2011 TAG:Civil
Presumption of fact and Burden of Proof
Key words: burden of proof the law of evidence presumption of fact Summary: The burden of proof for the case the judge judges the authenticity of unknown facts of the case when the face of the universal choice for the pursuit of facts of the case of presumption of fact that the referee judges to avoid the burden of proof applicable to the dynami...
Post Time:Mar 2,2011 TAG:Civil
Relationship between reason for a third party under the non-compliance - A "Contract Law" Section 121 as the center
Summary: <"Contract Law"> the legislative intent of section 121 is to abide by the contract, the principle of relativity, in which the "third person" means any person other than the contractual relationship. To perform assisted person is not a "third person", its provisions found in <"Contract Law"> Article 65. a significant difference...
Post Time:Feb 12,2011 TAG:Civil
Analysis of the System of Compensation for divorce
Summary: Divorce Damage for the Improvement of the establishment of marriage and family legislation, protect the legitimate rights and interests of a certain theoretical and practical significance, but also in the operation of the system there is a big flaw. In this paper, the basic theory of divorce and damages Elements of such damages, in-depth ...
Post Time:Feb 12,2011 TAG:Civil
On my national codification style
Summary: The first compilation of the Civil Code are experiencing the problem to be solved is the codification of the style issues. In this paper, the main scholars of the present codification of the basic path of the two specific programs and three superficial assessment, the proposed China Compilation of the Civil Code, or should choose the path...
Post Time:Feb 12,2011 TAG:Civil
Tort Liability Principle parabolic height selection
Abstract: Law is closely linked with the economy, lawmakers should follow the laws of economics. Economic Analysis of Law Legal Studies provides a unique research method. Tall buildings and structures is a major feature of the modern city, altitude parabolic violations also follow. an infringement, there relief. However, what kind of relief to tak...
Post Time:Feb 12,2011 TAG:Civil
Property Law on the transfer of movable property - to the twenty-three as the center of the system of interpretation
Summary: <<Property Law "> rules on the transfer of movable property, to twenty-three constitute a system of norms as the center, but this understanding should be based on accurate understanding of the <<Property Law"> the relevant provisions of, and coordination between different legal basis of the relationship. In the analysis ...
Post Time:Feb 12,2011 TAG:Civil
Traffic Insurance status in the litigation of insurance companies - to seek compensation for the victim perspective
Summary: <<PRC Road Traffic Safety Law "" and "The <compulsory traffic accident liability insurance regulations>> laws and regulations in China such as compulsory liability insurance system established to spread and pass on the third person insured should bear the liability for the purpose is to establish the benefit of a third part...
Post Time:Feb 12,2011 TAG:Civil
The main effect of interruption of the debt is statute of limitations on joint and several liability guarantee debt and the statute of limitations - of the Supreme Court "interpretation of the Guarantee Law," 36 and "statute of limitations provides that" the conflict and to resolve 17
I recently contacted one case, triggering a thought on this issue. Now it is abstracted as a simple case, easy to discuss. [The court] a bank loan to B, C as a guarantor undertakes to assume its guarantee liability, warranty period of two years. B was unable to repay on time, a collection then carried out to the B, C stand a guarantee to the cre...
Post Time:Feb 12,2011 TAG:Civil
Adultery of the spouse with the tort liability of others - from the perspective of the considerations of justice
Abstract: This article is based on the judicial practice of the adultery of one spouse with others, tort liability issues, analysis of the kinds of violations of the rights which the various points of view. For the choice of these ideas, the article that the administration of justice from the perspective of the considerations, interpretation and n...
Post Time:Feb 11,2011 TAG:Civil
Who is the right person? - Analysis of illegal practice Peking University Hospital
Summary: The implementation of administrative licensing system for practitioners, even without a professional qualification has been made in the registration of practicing physicians, they can not enjoy the right to practice. Clinical interns or trainees can only have the right of physicians to practice under the guidance of clinical activities, t...
Post Time:Feb 11,2011 TAG:Civil
On the legal nature of real estate registration - Legislation to change the background property
Summary: <<Property Law "> before the adoption of the relevant real estate registration in nature, a matter of opinion, but Stone said that the real estate registration act administrative act, the General said to be from our current on real estate Legislation decision. <<Property Law"> The promulgated, changed in the past the ide...
Post Time:Feb 11,2011 TAG:Civil
Analysis of the court staff to avoid the Civil Procedure Law
Abstract: According to the Grand Justices to interpret the first 601 words to explain, the state exercise any public authority should avoid duty officers for private interests, affecting the accuracy and neutrality of the task, so there avoidance mechanism, the Administrative Procedure Act 32 , Article 33, Article 17 of the Civil Service Act for r...
Post Time:Feb 11,2011 TAG:Civil
Consumers in the standard of competition law
Summary: Competition Law and Consumer Protection Act of consumers in the consumer side of integration, but also very different, which makes consumers both as victims of competition law, but also act as "outside" the main role. As the competition between the basic contradiction occurs between the operators and competitors, as a third of consumers i...
Post Time:Feb 11,2011 TAG:Civil
China's consumer protection law of fraud and punitive damages
Summary: With the reunification of the EU Consumer Protection deepening of T action, the EU consumer protection laws on advertising, form contract, warranty, network consumption and consumption of-court dispute resolution mechanism and achieved new progress. China should learn from EU Consumer Protection Directive of advanced practice and make dec...
Post Time:Feb 11,2011 TAG:Civil
Applicable principles of civil enforcement of indirect
Keywords: civil, indirect enforcement, applicable principles, the problem of Abstract: the application of the civil enforcement of the principle of indirect, is to guide and regulate the civil enforcement measures indirectly the basic criteria. As civil law countries in the setting of indirect enforcement measures and legislative guidelines are ...
Post Time:Feb 11,2011 TAG:Civil
On the civil enforcement measures
Keywords: civil enforcement / initiatives / case studies Summary: Editor's note: "national cohesion and national loyalty to her, depending on the ability of States to guarantee the personal well-being, love of country is the result of benefit because of her" (UK: Sven. Kaidu in the language. The state guarantees The most important means of perso...
Post Time:Jan 22,2011 TAG:Civil
Procedures for civil protection mechanism of the secret evidence of
Key words: evidence investigation / secret protection / benefit measure Summary: secret protection is an important part of human rights protection, and evidence investigation has produced a subtle tension with it. This article focuses on evidence collected in the survey for the civil protection system in a secret program to do a detailed and ela...
Post Time:Jan 22,2011 TAG:Civil
On Suzhiliyi - Based on the judicial protection of legitimate interests and the Chinese practice
Key words: Suzhiliyi, the new lawsuit, extrajudicial interests Abstract: New type of litigation in the settlement process, the reality is unknown for the law, in theory, on the traditional concept of the expansion Suzhiliyi. This article from the judicial protection of legitimate rights and final settlement of disputes in the perspective of the ...
Post Time:Jan 22,2011 TAG:Civil
Objection to the appeal of the Third Party
Keywords: enforcement procedures, the Third Party objection complaint, construction litigation Summary: civil law in 2007 to modify the Third Party by giving way to suit the implementation of actions may violate their physical Quan Yi Yu Yi remedy the situation, and established the independence of the Third Party actionable objections to restore...
Post Time:Jan 22,2011 TAG:Civil
On the Nature of the rights of consumers the right to security
Paper Keywords: Consumer Rights of the nature of civil rights and security of the social attribute Abstract: This article from the definition of the right consumer safety, combining the field of civil and social law defining the rights of nature, to the current civil law, and social differences of the problem area of the law and reflection, the ...
Post Time:Jan 16,2011 TAG:Civil
The right of the conservation status of consumer safety and legal measures
[Paper Keywords] Legal status of the consumer the right to security measures [Abstract] consumers the right to security is the primary consumer rights. But the current protection of the right of the safety of consumers is still in the lower level. Therefore, the current need to strengthen the right of consumer safety legislation, law enforcement...
Post Time:Jan 16,2011 TAG:Civil

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