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Top 10 typical cases in 2008

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[Abstract]:
XuTingcaseretrialtoreflectthelegaleffectandsocialeffectsofunity InApril2006,ShanxiworkersworkingyouthXuTingholdingcardinGuangzhouCity,abankATMmachineerrorsituation,theextractiondoesnotbelongtotheirown
Xu Ting case retrial to reflect the legal effect and social effects of unity
 
In April 2006, Shanxi workers working youth Xu Ting holding card in Guangzhou City, a bank ATM machine error situation, the extraction does not belong to their own 1.7 million yuan, after the money escape. On November 29, 2007, the Guangzhou Intermediate People's Court sentenced him to life imprisonment for the first instance of theft. Xu Ting refused to appeal. The case caused public opinion hot. On January 14, 2008, the Guangdong Provincial Higher People's Court sent the case back to retrial. March 31, Guangzhou Intermediate People's Court of retribution Xu Ting fined 5 years and fined 20,000 yuan, the recovery of illegal income. Xu Ting again appeal. May 22, the Guangdong Provincial High Court final ruling, to maintain the original verdict, because it is sentenced below the statutory penalty, the need to report to the Supreme Court for approval. The Supreme Court approved the judgment of the court of second instance.
 
Wanli large afforestation suspected of illegal business was investigated to remind private investment risk
 
October 27, 2008, in the past four years to lure more than 30,000 people to hard-earned money into the "thousands of miles of greening" green trap Chen Xianggui, Liu Yanying and other 10 accused of illegal business in Inner Mongolia Autonomous Region Baotou City Intermediate People Court trial. From 2002 to 2007, Chen Xianggui, Liu Yanying to rely on thousands of large forest companies in Inner Mongolia, Liaoning, Shandong and other places through the contract or lease a large number of ways to obtain land use right to grow poplar or direct purchase of woodland, and in Inner Mongolia Beijing, Heilongjiang, Jilin, Hebei, Shandong, Beijing 12 provinces and cities to organize the establishment and development of MLM networks and MLM teams through media advertising, distribution of leaflets, rally propaganda for false propaganda, sales of 438466 acres of woodland and forest 117361 strains, illegal business amounted to 1.279 billion yuan.
 
Qi two drugs Guangzhou final hospital use of counterfeit drugs to bear joint and several liability
 
December 10, 2008, Guangzhou Intermediate People's Court Qiqihar Second Pharmaceutical Co., Ltd. "bright bacteria A fake" incident victim compensation case to make a final judgment, the pharmaceutical company is responsible for the production of counterfeit drugs, should bear the final Liability, Zhongshan University Third Affiliated Hospital and other three parties bear joint and several liability, a total compensation of more than 3.5 million yuan. The case shows that the use of counterfeit drugs in hospitals can not be exempted.
 
Sanlu milk powder incident exposed industry unspoken rules sounded food safety alarm
 
September 11, 2008, to the milk to add melamine caused by infant kidney stones in Shijiazhuang, Hebei Province, Sanlu Group "poison" milk powder incident was publicly exposed. September 16, including Erie, Mengniu, including 22 milk powder enterprises due to the product containing melamine was continued exposure. To November 27, the country due to food problems caused by milk powder caused a total of more than 29,000 children. A "hidden rules" to bring people a huge loss of life and property, but also almost destroyed the entire dairy industry. Food safety legal system of concern. Hebei police to thoroughly investigate, suspected of crime and the basic facts of the investigation.
 
Beijing Songzhuang painter village housing dispute case warned to prohibit the sale of homestead
 
October 20, 2008, Beijing Tongzhou District People's Court of the first instance of the "painter village" property dispute case sentenced, painter Li Yulan in the return of housing, will be compensated 185,000 yuan. Li Yulan disagreement has appealed. The court that Li Yulan is a city account, can not buy rural homestead, should be allowed to retire housing; Ma Haitao know housing and homestead can not be traded, and after years of sale in the sale of the grounds of illegal sale of the agreement is invalid, should bear the housing business is invalid main responsibility. Support Li Yulan on the interests of the request Ma Haitao compensation claims, judgments Ma Haitao according to the housing area value of 70% or 18,525 yuan to Li Yulan economic compensation.
 
July 2002, Li Yulan with 45,000 yuan from the hands of Ma Haitao couples to buy the main room 5, 3 rooms, pay the whole room money. February 2006, the local housing prices rose, Ma Haitao asked to confirm the purchase contract is invalid. As the case is Songzhuang homestead caused the first litigation, so the case caused the local farmers and buyers to buy a great concern.
 
The first case of cyber violence was reported to the court of the plaintiff
 
Earlier this year, 31-year-old woman Jiang Yan recorded in the blog her husband's infidelity, from the 24th floor of the home to commit suicide. Her blog was posted to the major online forum. And netizens are launched "human flesh search", will Jiang Yan's husband Faye Wong and third party's personal information published to the public.
 
December 18, 2008, Wang Fei v. 3 website infringement of its reputation in the first instance verdict. Chaoyang District People's Court of Beijing, after hearing that the migratory webmaster Zhang Fei Yi, Wang Wei extravaginal love and other personal information, resulting in Internet users to "human flesh search", and the actual impact of Faye Wong's life and social evaluation, Faye Wong 's right of privacy and reputation. Ordered the two defendants in their respective home page published an apology letter, respectively, compensation for Faye Wong spiritual damage solatium 5000 yuan and 3,000 yuan. End of the World in Faye Wong before the prosecution of the relevant articles and the corresponding reply to delete, has fulfilled regulatory obligations. In view of the Internet has a wide range of rapid, real-time, free, interactive and other characteristics of the dissemination of such deletes in line with the relevant provisions, does not constitute infringement. The judgment also condemned the act of extramarital affairs. The court also issued a letter of advice to the Ministry of Industry and Information, suggesting that the latter to maintain the "human flesh search" and other Internet new things concern, strengthen the guidance to purify the network environment.
 
The sound of the Association to win the first refused to pay the case to remind KTV to fulfill the payment obligations
 
December 18, 2008, China Audio and Video Copyright Collective Management Association in Beijing, a number of courts v. More than 200 KTV karaoke call royalties, the first case off the case. Beijing Dongcheng District People's Court after hearing that the defendant Oriental KTV KTV karaoke without permission of the right to provide consumers with on-demand form of the use of music products involved in the commercial services, violations of the plaintiff's management of the music involved in the works Right to show. Ordered the Oriental gold cabinet KTV compensation China Audio and Video Copyright Management Association 52,800 yuan, and delete the karaoke OK hall singing system recorded music works.
 
This is the first time since the establishment of the sound collection Association on behalf of audio and video production units to KTV operators advocate music TV works copyright. From January 1, 2007 onwards, karaoke OK business license fees began to start in the country, according to the National Copyright Bureau announced the standard, Beijing charges 11 yuan / room / day. Up to now, about 1500 KTV in Beijing, to pay royalties only more than ten.
 
Nearly a thousand doctoral class action appeal to strengthen the protection of network copyright
 
Since 2008, Beijing Wanfang Data Co., Ltd. was nearly a thousand masters, Dr. sued infringement of copyright. The plaintiff's complaint states that Wanfang Data Co., Ltd. has completed its independent writing without permission, and the unpublished degree thesis has been produced into an electronic version, which is included in the "Full-text Database of Chinese Dissertation" in its "Wanfang Data Resource System" , Through the national institutions of higher learning libraries and other libraries to sell the system, to provide online browsing, download services, seek high profits, which violated their copyright.
 
Haidian District People's Court in Beijing prosecution of the 500 master's degree, Dr., has 284 concluded. The court on the basis of the defendant to obtain legal authority to obtain authorization and flawed and did not obtain authorization of the three cases, respectively, to dismiss the plaintiff claims, the defendant apology, compensation for the plaintiff of different amounts of economic losses of the three kinds of judgments. Of which 234 were supported by the courts. Haidian Court found that Wanfang company in these cases without authorization or right there are flaws, so the verdict to the dissertations of the public apology, and compensation for economic losses ranging from 2,300 yuan to 3300 yuan. After the Haidian District Court, there are Beijing Chaoyang District Court received 480 master's degree, Dr. of such pleadings. The case is the domestic Kochi molecular collective rights of the first case. Network infringement and legal order have attracted wide attention in the industry.
 
Wang Jianzhong manipulates the market case highlights the criminal law involved in the urgency of the securities market
 
November 21, 2008, the China Securities Regulatory Commission informed the Beijing Chief Investment Advisory Co., Ltd. and its legal representative Wang Jianzhong manipulation of the market case, decided to revoke the Beijing debut of the securities investment advisory business qualifications, Wang Jianzhong confiscated illegal income of 125 million yuan, Impose a fine of 125 million yuan, and to take its life insurance market forbidden measures. Wang Jianzhong use of Beijing premiere and his personal investment in the securities investment advisory industry, by the public to recommend the stock of the machine, through the "first to buy securities, after the public recommendation, and then sell the securities" approach to manipulate the market, and illegal Lee. During the period from January 2007 to May 2008, he operated 55 transactions and traded 38 shares or warrants, which resulted in more than $ 125 million in profits. The SFC found that Wang Jianzhong, Beijing debut of the transaction operation, in violation of the Securities Law on the prohibition of manipulation of the securities market. As the circumstances are serious, has been suspected of committing criminal law, constitute a crime, the Commission has transferred the case to the public security organs, shall be held criminally responsible.
 
The mainland richest man Huang Guangyu by judicial investigation triggered entrepreneur business think
 
When Huang Guangyu to 43 billion worth to board the list of Hurun Rich List soon, the "mainland richest man" was immediately detained by the police. November 2008, Beijing police confirmed Huang Guangyu "suspected of economic crimes were detained", the SFC subsequently admitted that Huang suspected of "triple trading company and Zhongguancun science and technology listed companies in the reorganization, asset replacement in the major illegal" behavior. Another "richest man" was criminal investigation. How to create a healthy market environment for entrepreneurs, how to legally operate Chinese entrepreneurs, improve the "legal business", are worth thinking.