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Practical Articles

Practical Articles

Sheng Dian Practice | Wang Yongjing: On Network Expulsion and Personality Reduction-Reflection on the Judgment View of WeChat Group "Kicking People" Not Adjusted by Civil Law

The social attributes and social functions of cyberspace are expanding day by day, and social interaction is increasingly dependent on cyberspace and tools. Personality is based on the social attributes of human beings, and personality right is the right of personality to remain complete without deprivation and derogation in society. Squeezing people out in cyberspace is a social isolation and isolation behavior similar to expulsion and exile. It deprives and diminishes people's social attributes and social participation capabilities, and may diminish personality and infringe personality rights. The law does not interfere with words and deeds within the rules of autonomy, and there is the possibility and necessity of legal intervention when there are problems with violations of the rules of autonomy, breakthroughs in the boundaries of autonomy, or the rules of autonomy themselves. WeChat group is not completely autonomous behavior, administrative law, criminal law may be regulated, civil law is duty-bound. WeChat group chat is also uneven, which belongs to the act of friendship and communication, and may have legal purposes and implications. Whether the WeChat group "kicking people" involves legal issues should be analyzed on a case-by-case basis, and the WeChat group should not be dealt with on the grounds that it belongs to autonomous behavior and friendship behavior, which is an unheard of and ignored the need for the protection of personality rights that exists in the online world and virtual space.

2024-04-23

Interpretation of the Revision of the Company Law | Bu Bin: Corporate Governance Structure and Related Subject Responsibilities

Introduction the 7th meeting of the standing Committee of the 14th national people's congress of the People's Republic of China deliberated and passed the the People's Republic of China ...

2024-04-07

Interpretation of the Revision of the Company Law............................................................................................

Introduction The seventh meeting of the Standing Committee of the 14th National People's Congress of the People's Republic of China on December 29, 2023 deliberated and passed the ...

2024-03-11

Interpretation of the revision of the Company Law... Bu Bin: The company's capital system and capital contribution responsibility.

Introduction the People's Republic of China the 7th meeting of the standing Committee of the 14th national people's congress revised and passed the company law of the the People's Republ...

2024-02-23

Sheng Code Practice, Wang Yongjing: Debt to join the legal right of recovery of the creditor's rights and mechanism of the mechanism-to "contract general principles of judicial interpretation" article 51 as the center.

Abstract: Article 552 of the Civil Code does not provide for the legal right of recovery after the third party who joins the debt has not agreed on the right of recovery with the original debtor, whic...

2024-02-04

Shengdian Practice | Du Jiangtao: Exploring the Safety and Security Obligations of Place Operators (Managers)

According to Article 1,198 of the the People's Republic of China Civil Code (hereinafter referred to as the Civil Code), the obligation to ensure safety refers to the obligation of operators, managers or organizers of mass activities of business premises, public places to take certain behavioral measures within reasonable limits to protect the personal and property safety of others from infringement. With the development of economy, the interaction between individuals has increased in recent years, and the disputes of place operators (managers) violating the obligation of safety and security are also increasing. The author combines personal case handling experience and practical experience to try to integrate and explore the relevant issues.

2023-12-13

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