Recently
The urban romantic light comedy "Ripple Heart"
ushered in the finale
The drama tells the story of
three protagonists with different personalities
facing the challenges of their own lives
bravely confronted and worked hard to pursue love
z The story line of "Sisters"
Every one is very exciting
Some legal issues in the plot
are also worthy of our attention
In the play, Zhang Fan ( Qin Lan ) is an excellent homestay designer. During a project, Zhang Fan found that his subordinate Li Tian and his boss Lin Zhen behaved very strangely when talking about the project in the company. Under Zhang Fan's questioning, Li Tian told the truth. It turned out that at a dinner party, the drunk Li Tian was forcibly pulled into the hotel room by Lin Zhen and sexually assaulted. But Li Tian didn't want the matter to be exposed, and Lin Zhen died unexpectedly, and the matter came to a deadlock for a while. Interpretation by lawyer
: When
encounters sexual assault, he should report to the police immediately and collect fixed evidence under the guidance of the police. If you do not have the conditions to report to the police immediately, as a victim, you must have the legal awareness of collecting or preserving evidence. After the victim is sexually assaulted, do not clean it immediately, and pay attention to keep the traces of the assault on the body, as well as the physical evidence involved in the assault, as well as some WeChat chat records and SMS records that may exist. If conditions permit, necessary audio and video recordings can be made before, during or after the event.
According to Article 236 of the Criminal Law , whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. But what if the victim doesn't sue? Rape cases are public prosecution cases. The public security organs conduct investigations on the facts of the crime, and the procuratorate acts as the public prosecution organs to make accusations, without the need for the victim to prosecute. In practice, if the victim does not take the initiative to report the crime, others can also report the crime.
2
privately mixed the dog food with foreign objects and caused the death of the pet, what is the responsibility for achieving everything?
In the play, Luo Xiaoxiao ( Zheng Hehuizi ) finds out that her boyfriend Qi Lei is married. The truth about the death of dogs caused by American dog food, and whether there is a problem with the dog food formula. After investigation, Luo Xiaoxiao found that the dog food in question appeared in the batches produced by the distributor Wanshida, and Wanshida mixed the dog food with foreign objects in order to reduce the cost, which eventually led to the tragedy of the death of the pet dog.
Interpretation by lawyers:
According to Chinese laws, although dog food does not belong to food, it belongs to the scope of "products" in the Product Quality Law. and other laws and regulations. For dog food with quality problems, consumers can protect their rights in accordance with the law and demand compensation from producers and sellers.
my country's Product Quality Law clearly stipulates that the products produced by producers and sold by sellers shall not be adulterated or adulterated, and shall not pass fakes as genuine or shoddy products, and shall not pass unqualified products as qualified products. Article 50 stipulates that if products are adulterated or adulterated, false products are passed off as genuine, shoddy products are passed off, or unqualified products are passed off as qualified products, they shall be ordered to stop production and sales, and the illegally produced and sold products shall be confiscated.In addition, a fine of more than 50% but not more than three times the value of the illegally produced and sold products shall be imposed; if there is any illegal income, the illegal income shall be confiscated; if the circumstances are serious, the business license shall be revoked; if a crime is constituted, the criminal shall be investigated according to law responsibility.
3
Zhou Haoyu directed and acted "Hero Save the Beauty", but caused injury to others, what legal responsibility should he bear? In
, Luo Xiaoxiao met the thoughtful and handsome Zhou Haoyu (played by Ye Shengjia ) while investigating the dog food problem with Gemei. In order to obtain a sample of dog food, Luo Xiaoxiao was almost injured by a shelf in the warehouse, but fortunately Zhou Haoyu appeared in time, "Hero saves the beauty". Unexpectedly, the same scene was staged again. This time, the "rescued" girl was really injured by the shelf and was admitted to the hospital. Luo Xiaoxiao sensed something was wrong, and found that Zhou Haoyu had manipulated the shelves, deliberately breaking the shelves, so that he could "save the beauty by a hero". Attorney
interpreted:
Zhou Haoyu set up organs to smash people, and caused a girl to be smashed and admitted to the hospital, which shows Zhou Haoyu's subjective intention. The conduct is suspected of intentional injury. According to Article 234 of the Criminal Law, whoever intentionally harms another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
4
The company conducts investigations on employees. Does the company have the right to view employees' personal items? In the play
, Zhang Fan was caught in a gossip with Lin Zhen, and there was a quality problem in the smart section of the project product that Zhang Fan was in charge of. The company suspected that Zhang Fan and Lin Zhen had a power transaction, so they investigated her and looked at her private USB flash drive. According to Article 1032 of the Civil Code, natural persons have the right to privacy. No organization or individual may infringe on the privacy of others by means of spying, intrusion, disclosure, disclosure, etc. Article 1033 of the Civil Code stipulates that, except as otherwise provided by law or with the express consent of the rights holder, no organization or individual may carry out the following acts: intruding upon others by means of telephone calls, text messages, instant messaging tools, e-mails, leaflets, etc. enter, photograph, spy on other people’s residences, hotel rooms and other private spaces; photograph, spy on, eavesdrop on, and disclose other people’s private activities; photograph and spy on the private parts of others’ bodies; deal with other people’s private information; in other ways Infringe on the privacy rights of others. The company is obviously not a law enforcement agency and has no right to view employees' personal belongings.
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Thanks to Zhang Xiaofeng, a member of the lawyer expert database of " Rule of Law Daily " and a lawyer from Beijing Jingdu Law Firm for providing professional expertise to this article support! Author of
｜Liu Dan, Zou Xingyu
Source｜Editor of
of Rule of Law Daily｜Ren Zhe
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