足彩app哪个是正规的

Popular Search Graduation Thesis Nursing Graduation Thesis Graduate Graduation Thesis E-commerce Thesis Undergraduate Graduation Thesis References Chinese Economic Papers

论文范文 > 硕士毕业论文 Thesis Network

Master of Laws Thesis: Excessive Innocence

编辑: 毕业论文 Release time: 2016-08-29 Editor: Graduation Thesis

Executive summary: Excessive protection of rights is essentially a misunderstanding. Excessive protection of rights has the negligence of oversight of claims. Excessive human rights protection is a negligent fault, and negligence causes damage to other people's property does not constitute a crime. Therefore, excessive human rights protection cannot constitute a crime. Set up interviews with consumers on charges of false accusation and frame crimes, and public officials who acted as tigers for crimes of private law. There is a legal basis for the implementation of social supervision and anti-counterfeiting and protection of businesses engaged in production and sales. They should praise and support their lives for the people, and should not demonize their opinions to promote social welfare.

Keywords: excessive rights protection; second rights protection; fishing set; counterfeiting rights protection; extortion; negligence

Inexorable behaviors and insatiable desires have caused chaos in the field of consumer rights. There are three general cases of rights turmoil. The first is to comply with Article 49 of the "People's Rights Protection Law of the People's Republic of China" and Article 96 of the "Food Safety Law of the People's Republic of China", and the compensation for double or less than 10 times the claim is normal right protection. , And in accordance with the provisions of Article 47 of the Law of the People's Republic of China on Tort Liability, it is normal to request punitive damages. The second type is that consumers demand higher compensation from the merchants according to their own understanding. There are also situations where they can resort to public opinion, which is excessive rights protection. A case like Huang Jing's activist case is a typical overprotection. Over-rights protection accounts for 40% of consumers who claim compensation for damage. 1 The third type is that consumers are threatened by violence or other illegal harm, forcing huge compensation. This situation has alienated rights protection and has extortion. Excessive rights protection described in this article is the second case because it does not constitute a crime because it does not have a sense of harm to society.

I. Over-protection of rights in chaos

On the one hand, seeking protection and claiming compensation due to the violation of one's own legal rights and interests is a normal right-defense phenomenon. As a damaged party, it is not always possible to ensure the standardization of his words and deeds at all times. Overcrowding situation. The over-protection of rights in Vientiane Vientiane can be divided into four types: over-protection of rights, secondary protection of rights, traps of protection of rights and counterfeiting of rights. On the other hand, the lack of uniform standards of the judiciary for the demarcation of criminals and civilians has led to the lack of guidance on the nature of excessive rights protection.

(1) Four types of excessive rights protection

Overprotection of rights

According to the provisions of Article 11 of the Consumer Protection Law of the People's Republic of China, consumers who have suffered personal or property damage as a result of purchasing or using goods or receiving services shall enjoy the right to compensation in accordance with law. According to this, the damaged consumers require the goods or service providers to provide compensation with legal evidence, and there are no more or less claims. Among them, excessive claims are excessive rights protection.

A typical case of excessive rights protection is Huang Jing's case. College student Huang Jing purchased an Asus laptop on February 9, 2006. During the use, there were many abnormalities. After several repairs by ASUS, it was found that the original official Pentium-m760 2.0G CPU was installed in the laptop It was replaced with an engineering test sample ES 2.13G CPU, and Intel specifically stated that it cannot be used in end-user products. After Huang Jing found out, he commissioned his agent to negotiate with Asus for several times. During the negotiations, his agent, Zhou Chengyu, demanded that Asustek pay punitive damages based on 0.05% of its annual turnover, amounting to USD 5 million. Since then, Asustek reported to the police that it had been extorted. This led to the parties Huang Jing and Zhou Chengyu being detained and arrested on March 7, 2006. 2 Ultimately acquitted.

2 3 4 5 6 7 下一页 Previous 1 2 3 4 5 6 7 Next

Hot spot ranking
Recommended reading

The graduation thesis website provides the latest graduation thesis topics, graduation thesis opening report , graduation thesis acknowledgment , graduation thesis defense , graduation thesis writing format , graduation thesis references, etc. At the same time, it also provides university students with the best and most comprehensive graduation thesis essays , graduation speeches , graduation messages , graduation gifts, and so on.

Some of the resources of the Graduation Thesis Network come from the Internet. The copyright of the content belongs to the original author. If there is any infringement, please let us know and we will deal with it immediately.

Graduation Thesis Website Sitemap TAG Tag Henan ICP No. 17024122-1