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[High-level rule of law dynamics]
[The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, and the All-China Lawyers Association held the first work exchange meeting]
On January 24, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, and the All-China Lawyers Association held the first work exchange meeting, Zhang Jun, Secretary of the Party Group and President of the Supreme People's Court, Ying Yong, Secretary of the Party Group and Procurator General of the Supreme People's Procuratorate, and He Rong, Secretary of the Party Group and Minister of the Ministry of Justice, attended the meeting and delivered speeches. Establish a "four-party consultation" mechanism among courts, procuratorates, judicial-administrative organs, and lawyers associations, focusing on key areas of lawyers' work of common concern, strengthening coordination and cooperation, and deepening positive interactions. (Source: Ministry of Justice)
[State Advisor]
From a societal perspective, the Quadripartite Conference strengthens cooperation within the judicial system, enabling the various branches of the judiciary to work more effectively together to combat crime, protect citizens' rights and uphold social justice. For the lawyer industry and the people, this four-party mechanism can improve the management level of the lawyer industry, speed up the progress of case processing, and provide better legal services for the masses.
[Supreme People's Procuratorate: Give full play to the procuratorial function of public interest litigation to serve the "three rurals"]
On the 26th, the Supreme People's Procuratorate issued the "Notice on Giving Full Play to the Procuratorial Functions of Public Interest Litigation to Serve the "Three Rurals" Work and Promote Rural Revitalization, requiring procuratorial organs at all levels to focus on comprehensively promoting rural revitalization and accelerating the modernization of agriculture and rural areas, focusing on food security, cultivated land protection, rural development, rural construction, and rural governance, actively performing their duties and responsibilities, and contributing to the rural revitalization strategy and agricultural modernization. Eight key areas for handling cases have been determined, including intensifying the handling of cases of illegal acts of indiscriminate occupation and destruction of farmland, cracking down on illegal acts of destroying high-standard farmland construction, and supervising and regulating the management and use of funds benefiting farmers. (Source: CCTV News)
[State Advisor]
Grain production is the top priority of national security, and the smooth development of the "three rural" work is of great significance to China's overall economic and social development. Supporting the "three rural" work in terms of the rule of law can ensure the effective implementation of agricultural production activities, increase farmers' incomes, further improve rural infrastructure, and improve education and health services. At the same time, it also warns farmers who participate in illegal acts will face legal sanctions, and the government will not tolerate any behavior that violates the policy of cultivated land protection and rural revitalization!
【Domestic Hot Spots】
[Fujian: Two defendants were sentenced for false litigation for usury]
Recently, the Intermediate People's Court of Xiamen City, Fujian Province, pronounced the second-instance verdict on the case of false litigation by Xiao X A and Xiao X B, and Xiao X A and Xiao X B were sentenced to five years and two years and ten months in prison respectively. It is understood that Wang borrowed 300,000 yuan from Xiao Moujia in the name of his daughter Xiao Wang. After being unable to repay and paying only interest, the family moved to Xiamen. Xiao Moujia sought usury in order to realize the creditor's rights, filled in false housing rental information, and instructed Xiao MouB to sue Xiao Wang. Because Xiao Wang did not respond to the lawsuit, the court of first instance supported Xiao Mouyi's litigation claim and rejected the retrial. Xiao Wang sued after discovering that the property had been transferred, but Xiao Moujia fabricated evidence and gave false testimony to the court, causing Xiao Wang's request to be rejected. (Source: Beiqing Net, People's Court Net)
[State Advisor]
In economic dealings, especially in lending relationships, it is necessary to abide by the law, maintain integrity, and not obtain benefits through deception, false information, etc. Although Xiao Moujia is to realize the creditor's rights, his means have violated the law. It is worth noting that the debtor Wang borrowed 275,000 yuan, but only returned 24,000 yuan, and we are also wary that we should pay attention to the debtor's ability to repay when borrowing, and recover the arrears through legal means, otherwise we will be the same as Xiao A and Xiao B in this case, not only unable to recover the arrears, but also bear criminal responsibility.
[Chongqing: Cracked the illegal business case of "Apple ID loan"]
The Wuxi County Public Security Bureau in Chongqing learned that the bureau successfully detected a nationwide case of illegal operation of "Apple ID loans". Without the approval of the regulatory authorities, Huang and 9 others, for the purpose of profit, under the guise of "Cook leaseback", placed "Apple ID Loan" advertisements through the platform, solicited Apple mobile phone users and provided loans, and then changed the Apple ID password through remote control of the mobile phone application, threatened to lock the mobile phone, and made the borrower overrepay the loan by calling relatives to harass them and exposing personal information. The gang has illegally lent more than 700 yuan in principal and made illegal profits of more than 100 yuan. The people's police of the special case group arrested all the members of the illegal criminal gang. (Source: China News Network)
[State Advisor]
Illegal online loans are equivalent to high interest rates, which are often deliberately set to make borrowers unable to repay the loans, and once the personal information provided for online loans is abused, it will pose a serious threat to the borrower's personal privacy. If you really need a loan, you must go to a formal financial institution and legal and compliant lending channels to avoid hastily choosing an online loan in the midst of pressure or urgent need, and at the same time, when you encounter similar legal problems, you should seek legal assistance or consult a legal professional in time.
【International Hot Spots】
[Italy: Proposed severe punishment for abandonment of animals on roads, up to seven years in prison]
A few days ago, the Italian government approved an amendment to the road traffic law, increasing the criminal and administrative sanctions for the abandonment of animals on the road, and the person responsible can be sentenced to up to seven years in prison. The amendment provides that the offence of road homicide, i.e. the offence of death or injury caused by dangerous driving, will apply to the offence of road homicide, i.e. the offence of causing death or injury by dangerous driving, which endangers the life of another person by abandoning an animal (e.g. a pet dog) on a road or near a busy traffic area. At the same time, even if there is no traffic accident, the act of abandoning animals on the road will face harsher penalties. The amendment will be implemented after it has been considered and approved by Parliament. (Source: Ou Shi Dashen)
[State Advisor]
When an animal suddenly appears on the road, the danger is self-evident, and the driver may lose control of the vehicle and collide with another vehicle in order to avoid it, resulting in damage to the vehicle and casualties. Moreover, the abandonment of an animal is also an irresponsible act, and the mind should be prepared to raise the animal when adopting it, rather than abandoning it after adoption. Therefore, this is not only a disregard for small lives, but also poses a threat to the safety of passing vehicles. The Italian government has passed legislation to increase the penalties for abandoning animals on the road, which is not only a respect for animal rights, but also a responsibility to protect public safety.
【Scholars' Views】
[Zhao Jingwu (Associate Professor, School of Law, Beihang University): Dynamic trade-offs based on the overall interest structure, analysis of the application of face recognition technology]
Although facial recognition technology can improve the quality of service, it also creates a risk of technology abuse, and some managers of public places and business premises use facial recognition technology without notice or consent for cost saving and other considerations, which has an adverse impact on personal rights and interests.
However, at the legislative level, it is not advisable to completely prohibit or allow the application of technology, and how to take into account the interests of individuals, industries, and the public has become a practical problem. The comparison and balance between public interests and personal interests in the legal value hierarchy is not sufficient to point out the legitimacy boundary of the application of facial recognition technology in practice, and the use of facial recognition technology in public places for the purpose of public safety cannot automatically confirm its legitimacy. In order to make up for the disadvantages of the previous dualistic interest balance, it is more appropriate to make a dynamic trade-off based on the overall interest structure, and analyze the impact of the application of face recognition technology on individual interests, industrial interests, user interests and public interests. (Source: Legal Science (Journal of Northwest University of Political Science and Law), Issue 1, 2024, "Benefit Trade-off and Legitimacy Determination of Face Recognition Technology Application")
[State Advisor]
Society must find ways to balance the privacy of individuals with the benefits of technology, including the benefits of promoting security and efficiency. Ensuring that the use of facial recognition technology is both legal and ethical is a key challenge. For people's lives, ensuring the security of personal information is as important as protecting personal privacy and other basic rights. If facial recognition technology can be properly managed and regulated, it can not only promote the rapid development of science and technology, but also protect the interests of individuals and the public.
【Information Team】:
Information editor: Zhang Yinuo Ren Pengge
The State Counsellor said: Lawyer Hao Taoran
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(This article is based on the video of Cao Baoyin, chief counsel of Beijing Guozi Law Firm, "Cao Shuo Fa Daily Legal Information Series])