From July 22 to 29, 2024, a total of 25 new reference cases were added to the people's court's case database, including 9 criminal cases, 9 civil cases, 2 administrative cases, and 5 mediation cases, as follows:
Punishment
1. Jiang Mouxiang's attack on the police - the characterization of the violent attack on auxiliary police officers who are performing their duties
Gist of the Adjudication: The target of the crime of assaulting police must be the people's police who are lawfully performing their duties. Auxiliary police officers cannot be the target of the offence of assault on police officers on their own. Where the perpetrator violently attacks auxiliary police who are lawfully cooperating with the people's police in the performance of their duties, it does not constitute the crime of assaulting the police, and may constitute a crime such as obstructing public affairs depending on the circumstances.
Warehousing number: 2024-05-02-233-001
2. Case of Wang's assault on the police -- Where the perpetrator sincerely repents after committing the crime of assaulting the police and obtains the victim's forgiveness, a lenient punishment may be given as appropriate
The gist of the adjudication: Criminal reconciliation should not be applied to cases of assault on police, but the circumstances in which the perpetrator actively compensated and obtained the victim's forgiveness are still an important reflection of his attitude of voluntarily admitting guilt and repentance, and are a sign of his reduced personal dangerousness. Where the perpetrator sincerely repents after committing the crime of assaulting a police officer and obtains the victim's forgiveness, a lenient disposition may be given as appropriate.
Warehousing number: 2024-05-02-234-002
3. The case of Li Moude's assault on the police - the determination of "performing duties in accordance with law" in the crime of assaulting the police
The gist of the adjudication: "Performing duties in accordance with law" is a restrictive condition in the objective constitutive elements of the crime of assaulting a police officer. Among them, "ongoing" is a temporal requirement, which refers to the entire process of performing duties in accordance with the law, and activities that are closely related to the performance of police duties should be included in the category of "ongoing", including activities that are urgent, close, and continuous in preparing for the performance of duties; But after-the-fact attacks do not fall into that category. "In accordance with the law" is a requirement of legality, and the judgment of the legality of professional acts should start from two aspects: substantive law and procedural law, both of which are indispensable.
Warehousing number: 2024-05-02-234-001
4. Zhong Mourong's dangerous driving case - the handling of short-distance drunk driving should be treated differently
The gist of the adjudication: Items 3 and 4 of Article 12 of the "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated" stipulate that "driving a motor vehicle for a short distance in a residential area, parking lot, or other place due to moving a car, parking in a parking lot, or other places" and "driving a motor vehicle for a short distance from a residential area, parking lot, or other place for a short distance to be driven by another person, or driving a short distance out of a residential community, parking lot, or other place for the purpose of being driven by another person" may be found to be a situation where the circumstances are obviously minor and the harm is not great. For the specific judgment of the circumstances involved, the principle of unity of subjectivity and objectivity should be adhered to, and the motives and purposes of the perpetrator driving should be fully considered. If the vehicle is not driven on the road for the purpose of moving the vehicle, parking the vehicle, or handing over the driver to another person, but for the purpose of long-distance transportation, even if it is caught driving a short distance in the parking lot, it does not fall under the circumstances stipulated above.
Warehousing number: 2024-06-02-055-001
5. Case of Tian XX, Liu XX, and 12 others buying and selling official documents, certificates, and seals of state organs, and allowing the withdrawal of prosecution for the sale and purchase of identity documents--Comprehensive discretionary warehousing number for criminalizing the purchase and sale of official documents, certificates, and seals of state organs
The gist of the adjudication: When deciding whether to pursue criminal responsibility and how to determine the punishment, not only the quantity, but also the importance of the official documents, certificates, and seals involved, the consequences caused, unlawful gains, and previous criminal records shall be comprehensively considered when deciding whether to pursue criminal responsibility and how to determine the punishment, and the circumstances such as the importance, specific use, consequences, unlawful gains, and criminal record of the official documents, certificates, and seals involved shall be comprehensively assessed, and the unity of subjectivity and objectivity shall be adhered to, to ensure that the punishment is commensurate with the crime.
Where the procuratorate requests to withdraw the indictment, the people's court shall review the reasons for withdrawing the indictment and make a ruling on whether to approve it. Where the conduct involved is obviously minor and the harm is not great, and it is not considered a crime, the withdrawal of prosecution is permitted in accordance with law.
Warehousing number: 2024-18-1-237-001
6. Case of Beijing Bing Co., Ltd., Tang X et al., Illegal Buying and Selling of Armed Forces Standard Clothing - Characterization of the Illegal Sale of Armed Forces Standard Clothing through Online Platforms
The gist of the adjudication: Where the circumstances are serious, the illegal sale of armed forces uniforms through online platforms shall be punished as the crime of illegally buying and selling armed forces uniforms on the basis of the provisions of paragraph 2 of Criminal Law article 375. The online platform does not have the right to grant sales authority outside the scope of business registration of the operators on the platform, so the certification of "self-operated store" obtained after passing the review of the online platform is only a recognition of the online sales qualification, and cannot change the nature of the illegal trading of armed forces uniforms by the operators on the platform.
Warehousing number: 2024-18-1-393-001
7. Environmental pollution case of a pharmaceutical company in Zhejiang - relay compliance between the trial stage and the review and prosecution stage
Gist of the Adjudication: For cases where compliance rectification is carried out during the review and prosecution phase, the people's court shall conduct a review of the effectiveness of compliance; Where upon review it is found that the corrections have not yet been put in place, they may organize continued compliance corrections during the trial phase.
Where the enterprises involved in the case have completed effective compliance rectifications, the people's courts may give leniency in accordance with law based on the specific circumstances of the case. Persons directly responsible who do not admit guilt and accept punishment shall be distinguished in the specific disposition.
Warehousing number: 2024-18-1-340-006
8. Case of Wang Mouhui selling goods with counterfeit registered trademarks - compliance rectification of enterprises in other places
The gist of the adjudication: In cases where the place of registration, production and operation of the enterprise involved in the case is inconsistent with the place of jurisdiction of the case, and upon review it is found that the conditions are met, the compliance rectification of the enterprise involved in the case in another place may be carried out. For those who have completed effective compliance corrections, they may be given a lenient disposition in accordance with law based on the specific circumstances of the case.
Warehousing number: 2024-18-1-157-001
9. Xu Moushun and Zhang Mouqiang's major liability accident case - Carry out compliance rectification in the trial stage
Gist of the Adjudication: In cases where compliance rectification of the enterprise involved in the case was not carried out during the review for prosecution phase, the people's court may decide to carry out compliance rectification during the trial phase if upon review finds that the conditions are met. Where effective compliance corrections are completed, the people's courts may give lenient dispositions in accordance with law based on the specific circumstances of the case; Among them, where the circumstances of the crime are minor, criminal punishment is waived in accordance with law.
Warehousing number: 2024-18-1-057-001
Civil affairs
1. Lou XX v. Du Moufeng, a dispute over portrait rights - Where a minor's portrait picture is stolen and a topic is concocted in the information network to cause public opinion, it may be found that serious mental harm has been caused to the minor
Gist of the Adjudication: Where the portrait images of minors are used without permission, and topics are concocted in information networks by means such as fabricating facts, spreading rumors, etc., causing online public opinion and other negative social impacts, it may be found to constitute serious mental harm to minors. Where minors and their guardians demand that the perpetrator bear responsibility for compensation for moral damages on the basis of article 1183 of the Civil Code, the people's courts are to support it in accordance with law.
Warehousing number: 2024-14-2-004-001
2. A Beijing construction engineering company v. Beijing Branch of a construction company and a construction company over a construction project subcontract dispute – the clause stipulating that the general contractor should pay the price as a precondition for the general contractor to pay the subcontractor cannot be used as a defense for the general contractor to refuse to perform the payment obligation
The gist of the adjudication: In a construction project subcontract, if the contract stipulates that the payment by the owner shall be the payment condition of the general contractor to the subcontractor, such payment terms cannot be a reasonable reason for the general contractor to delay the payment of the subcontractor's project payment indefinitely. If the project has been completed, accepted, and put into use, and the general contractor refuses to pay the subcontractor on the grounds that the payment from the owner is a payment condition from the general contractor to the subcontractor, the people's court will not support it.
Warehousing number: 2024-08-2-115-002
3. Li Mouhuan, Liu Mouxi et al. v. Beijing Hua Commercial Building Co., Ltd. Pinggu Branch for Breach of Safety and Security Obligations, a Dispute over Liability for Breach of Safety and Security Obligations - Determination of the Reasonable Limits of the Safety and Security Obligations of Operators and Managers of Shopping Malls and Other Business Premises under the Circumstance of Third Party Infringement
Gist of the Adjudication: The security obligations undertaken by operators and managers of shopping malls and other business venues shall be limited to reasonable limits. If the operator or manager has fulfilled its security obligations within a reasonable limit, but is still unable to prevent, control and avoid the occurrence of third-party infringement, it cannot be determined that the operator or manager bears tort liability solely from the perspective of the strength of the entity's position.
Warehousing number: 2024-07-01-370-001
4. A construction company in Shanghai v. a company in Shanghai over a construction contract dispute - in the case that the project has passed the acceptance and has been delivered, the agreed clause on the premise of the owner's payment of the project price cannot be used as the defense for the general contractor's refusal to perform the payment obligation of the subcontractor
The gist of the adjudication: In a construction contract dispute, if the contract stipulates that the payment of the project price by the third-party owner shall be a precondition for payment, the general contractor shall not transfer the risk to the subcontractor who has completed the construction according to the contract when the construction project has passed the completion acceptance and has been delivered, and the third-party owner has entered bankruptcy proceedings resulting in great uncertainty as to whether the general contractor can pay the project payment in full and in a timely manner. Where the construction project passes the completion and acceptance, and the subcontractor requests payment of the project price with reference to the contract, the people's court shall support it.
Warehousing number: 2024-08-2-115-001
5. A material company in Guangxi v. an engineering company, a dispute over a sales contract - the clause stipulating that the payment of the owner unit is the payment condition of the contractor to the supplier cannot be used as a defense for refusing to perform the payment obligation
The gist of the adjudication: When the contractor signs and performs a procurement contract involving construction projects with a supplier, the contractor, as an independent commercial entity, shall independently bear the commercial risk that the third-party owner will not be able to pay for the project. If the contractor agrees to make payment to the supplier a condition for payment by the third-party owner, and uses this as a reason for refusing to pay, the people's court will not support the clause because it does not conform to the purpose of the contract signed by the two parties.
Warehousing number: 2024-08-2-084-011
6. Shenyang Municipal People's Procuratorate v. Zeng Mouxin, a civil public interest lawsuit for the protection of heroes and martyrs -- legal responsibility shall be borne for publishing derogatory or scandalous remarks on online social platforms
Gist of the Adjudication: The act of publishing remarks insulting or slandering heroes and martyrs on online social media platforms with a large number of people falls under "acts that infringe on the reputation and honor of heroes and martyrs and harm the public interest" as provided for in article 25 of the "People's Republic of China Law on the Protection of Heroes and Martyrs". Where the heroes and martyrs have no close relatives or close relatives do not initiate litigation, and the procuratorate initiates a civil public interest lawsuit, the people's court is to order the perpetrator to bear civil liability such as making a formal apology and eliminating the impact.
Warehousing number: 2024-18-2-467-001
7. An international limited company v. a ceramic company in Sanshui District, Foshan City, et al., a trademark infringement and unfair competition dispute - the publicity method of comparing the well-known trademarks of others with one's own goods constitutes unfair competition
Gist of the adjudication: The use of marks similar to the well-known trademarks of others on websites, brochures and sales vouchers will attract the attention of the public, cause misunderstanding among the relevant public, thereby weakening the distinctiveness of the well-known trademarks of others, and causing the interests of the owner of the well-known trademarks to be harmed, and the above-mentioned acts constitute an infringement of the exclusive right to use the well-known trademarks of others. The promotion method of comparing the well-known brands of others with one's own products subjectively has the intention of using the goodwill of others to promote one's own products and improve the popularity of one's own products, which violates the principle of good faith and generally accepted business ethics, and constitutes unfair competition.
Warehousing number: 2024-09-2-159-009
8. Zhuang XX and Sasaki XX v. Shanghai Network Technology Co., Ltd., a dispute over infringement of the right of information network transmission of works - network service providers have a duty of care to network users who have been litigated
Gist of the adjudication: Generally, network service providers that provide P2P technology do not directly carry out the act of disseminating works through the Internet, but objectively provide technical support for network users to disseminate infringing works, which plays a role in helping infringement. If the network service provider is subjectively at fault, it will be liable for joint infringement due to indirect infringement. The failure of a network service provider to exercise reasonable care with respect to a network user who has had an infringement lawsuit on its website can be regarded as a manifestation of subjective fault.
Warehousing number: 2024-09-2-158-009
9. A company v. an insurance company, a dispute over infringement of computer software copyright - review standards and implementation of electronic evidence preservation
Gist of the adjudication: Since computer software is easy to be uninstalled and deleted, it is difficult for the right holder to collect evidence from end users using pirated software, and applying for evidence preservation has become an important way for the right holder to obtain evidence. In the process of handling evidence preservation, on the one hand, the court should strictly review the conditions for evidence preservation to avoid becoming a tool for the parties to obtain evidence; On the other hand, the court should actively carry out evidence preservation acts in accordance with the law, so that the evidence of the defendant's infringement can be fixed in a timely manner.
Although the Copyright Law stipulates that the maximum amount of statutory compensation shall be applied when neither the plaintiff's losses nor the defendant's profits can be determined, if there is evidence to prove that the losses of the right holder or the illegal profits of the infringer have exceeded the maximum amount of statutory compensation, the amount of compensation shall be reasonably determined above the maximum amount of statutory compensation based on the evidence of the case.
Warehousing number: 2024-09-2-158-008
Administration
1. Wu XX v. Yuncheng Municipal People's Government, Case of Non-performance of Statutory Duties - The conduct of a higher-level administrative organ ordering a lower-level administrative organ to perform an administrative reconsideration decision based on an internal hierarchical supervision relationship does not fall within the scope of administrative litigation
The gist of the adjudication: The act of the administrative reconsideration organ ordering the respondent to perform the administrative reconsideration decision is an act of supervising the performance of responsibilities made by the higher-level administrative organ to the lower-level administrative organ based on the internal hierarchical supervision relationship, and has not had a new impact on the rights and obligations of the administrative reconsideration applicant. According to <中华人民共和国行政诉讼法>Article 1, Paragraph 2, Item 8 of the Interpretation of the Supreme People's Court on Application, it does not fall within the scope of administrative litigation accepted by the people's courts, nor does the act of copying or informing cases arising from such acts fall within the scope of administrative litigation.
Warehousing number: 2024-12-03-016-001
2. Chengdu Automobile Service Co., Ltd. v. Chengdu Municipal Bureau of Ecology and Environment and Chengdu Municipal People's Government Administrative Penalty Case - Compliance Rectification in Administrative Penalty Cases
Gist of the Adjudication: In cases where the enterprises involved in the case have completed effective compliance rectifications, the people's courts may organize mediation between the enterprises involved in the case and the administrative organs in accordance with law. Where an administrative organ decides to reduce punishment, and the enterprise involved in the case applies to withdraw the lawsuit, the people's court is to permit it in accordance with law.
Warehousing number: 2024-18-3-001-025
Mediation
1. Beijing Ji Technology Company v. Shenzhen Hai Technology Company and Wuhan New Logistics Company Infringement Utility Model Patent Dispute Case - Contributed to the package resolution of more than 10 civil and bank cross-disputes between "specialized, special and new" intelligent logistics robot enterprises in accordance with the law
Mediation Guidelines: This case embodies the concept of win-win mediation, and ultimately enables the parties to go further hand in hand. Through an in-depth understanding of the industry characteristics, competition pattern and the crux of the dispute behind the case, the collegial panel of the second instance actively performs its duties from the perspective of escorting science and technology and industrial innovation, organically combines mediation and trial, deeply grasps the characteristics of the trial of technology-based intellectual property cases, guides both parties to focus on long-term development, focuses on future innovation, and achieves a win-win situation on the new track of the intelligent logistics robot industry through licensing and other technical cooperation methods, which not only resolves the current disputes, but also prevents the recurrence of disputes in the future, and extends the effect of litigation source governance.
Warehousing number: 2024-13-6-160-004
2. Nuo Chemical (Taixing) Company v. Shandong Min, a technology company, a dispute over infringement of technical secrets
-- Mediation with heart and emotion, and use the "Oriental experience" to resolve transnational disputes
Mediation Guidelines: This case embodies the mediation concept of "balanced coordination and multi-party consideration", effectively balances the interests of all parties, and achieves a win-win situation. In the process of mediation, the people's court adheres to the concept of equal protection of Chinese and foreign enterprises, understands the mediation intentions of both parties in a timely manner, encourages both parties to resolve all disputes through package mediation, and takes the professional evaluation of the facts of the case as the foundation, the frank communication of "as I am suing" as the method, and the purpose of resolving the disputes between the two parties fairly and justly, and wins the trust of both parties through patient interpretation of the law and reasoning, guides both parties to let go of mustard and seek a win-win situation, and finally reaches mediation to effectively protect intellectual property rights. It also clears the technical obstacles for the subsequent production and operation activities of the enterprise, avoids more hidden dangers of intellectual property disputes, and lays a good foundation for the future sustainable cooperation between the two sides.
Warehousing number: 2024-13-6-176-001
3. Zhejiang Zuo medical technology company v. Wan Moujia, a patent right and patent application ownership dispute
——After years of dispute settlement, the parties regained confidence in win-win cooperation
Mediation Guidelines: The handling of this case embodies the mediation concept of "avoiding both sides and pursuing win-win cooperation". Under the circumstance that both parties are optimistic about the market prospects of the relevant products, the court guided the parties to make effective arrangements for the relevant disputes and future development, which not only helped the enterprise regain confidence in continuing to operate, but also dispelled the concerns of scientific researchers about carrying out future research and development, and finally helped both parties to abandon their previous suspicions, shake hands and achieve a win-win situation, and completely resolve the conflicts between the parties for many years.
This case practiced the mediation method of "finding the greatest common divisor", discovered the "greatest common divisor" of the two parties to the conflict, clarified the possibility of seeking common ground while reserving differences, and allowed the parties who have been engaged in litigation for many years to temporarily put aside their disputes, and facilitated the resolution of a series of disputes that have been around for a long time.
Warehousing number: 2024-13-6-160-003
4. Zhang Mouwu v. Yizheng Jia, a material company, a engineering company, and B engineering company for infringement of utility model patent rights dispute - a mediation agreement ended a ten-year patent dispute
Mediation Guidelines: Designating a court for centralized jurisdiction over first-instance cases with highly related facts is conducive to realizing the litigation economy and ensuring the coordination of adjudication results, and also lays a good foundation for successful mediation in the second instance.
Warehousing number: 2024-13-6-160-002
5. A United Kingdom technology company v. a technology (Suzhou) company for infringement of invention patent rights dispute - a global package settlement of a series of disputes involving Chinese and foreign parties
Mediation Guidelines: In the trial of foreign-related intellectual property cases, the mediation concept of "promoting win-win cooperation between Chinese and foreign entities and seeking common innovation and development" should be adhered to, and the mediation method of "comprehensively sorting out a series of disputes and building a unified dialogue platform" should be adopted as appropriate. Through active performance of duties and management of litigation sources, we have facilitated Chinese and foreign parties to reach a package settlement of a series of disputes around the world, substantially resolved transnational disputes through mediation, which is the "Oriental experience", helped both parties to free themselves from intellectual property disputes that have lasted for many years, and helped create a market-oriented, law-based and international first-class business environment.
Warehousing number: 2024-13-6-160-001
Source: Official website of the People's Court Case Database
Letters of recommendation
Comparison and Key Interpretation of the Provisions of the New Company Law
China Legal Publishing House, 2024 edition
Comparison of the old and the new, interpretation of key points, related provisions, and case reference
The two-column table is exhausted in one table
