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[High-level rule of law dynamics].
[The Supreme People's Court released 10 typical cases of protecting agricultural land in accordance with the law].
On the 10th, the Supreme People's Court held a press conference to release 10 typical cases of protecting agricultural land in accordance with the law, demonstrating the measures and achievements of the people's courts in adhering to the strictest cultivated land protection system and effectively safeguarding the safety of cultivated land, food security and ecological environment. Wu Zhaoxiang, president of the Environmental Resources Tribunal of the Supreme People's Court, mentioned that in practice, some grassroots organizations such as villagers' committees and villagers' groups have committed the crime of illegally occupying agricultural land for profit. Most of the land involved in the case was used for land transfer agreements in the "legal" name of seedling transplanting, agricultural breeding, etc., but in fact it was mostly used for non-agricultural purposes such as illegal quarrying, mining, soil mining, setting up enterprises, and building factories. (*Xinhuanet).
[State Counsellor].
The Environmental Resources Division of the Supreme People's Court was established on July 3, 2014 to specifically enhance the intensity and professionalism of the adjudication of environmental resources cases. At present, the tribunal has realized the "three-in-one" of criminal, civil and administrative cases. The 10 typical cases of protecting agricultural land in accordance with the law released by the Supreme People's Court demonstrate the measures and results of the people's courts in adhering to the strictest cultivated land protection system and effectively safeguarding the safety of cultivated land, food security and ecological environment, which is an effective judicial implementation of environmental protection.
[Supreme People's Procuratorate: The selection of outstanding court trials for national serious crimes procuratorates has been completed].
A few days ago, the Supreme People's Procuratorate announced the results of the selection of outstanding court trials for serious crimes prosecutions. The case of Xu Yao's intentional homicide and the release of dangerous substances in Shanghai was awarded the "Top 10" cases in the national excellent trial of serious crimes procuratorate, and the intentional homicide case of Xu Ziqian in Hebei Province was rated as "excellent" cases in the excellent trial of the national serious crime prosecution. The person in charge of the Second Procuratorate of the Supreme People's Procuratorate expressed the hope that the serious crime prosecution departments at all levels will continue to improve the ability of the procuratorate to perform their duties and the level of standardization of court appearances, not only to ensure the realization of fairness and justice in substance, but also to make fairness and justice better and faster in terms of procedures, and at the same time to make the people feel, feel and feel fairness and justice in terms of effect. (*Supreme Procuratorate).
[State Counsellor].
Justice is one of the most important values of jurisprudence. The Supreme People's Procuratorate's justice-oriented selection of outstanding court trials and the presentation of the results to the public is a powerful measure to promote judicial justice. Such activities can effectively enhance the work enthusiasm and professional level of judicial workers, and play a benign role in the work of local procurators.
[Domestic hot spots].
[Beijing: The flight was canceled due to the man's plane trouble, and the passengers on the same plane wanted to sue China Eastern Airlines].
On January 4, the news of a man's flight cancellation caused by a man's fuss about the plane appeared on the hot search. The flight was cancelled due to a conflict with the crew. The other 300 passengers on the same flight can only be rebooked. China Eastern Airlines will provide compensation for rebooking, subsidies and other schemes. There are other losses for passengers as a result of this incident. More than 10 days after the incident, China Eastern Airlines still did not respond, insisting that the flight cancellation was due to weather conditions, and did not offer any additional subsidies or compensation. At present, some passengers have prepared a "class action lawsuit", demanding that China Eastern Airlines compensate 1,000 yuan, and publicly explain the situation and apologize for the flight cancellation. (*Red Star News).
[State Counsellor].
The behavior of Dong and Zhao (female, 61 years old) has violated the provisions of Article 23, Paragraph 1 (3) of the "Public Security Administration Punishment Law of the People's Republic of China", constituting an illegal act of disrupting order on public transportation.
Article 20, Paragraph 1 (3) of the Law clearly stipulates that anyone who disturbs the order on a bus, tram, train, ship, aircraft or other means of public transportation shall be punished with a warning or a fine of not more than 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.
[Hunan: Illegal hunting of wild birds, court verdict].
Recently, the People's Court of Lanshan County, Hunan Province openly tried a civil public interest lawsuit involving illegal hunting, acquisition, transportation, and terrestrial wild animals. Defendants Huang Mousheng and Zhang Mouwu illegally hunted, purchased, and **49 wild birds protected by the state, and were sentenced to one year and six months in prison and one year and one month respectively, and compensated 22,000 yuan and 28,100 yuan respectively for the loss of wildlife resources, and publicly apologized in the news at or above the county level. Yang and Pan illegally purchased terrestrial wildlife from Zhang for consumption, and bear civil liability for compensation in accordance with law. (*The Paper).
[State Counsellor].
Public interest litigation includes civil public interest litigation and administrative public interest litigation, which are divided according to the nature of the applicable procedural law or the different objects (objects) of the lawsuit. The theory of procedural law holds that if an interest is harmed, the victim has the right to sue the court for judicial relief.
The essence of the civil public interest litigation attached to the criminal case in this case is civil litigation, which refers to a composite litigation system in which the procuratorate submits a request for public interest litigation involved in the criminal litigation at the same time as initiating the criminal litigation, and the court adjudicates the case together.
This system facilitates the ascertainment of the magnitude and causality of the material damage caused by the criminal act, facilitates the protection of the economic interests of the victims, and reduces the litigation burden of the victims.
[International Hot Spots].
[South Korea: Establishment of the Council for the Prevention of Illegal Foreign Exchange Trading of Virtual Assets]
According to the South Korean Customs Service on January 8, the Customs Service jointly established the "Council for the Prevention of Illegal Foreign Exchange Transactions with Virtual Assets" with the five major domestic virtual asset management enterprises and the "Digital Asset Exchange Joint Agreement" on the same day, and actively responded to the crime of illegal foreign exchange transactions with virtual assets by strengthening cooperation with relevant departments and virtual asset management enterprises. According to the Customs and Excise, it will strengthen supervision not only against illegal overseas remittances, but also against illegal acts of using virtual assets such as tax evasion, money laundering, and overseas transfer of assets. (*Ministry of Commerce of the People's Republic of China).
[State Counsellor].
Countries have different stringent measures to combat illegal foreign exchange transactions. Stopping illegal foreign exchange transactions is of great significance for the country to prevent financial risks and ensure the safe development of the economy.
For China, cracking down on false and deceptive foreign exchange transactions is conducive to directing funds to support and serve the development of the real economy, so as to support the development of the real economy. For some foreign regulatory measures in this field, China can appropriately learn from and apply.
[Scholar's view].
[Wang Liming et al.: Opinions and Suggestions on the Revision of the Judicial Interpretation of the Marriage and Family Section of the Civil Code (II) (Draft for Solicitation of Comments)].
Recently, the Supreme People's Court, the Law School of the Chinese University, the Civil and Commercial Legal Science Research Center of the Chinese University, and the Institute of Marriage and Family Law of the Law School of the Chinese University jointly held an expert discussion meeting on the Judicial Interpretation of the Civil Code on Marriage and Family (II) (Draft for Comments) at the Chinese University, and discussed six hot social issues. On the issue of "sham divorce", most experts believe that the divorce agreement is legally binding on both parties; On the issue of cohabitation and property separation, the experts at the meeting agreed that in the absence of provisions in the Civil Code, the judicial interpretation adheres to the problem-oriented provisions, which is worthy of approval; On the issue of the gift of "third party" property during marriage, the experts at the meeting agreed that judicial decisions should resolutely make a negative evaluation in this regard. (*China Civil and Commercial Law Network).
[State Counsellor].
The six legal issues discussed in this expert discussion meeting are all issues that have been controversial for a long time in practice in the field of marriage law. The opinions put forward by the experts at the meeting not only reflect on the feasibility and rationality of legal theory from the legal level, but also reflect the basic requirements of China's laws for public order and good customs. Marriage is a sacred and solemn family relationship, and the Constitution and laws of our country protect the legitimate interests of both parties in marriage. This protection is embodied in property rights and personal interests. Therefore, experts and scholars still give opinions on issues such as "fake divorce", the gift of property to a third party during marriage, and the separation of property in cohabitation, which are based on reality and protect rights and interests, and give opinions on major issues such as legitimate interests and children in marriage.
[Information Team of this issue]:
Information editor: Zhang Yinuo Ren Pengge.
The State Counsellor said: Trainee lawyer Liu Qishu.
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This article is based on Cao Baoyin, chief counsel of Beijing Guozi Law Firm