What is Legal.com?
Some people say that the legal answer network is the "magic weapon of research" of the Supreme People's Court; Some people say that the legal answer network is an important platform for judges in grassroots courts to "seek medical advice"; Others say that the legal answer network is a "barometer" and "weather vane" in the field of law application.
On July 1, 2023, the legal answering website was officially launched. As of December 31, there were 224809 inquiries from court officers and police officers across the country, and a total of 165044 questions were answered. A freshman platform, in just 6 months, how to "circle fans" with strength? What are the remaining issues that need to be solved?
With these questions, recently, the reporter visited several courts. The answer may be found in a few thought-provoking stories.
Story 1: Who exactly are delivery riders working for?
Food delivery riders, ride-hailing drivers, online anchors, ......The vigorous development of Internet information technology has given birth to a large number of new occupations. The new flexible form of employment has also brought new challenges to the determination of labor relations in judicial practice.
Xiao Qi is a delivery man for a delivery company. After joining the company, Xiao Qi signed a format contracting agreement with a food delivery platform in the name of a physical and commercial household. On the way to deliver food, Xiao Qi was injured in a traffic accident, and in order to apply for work-related injury identification, Xiao Qi and the delivery company had a dispute over whether there was an employment relationship and sued the Gaotang County People's Court of Shandong Province.
After receiving the case, the presiding judge Li Mingyue was a little difficult: "Xiaoqi accepts the dispatch of the food delivery platform in the name of an individual industrial and commercial household, and at the same time, the distribution company manages and pays wages. Does Xiaoqi form a contractual relationship with a food delivery platform as a commercial entity, or does it constitute an employment relationship with a delivery company as a laborer? ”
When she was at a loss, Li Mingyue thought of the legal answer. Typing in the search column "labor relations in new forms of employment", Li Mingyue found that there were a lot of questions and answers about labor relations related to food delivery riders, online car-hailing drivers, online anchors, etc.
The majority view is that under the new form of employment, whether an employee and a platform enterprise or an employment cooperative enterprise constitute an employment relationship should be analyzed and judged based on factors such as the fact of employment and the degree of labor management, and the degree of independent decision of the worker on working hours and workload, the degree of management of the labor process, whether the worker needs to comply with the relevant work rules, whether the labor discipline and reward and punishment measures are applicable to the worker, and whether the worker can decide and change the transaction.
What makes Li Mingyue even more pleased is that in the "Q&A section of the Supreme People's Court", the First Civil Division of the Supreme People's Court gave a reply with the significance of adjudication guidance on "determining whether there is an employment relationship between workers in new employment forms and platform enterprises".
The reply clearly points out that the existence of an employment relationship should be determined by comprehensively considering the existence and strength of personality subordination, economic subordination and organizational subordination in light of the relevant elements of labor management.
Although the situation targeted by the reply is an online anchor, it also has important reference value for the determination of labor relations in other new forms of employment. At this time, Li Mingyue had a number in her heart.
Based on the facts of the case, and an in-depth analysis of Xiaoqi's working mode and the extent to which the food delivery platform manages Xiaoqi, the court finally determined that the food delivery platform is an information medium, and that there is labor management between Xiaoqi and the delivery company, which constitutes an employment relationship. After the judgment was announced, both parties accepted the judgment and dismissed the lawsuit, and Xiao Qi quickly filed an application for work-related injury after receiving the judgment.
The legal relationships involved in civil and commercial disputes are often complex, especially with the economic and social development, various new types of disputes emerge one after another, putting forward new and higher requirements for judicial protection rules, and only by continuously strengthening study and research can we continue to meet the people's higher needs and expectations for justice. The legal answer network provides a good learning and research platform for the public official group.
According to Chen Longye, director of the Civil Division of the Research Office of the Supreme People's Court, there are many cutting-edge and novel legal application questions and answers on the legal answer website, and massive data is constantly collected, which will provide solutions for the people's courts to hear various new types of cases.
Story 2: What should I do if the elevator is installed in the old community to block the light?
The installation of elevators in old residential areas is a major decision-making deployment made in line with the trend of aging in China, and it is an important livelihood project. However, in the process of installing elevators, residents on high and low floors are prone to conflicts and disputes due to different needs.
Walking into Fancheng District, Xiangyang City, Hubei Province, the reporter saw that some old communities have been or are installing elevators. Residents said that the elevators were successfully installed thanks to the help of the Fancheng District People's Court.
Nine people, including plaintiffs Uncle Chen and Aunt Lu, and defendant Uncle Jiao are the owners of the same unit in the same community. This unit has a total of 12 residents on 6 floors, most of the owners are middle-aged and elderly, 9 people including Uncle Chen and Aunt Lu are high-rise owners, and Uncle Jiao is the owner of the first floor.
With the signature and consent of the owner of the unit, the planning, design and construction plan were publicized, and the relevant functional departments approved the application for the installation of elevators in the community. However, when the construction unit entered the site for construction, Uncle Jiao obstructed the construction many times on the grounds that the installation of elevators would affect its lighting, until the project was forced to be suspended. Uncle Chen, Aunt Lu and other 9 neighbors sued Uncle Jiao to the court together.
After analyzing the case, the presiding judge Chen Difei fell into a dilemma: on the one hand, the procedure for installing elevators is legal, which is related to the travel rights of the elderly; On the other hand, the neighbouring rights of the low-rise owners are also reasonable.
How to find a just and reasonable solution between the cold legal provisions and the vivid social reality?
If you have a question, find a legal answer", Chen Difei thought of the legal answer. By searching for keywords, Chen Difei found that the conflict of interest between low-rise and high-rise residents caused by the installation of elevators is widespread.
On the premise of respecting the right of the elderly to travel, the legitimate rights and interests of the affected owners should be fully considered, and it is recommended that low-rise residents seek reasonable economic compensation to achieve a balance of interests ......”
Judge Jiao Jingping of the Second Civil Division of the Xiangyang Intermediate People's Court gave targeted Q&A opinions for Chen Difei's question from three specific considerations. In this way, this seemingly unsolvable contradiction has found a good way to resolve it legally, reasonably, and reasonably.
The final judgment of the case was that Uncle Jiao had a reasonable obligation to tolerate this livelihood project, and must not hinder the normal progress of the elevator installation project, if the addition of the elevator did have a negative impact on the lighting of his house, he could negotiate with the beneficiary parties to deal with it or find another legal way to protect his rights and interests.
On the basis of properly handling individual cases, the Fancheng District Court also combined the value orientation of the legal answering network to further explore and promote the management of litigation sources in related fields.
The hospital took the initiative to join the housing and urban-rural development department, the street office, the elevator installation company, etc. into the community, and jointly held the "elevator installation coordination meeting", and the staff of the housing and urban-rural development department preached the elevator installation policy, dispelled the concerns of low-rise owners, and promoted mutual understanding between high-rise and low-rise owners. There have been no neighborhood disputes caused by the installation of elevators in the jurisdiction.
Through the legal answering network, judges took into account emotion, reason, and law, and promoted the governance of litigation sources on the basis of resolving individual cases. Jiang Jiadi, deputy director of the Civil Division of the Supreme People's Court Research Office, said that the case has played a good role as an example for the people's courts to hear similar cases.
Story 3: How to break the "routine joining" of the bubble tea shop?
Milk tea, as a fashionable drink, is deeply loved by young people. However, behind this seemingly sweet industry, there is a huge ** - milk tea shop joining**.
A certain routine franchise contract** is a case involving more than 5,800 victims and the amount involved is 4The 400 million yuan "routine franchise" contract fraud case is also the first "routine franchise" contract fraud case in the field of commercial franchising in Shanghai.
In this case, in order to seek illegal benefits, the defendant established a catering company, without the authorization of the relevant well-known milk tea brand, without the operational capacity and relevant qualifications, set up a number of false franchises**, designed and published investment advertisements with the words "brand joining", promised to provide "all-round" franchise services such as site selection, training, publicity, etc., induced potential franchisees to sign contracts, and defrauded franchise fees.
Qian Ying, a judge at the Songjiang District People's Court in Shanghai, was the undertaker of the case. During the trial, a series of "incurable diseases" in the application of the law made it difficult for her several times.
How to distinguish the criminal and civil aspects of franchise in commercial franchising, whether it is civil fraud or criminal fraud? How to determine the total amount involved in the case of "routine joining"? How to safeguard the legitimate rights and interests of thousands of private enterprises?
Qian Ying summarized and refined the relevant legal application issues of the case, and raised a question on the legal answer website: In the case of "routine joining" involving the public, how to determine the boundary between criminal and civil law and responsibility?
Li Changkun, vice president of the Criminal Trial Division of the Shanghai High People's Court, is one of the members of the expert database of the legal answer network. After receiving the question, Li Changkun did a lot of homework, and gave a specific opinion of nearly 900 words based on practical experience and relevant legal provisions:
In determining the responsibility of the behavior, the difference between crime and non-crime in the nature of the act should be emphasizedIn the characterization of conduct, a distinction should be made between civil fraud and contract fraud, fraud, false advertising and other crimes; In determining the amount of the crime, the method of comprehensive judgment should be ......”
Under the guidance of the experts' reply opinions, the Songjiang District Court had a clearer understanding of the application of relevant laws, and finally sentenced the relevant defendants to prison terms ranging from 14 years and six months to three years for the crime of contract fraud, and imposed corresponding fines.
In recent years, there has been a gradual increase in the number of cases involving false investment promotion. Many criminals defraud franchisees of their money through false publicity, exaggerated promises, malicious breach of contract and other means, so that they fall into business difficulties or even debt crisis.
Zhou Jiahai, director of the Research Office of the Supreme People's Court, said: "The greatest value of this Q&A is that it helps grassroots judges clarify the application of law in a timely and effective manner, so as to recover losses for victims and expose the fraud methods of 'routine joining' to the society." ”
The "second half of the story" is getting more and more exciting
How does Fada "circle fans" with its strength? The answer to this question may already lie in the stories above. And stories like this happen every day.
Consultation and Q&A, all the stories do not stop at consultation and Q&A. With the promulgation of the "Notice of the Supreme People's Court on Further Improving the Work Related to the Legal Answering Network", the "second half of the article" of the story has become more and more exciting.
Courts at all levels have used the legal answering network as a "bonanza" to dig deep into the source of major and difficult problems in trial practice, and carried out targeted work on the transformation of achievements, and continuously implemented and deepened the work of consultation and Q&A
The First Civil Tribunal of the Supreme People's Court, in conjunction with the high-frequency Q&A on the Legal Answer Network, promoted the release of typical cases involving wage arrears disputes, and at the same time promoted the drafting of judicial interpretations such as the tort liability section of the Civil Code;
The Research Office of the Supreme People's Court has used the Legal Answer Network as an important research platform for the drafting of judicial interpretations, combing and summarizing more than 1,100 high-frequency questions related to injunctions on infringement of personality rights, the intersection of criminal and civil cases, and civil procedures, and intends to clarify the relevant issues through the formulation and revision of judicial interpretations;
The higher courts in Anhui and Beijing have strengthened business guidance and unified adjudication standards by organizing training, seminars and exchanges in response to issues related to the liability of the affiliated party, the standard for the return of marital property, the purchase of a car in a borrowed name, and the right of residence, which are relatively popular in the construction engineering field.
The Hebei Provincial High People's Court has issued a provincial reference case in response to the problems of fund-raising fraud and inconsistent standards for determining trademark infringement found in the legal answer network; In response to issues such as the determination of facts and the application of law in the compilation of personality rights, compile and distribute the exchange of research results, and publish typical cases;
The Shanghai High People's Court conducted an in-depth investigation on the issue of "determination of the liability of e-commerce platforms" on the legal answer website, and established an application scenario of "unification of the law for the responsibility of e-commerce platform operators", and automatically reminded the system of inconsistencies between the determination of liability in the judgment and the embedded rules, effectively avoiding the problem of different judgments in similar cases;
According to Si Yanli, deputy director of the Research Office of the Supreme People's Court, the questions on the legal answer website are all consultations that have been refined and abstracted into the application of law, and do not involve specific case facts; The Q&A experts are all selected from among trial experts, senior judges, and professional backbones; Answering experts must put forward Q&A opinions in strict accordance with laws, judicial interpretations and other provisions and release them after review by the relevant person in charge, and for major, difficult and complex consulting issues, a number of experts can also conduct collective research to ensure that the Q&A opinions are accurate and authoritative.
It can be said that the more than 200,000 consultation questions on the legal answer website are the most direct reflection of the practical confusion of front-line judges at the middle and grassroots levels across the country, and are detailed, comprehensive, and true first-hand information.
Relying on the legal answer network, we can discover typical problems in the application of law and targeted solutions in a timely manner, provide a useful reference for the unification of relevant law application standards across the country, and also accumulate practical experience for the formulation of relevant judicial interpretations, so as to ensure that trial guidance is targeted. Zhou Jiahai said.
New stories are still being written, and everything is still to be continued.
When I opened the legal answer network, one sentence was particularly eye-catching: "To be good at learning is to be good at progressing." * The general secretary's earnest teachings are exactly the original intention of the establishment of the legal answering network.
Encourage cadres and police to "ask good questions", encourage experts to "answer good questions", and the consultation and Q&A data of the legal answering network are refreshed every day.
Behind every moving figure is a thought-provoking story. And every question and answer triggered by this may be a small step on the road to the construction of rule of law in China. (Reporter Gao Qianqian).
*: People's Court Daily.
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