Judicial Countermeasures for Difficult Civil Disputes - Issue 9

Author: Yang Lixin
Publisher:
Publish Date: 1998-01-01
Features: In the "Civil and Commercial Law Practice Research," four articles are included, including "Commentary on the Case of Jia Guoyu vs. Beijing International Aerosol Co., Ltd. and Others for Personal Injury Compensation." Zhang Gangcheng's "On the Nature and Effect of Third-Party Payment Contracts," Yang Fan's "On the Civil Liability for Unauthorized Disclosure of Private Telephones," and Ye Jun and Kong Ling's "On the Boundary Crossing Construction and Its Legal Effect" discuss three frequently encountered issues in practice. Based on legal principles, they propose specific opinions with insightful perspectives, worth referencing. The "Civil and Commercial Law Theoretical Research" section includes five articles. Kong Xiangjun's "Research on the Scope of Conduct and Subject Range of the Anti-Unfair Competition Law," "Three Discussions on Hot Issues of Torts," Wang Tianying's "Research on the Remedies for Infringement of Trade Secrets," Wu Zhaoxiang and Yang Tao's "Research on the Effectiveness of Consent by the Victim," and Wu Zhaoxiang's "On the Deposit" provide in-depth theoretical analysis of these three issues, offering clear perspectives on how to address problems encountered in practice. In the "Civil and Commercial Law Case Law Research," "Commentary on the Case of Yang Yushi vs. Beihai Branch of Industrial and Commercial Bank of China for Property Infringement Compensation Dispute" proposes opinions and countermeasures on how to define the nature of the behavior where banks, despite ignoring the judgments and rulings of the court, arbitrarily unfreeze and pay property, infringing on the legitimate rights of creditors. The criteria for liability, constitutive elements, and compensation relationships are also discussed. Yang Minggang, in his article "On Unconscionability," combines case analysis to provide a convincing discussion on unconscionability.