Legal Analysis of the Incident of a Falling Train Luggage Causing Infant Death

2025-05-09

Recently, a news story about a "high-speed train luggage hitting a pregnant woman, resulting in premature birth and death of the baby" has aroused widespread social concern. In the incident, a pregnant woman was injured by luggage falling from the luggage rack while riding a high-speed train, which eventually led to premature birth and death of the fetus. Behind this tragedy, there are complex legal issues that are worth analyzing in depth from a legal perspective.

Case Study | In the context of bankruptcy, a debt-for-property agreement where the original claim has priority can be excluded from execution

2025-05-09

On May 6, 2009, Hua's Sixth Branch and Pu's Cliff Company signed a "Construction Contract." During the construction period, Hua's Sixth Branch stopped work due to the rupture of Pu's Cliff Company's capital chain. At this time, Pu's Cliff Company still owed Hua's Sixth Branch 1930.65 million yuan in project funds. On August 8, 2013, Hua's Sixth Branch and Pu's Cliff Company signed a "House for Debt Agreement," stipulating that 5002 square meters of construction would offset the 1930.65 million yuan in project funds owed by Pu's Cliff Company to Hua's Sixth Branch. On December 11, 2013, the Yangquan City Intermediate People's Court of Shanxi Province issued Civil Mediation Document No. 42 of Yang Shang Chu Zi (2013), confirming the above content of the "House for Debt Agreement" signed between Hua's Sixth Branch and Pu's Cliff Company.

How to Obtain a Suspended Sentence Through Confession and Acceptance of Punishment in the Second Instance: Case Notes on Concealing and Hiding Criminal Proceeds

2025-05-09

Xiao Yao (pseudonym) is a young woman who has not been out of college for long. She has a brother and parents who love her, and her life is simple and peaceful. Her brother, Xiao Jing (pseudonym), started working and earning money very early. Xiao Yao said that her brother is a relatively taciturn person who rarely talks to his family about his life and work, but he has always taken good care of her. In 2019, Xiao Jing suddenly told Xiao Yao that he wanted to buy a house in Xiao Yao's name and gave Xiao Yao more than 600,000 to pay the down payment. Xiao Yao didn't think much about it and went through the house purchase procedures with the money her brother gave her. At the end of the year, Xiao Yao's brother and father were suddenly arrested on suspicion of committing a crime. However, to make matters worse, Xiao Yao also received a call from the police to go to the police station to assist with the investigation. It was not until then that Xiao Yao realized that the money was the proceeds of Xiao Jing and others' crimes.

Settling disputes and stopping litigation, it has become a legend that this case was overturned after borrowing the identity of the Inspection Bureau.

2025-05-09

After the article about the respondent in the reconsideration not being able to be the defendant in the administrative litigation was published last time, a lawyer colleague came to me and raised different opinions. There was no problem with his point of view, but the key is that the legal positioning of the Inspection Bureau is still relatively vague. For this reason, I promised to write an article to clarify it, and the differences will be solved. In fact, the dispute over the nature of the powers of the Inspection Bureau has a long history. In order to explain its ups and downs of legal background, it is still necessary to take out this typical case of the Supreme Law 5 years ago to convince people with virtue. After all, the bell needs to be untied by the person who tied it.

Whether the overdue interest on the execution return is taxable: A review through this retrial case

2025-05-09

On November 8, the Nanning Procuratorate's official account published an article titled "Wuming District Procuratorate Successfully Handles the Region's First Public Interest Litigation Case on Tax Payment for Private Lending Interest," which introduced the practice of issuing pre-litigation procuratorial recommendations to promote the tax authorities to collect more than 22,000 yuan in taxes owed after 2 applicants in private lending cases obtained interest from court enforcement. Taking this as an opportunity, it helped the local tax authorities to conduct verification of private lending cases one by one, further strengthened the collection and management of private lending interest tax, and contributed procuratorial efforts to the strategy of strengthening the capital and serving Nanning's economic construction.

Is the property tax for contracted management and leased management the same?

2025-05-09

Property tax is generally paid by the property owner. In practice, the property owner, being in a dominant position, often broadly agrees that the other party shall bear the operating taxes and fees during contracted operation or lease operation. Can the clauses in these contracts involving the bearing of operating taxes and fees play a role when disputes arise during contracting or leasing? How should the agreement be made to achieve the intention of the contractor or lessor? This article combines relevant judicial judgment cases to sort out the tax treatment basis of property tax in contracted operation and lease operation, and puts forward suggestions for improving relevant agreements and tax and fee bearing clauses.