Ideological and moral cultivation and legal foundation case analysis questions, ask for answers, and

Case Study Questions:

1. Facts of the case: Huang Yongbin and Jiang Lunfang, employees of a company in Luzhou City, Sichuan Province, married in 1963, but his wife Jiang never had children, and later had to adopt a son. This reason casts a shadow over the family.

In 1994, Huang Yongbin met a woman named Zhang Xueying, and the year after he met Zhang, they lived together. When Huang's wife, Chiang, discovered this fact, she advised but to no avail. At the end of 1996, Huang Yongbin and Zhang Xueying rented a house and lived together openly, living in the name of "husband and wife", living on Huang's salary (pension) and bonuses, and once operated a business together.

In February 2001, Huang went to the hospital for an examination and confirmed that he had advanced liver cancer. In the days when Huang was about to die, Zhang Xueying faced the ridicule of others and waited by Huang's bedside as his wife. Huang Yongbin made a will on April 18, 2001

I decided to leave half of the housing subsidy, provident fund, pension and sale of a house in Jiangyang District, Luzhou City (i.e. 40,000 yuan) and a mobile phone to my friend Zhang Xueying. After I died, the urn was buried by Zhang Xueying. On April 20, Huang's will was notarized at the Naxi District Notary Office in Luzhou City.

On April 22, Huang died, and Zhang demanded property and an urn from Chiang according to his will, but Chiang refused. Zhang then filed a lawsuit with the Naxi District People's Court, requesting that the defendant Jiang Lunfang be ordered to perform according to the will in accordance with the relevant provisions of the Inheritance Law, and at the same time apply for pre-litigation preservation of the estate. From May 17, after four times** (during which there was a temporary suspension, on July 13, 2001, the Naxi District Judicial Bureau revoked the "bequest pension" part of the notarized will, and still maintained the notarization of the part of the housing subsidy and provident fund belonging to Huang Yongbin.

On October 11, the Naxi District People's Court publicly pronounced a verdict, holding that although there are clear legal provisions in the inheritance law and the bequest in this case is also genuine, Huang Yongbin's civil act of donating the estate to a "third party" violates Article 7 of the General Principles of the Civil Law, which states that "civil activities shall respect social morality, and shall not harm the public interest, undermine the national economic plan, or disrupt the social and economic order", so the court rejected the plaintiff Zhang Xueying's claim.

Zhang Xueying appealed after losing the first instance. On the morning of December 28, 2001, the Luzhou Intermediate People's Court heard the case and rejected Zhang Xueying's appeal in court.

The Luzhou Intermediate People's Court held that, according to the relevant policies, the pension is the consolation of the deceased's immediate family from the deceased's unit, and the pension after Huang's death is not his personal property and does not fall within the scope of bequeathed property; Huang's housing allowance and provident metal were the joint property of the husband and wife, and Huang disposed of the joint property of the husband and wife separately without Jiang's consent, which violated Jiang's legitimate rights and interests. Therefore, the court rejected Zhang Xueying's appeal in accordance with the law and upheld the original judgment.

2. Question: What laws are included in China's legal system?

What laws are involved in this case?

What do you think about the event? Combined with the knowledge learned in this lesson, it can be discussed from a legal perspective as well as from an ethical perspective. No more than 600 words.

Give examples of the relationship between human nature and social attributes.

Oh, my God! You can find the answer in the book!

Ideals are the beacon of life.

1. Liang's conduct was a civil tort and infringed on the reputation of others. 2. Article 101 of the General Principles of the Civil Law of the People's Republic of China stipulates: "Citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law, and it is forbidden to damage the reputation of citizens and legal persons by means of insult or slander."

If a citizen's right to reputation has been violated, he or she has the right to demand that the infringement be stopped, that his reputation be restored, that the impact be eliminated, and that he or she apologize. The so-called right to reputation is the right that people enjoy in accordance with the law to objectively evaluate themselves and to exclude infringement by others.

In order to constitute a recidivist, the first condition for recidivism must be that the offender has committed an intentional crime and has been sentenced to a penalty of imprisonment or more.

It does not constitute a recidivism, because recidivism refers to a criminal who has received a certain criminal punishment and commits another crime sentenced to a certain penalty within the statutory time limit after the execution of the sentence or pardon, while ordinary recidivism refers to a criminal who has been sentenced to a fixed-term imprisonment or higher, and after the completion of the execution of the criminal punishment or pardon, a criminal who commits a crime that should be sentenced to a fixed-term imprisonment or higher sentence within 5 years, and he has exceeded five years in 2007.