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There is no infringement of rights, but it has caused your physical and mental health to be infringed, and it has also affected your distrust of the school, which is a big loss to the school, and you don't need to fight for compensation! But you can report it to the school leaders! Let them do justice!
And not the best!
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Mine is not to pay. Although there is no infringement, if it is not something you did, there is no need to be liable. Unless the school has proof that your equipment was indeed damaged by you.
And now that the teacher in charge of collecting the instruments has avoided it, you should ask the school to find the teacher.
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There is no need to pay compensation, when you return the equipment, the school should inspect the equipment, and if there is a problem, you should be asked to explain it or ask for compensationAnd after a long time, I came to you to see who used these instruments during this period, and whether it can be proved that these instruments were not used by others, these questions should be explained and proved by the school. Evidence in everything You will only be required to pay compensation if the school presents sufficient evidence to prove that you have damaged the equipment.
In addition, the next time there is such a situation, before taking away the item, you should carefully check whether the item is defective, if so, immediately explain to the other party, and solve it at that time; If there is a problem with the item, you will lose face or not take it seriously enough, and it will be very troublesome to return it afterwards!
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We live in a complex and ever-changing social environment, and if you don't have a good grasp of your rights, then you can't be a strong person in life.
Needless to say, we have indeed entered an era of rights protection that we did not know about or did.
We all know the rights that are not clear, whether it is the laws of the state or the relevant moral standards of society.
Accurately, all give us more and more rights. But ask yourself first, you know who you are.
What are the rights?
There are always people around us who are always self-righteous and point you out, thinking that they are the best for you.
They think they are smarter than you, they know your situation in society better than you, and they are really good at what you think.
Bright people.
I think that these people who think they are the most astute will often overlook one thing when they judge you.
If they are violated and buried, then they will succeed.
You know, we are in a complex and ever-changing social environment, if you don't grasp it well.
own rights, then you will not be able to become a strong person in life, you will always be by those "extremely smart."
The manuscript of the annihilation is erected left and right. The older ones don't care how annoying your thoughts are, of course they are.
It's just that you're helping them keep their personal agendas going. You have your own rights, you should take your rights right, you have the right to live the life you see fit, your actions with Him.
People have nothing to do with it, all your actions are your own business, and you have the right to arrange everything for yourself.
All, analyze your current state of life, and if your life is under the control of others, then from.
Start now, step out of the control of others and use your right to choose your own path, as long as you respect others.
rights, you have the right to assert your rights. Don't listen to other people's arrangements, let alone blindly follow others.
Guidance, except for yourself, the guidance of those so-called shrewd people will only lead you astray.
No matter what the situation, don't give up your rights, because once you give up your rights.
profit, and you will be left with nothing; Do not submit to the rights of others, because once you have submitted to the rights of others.
You will be under the control of others, and from then on, your life will be difficult.
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Verbal abuse violates the other party's right to reputation, constituting civil tort liability, and is to be sentenced to up to 5 days of detention or a fine of up to 500 RMB in accordance with relevant laws and regulations, and where the circumstances are more serious, to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; If the circumstances are serious, such as heinous means, the insulting act causes serious consequences (e.g., the victim commits suicide due to humiliation, or goes insane due to being insulted), and the insulting act is carried out multiple times, it constitutes the crime of insult, and may be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights.
Article 246 of the Criminal Law of the People's Republic of China: Where a group of people who openly insult others or fabricate facts to slander others by violence or other means, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests. Where the victim complains to the people's court about the conduct provided for in paragraph 1 through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.
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Legal analysis: negotiation and request for third-party mediation such as the People's Mediation Committee; Application for arbitration, litigation, etc.; Victims of criminal cases may report or make accusations to the judicial organs. Civil rights are protected by law, and once your civil rights are infringed by others, you can apply for arbitration, litigation, reporting or accusation from the local authorities to protect your civil rights.
Legal basis: Article 3 of the Civil Code of the People's Republic of China The personal rights, property rights, and other lawful rights and interests of civil subjects are protected by law and must not be infringed upon by any organization or individual.
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If the circumstances are minor, the local neighborhood office may intervene in mediation or apply to an arbitration institution for arbitration, and if the circumstances are more serious or the mediation and arbitration is unsuccessful, an application may be made to the people's court for trial. When citizens are harmed by the criminal acts of others, they should promptly report the case to the public security organs to protect their own rights and interests. or to defend rights by means of litigation.
1. Article 6 of the Tort Liability Law of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear tort liability.
2. Where the actor is presumed to be at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Compensation for losses;
7) Apologize;
8) Eliminate the impact and restore the reputation.
The above methods of bearing tort liability may be applied separately or in combination.
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Fundamental rights enjoyed by our citizens:
the right to equality; political rights and freedoms;
freedom of religion or belief;
the right to personal liberty;
the right to criticize, suggest, appeal, accuse and report state organs and their staffs, and the right to obtain compensation;
educational, scientific and cultural rights and freedoms;
Women's rights, marriage, family, children and the elderly are protected by the State;
The lawful rights and interests of overseas Chinese, returned overseas Chinese, and their relatives are protected by law.
Personality rights are the right to be human beings, and they are the basic rights of citizens. It includes two categories: material personality rights such as the right to life and health, and spiritual personality rights such as the right to name, portrait rights, reputation rights, and privacy rights. Personality rights, as part of human rights, accompany life and accompany us from birth.
In the course of our lives, it is enjoyed by each individual and cannot be transferred, discarded, inherited, unlawfully restricted by others, and cannot be separated from our lives. Among the personality rights of citizens, the right to life and health is in the first place.
The right to personality also includes the right to freedom of life, and the personal freedom of citizens is inviolable. To the extent permitted by law, the person and the person of citizens are always completely at their disposal, and the right to personal liberty is the basic guarantee for us to participate in various activities and fully enjoy all other rights.
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For inventions and patent rights, the criterion for judging is to see whether the technical features of the alleged infringing thing (product or process) fall within the scope of protection of the patent right, and if so, it constitutes infringement. The method of determination is to compare the technical characteristics of the alleged infringing object with the scope of protection of the patent right, and the specific methods are as follows: 1. Determine the scope of protection of the patent right.
The scope of protection of an invention or patent right shall be subject to the content of its claims, and the description and drawings may be used to interpret the claims, and the technical content recorded in the patent shall prevail when interpreting the patent claims, rather than the words or wording. 2. Accordingly, if all the technical features of the alleged infringing thing (product or process) are compared with all the technical features of the technical solution recorded in the patent claims one by one, and the alleged infringing thing (product or process) corresponds to all the necessary technical features recorded in the independent claims of the patent one by one and is the same, it constitutes infringement. There are four specific situations in Xiangchang:
a) The technical features containing --- alleged infringing material include all the necessary technical features recorded in the patent claims; b) Covering the subordinate concept--- the necessary technical features recorded in the patent independence claim are the subordinate concepts, and the alleged infringing material is the subordinate concept; c) New technical features are added --- the alleged infringing object on the basis of using all the necessary technical features in the patent claims; d) Subordinate patent--- The alleged infringing object is an improvement of the prior patented technology, and the patent right has been obtained, which is a subordinate patent, and the subordinate chain banquet friend patent is implemented without prior permission. 3. According to the comparison between the technical features of the alleged infringing object and the technical features in the patent claims, even if they are not the same literally, after analysis, it can be determined that the two are equivalent, that is, the two achieve basically the same function by the same means and produce basically the same effect, or the technical features of the alleged infringing object are the technical features that a person skilled in the art to which the patent belongs can associate without creative labor by reading the patent claims and description. In this case, it should be determined that the alleged infringing goods fall within the scope of protection of the patent right.
Article 2 of the Civil Code regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects. Article 3: Civil subjects' personal rights, property rights, and other lawful rights and interests are protected by law, and must not be infringed upon by any organization or individual. Article 67: Where legal persons are merged, their rights and obligations are enjoyed and borne by the merged legal person.
Where a legal person is divided, its rights and obligations shall be jointly and severally obligated by the legal person after the division, and joint and several debts shall be borne by the legal person, unless otherwise agreed upon by the creditor and the debtor.
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When one's legitimate rights and interests are infringed, one must not act rashly, nor swallow one's anger, but actively negotiate with the infringer to solve the problem, and then protect one's legitimate rights and interests through arbitration or even legal means if the negotiation fails. In order to help you better understand the relevant legal knowledge, the following content has been compiled and I hope it will be helpful to you.
1. When one's legitimate rights and interests are infringed, one must not act rashly, nor swallow one's anger, but actively negotiate with the infringer to solve the problem, and then protect one's legitimate rights and interests through arbitration and even legal means if the negotiation fails.
2. Legal provisions: Civil Code of the People's Republic of China
Article 1003: [Right to Body]Natural persons enjoy the right to body. The physical integrity and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the physical rights of others.
Article 1024: [Right to Reputation]Civil entities enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insult or slander.
Reputation is the social evaluation of the character, prestige, talent, and credit of a civil subject.
II
What are the basic rights of citizens
1) equality before the law;
2) political rights and freedoms, including the right to vote and to stand for election, freedom of speech, of the press, of assembly, of association, of procession and of demonstration;
3) freedom of religious belief;
4) Personal and personality rights, including the inviolability of personal freedom, the inviolability of personal dignity, the inviolability of the home, and the protection of freedom and privacy of correspondence by law;
5) The right to supervise, including the right to criticize, suggest, appeal, accuse, report and obtain compensation in accordance with the law for state organs and their staff;
6) Socio-economic rights, including the right to work, the right of workers to rest, the right to livelihood security for retirees, and the right to receive social security and material assistance from the state and society in case of old age, illness, disability or incapacity to work;
7) Socio-cultural rights and freedoms, including the right to education, freedom to conduct scientific research, literary and artistic creation, and other cultural activities;
8) Women's right to protection, including women's rights equal to men's political, economic, cultural, social and family life;
9) Marriage, family, motherhood and children are protected by the State;
10) The legitimate rights and interests of overseas Chinese, returned overseas Chinese and their relatives shall be protected by the state.
According to the provisions of the relevant laws of our country, when your legitimate rights and interests are infringed, you must not be rash, and do not swallow your anger, but actively negotiate with the employer to solve the problem, and then protect your legitimate rights and interests through arbitration and legal means. If you need legal help, you are welcome to seek legal advice.
No, it is absolutely illegal to do so.
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