Under the guidance of the masters, case analysis

Tort. This tutorial is a complete misinterpretation of the law. Statutory permission to use according to copyright.

Legally permitted use refers to the act of using the published works of others in a specific way without the permission of the copyright owner, and such use shall respect the other personal rights and property rights of the copyright owner.

It is worth pointing out that if the copyright owner declares that the use is not allowed, it is excluded from the scope of statutory use, that is, the statutory permission to use is generally limited by the copyright owner's declaration. In addition, when using the work, it must not affect the normal use of the work, and it must not reasonably damage the legitimate interests of the copyright owner.

The following circumstances apply: 1. Textbooks prepared and published for the implementation of the nine-year compulsory education system and the national education plan (the author declares in advance that they are not allowed to be used);

2. After the work is published by newspapers and periodicals, other newspapers can excerpt it (the author declares in advance that it is not allowed to be used);

4. The producer of the sound recording uses the ** work that has been legally recorded as a sound recording product by others to make a sound recording product (the author declares in advance that it is not allowed to use it);

This tutorial book must be a profit, so it must be paid.

Taking a step back, even if it is non-profit, it is not a textbook, so it is the same infringement. Therefore, it constitutes infringement.

Taking a step back, even if the teaching materials are for the public good, they still have to be paid. Legally permissible use means that consent is not required for use (as long as you don't say you don't agree), but even if you have a statutory license, you need to pay a fee.

Therefore, in summary, the first is an infringement of copyright, and the second is that the corresponding losses should be compensated and liable, and the apology should be compensated according to the author's request.

The definition of the grip angle function before the three notices, tana = opposite side of the adjacent penitential side = ordinate socks Qing abscissa, then tan45° = a 3 = 1, get a = 3,

1) Non-compliance. Article 27 of the Company Law: Non-monetary property used as capital contribution shall be appraised and verified, and no overvaluation or undervaluation shall be allowed.

2) Indemnification. According to Article 208, if the institution undertaking asset appraisal, capital verification or verification causes losses to the company's creditors due to the untruthfulness of the appraisal results, capital verification or verification certificates issued, it shall be liable for compensation within the scope of the amount of the appraisal or verification that it has proved to be not at fault.

3) Yes. See article 31. 4) There is no basis.

Article 31 After the establishment of a limited liability company, if it is found that the actual value of the non-monetary property contributed as capital contribution for the establishment of the company is significantly lower than the amount set by the articles of association, the shareholder who has made the capital contribution shall make up the difference; The other shareholders at the time of the establishment of the company are jointly and severally liable.

Jiang used a forged degree certificate to make the company mistakenly believe that Jiang met the application conditions and signed a labor contract with Jiang against his true intentions, Jiang's behavior constituted fraud, and Article 26 of the Labor Contract Law stipulates that a labor contract concluded by fraudulent means is an invalid labor contract. The labor contract signed by Jiang using a fake academic background to defraud the company is an invalid labor contract. Article 28 of the Labor Contract Law stipulates that if an employment contract is confirmed to be invalid and the employee has already paid for the work, the employer shall pay the labor remuneration to the employee.

The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same unit. Therefore, the company should pay the remuneration according to the salary rate of the employee in the same position for the work he has performed within one month of employment.

Article 18 of the Labor Law stipulates that the following labor contracts are invalid:

1) Labor contracts that violate laws and administrative regulations;

2) Labor contracts concluded by means of fraud, threats or other means.

An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, if it does not affect the validity of the remaining parts, the period is still valid.

The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.

1 Although there are various special provisions in the labor contract, it is still a contract and the basic principles of the contract can be applied.

2 In this case, Jiang obtained the employment contract by fraudulent means, which is a changeable and revocable contract under the Civil Law and a cause for termination of the contract by the employer under the Labor Contract Law. Therefore, the employer has the right to terminate the contract.

3 The labor contract itself belongs to one party to provide specific labor services and the other party to pay wages, not as long as we civil servants go to work, as long as they sign in. In this case, Jiang did not provide the services required by the employer, so he naturally could not receive the corresponding wages.

4 Although Chiang did not pay the labor required by the unit, if he also carried out part of the work, he could be compensated as appropriate.

5 Jiang: If he has caused losses to the unit because of his fraudulent acts, he should be compensated.

The company should pay wages, but the salary standard is definitely not 8000, but the salary standard of the same position corresponding to his actual education.

Year. The General Principles of Civil Law stipulate that the statute of limitations for claims for bodily injury is one year. Here, Zhao was seriously injured by Li and became a vegetative person, apparently physically injured, and his right to life and health was violated.

2. The statute of limitations for Zhao suing Hu should be April 1, 2011. Because the statute of limitations for litigation is generally calculated from the time when the victim knew or should have known that his rights and interests had been infringed, and Zhao naturally knew that his rights and interests had been harmed on the day he was beaten, which was obviously known.

3. Zhao should sue and receive support on October 30, 2012 at the latest. Article 139 of the General Principles of the Civil Law of the People's Republic of China stipulates: "If the right to claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation period, the statute of limitations shall be suspended, and the statute of limitations shall continue to run from the date on which the reason for the suspension of the statute of limitations is eliminated."

Since Zhao was in a vegetative state, he could not exercise his right to make a claim, so the statute of limitations was suspended until April 1, 2012, and continued to run for six months from that date. Although there is a statutory holiday in the six-month period, it is not the last day, so there is no need to roll over the date, so it can be counted until October 30, 2012.