Analysis of legal cases? Help, legal case analysis

Test question: In accordance with the principles of the Constitution and the Civil Procedure Law, and in light of the specific conditions of the local ethnic groups, the people's congresses of ethnic autonomous areas may formulate regulations on civil procedure that are adapted or supplemented, subject to the approval of the relevant departments. Question: What state organ should be submitted to the relevant regulations of the Zhuang Autonomous Regional People's Congress for approval?

a. Standing Committee of the People's Congress of Guangxi Zhuang Autonomous Region.

b. People of Guangxi Zhuang Autonomous Region**.

c. The Standing Committee of the National People's Congress.

d***。Answers & Analysis:

Item C is the answer. aOption The Standing Committee of the People's Congress of the Guangxi Zhuang Autonomous Region is its permanent body, and it is impossible to obtain the approval of this body; Item B is **, according to the Constitution, the same level ** needs to be subject to the supervision of the people's congress at the same level, and it is impossible to approve it at the same level; Item D is ***, and it is also **, although it is the highest level**, but it has no right to manage the lower-level people's congress; There is only item c, because the NPC and the Standing Committee are its direct supervisory organs.

This is an issue involving the protection of minors. Therefore, the following principles are followed.

1. Assignment of guardianship responsibilities. Since they are elementary school students and are minors, the school and parents need to share the responsibility for poor guardianship. In principle, the responsibility of both parents and the school is shared.

Many schools currently have accident insurance, so you should check with your school to see if they have this type of insurance. If you have one, you can apply for insurance.

2. The liability for compensation cannot be borne only by the parents of Party A, but also by the parents of Party B, because the education supervision is not effective. Schools are also responsible for poor regulation.

3. The loss is subject to the actual occurrence. That is, the cost is calculated based on the actual occurrence, rather than taking it for granted that the amount of the request is how much. Therefore, whether the compensation amount of 10,000 yuan proposed by the other party is reasonable depends on the actual medical expenses incurred to know whether it is reasonable.

For the above analysis, please refer to it.

The school is not well supervised, and bears the main responsibility; Where child B excessively bullies others and causes damage to himself, his guardian also bears certain responsibility (secondary responsibility); Child A (guardian) is not responsible.

In order to turn over, child A who was pressed on the ground reminded child B first, and if child B stopped, there would be no damage result, but it still pressed child A in the same way, and anyone who was child A would have turned over at this time, rather than the damage caused by "fighting back" child B.

Of course, if Child A "fights back" against B with "violent" behavior, the responsibilities of A and B are reversed!

The status quo, Party B's parents are scoundrels, Baga!

1. A and B are both minors, so their guardians are responsible for the compensation for the injuries they suffer;

2. The school has regulations: students are prohibited from running and fighting in the school; As a student, it is a minor's fight between classes, and the school teacher should stop it to prevent injury, and if the student is seriously injured, the school has an unshirkable responsibility;

3. Now the problem comes! A gets up and throws B to the ground, causing B's front teeth to break, and the responsibilities of both parties are determined: I personally believe that A should bear 70% of the responsibility, and B should bear 30% of the responsibility; Because the two parties cannot make one party bear full responsibility, B is not without responsibility for the incident;

4. Therefore, Party B's parents go to Party A's house to make trouble, and there is no legal basis for Party A to compensate for all losses.

A is not responsible because he does not want B to press down on what he has told B to get up. Besides, he's still a child.

Child A is not directly and intentionally liable for Child B's broken tooth. But after all, A began to fight with B, causing B to press on A, and A's objective behavior of getting up led to the result of B's teeth breaking. Because B is also a child, and he has been damaged by a broken tooth.

Therefore, A's parents can negotiate with B's parents to settle the matter. It is good for a child's education to have a certain amount of responsibility.

Party B's parent's claim is reasonable, is the amount inappropriate? But it should also be considered that the accident occurred in **? If it is a kindergarten, the kindergarten aunt and the kindergarten should also be responsible for compensation. It is the school, and the teachers and the school also have a certain responsibility.

Party B's parents can make a claim, but it depends on the extent of B's damage.

Also, the school has some responsibility in this case.

Therefore, this damage is shared by A, B, and the school.

First of all, there's the question of responsibility

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable. Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall be liable. Therefore, if the school fails to fulfill its security management obligations, it can sue the school.

Second: Party B's parental claim is justified. I can't give you a specific explanation of the responsibilities at this time. Because it involves the size of the fault and so on. I don't know from what you're saying.

Finally, Party A asserts its own rights, that is, it can be held liable for personal injuries on campus caused by the failure of the university to fulfill its management and security obligations.

The ** accident that occurred during the student's school, although the child was injured because of the fight, this was also caused by the poor supervision of the school, and the school has an unshirkable responsibility, but Party B's parents asked for compensation of 10,000 yuan, and they must come up with relevant evidence. Now in this case, the parents of both parties should negotiate peacefully, and then go to the school together, and the school will be responsible for the medical compensation of Party B's child, and Party A can take the initiative to bear part of the compensation, no matter what, it has caused harm to Party B's child, and after peaceful negotiation, the child is still a good friend.

1. Whether the claim is reasonable depends on the actual medical, nutrition and other expenses incurred, and the claim cannot be arbitrarily exaggerated.

2. The school bears responsibility for failing to fulfill its security management obligations, and the specific proportion of responsibility shall be determined by the court at its discretion.

3. Party B bears part of the responsibility, and the proportion of liability shall be determined by the court at its discretion.

4. Party A shall bear part of the responsibility, and the proportion of responsibility shall be determined by the court at its discretion.

The legitimate rights and interests of Party A's parents mainly depend on how the court determines the proportion of responsibility.

Party B's parent's claim is certainly unreasonable! If Party B makes trouble at home, Party A can call the police! If Party A needs to protect its legitimate rights and interests, it can make a ruling after the court judgment.

The amount of responsibility that Party A and Party B should bear and the amount of compensation to be compensated by Party A should be decided by the court according to the relevant reimbursement documents of the hospital.

The claim is reasonable, and the amount should be raised according to the actual medical treatment, and it should be discussed together, and the problem cannot be solved.

Look at the cause of the incident and determine who is more at fault, and determine the proportion of responsibility.

1. Composition, because the two parties have a creditor's right based on the loan contract and the interest is within the statutory range, so it is legal and valid, and Company A's failure to repay the loan when due constitutes a breach of contract.

2. Yes, the act of Company A constitutes debt forgiveness, and according to the civil law, the creditor has the right to exercise the right of revocation against the debtor's passive disposal of property after the due debt.

3. Yes, after the maturity of the creditor's right according to the civil law, the creditor has the right to exercise the right of subrogation (in its own name) against the debtor's debt due for recovery.