This article is from the public number: fruit shell (ID: Guokr42) , author: xylitol, title figure from TV series “elite lawyer”
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The modern drama Elite Lawyer has just ended. When chasing the drama, some people watched Lawyer Luo Bin ’s strategy and words; others appreciated Secretary Li Na ’s gracefulness and variety; others also did legal analysis … The first two kinds of people may It is a feast for the eyes, and enjoyment. The latter kind of person, like me, is like choking in the throat, and does not vomit.
In this TV series about lawyers, the slots in the law are really regrettable.
Slot one: About “negligence” and “accident”
Not long after the performance, there was a scene of Dai Xi, the little girl from the tea shop, who was the heroine. When delivering to the law firm’s lawyer He Sai, the delivery was missed due to crowded elevators. So she had to go back and make another copy, which resulted in the final delivery exceeding the time limit.
Dai Xi argued to He Sai that the missed act was “accident” rather than “negligence” in the legal sense in an attempt to reduce his responsibility for delaying delivery, but He Sai insisted that the act was “negligent” and Not “accidental”, order to cancel orders without hesitation.
I think the contention of such a plot is to increase the legal professionalism of the script, to support the heroine’s solid legal background and debate skills, and to set the stage for the subsequent plot. It is embarrassing that there is no legal concept of “fault” or “accident” in a civil contract like takeaway. In other words, there is no legal need to argue about this.
In civil contracts like takeaways, there is no legal concept of “negligence” or “accident” at all. 丨 Video screenshot
“Fault” and “accident” are actually the concepts of the “People’s Republic of China Criminal Law” and “People’s Republic of China Tort Liability Law”. In criminal law, the “negligence” and “accidental” judgments will directly affect the conviction, and only the dispute at this time is necessary and meaningful.
According to the Criminal Law of the People’s Republic of China, “accidents” are caused by force majeure or unforeseen reasons, and it is not crimes that result in damage caused by accidents; “negligence” should be foreseen but not foreseen because of negligence or has been foreseen But credulity can be avoided, and the perpetrator may be held criminally responsible.
The delay in delivery is clearly not a criminal case. In addition, because the delivery is based on a contractual relationship, not a legal relationship of infringement, it does not involve the exemption of “accidents” in the Law of the People’s Republic of China on Tort Law.
Slot 2: About Intellectual Property Law
As two senior lawyers of the same law firm, lawyer He Sai who argues with the takeaway girl about “negligence” and “accident” always fights with male lead Luo Bin on various occasions. In fact, He Sai, who is good at gagging, is not old-fashioned. He is just a straightforward, old-fashioned old boy. In order to raise his worth and status, he brazenly said that his assistant ’s mentor had drafted “Knowledge of the People ’s Republic of China”. Property Law.
The direct expression that the Intellectual Property Law of the People’s Republic of China was drafted is not strict. 丨 Video screenshot
However, China does not currently have a law called the “Intellectual Property Law of the People’s Republic of China.” China did draft a “Law on the Protection of Intellectual Property.” However, there is currently no such law in the country. Expression draftedThe “Intellectual Property Law of the People’s Republic of China” is incorrect. At present, the laws related to intellectual property mainly include the Copyright Law of the People’s Republic of China, the Trademark Law of the People’s Republic of China, and the Patent Law of the People’s Republic of China.
Of course, because many people talked about it after the broadcast, the drama party took the initiative to delete this paragraph.
Slot Three: Identification of Work Injuries
In the play, a takeaway brother told the hostess Dai Xi that his father was injured on the way to work, so Dai Xi said with a firm voice: “Your father was injured during work, so it was a work injury.” Brother also said, “But he fell on a motorcycle by himself.” Dai Xi said that it was also a work injury.
I can’t bear to look directly at this scene. Even the takeaway brother knows that his father fell by himself and may not be counted as a work injury, but the hostess vowed to draw a conclusion. And in the later plots, the top law firms and top lawyers all support such work injury identification without exception.
The takeaway brother said his father had fallen on a motorcycle by himself, and the hostess said it was also a work injury. 丨 Video Screenshots
Article 14 of China’s current “Injury Insurance Regulations” stipulates that there are seven legal situations that should be recognized as industrial injuries, the sixth of which is: “During a commute, a traffic accident or urban track that is not primarily responsible for me Traffic, passenger ferry, train accident injuries can be identified as work injuries. “From this we can see that there are important prerequisites here, which are” not the primary responsibility of me “. The female host judged an industrial injury without knowing the responsibility, and after learning that the father of the takeaway brother had fallen on a motorcycle by himself, she still considered it an industrial injury and was not strict.
The fact is that in the work injury identification materials, you need to provide a traffic accident liability certificate (or urban rail transit, passenger ferry, train accident liability