The corpse carrier came uninvited and shouted the name of Lao Wang (a pseudonym) to transport the corpse. As a result, the funeral home was brought to court by Lao Wang. The day before yesterday (10), the Jianghan District Court of Wuhan delivered a first-instance judgment on this rare infringement dispute case: Hankou funeral home was ordered to apologize to Lao Wang and compensate mental damage compensation 1000 yuan, and rejected Lao Wang's other claims.
One day in June the year before last, Lao Wang was found out by this "black humor". It turned out that someone played a prank and called the funeral home to say that Lao Wang was dead and invited him to transport the body. The old queen brought the Hankou funeral home to court, claiming for lost time, transportation fee10.5 million yuan and spiritual consolation money10.0 million yuan.
The court held that subjectively speaking, Hankou Funeral Home provided funeral services for Lao Wang according to telephone requirements, which was passive and there was no intentional infringement of Lao Wang. But objectively speaking, the funeral home came to transport the corpse without verifying whether Lao Wang was dead or not. Obviously, this practice is inappropriate, which has caused mental damage to the living Lao Wang and violated and damaged his right to life, health and personality. (Video 10 1 148A)
3. Right to privacy
16-year-old girl Wang Xue finally got her dignity back from the school-the first case of female middle school students suing the head teacher and the school for infringement of reputation in Beijing was concluded in September 20001year, and the Chaoyang District People's Court of Beijing made a first-instance judgment, ruling that the defendant made an oral apology to Wang Xue and gave some spiritual comfort.
Last summer vacation, Ms. Qiu found that her daughter had frequent phone calls recently, and a boy often wandered downstairs in her house, so she found the class teacher Su to reflect. I didn't expect this to plunge my daughter into the abyss of pain. Sue found out that she had a close relationship with a boy in her class. She repeatedly looked through her schoolbag, diary and letters to other students in the classroom and teaching and research section, and ordered the students not to talk to her. Wang Xue, a lively personality, suddenly became a "loner", and her classmates all avoided her and dared not talk to her. Wang Xue wrote in her diary: "Teacher Su often insulted me and forced me to transfer. I am afraid to think about it, and I often have nightmares at night ... "Unable to bear the pain of being completely isolated, Wang Xue left home on June 4 last year. Four days later, when Ms. Qiu received a phone call from her daughter and found her in Nanjing, she cried and asked her mother to move out of Beijing. This "storm" cast a shadow over the originally happy family-Ms. Qiu, as the deputy general manager of the company, was forced to submit her resignation report, and the elderly at home were also admitted to the hospital. Last August 1 day, Wang Xue took the class teacher and the school to court. The lawsuit request is very simple, only asking the teacher to apologize.
Analysis: In the current education management, class teacher Su Mou does have discriminatory behaviors such as reading his schoolbag and diary, which infringes on his personal dignity and causes certain damage. She should make an oral apology to Wang Xue and give him some spiritual consolation money.
4. Right to education
Li Zhonghua, 1995, graduated from the law department of a famous university of political science and law in China. With excellent grades and excellent ability, he entered the unit that many people dream of. However, after working in the unit, I found that although the unit was well paid, it was chaotic in management and cronyism, which could not provide room for it to display its talents. After careful consideration, I decided to take the postgraduate entrance examination. The unit leader also felt that he was simply incomprehensible and refused to agree. So he took part in the postgraduate entrance examination of a famous university law school at 1999, but was rejected. The reason is that according to the regulations of the Ministry of Education, students who go to the world in some units cannot apply for a master's degree without a letter of introduction from the unit and proof of consent to apply for the exam. Li Zhonghua thought that the regulations of the Ministry of Education were unconstitutional, so he sued the regulations of the Ministry of Education to the people's court. However, he was told by the court that the Supreme People's Court had 1995 approved the Xinjiang Higher People's Court, and that the Constitution should not be used as the basis for the court's judgment, and citizens could not bring a lawsuit to the court on the grounds of violating the Constitution.
Analysis: first of all, the constitution is not actionable, that is, you can't sue the other party for violating the constitution. Citizens' education is both an obligation and a right, and the state has clear regulations on compulsory education. I don't know what kind of graduate student Li Hua in the case is going to apply for. Is it an on-the-job graduate student? In order to enjoy the benefits of the company, on-the-job graduate students need a letter of introduction from the company. Even if he wants to go to full-time graduate school, it will have an impact on the work of the company. I think in-service graduate students need a certificate from the company, and full-time graduate students need to cancel or coordinate with the company first. The court informed Li Hua correctly. I am a judge.
5. Property ownership
One day, Guo Jinshan mowed the grass and met a cow. Guo tied it up and waited for its owner, but no one looked for it until dark. So he took the cow home and took good care of it. After half a month, no one wanted it, so Guo treated it as his own cow and the cow gave birth to a calf. Later, because his father was seriously ill, Guo needed money badly, so he sold the cow to Gao in the village at the market price, leaving the calf to continue feeding. A month later, Liu found it in a neighboring village.
Analysis: Guo should return the money for selling calves, but he can ask Liu for the related expenses for raising cows.
6. Consumer rights and interests
Ms. Zhang bought a pure wool coat in a department store at the price of 1280 yuan. The store marked "Goods in season are non-refundable". After wearing it for three days, her clothes were covered with hairballs, so she went to the city for quality inspection. The identification results show that the raw material used in wool coat is 65,438+0,000% acrylic fiber. Ms. Zhang went to the department store where she bought the dress to ask for a return and compensate for the losses caused by it. The clerk replied: It was marked at that time.
Analysis: The store said that "seasonal goods will not be returned or exchanged", which violated the provisions of Article 23 of the Consumer Protection Law. When providing commodities or services, business operators shall undertake the warranty, replacement, refund or other responsibilities in accordance with the provisions of the state or the agreement with consumers, and shall perform them, and shall not deliberately delay or unreasonably refuse.