Interpretation of the latest revision of judicial provisions on counterclaimsThe Civil Lawsuit Law of the People's Republic of China (As revised on December 24, 2021), it is stipulated that the plaintiff may abandon or change the claim, and the defendant may admit or refute the claim, and has the right to file a counterclaim; The plaintiff may add claims, the defendant may file a counterclaim, and the third party may file a claim related to the case, which may be tried together; If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a subpoena, or leaves the court without the permission of the court, it may be treated as withdrawing the lawsuit. If the defendant counterclaims, the judgment may be made in absentia; The court did not apply the procedure of small claims when hearing a counterclaim filed by a party.
The Judicial Interpretation of the New Civil Lawsuit Law (Passed on March 22, 2022). It stipulated that after the case was accepted and before the court debate ended, if the plaintiff added a claim, the defendant filed a counterclaim, and a third party filed a claim related to the case, the people's court should try it together. The parties to the counterclaim shall be limited to the parties to the original action. If the counterclaim and the claim of the original action are based on the same legal relationship and there is a causality between the claims, or if the counterclaim and the claim of the original action are based on the same facts, the people's court shall try them together. The counterclaim shall be under the exclusive jurisdiction of other people's courts, or if it has nothing to do with the subject matter of the original action and the facts and reasons on which the claim is based, the people's court shall rule that it shall not be accepted and inform the other people to sue. If the people's court permits the plaintiff to withdraw the lawsuit, it shall continue to hear the counterclaim. If the defendant applies to withdraw the counterclaim, the people's court shall permit it.
In judicial practice, there was a standard to judge whether to defend or to countercharge. On the one hand, it depends on whether the defendant's claim exceeds the scope of the plaintiff's claim; on the other hand, it depends on whether the defendant has an independent request for payment to the plaintiff, especially the latter is more intuitive and easy to operate. If the Defendant's claim exceeds the scope of the Plaintiff's claim and has an independent request for payment, it should be raised in the form of a counterclaim. If necessary, it should be explained to the Defendant. If the Defendant insists on not mentioning a counterclaim, it should be informed in the judgment that the Defendant will sue or resolve it through other means. If the defendant's claim does not exceed the scope of the plaintiff's request, and there is no independent payment request, it can be raised in the form of defense.
There were different opinions on whether the outsider could be listed as the counter-defendant. Some cases believed that a counterclaim could be accepted by listing an outsider as a counterclaim defendant, on the grounds that it was beneficial to clarify the facts of the case at once and reduce unnecessary litigation. However, from the perspective of judicial interpretation, the parties to the counterclaim should be limited to the scope of the parties to the lawsuit. There were cases that ruled that the counterclaim of an outsider to the lawsuit as the counterclaim defendant would not be accepted.
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Chen Duling's Tree Demon Make-upIn " Little Fox Demon Matchmaker Moon Red Chapter," Chen Duling's makeup as the tree demon Yue Tixia was unique. From the overall appearance, she was wearing a green dress with a long white dress. She had two cute braids and added green highlights. She also matched it with a shiny hair accessory and crown. This image was like an elf in the forest, which was a good restoration of the character's setting. From the looks of her makeup, she did not wear too much makeup. The two long braids on her chest and the light makeup perfectly portrayed the little monster's eccentric appearance. However, there were some details that were not satisfactory. Chen Duling was a light-faced beauty. This tree demon makeup matched her face, giving her a fresh aura. She was like a little elf in the forest of all things, playful and lively.
While waiting for the TV series, you can also click on the link below to read the original work of " Little Fox Demon Matchmaker " to understand the plot in advance!
Lin Yi's Short Play I Am in Ancient TimesLin Yi was a male character who had traveled from modern society to ancient times. He used modern knowledge to do business and became a rich man in ancient times. His experiences in ancient times included choosing Wang Siyao, who was regarded as a jinx, as his wife. Later, he won the food competition with snail noodles and received 100 taels of silver. He used the silver to buy real estate and run a spicy crayfish business. Because of the lawsuit, he got to know the governor of Yizhou, Wang Wei. He was rewarded with a death exemption gold medal and a gold-lettered signboard by sending spicy crayfish to the emperor. With the death-exemption medallion, he outwitted Zhou Dafu, annexed Li Rongfa, and became the president of the Jiangnan Dao Guild. He even tripped the president of the Huainan Dao Guild. In the end, he was appointed as the president of the six major guilds by the emperor, a first-class merchant, and married Wang Siyao in glory. His image was handsome, brave, and not afraid of power.
The Legend of Lin Yi is equally exciting, and everyone is welcome to read it!
Rebirth, fantasy, family, children, recommended novel, endThe following are some recommendations for the finished reincarnated fantasy family:
- Supreme Immortal Road: Author: Sleeping Autumn, 6.15 million words. When the protagonist was reborn as a teenager, his father was the head of a village and town-level family. The protagonist relied on the memories of his previous life to profit from the collapse of the surrounding hegemon-level sects. Then, he led the family to develop in the world of cultivation. The family's children farmed, studied, participated in foreign wars, and so on. The protagonist finally broke through the starry sky and made the family the strongest family in the starry sky. The first and middle stages of the novel were exciting. There were family business and adventure upgrades. In the later stages, there were problems with irrigation and repeated plot routines.
- " Rise of the Shen Family ": Author: Golden Divine Wood Saber, 2,160,700 words. The main character was a genius of the family. He had no special golden finger and could only be cautious in the cultivation world. He relied on hard work and luck to lead the family to rise. He dug out the talents of the family and sent them to the sect to carry out various operations. He was decisive in killing. This was a conventional family cultivation novel. There were no special highlights, but there was basically no poison.
- "Evergreen by Tao": The author Yi Nian, the book has a total of 5.51 million words. The protagonist had transmigrated from Earth. His golden finger was the Primordial Scripture, which could transform the Primordial Fortune Purple Qi to improve the spiritual root and the aptitude of spiritual objects. It belonged to the standard family cultivation path.
- "Heng Hua": Author: Sun Yao Ming Hui, word count 3.8 million words. The main character transmigrated to a cultivation clan on an island. He did not have a golden finger system, but he had the super talent of the Heavenly Comet Heart. He was very talented and was good at divination and martial arts deduction. He worked as an actor in the clan.
- Imperial Beast Immortal Race: Author: Zhongtian Emperor Ziwei, 4.26 million words. It was a group portrait of immortal cultivation. It was a relaxed and daily life. After the protagonist transmigrated, he became a member of the familiar family and started the family's immortal cultivation path.
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The novel of the female protagonist's prosperous family and husband traveling through ancient times" Lady's Koi Luck " was a novel about the female protagonist's prosperous husband traveling through ancient times. The female protagonist, Cheng Jinyue, was born in the 10th year of the apocalypse with the luck of a koi fish. In one day, she transmigrated into an ancient woman who was having a difficult labor. Not only did she successfully give birth to two soft buns, but she also changed the original owner's bad impression in her husband's family. She relied on her own ability and ability to take root in this dynasty. She was attracted to the cold and powerful male protagonist, and they were in love with each other. Together, they walked towards the peak of the imperial examination and gained happiness.
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Is there a relationship between chronic rheumatism and spleen deficiency? What medicine do you take?Most of the patients with chronic melanchobia were related to spleen deficiency. For the chronic inflammation caused by the weakness of the spleen and stomach and poor transportation, you can take Chinese patent medicines that regulate the spleen and stomach, transport water and dampness, and strengthen the spleen and qi, such as Shenling Baizhu Pills. However, please follow the instructions of the medicine or go to a regular hospital to take the medicine according to the doctor's advice.
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Game Design ClassThe following is an example of a game lesson plan for the middle class:
#"Small Animals Move" Game Class Teaching Plan
##1. Activity Target
1. Training the child's body coordination and balance.
2. Cultivate children's sense of teamwork and competition.
3. Let the children get to know different small animals in the game and increase their understanding of the living habits of small animals.
##2. Event preparation
1. Make all kinds of small animal headwear (such as little rabbits, little monkeys, little squirrels, etc.), the number of which is equal to the number of children.
2. Set up a starting point and an ending point outdoors or in a spacious room. Place some small baskets at the starting point as a "home", and place some sandbags at the ending point as "food" or "items."
3. Simple obstacles such as small stools and hula hoops.
##3. Activity
###(1) Introduction
1. Teachers wore animal headgear (like a mother rabbit) to attract the attention of the children.
2. The teacher asked,"Children, Mother Rabbit is moving today. But there are too many things at home. Mother Rabbit can't move all of them by herself. She wants to ask the children to help. Are you willing?" Then, introduce the different animal headwear to the children and let the children choose the small animal they want to play.
###(2) Explanation and Practice of the Game Rules
1. Divide the children into groups, eg according to the species of small animals.
2. The teacher explained the rules of the game."The animals have to start from their home at the starting point, bypass the obstacles (pointing to small stools, hula hoops, etc.), reach the finish line to get a sandbag (food or items), and then return along the original road to put the sandbag into the small basket at their home. Let's see which group of animals can move all the sandbags home first."
3. First, a few children were invited to demonstrate. The other children watched, and the teacher guided them on how to bypass obstacles, how to maintain balance, and how to hold sandbags.
###(3) Official Game
1. The game began. The first child of each group put on the headdress and set off. The other children cheered on the side.
2. The teacher would observe the child's performance during the game, give encouragement and guidance in a timely manner, ensure the child's safety, and remind the child to abide by the rules of the game.
3. When all the children in a group had completed one round of transportation, the next round would be carried out until all the groups had completed the prescribed round.
###(4) Game Ending and Closing
1. At the end of the game, the teacher announced the winning group and gave them small rewards (such as small sticker).
2. The teacher and the child reviewed the game process together, asking the child what difficulties he encountered in the game, how he solved them, and letting the child share his feelings.
3. The teacher concluded,"Today, the children are very powerful. They are as hardworking and brave as small animals. They helped the small animals move their homes. The little animals are very grateful to you! Moreover, in the game, the children learned to help each other. They also trained their bodies when they bypassed obstacles."
###(5) Extension Activity
1. In the regional activities after school, relevant materials could be provided to allow children to play the game of "small animals moving" freely to further improve their game skills.
2. Ask the children to tell their families about the small animals they played in the game and the process of the game to enhance their language skills.
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January's new show is awesomeThere were many awesome works in the January 2024 new release. In terms of popularity and quality, there were many types of excellent works.
In terms of animation types, there was a variety. For example,"Labyrinth Rice" was a fantasy food adventure work with a high level of painting and performance;"I Upgrade Alone" was a fantasy adventure growth animation adapted by Han Man. Although there were some problems such as poor details in the early stages, the high-intensity battle scenes in chapters 11 and 12 were excellent, and the funding was obvious. "The Buried Fryline"(a work from 2023, but there was a continuation of the popularity in January) contained plot, animation, fantasy, adventure elements, healing, battle, daily life, pure love, and many other plots. From time to time, it involved the plot of life expectancy. It was a very exciting work. "Touch of Fingers, Reluctant" was a fast love story. The male lead was straightforward and did not have any villain settings. It was a relatively good pure love story. "Princess, Next is 'Interrogation' Time" was a funny healing genre that was suitable for daily viewing. These works all had their own highlights, which made the new release in January 2024 perform better.
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continued to skyrocketI'm not sure what kind of asset or market you're referring to when you say "continue to soar". If he was referring to the A-share market, judging from the previous situation, the rise and fall of the A-share market were affected by many factors.
From the perspective of policies, such as reducing stamp duty, regulating the behavior of reducing shares, optimization of trading mechanism, as well as the efforts mentioned in the meeting of the Political Bureau of the Central Committee to boost the capital market and open up social security and other funds to block the market, these policies were beneficial to the market's rise.
In terms of funds, the continuous net influx of funds from the north, as well as the active funds in the market and the increase in trading volume, provided "ammunition" for the market to rise.
From a technical point of view, the index breaking through important resistance levels to form a long position is also conducive to rising. However, the market was also facing risks, such as profit-taking, international political and economic situations (such as geographical risks, global inflation pressures, etc.).
If it was other markets or assets, more background information was needed to answer.
What are the medicines for relieving phlegm and cough during confinement?During confinement, you can refer to the following medicines to reduce phlegm and cough:
1. Chinese medicine:
- Zhengchaihu Drink Granules, Xiaoqinglong mixture, etc. have the effect of dispelling wind and cold to cough. It is suitable for coughing caused by the invasion of lung defense by wind and cold evil.
- Orange red pill, can clear the lungs, phlegm, cough.
- Compound Fresh Bamboo Drops oral liquid was suitable for coughing due to phlegm heat, such as accompanied by thirst, dry mouth, red face and tongue, yellow tongue coating, coughing yellow phlegm and other symptoms.
- The Little Azure Dragon Granules were effective against cold phlegm coughs.
- Qingfei Yihuo Pill had the effect of reducing phlegm.
- Yangyin Qingfei Ointment can nourish yin and moisten dryness, clear the lungs and relieve sore throat.
2. Western medicine:
- Bromhexine and ambroxol can be used to eliminate phlegm. It can be considered when coughing is more severe or phlegm is difficult to cough out.
- Compound licorice mixture can be used to treat and relieve the symptoms of thick phlegm that is difficult to cough up.
However, the prescription medicine needed to be used under the guidance of a doctor. If she coughed during confinement, she could also use ginger, scallion white, and dried orange peel to replace tea. It had the effect of dispelling cold, relieving muscle sweating, relieving cough and reducing phlegm. If the cough was caused by the invasion of external evils, it could also be treated with Sanao decoction and Zhisou powder, which had the effect of dispersing wind and cold, dispersing lung and relieving cough.
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