Judicial fiction is like a legal make-believe. Courts use it to deal with complex situations. Say, for tax purposes, a certain transaction might be treated as if it happened in a different way. It helps the law adapt and be more flexible without changing the actual rules completely.
According to the "Supreme People's Court, Supreme People's Court, and Ministry of Public Security's opinions on several issues concerning the application of laws in handling criminal cases such as online fraud"(the "opinions"), the following are some of the contents of the judicial interpretation of the crime of online fraud:
1. definition: Internet fraud refers to the act of swindling money through the Internet, mobile Internet applications, and other online platforms.
2. The object of online fraud is public and private property, including personal property and company and corporate property.
3. The main body of online fraud is a company, enterprise or other organization with legal business qualifications. If an individual implements online fraud, the main body of the company, enterprise or other organization shall prevail.
4. Subjective aspect: The subjective aspect of online fraud is intentional, that is, knowing that your actions will have the effect of fraud and hoping or letting this result happen.
Forms of manifestation: The forms of online fraud include fictional facts, concealing the truth, swindling property, squandering possession, etc.
6 amount standard: According to the "opinion", the amount of online fraud is as follows:
(1)If the amount of personal fraud is more than 5000 yuan, the amount is relatively large;
(2)If the amount of personal fraud was more than 30000 yuan, it would be considered a huge amount.
(3)A company, enterprise, or other organization that swindled more than 10 million yuan was considered a huge amount.
7. Plot and consequences: The plot of online fraud includes intentional fraud, repeated fraud, and a huge amount of fraud. The consequences include causing property damage to the victim, mental damage, and affecting social stability.
8. Filing standards: According to the "opinions", the crime of online fraud should be based on the specific circumstances and the amount of fraud.
It should be noted that the scope of the crime of online fraud is relatively wide. The judicial interpretation only lists some common types of online fraud crimes. For other types of online fraud crimes, corresponding provisions should be made according to relevant laws and regulations.
Another theme might be the empowerment of female characters within the context of punishment. Some fictions may portray women who, despite facing punishment, find ways to assert themselves. They might use their intelligence or moral strength to turn the situation around, showing that they are not simply victims but can be agents of change even in difficult circumstances.
I'm not really sure. It sounds like a complex legal term that might refer to a claim of new judicial power that could have negative or disruptive effects.
After passing the judicial examination, he could work in a law firm and become a lawyer. A lawyer can provide legal support to a victim or a defendant in court, and can also serve as a legal advisor within a company or organization to provide legal advice to clients. He could also serve as an arbitrator to provide legal guidance for dispute resolution. In addition, lawyers could also play a role in legal research, legal education, and other fields.
The protection measures for online copyright disputes in judicial trials mainly include the following aspects:
1. Fair use: According to the provisions of the Law, under any of the following circumstances, the author may not obtain permission from the copyright owner and may not pay any remuneration, but the name of the author and the title of the work shall be indicated, and the other rights enjoyed by the copyright owner shall not be violated:(1) Creation for personal study, research or appreciation does not violate the fair use of other rights enjoyed by the copyright owner according to this Law;
2. Citation: The act of using another person's work in a work is also regarded as fair use, as long as the source is indicated and the other rights enjoyed by the copyright owner in accordance with this Law are not violated.
(3) adaptation, translation, editing, reproduction, distribution, display, etc.: According to the provisions of the "copyright law", any of the following circumstances may be used without the permission of the copyright owner and without payment of remuneration, but the name of the author and the title of the work shall be specified and shall not violate the other rights enjoyed by the copyright owner in accordance with this law:(1) Creation for personal study, research or appreciation of adaptation, translation, editing, reproduction, distribution, display, etc.;
(4) Commercial use: According to the provisions of the copyright law, the copyright owner has the right to permit or prohibit others from using the work for commercial purposes, but the source should be indicated:(1) For commercial purposes, the work is used for non-creative purposes such as advertising, commercial promotion, commercial exhibition, etc.;
5. Co-creation: According to the provisions of the "copyright law", copyright owners can obtain copyright through co-creation, including multi-person co-creation and team creation.
6. The right to protect the integrity of a work: According to the provisions of the "copyright law", the copyright owner has the right to protect the integrity of the work, which means that he has the right to prohibit others from destroying, altering, or destroying the work.
To sum up, online copyright disputes can be protected in judicial trials through fair use, quote, adaptation, translation, editing, reproduction, distribution, display, etc. At the same time, copyright owners can also be protected through cooperative creation and protection of the integrity of the work.
Well, in Kalahari review short stories, one common theme could be survival. The harsh conditions of the Kalahari force the characters in these stories to be resourceful. They might tell tales of how families stick together during droughts or how they deal with wild animals. Another aspect could be the spiritual connection the people have with the land, which is often beautifully portrayed in such short stories.
First, read the worn stories carefully. Then, make notes on the main plot, characters, and any interesting details. You can also think about the message or theme of the stories. After that, write down your overall impression, whether you liked it or not, and why.
Read carefully and pay attention to details. Then think about the plot, characters, and writing style. Consider if it made you feel engaged and if it had a clear message.