Civil Judgments Research Articles

Disadvantages the Legal Effects of Reasoning and Operative Words in Writing a Civil Ruling (An Analytical Study)

The reasoning for civil judgments and what is said must be done in accordance with legal requirements and conditions that must be met in them, which we mentioned in the second chapter, so that the reasoning and what is said come out with something plausible and acceptable that It is suitable for justifying his ruling and the ruling issued by him in the case before him, so that he becomes able to understand all the elements of the realistic and legal case. Because causation is an obligation on the judge to achieve the goal. Because causation is an obligation on the judge to achieve the goal and the goal he seeks, and in the event of any defect in the causation and what is said, we are faced with a deficiency or contradiction between the reasoning and what is spoken It leads to a deficiency in the justification of judgments, as well as a contradiction between what is spoken and the justification. These two effects have an important consequence on the civil judicial ruling. Because the deficiency in the reasoning means not achieving the full goal intended by the legislator when it is necessary to mention the reasons in the ruling, so it is also called a deficiency in the legal basis of the ruling.

‘Worthy survivors’ of domestic violence in the eyes of the Beijing courts

AbstractThis article builds on Paige Sweet's conceptualization of ‘worthy survivors’ in the United States context and adds a consideration of judicial discretion to define who were considered worthy survivors of domestic violence in the eyes of the Beijing courts in 2021 and 2022. After analysing judges’ decisions in civil judgments and civil orders, the article concludes that worthy survivors were those who described how their abusers challenged legal authorities or disturbed public order, submitted multiple external documents with a clear description of the domestic violence, or mentioned children as direct survivors of physical child abuse committed in public. By contrast, survivors with limited capacity for civil conduct (generally due to schizophrenia) were marginalized and treated as ‘unworthy’. This article contributes to our understanding by addressing how crafting stories in line with mainstream ideology in the specific society helped survivors to achieve institutional recognition.

Comparison of Judgment Document Information Between China and Russia Based on Corpus

The study of legal comparisons has become particularly important as the number of foreign-related legal disputes has increased dramatically with the growing number of cross-border trade. This study discovers the differences and similarities between Chinese and Russian judgment documents and provides a linguistic basis for the academic theoretical researches and the call for linguists to enter the courtrooms by establishing a corpus of Chinese and Russian judgement documents, quantifying and analysing the Chinese and Russian judgement documents based on the Legal Discourse Information Theory. It can be found that the macro-structure of civil ruling documents is clearer but does not provide more micro-information. By adding language elements, it can be seen that there are more information points and information components in Russian criminal judgment documents. The information points in Chinese civil judgment documents are more concentrated than in Russian civil judgment documents, while they are more similar in terms of the proportion and type of information components.

A Judicial Case Study on Inheriting Membership Shares in Rural Collective Economic Organizations - An Empirical Analysis of 132 Judgment Documents

The government Decision on Several Major Issues Concerning Comprehensive Deepening of Reform stated that the shares of collective assets should have the right of inheritance, thus bringing the issue of inheritance of shares in rural collective economic organizations into public view. In 2016, the government issued the Opinion on Steadily Advancing the Reform of the Collective Property Rights System in Rural Areas, which encouraged localities to carry out practical exploration of inheritance of shares in rural collective economic organizations. Since then, numerous practical cases concerning inheritance of shares in rural collective economic organizations have emerged across the country, but because of the delay in legislation, different standards have been applied in handling related issues in different places, resulting in a large number of "same case but different judgments." Through a comparative study of rural collective economic organization theory and the collection of 132 civil judgments involving inheritance of shares in rural collective economic organizations from various places for empirical research, it was found that the scope of heirs was unclear, the proportion of non-collective members who could inherit was unclear, and the procedures for inheritance were unclear. Therefore, this study aims to provide judicial application suggestions for clarifying the scope of heirs, clarifying the proportion of non-collective members who could inherit, and clarifying the procedures for inheritance, in order to provide some reference for future judicial practice.

Business Contraction as a Cause for Termination of Employment Contract: A Case Study of Taiwan High Court Civil Judgment 2019 Zhong-Lao-Shang-Gen(1)-Zi No. 3

Business Contraction as a Cause for Termination of Employment Contract: A Case Study of Taiwan High Court Civil Judgment 2019 Zhong-Lao-Shang-Gen(1)-Zi No. 3

Reconciliation between the Formality of the Will and the True Intention of the Testator: Commentary on the Taiwan High Court's 106th Annual Civil Judgment No. 234

Reconciliation between the Formality of the Will and the True Intention of the Testator: Commentary on the Taiwan High Court's 106th Annual Civil Judgment No. 234

Analysis of the Use of E-Court as An Electronic-Based Court Service in the Administration of Civil Judgment in Indonesia

A Technological advances have a broad impact on every aspect of people's lives, including the legal system, especially the e-court system which is a form of the government service system. The aim of the electronic justice system is to simplify the justice system by enabling online registration of cases, payments, summons and hearings. People had to waste time and energy traveling to and from court buildings before e-courts were available, making this service inefficient and ineffective. However, there are a number of obstacles to the use of E-Court, including lack of public outreach and education, limited human resources, and gaps in access to information and communication technology. Normative juridical research is the backbone of this research while also relying on secondary data. For this research, we also consulted secondary sources, such as government records and scientific publications, to gather information. The results found that the use of E-Court as a court service in Indonesia provides benefits including increased efficiency and effectiveness of justice, greater public trust in the justice system.

Dispute over the Existence of an Agreement on the Author of Works Made in the Course of Employment: A Brief Analysis of the Civil Judgment of Supreme Court (111) Tai-shang Tsu No. 185

Dispute over the Existence of an Agreement on the Author of Works Made in the Course of Employment: A Brief Analysis of the Civil Judgment of Supreme Court (111) Tai-shang Tsu No. 185

Analysis of Article 6 of the ECHR: In Recognition and Enforcement of Civil Judgments among European Countries

The right to a fair trial under Article 6 of the European Convention on Human Rights plays a crucial role in procedural protection in the recognition and enforcement of judgments within the European sphere. While the European Court of Human Rights has developed various scrutiny standards for judgments of different statuses by contracting states to safeguard procedural rights under Article 6 of the Convention, there is still a lack of systematic clarification regarding the application sequence of relevant scrutiny rules in the judicial practice of the Court. This paper analyzes the Court's application sequence of rules through the examination of existing case rules and interpretation of recent cases. The study finds that in judicial practice, the Court examines the admissibility criteria based on the standard of "crucial importance of the judgment for the parties"; after meeting the admissibility criteria, the Court applies the "equivalent protection standard" to determine exceptions where contracting states do not require scrutiny; in cases requiring scrutiny, the Court guides its scrutiny scope based on the rules established in the Saccoccia case.

A Study on the Legitimacy of the Behavior of Knowing Purchase of Counterfeit Goods

Since the news of Wang Hais victorious compensation claim for "anti-counterfeiting through knowingly buying counterfeits" spread across China in the 1990s, many individuals engaging in similar actions have emerged in various market sectors. The academic community remains divided on how to characterize this behavior, and lawsuits resulting from such actions are frequent. By searching for "knowingly buying counterfeits" on China Judgments Online, 1,885 related civil judgments are found from January 1, 2018, to January 5, 2024, showing a declining trend in the number of judgments over this period. Although this trend may partly be due to a decrease in the rate of judgment disclosures on the website, the persistence of hundreds of related cases annually over the past two decades indicates that the legal issues surrounding knowingly buying counterfeits are still worth studying in Chinas market economy. This paper will analyze the legitimacy of such actions by discussing the concepts of knowingly buying counterfeits and punitive damages, using typical cases and judicial rules in China as references.

A Case Study on the Business of Human Resources Outsourcing in Hospitals: Discussing the organizational Obligations of Human Outsourcing of Hospitals from the Civil Judgment No. 8 of the Taiwan Taoyuan District Court in 111

A Case Study on the Business of Human Resources Outsourcing in Hospitals: Discussing the organizational Obligations of Human Outsourcing of Hospitals from the Civil Judgment No. 8 of the Taiwan Taoyuan District Court in 111

A Critical Discourse Analysis of the Civil Judgment of “The Besieged City” Copyright Infringement Case

Based on Fairclough’s three-dimensional model, this paper sets out to give a critical discourse analysis of the civil Chinese judgment of“The Besieged City”Copyright Infringement Case by adopting a descriptive and explanatory approach. This study analyzes the main linguistic manifestations of power asymmetries in the language of a civil judgment and investigates how the power relations among different participants are shown in the social court context. It is found that address forms, formal words, nominalization, modality, imperatives and ellipsis are the main linguistic manifestations of power asymmetries among court participants. The interpretation and explanation of the situational court context manifests to a certain extent the encoding power relations, and such social structure of power relations help shape the discourse of judgment, and the discourse itself reinforces the enactment of the power relations. It is hoped that the findings of the present research may provide legal professions with new insights into drafting and reading judgments and provide reference for legal laypersons to have a critical understanding of civil judgments whenever they become a reader of this kind of judicial genre.

Will the Absence of an Appointment Relationship between a Supervisor and a Company Ruled by the Court Affect the Minority Shareholders’ Right to Implement Action: Comment on the Supreme Court Civil Judgment No.1128 of 2023

Will the Absence of an Appointment Relationship between a Supervisor and a Company Ruled by the Court Affect the Minority Shareholders’ Right to Implement Action: Comment on the Supreme Court Civil Judgment No.1128 of 2023

The Foundation and Boundaries of Contract Interpretation: A Brief Analysis of the Civil Judgment of Supreme Court (112) Tai-shang Tsu No. 1748

The Foundation and Boundaries of Contract Interpretation: A Brief Analysis of the Civil Judgment of Supreme Court (112) Tai-shang Tsu No. 1748

Conflict of Laws in the Restrictions on Transfer of Shares of Close Company and Succession: A Brief Analysis of the Civil Judgment of Supreme Court 112 Tai-Shang Tsu No. 1512

Conflict of Laws in the Restrictions on Transfer of Shares of Close Company and Succession: A Brief Analysis of the Civil Judgment of Supreme Court 112 Tai-Shang Tsu No. 1512

Perfecting the Mechanism of Successful Mediation Agreement Under the Laws of Vietnam and the Experience of Germany, USA, Australia, and Singapore

Objective: Improve the legal provisions on the mechanism for implementing successful mediation agreements according to Vietnam Commercial Mediation law.
 
 Method: Methods used in this article include: writing law analysis, comparative method, and data collected from documentation... to compare and analyze The successful mediation enforcement mechanism under Vietnamese law and some countries such as Germany, the United States, Australia, and Singapore.
 
 Result: Resolved inadequacies in recognizing a “Successful mediation agreement”; Proposed to develop regulations on the mechanism of implementing a successful mediation agreement within the scope of the law on commercial mediation, the law on handling administrative violations, and the law on enforcement of civil judgments.
 
 Conclusion: This study contributes to orienting, perfecting, and resolving shortcomings related to the key role of the commercial mediator, improving security principles, and simplifying processes to recognize a “Successful settlement agreement”. This important legal foundation helps the Commercial Mediation method operate effectively.

Disputes Related to Dismissal of Ｗorkers Suffering from Occupational Accidents-An Analysis of the Civil Judgment for No. 12 in 2020 by Taiwan High Cour

Disputes Related to Dismissal of Ｗorkers Suffering from Occupational Accidents-An Analysis of the Civil Judgment for No. 12 in 2020 by Taiwan High Cour

The descriptive analysis of civil court decisions of dental malpractice related to infection in Taiwan

The evaluation of dental malpractice claims database is helpful to analyze the risk and lower the chances of potential litigation. In this descriptive analysis, the Taiwan Judicial Judgment Database was used to analyze the civil court decisions of dental malpractice related to infection from January 1, 2000 to August 31, 2023. After rigor verdicts reviewed, 53 dental malpractice civil judgments related to infection were included and further analyzed. Total 15 lawsuits were required to recover the punitive damages. The overall civil conviction rate was 28.3%. Two cases occurred in the dental department at medical center and 13 cases were found in the local clinics. The top one awarded compensation is dental implant. The amount of compensation was ranged from NT$ 110,000 to NT$ 3,000,000. In conclusion, this analysis can provide the important information and reference in the amounts of compensation for dental malpractice in Taiwan.

Does the Claim for the Price of Made-to-Order Products Apply to Short-Term Extinctive Prescription? A Brief Analysis of the Civil Judgment of Supreme Court (112) Tai-Shang Tsu No. 963

Does the Claim for the Price of Made-to-Order Products Apply to Short-Term Extinctive Prescription? A Brief Analysis of the Civil Judgment of Supreme Court (112) Tai-Shang Tsu No. 963

Economic Fallout of Covid-19: Evidence from South Africa

The covid 19 pandemic was quite challenging for policy makers in that it presented both an economic and health crisis. This meant that policy makers had to strike a balance between saving lives and protecting livelihoods. Against this backdrop, the primary goal of this study is to examine the economic fallout of covid 19 in South Africa. On the education front, the study finds that nearly 15% (2 million) of public-school pupils did not return to school post covid 19. Furthermore, the study finds that the covid 19 pandemic exacerbated the entrenched digital divide in the education system. As regards the economic implications of the covid 19 pandemic, the study found that business liquidations increased by as much as 48.9% following the outbreak of the covid 19 pandemic. Even worse, the total number of civil summonses issued for debt increased by 28.9% in the three months ending July 2021 compared to July 2020. Meanwhile, the value of civil judgements recorded for debt doubled from R483 million to R855 million during the same period. This indicates that following the outbreak of covid 19, a significant number of citizens were facing a litany of cash flow challenges amid reductions in salaries and forced retrenchments, hence the default in loan repayments. There remains a strong need for epidemic preparedness given that disease outbreaks are not likely to disappear in the near future. This can be achieved by harnessing lessons from previous pandemics and establishing effective surveillance and response systems.