Practice Of Law Research Articles

The Role of Administrative Courts in Ensuring the Protection of the Rights of Children of Same-Sex Couples (in the Context of European Law)

The role of courts in the protection of individual and the so-called judicial lawmaking are theoretical issues of a major importance for legal practice (law application), as they concern the answer to the question of what a judge when the statutory provisions, in the opinion of the court, are outdated or insufficient in relation to the factual situation being resolved, due to ongoing alterations in social relations. The aim of the study is to point out the role of administrative courts in protecting the rights of children of same-sex couples. Contemporary phenomena operating on a European scale, such as open borders and migrations, pluralism of lifestyles, or the development in infotech and biotech (also medical technologies), are reflected in legal relationships regulated by various branches of law, including the norms regulating cases falling within the scope of cognition of administrative courts. They are also, inter alia, a source of problems in the title area related to the interpretation of such norms. Case-law can play an important role in both dynamically interpreting the law within social realities, unifying practice and rising the awareness of rights protection. The title subject is presented in the light of European law – primarily in the light of standards and principles of law, the sources of which are: traditions of European states and national law, inter- and supranational regulations and case-law of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU). It is worth noting that, as far as EU law is concerned, there has been no harmonisation or unification at the community (or Convention) level in this area due to lack of delegation the relevant competences to the European Union by the Member States. According to the principle of conferral, the Union can only act within the scope of its competence and has only as much competence as the Member States have conferred on it. Thus, all matters not explicitly indicated as EU competences remain under the autonomous regulation of the Member States. However, these title matters fall – indirectly – within the scope of the norms provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights – ECHR). The paper shows that administrative courts – which as a rule are to pass conservative and formalistic judgements – are able to refer to the value of flexibility in the law application, when it is necessary to grant protection to the rights of children of same-sex couples.

Chronology of Practice: Chinese Practice in Private International Law in 2022

Abstract This survey contains materials reflecting the Chinese practice of private international law in 2022. Firstly, the changes in the statutory framework of private international law in China include two legislative acts and one administrative regulation. Moreover, three international treaties in this regard were ratified by the National People’s Congress. Secondly, three judicial interpretations of the Supreme People’s Court (“SPC”) were adopted or amended, and 56 typical cases in six judicial documents on different topics were issued by the SPC. Thirdly, four typical cases on Chinese courts’ jurisdiction; 14 cases on choice of laws on various issues such as foreign investment contracts and negative lists, rights in rem, life insurance contracts and mandatory rules; one case on international judicial assistance rendered to an Argentinean court; three cases on interim measures; three cases on the recognition and enforcement of foreign judgments; nine cases on international arbitration including international sports arbitration and foreign awards, are selected in this survey for their emerging significance. Fourthly, the provisions regarding the extraterritorial application of Chinese laws have been identified for the first time in this series of surveys, shedding light on this aspect of private international law in China. They include those contained in, inter alia, China’s Anti-Monopoly Law, Anti-foreign Sanctions Law, Export Control Law, Securities Law, the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures, as well as the Provisions on the Unreliable Entity List.

Research on the Theoretical and Practical Logic of Chinese Modernization

The Chinese style modernization road is not a simple learning and imitation of the modernization road of the West and the Soviet Union. Therefore, the formation of Chinese modernization theory has its unique theoretical logic and practical logic. From the perspective of theoretical logic, the theoretical exploration of Chinese modernization originated from the modernization thoughts of Marxism and Leninism. After the arduous exploration of several generations of Chinese Communist party, a relatively mature theoretical system of Chinese modernization has been formed. From the perspective of practical logic, the practical process of Chinese style modernization can be divided into four stages, in which the practical laws from "passive" to "active" and from "series" to "parallel" appear. An in-depth interpretation of the historical logic, theoretical logic and practical logic of Chinese modernization will help us more comprehensively grasp the connotation, essence, principles and significance of Chinese modernization.

Legal Principles of the Advocacy Activities in Azerbaijan and in the post-Soviet States: The Role of Digitalization and Technological Aspects

The relevance of the study lies in the fact that the Bar is a self-governing institution of civil society, and given its specific functional purpose, it plays an important role in the unified system of law enforcement agencies, in strengthening legal awareness in the state. The purpose of the study is to find the ways for further improvement of the organisational framework of the Bar in the Republic of Azerbaijan. In accordance with this goal, the task of the study is to analyse the foreign experience of the organisation of the Practice of Law and the Bar from the standpoint of expediency and possibilities of its use in the Republic of Azerbaijan. The methodological basis of the study is the general scientific dialectical method of cognition and the private scientific methods arising from it: systemic and structural, specific sociological, technical and legal, comparative jurisprudence, and other scientific methods of cognition of socio-political methods and processes. The use of these methods made it possible to study the Bar and the principles of its activities in the Republic of Azerbaijan and foreign countries in an interconnected, integral, comprehensive, and objective manner. The conclusion of the study is the argumentation of the position that the practice of law in the Republic of Azerbaijan, as well as in other post-Soviet countries, is possible in various organisational forms, but all subjects of the bar community have one exclusive goal – to facilitate and assist the development of their professional activities. At the same time, the author argues that in order to be effective, the bar community should facilitate the economic activity of its members, and this activity should be exclusively auxiliary to the main activity. The study also substantiates specific proposals for improving the legal regulation of the organisational structure of the Bar of the Republic of Azerbaijan, which will contribute to the efficiency of its functioning.

STATE LIABILITY IN THE CONTEXT OF EUROPEAN INTEGRATION

The main idea in the pursuit of European integration in Ukraine is that the reception of foreign legal institutions is increasingly spreading among lawyers and ordinary citizens, and is the simplest and fastest way to solve problems that have accumulated in society. However, on the favor of the populist nature of such calls, a critical approach to such a complex process as reception is pushed to the background. The best example of the ambiguity of this approach can be demonstrated by the illustration of German law - the institution of state liability of bod­ies and their representatives for caused damage. The institute itself is not something new; it is also familiar to the Ukrainian law. Moreover, it even has similar regulatory mechanisms that in both the Constitution of Ukraine and the Civil Code of Ukraine are easy to find. However, the internal content of the institution has fundamental differences. The main reason is the difference in the law practice, which is aimed at compensating for the rather meagre regulatory body for such a complex legal institution. Being a two-component element that consists of a civil and a public liability, it includes an administrative liability which is fully subordinated to the German civil law logic in the context of the federal structure of the state, it often leads neither only to confusing casuistry, nor comes into conflict with the European law, there is a struggle for the right to determine independently the responsibility of its state bodies. Not the least role in this is played by the degree-rank of the responsibility of the state as such with a complex mechanism of interaction of all these elements with each other. Thus, we can say that the implementation of any institution in isolation, outside the context of the legal system, where it has been nurtured and reinforced by the law practice, is doomed to failure in advance. This is why even two similar in form legal institutions in different countries will have different degrees of efficiency and are not always suitable to solve the same tasks.

Transforming Legal Practice: The Role of AI in Modern Law

With an emphasis on its diverse applications, ethical issues, and the changing role of legal professionals in a digitally integrated age, the essay examines the revolutionary effects of artificial intelligence (AI) on the practice of law. It explains AI's uses in fields like legal research, contract assessment, documentation automation, and forecasting after first analyzing the technology's historical development from simple automation to sophisticated algorithms. The article discusses ethical issues including algorithmic prejudice and data privacy in addition to highlighting the advantages of adopting AI, such as enhanced efficiency and cost-effectiveness. The article forecasts the development of AI in law, imagining more comprehensive integration and improvements in AI instruments customized for various legal fields. In order to fully realize AI's transformational potential while negotiating its ethical and practical challenges, it promotes a cooperative synergy between legal professionals and AI systems. The following paper applies a qualitative research approach. Keywords: Artificial Intelligence (AI), Ethical Considerations, Future Trends, Legal Practice, Technology Integration

Kedudukan Hukum Tenaga Medis dan Tenaga Kesehatan Perawat Sebagai Pemangku Profesi Kesehatan Dalam Pelayanan Kesehatan

Health professions recognized autonomously by law consist of (1) the medical profession, (2) nursing, and (3) midwifery. These three health professions have different legal principles, so both types of professions have professional autonomy. The professional autonomy of health professions has consequences for various aspects of the existence of health profession stakeholders, such as their position, function, tasks, authority, and legal responsibilities. One of the legal aspects of health profession stakeholders is the legal standing of each health profession stakeholder. The law does not regulate the legal standing of health profession stakeholders in healthcare services, resulting in a legal vacuum regarding the legal standing of these health profession stakeholders. Do health profession stakeholders have equal or different legal standing in healthcare services from the perspective of the principle of legal equality? The research method used is the juridical-normative research method, which examines primary, secondary, and tertiary legal materials. The research conclusion is that the legal standing of health profession stakeholders is the same and equal from the perspective of the principle of legal equality. The suggestion presented is that legislators need to amend healthcare laws, medical practice laws, nursing laws, and midwifery laws to regulate and establish the legal standing of health profession stakeholders as the same and equal based on the principle of legal equality.

Law practice in ukraine in the aspect of implementation of general european standards of the organization of legal activities (theoretical and legal aspect)

The article examines the development directions of the advocacy institute based on the analysis of the content of the special legislation of Ukraine. In the aspect of intensifying the processes of European integration of Ukraine, as a candidate state for joining the European Union, the main factors of reforming the institution of advocacy of the self-governing bodies of the advocates are analyzed, the priorities of the reform of the legislation on advocacy are outlined, taking into account the problems of the practice of advocacy. On the basis of a systematic analysis of international and bilateral documents, the latest amendments to the Law of Ukraine "On the Bar of Ukraine" and laws on the implementation of the rights and freedoms of a person and a citizen of Ukraine provided for by the Constitution, aspects of the practical implementation of the principles of the rule of law, strict adherence to the constitutional provisions of the law, democracy, social expediency, principles of scientific validity, systematicity and coherence, interconnection and interaction of legislative acts, priority of generally recognized norms and principles of international law in relation to national legislation. The conclusion that the main task in the process of practicing law is to highlight the processes of reforming the institution of advocacy and the mechanisms for ensuring the development of special legislation is substantiated. Special emphasis is placed on improving the self-government of lawyers, guarantees for the protection of the professional rights of lawyers, and strengthening the qualification requirements for persons who must gain access to the profession of lawyer.

Medical Malpractice Payment Reports of Physician Assistants/Associates Related to State Practice Laws and Regulations

ABSTRACT Purpose: Authorizing physician assistants/associates (PAs) to provide care to patients and removing restrictive laws and regulations without sacrificing patient safety is essential to meet the needs of patients and the US healthcare system. The aim of this observational study was to determine if states with permissive compared to restrictive PA scope of practice laws and regulations had higher instances of medical malpractice payment reports (MMPR), a proxy of patient harm. Design: This observational study examined 10 years (2010-2019) of medical malpractice payment reports data from the National Practitioner Data Bank (NPDB) compared to the laws and regulations of states for the same period. Results: Negative binomial regressions indicated no statistically significant differences in MMPR rates between states with permissive versus restrictive PA practice laws and regulations. Five of six practice reforms decreased or had no significant effect on PA and physician MMPR occurrences. One reform was associated with a weak but statistically significant increased risk of MMPRs for PAs and a trend toward a decreased risk for physicians. Conclusion: This study suggests that removing restrictive laws and regulations to PA practice does not increase overall risks to patients or increase rates of malpractice within US healthcare.

Overcoming the “tenant-owner dilemma” to foster energy efficiency in residential private rented housing

Purpose The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither landlords nor tenants have incentives to invest in energy efficiency upgrades. Although the Energy Efficiency Directive calls Member States to overcome legal barriers to remove split incentives and to encourage retrofits, the list of possible measures is too vague. This paper aims to discuss tenancy law measures designed to increase the energy efficiency of residential housing and to detect which Member States have already addressed this phenomenon. Design/methodology/approach This paper analyses, from a civil legal perspective, the possible private law barriers arising from the tenant-owner dilemma when performing energy efficiency works in selected countries and proposes legal reforms in tenancy law and related policies to overcome them. To do so, this paper follows a legal-dogmatic and comparative law methodology. Findings This paper concludes that some tenancy law provisions, such as the possibility to increase the rent after energy efficiency renovations and long-term leases, may challenge the tenant-owner dilemma in private rented markets, thus promoting renovations and retrofitting for energy efficiency purposes. It also proposes other policies intended to increase parties’ willingness to undertake works. Research limitations/implications More research on the economic and legal efficiency to regulate some of the civil law measures to challenge the tenant-owner dilemma should be necessary. Practical implications The civil law measures included in this paper may help national policymakers meet the energy efficiency targets, according to what is established in the Recast Energy Efficiency Directive 2023. Originality/value Based on the economic theory of the tenant-owner dilemma, this paper investigates the elements of tenancy law that may contribute to less energy-efficient homes, proposing policies for those countries interested in addressing the energy-efficiency challenge from a private law point of view.

Widows’ Rights and Customary Law: Addressing Responsive Law to Divorce Cases of Tolaki Community in Indonesia

This article discusses the tendency to ignore women's rights in customary law practices in the Tolaki tradition, Southeast Sulawesi, Indonesia. Women often become a victim of deprivation of rights by customary legal tradition, such as ex-wife rights in post-divorce and the right to make choices. This article aims to discuss how widows are protected by custom by offering responsive law as a process for resolving marriage and divorce through customary decisions. Normatively, legal divorce settlements can only be processed through religious court institutions. Using a normative-empirical approach, this study has three significant findings. First, the process of resolving family conflicts involves complying with applicable customary provisions that must be obeyed by the Tolaki community. Second, tradition is not the only basis for consideration in the elements for making customary decisions. Third, responsive law can theoretically direct the lives of the people of the Tolaki traditional community by providing recommendations for considerations that are in accordance with the social structure and community relations related to the application of customary law. However, according to custom, widows who are not resolved before a court hearing can be followed up again to immediately register their case in a religious court in order to minimize neglect of the right to terminate a unilateral divorce and the rights of the widow and children after divorce. Under these conditions, offering responsive law is a strategy to balance rights in divorce cases bound by state legal norms.

Clinical Legal Education and Access to Justice During and Beyond COVID-19: Some Reflections of Indian Experience

Legal education aims to impart legal skills and training to law students and develop them into professionals who can render legal services. Clinical legal education (CLE) bridges the gap between the theory and practice of law. CLE has dual purposes of imparting lawyering skills to law students and achieving the social justice mission of law. CLE imparts certain skills and values to students for social justice. Students’ involvement in legal aid clinics makes them more justice-oriented, empathetic and ready for social change. With such orientation, they can assume larger leadership roles as ‘social engineers’. The access to justice crisis compels us to think about legal education’s scope and purpose. In this article, we argue that CLE is indispensable for the attainment of access to justice. During the COVID-19 pandemic, students supervised by clinicians at legal aid clinics worked with communities on issues of ‘migration’, ‘health’ and ‘education’. We argue that the COVID-19 pandemic was instrumental in revealing that legal aid clinics can play a larger role in the attainment of access to justice even during ‘normal times’. This article offers recommendations in order to achieve the goal of securing access to justice for the masses.

THE CONCEPTION OF THE PRINCIPLES OF MUNICIPAL LAW

The article examines the problems of defining the principles of municipal law as a branch of Ukrainian law. The phenomenology of municipal law is studied in the context of its genesis, development and understanding of the principles of municipal legal regulation. It is proven that the formation of the modern domestic municipal legal doctrine has set scientists a number of conceptual tasks, the solution of which depends on the effectiveness of rethinking the essence, content (system) and functions of municipal law as a branch of law. One of these tasks is the final rejection of the dogmatic vestiges of Soviet jurisprudence, which is firmly rooted in the domestic municipal legal doctrine. First of all, this is manifested in the penetration of many principles and archaic stereotypes inherent in the theory and practice of Soviet state law into the matter of municipal law. According to the author, a qualitatively new vision of the nature of municipal law mainly depends not only on the correct definition of the subject and method of municipal law, but also on the principles of municipal law. The content and methodological approaches to the formation of the updated system of principles of municipal law in Ukraine are determined not only by the radical transformation, modernization of the Ukrainian state, its apparatus on democratic principles, decentralization of state power, but also by the processes of the formation of the European model of local self-government and municipalism in Ukraine, the realization of municipal human rights and the formation of a local system of their protection. It is proven that the transformation of the field of municipal law of Ukraine in the context of the decentralization of state power radically changes the entire legal system of the state and fundamental branches of law (first of all, constitutional and administrative law) and objectively requires the definition of the content, meaning and outline of the foundations of the formation of a new system of principles of municipal law. The conceptual principles of updating the system of principles of municipal law of Ukraine need to take into account the unified principles and standards of municipal law developed by European municipal legal doctrine and practice. This is a necessary step in overcoming the doctrinal gap in the development of the guiding ideas of the industry, its values, guidelines, which act as a kind of «framework» of the field of municipal law and determine the logic of the development of the system of legislation on local self-government.

World Pandemic Control in International Law: Through a Transboundary Harm Perspective

The current pandemic response system under the International Health Regulations has been considered unsatisfactory in controlling world pandemic outbreaks. Opinions are voiced that a legal evolution incorporating other sources of international law is imperative to meet the system’s primary deficiency: the uneven degree of State compliance with the ‘core capacity’ requirements. Against this background, this paper aims to examine the potential application of transboundary harm rules in world pandemic prevention, where existing treaty obligations are insufficient or ineffective in addressing future obstacles. By comparing their conceptual characters and legal elements, this paper seeks to reveal the inherent link between the two domains, which may further demonstrate an existing manifestation of transboundary harm rules as emerging customary international law in current pandemic prevention practice. Based on the structure of transboundary harm rules, this paper aims to provide an innovative legal framework that justifies the differentiated standards among States with uneven capacity and underlines the obligation of cooperation. Such a framework is designed to improve the level of States’ prevention and response towards future global health emergencies raised by world pandemics. Moreover, it hopes to provide practical ideas for formulating the new international instrument on pandemic prevention, which is currently being drafted by the Member States of the World Health Organization.

Invalidity of Contracts in Violation of Mandatory Provisions of Public Law: Judicial Practice in China

Researchers have always favored how mandatory provisions of public law affect the validity of contracts. After the implementation of China's Civil Law, how to recognize the invalidity of contracts that violate the mandatory provisions of public law has also been hotly debated by the theoretical and practical circles. From the perspective of the Civil Law, which fully respects the concept of private law autonomy, and from the perspective of assuming the validity of a contract as a prerequisite for the application of the law in practice, a contract that violates the mandatory provisions of public law shall, in principle, be presumed to be valid. In determining whether a contract that violates the mandatory provisions of laws and administrative regulations is null and void, it is necessary to carefully analyze whether the legislative purpose of the mandatory provisions will lead to the nullity of the contract, and at the same time, pay attention to the distinction between the mandatory provisions that result in the nullity of the contract and those that result in the contract not coming into effect, being of pending validity, or being voidable. Contracts that violate the mandatory provisions of local laws and regulations or administrative rules may be invalid because they violate public order and morals, but they are not invalid because they are "against the law".

Private ownership of water bodies: does it exist?

In modern conditions, when the issue of conservation and rational use of water resources of Ukraine is gaining special attention in the conditions of armed Russian aggression, the analysis of the legal basis of the ownership of water bodies receives a new impetus for research and is especially relevant from the point of view of the possibility of the owners of water bodies calculate damages caused to water resources - a direction that includes pollution, clogging, depletion and other actions on water resources that can worsen water supply conditions, harm people's health, cause a decrease in fish stocks and other objects of water fishing, deterioration conditions for the existence of wild animals, a decrease in soil fertility and other adverse phenomena due to changes in the physical and chemical properties of waters, a decrease in their ability to natural purification, a violation of the hydrological and hydrogeological regime of waters. It was emphasized that water resources are a key factor not only for ecological stability, but also for the socio-economic development of the country. Regulation of ownership of water bodies has a significant impact on the efficiency of water resources management, access to drinking water, agricultural production and other important aspects of the life of the population and the state. Taking this into account, the central place of the conducted research is devoted to the issue of the existing conflict of provisions of the Land and Water Codes of Ukraine in the sphere of settlement of the issue of ownership of water objects from the position of the ratio of public and private environmental interests. Separate aspects of this issue are considered from the standpoint of national judicial practice and analysis of international environmental law. It has been proven that in some cases, the national legislation of some EU member states provides for the possibility of acquiring the right of private ownership of water bodies. The paper also highlighted doctrinal approaches to understanding the essence of the Ukrainian people's ownership of natural resources, including water. Summing up, it is argued that the study of conflicts in the legal regulation between the Land and Water Codes of Ukraine is relevant and important for ensuring sustainable water management and protecting the rights of citizens. Appropriate amendments to the Land Code of Ukraine were developed and proposed.

Relevance of International Law in Preventing International Conflict: A Case Study of Russia-Ukraine

Russian invasion of Ukraine in 2022 raises the question of the relevance of international law which is supposed to preserve international peace. In the context of the current Russia-Ukraine war, the legitimacy and applicability of international law are being questioned, as it has not been able to protect human rights, which are grossly violated in such a war. In this context, it becomes very pertinent to revisit the idea and practice of international law to find out where the fault lies, why it fails to provide the solution to international conflict, and what can be done to make the body of international law serve its purpose in the true sense. In light of these questions, this article attempts to examine the limitations of international law in relation to addressing the Russia-Ukraine conflict and to reflect on how international law can become an instrument of protecting human rights by preventing international conflict and ensuring international peace.

On (Measuring) Recidivism, Penal Populism and the Future of Recidivism Research

It is common criminological knowledge that recidivism – relapse into criminal behaviour – is a major predictor of future criminal behaviour, one could say a ‘hard-core’ criminogenic factor, esp. when displayed at a young age. Yet, despite its prominence and importance in both criminology and the discipline and practice of criminal law, there is an ongoing confusion about the concept and social construction of recidivism, its basic terminology, approaches to its measurement (methodology), and finally about the best ways to deal with it. In the paper at hand, we aim to unravel at least some of the grand mysteries surrounding recidivism and its research, targeting particularly domestic criminal justice professionals and researchers, since we have found a certain lack of relevant and up-to-date Croatian publications on this topic. Instead of simply presenting or arguing for any of the competing perspectives, such as the criminological, normative or penological, or a more practical instead of a scientific perspective (to name but a few), we critically analyse each of these perspectives, highlighting their pros and cons, while leaving it to the readers to choose any or all of them – depending on their own perspectives and purposes. Thus, key findings from recidivism research are discussed in the context of steadily growing penal populism, which is characterised by broadening the scope of criminalisation and increasing sentencing frameworks as well as harsher punishment practices, targeting in particular recidivists. All this occurs in the context of populist public and media discourse about crime and criminals, which effectively undermines any notion of evidence-based crime policy. But times are changing and the future of recidivism research, spearheaded by neuropenology, might very well provide us with a new kind of knowledge and understanding needed to put a check on penal populism.

OFFENCES COMMITTED THROUGH THE USE OR APPLICATION OF INFORMATION AND TELECOMMUNICATION TECHNOLOGIES: MODES OF THEIR COMMISSION AND QUANTITATIVE CHARACTERISTICS

The article discusses the ways of committing crimes with the use or application of information and telecommunication technologies (hereinafter — ITT). The current classification of methods is given, quantitative and qualitative characteristics are analyzed, indicating the presence of changes in the structure of ways of committing crimes in cyberspace, as well as the emergence of new ways of committing crimes in the field of ITT. The paper focuses on the need to use operationalinvestigative characteristics of methods of committing crimes with the use or application of ITT in order to ensure an appropriate level of detection and disclosure of these types of crimes by operational units of internal affairs bodies. The author believes that the materials of the article will arouse the interest of the scientific community and practical law enforcement officers.

A Comparative Study of Fiduciary Duty Examination Systems in Corporate Decision-Making

In recent years, China has witnessed a surge in corporate governance irregularities both internally and externally. Terms like "financial scandals" have frequently trended, drawing high attention from the general public and causing significant damage to China's financing environment. Even though there are complex regulations in place, there are still speculators who, under the guise of legal decision-making processes, act dishonestly, making it difficult to prevent. Perhaps we should consider introducing a fiduciary duty system and learning from the legal systems of the United States and the United Kingdom to protect the interests of small and minority shareholders. In the state of Delaware, often referred to as the world's corporate capital, a shareholder lawsuit involving "the world's richest person," Elon Musk, and his prideful Tesla company unfolded in the Delaware Chancery Court. It immediately attracted the attention of business owners, investors, and corporate legal scholars from across the United States and the world. Since Tesla officially announced the acquisition of Musk's affiliated enterprise in 2016, SolarCity, founded by his cousins, a protracted legal battle initiated by a substantial group of plaintiffs lasted for over five years, finally coming to an end in early 2022 with Musk's victory. This enduring lawsuit, centered around whether Musk violated his fiduciary duties to minority shareholders under Delaware corporate law, with its lengthy process, complex evidence, and the judge's astute rulings, has provided us with insights into the examination logic and techniques applied by top-tier corporate law regarding fiduciary duties. This holds significant guiding significance for the subsequent amendments and practices of China's Company Law.