经济法与商法案例(授课)

经济法与商法案例(授课) 【案例1】罗田县某自来水厂自2005年元月至于2008年5月，在没有取得用户同意的情况下，开展自来水设施维修服务，并强行按每户每月3元收取代维费，代维费随同水费一并收取。该自来水厂在没有进行维修服务的情况下，也要对用户收取代维费，对拒绝缴纳代维费的用户则采取停止供水等措施。三年共收取代维费5万元。后被工商部门立案查处。 试分析自来水厂的违法行为。 【案例2】2007年1月甲厂在国家商标局注册了圆形商标"喜凰"牌，用于白酒产品。2007年3月，乙厂注册了圆形图案"天福山"，其中有"喜凤"字样，整个商标图形图案和文字除"天福山"和"凤"字外，所有的文字、图案都与"喜凰"商标一样，并且都用隶书书写，字型相仿。从2007年3月到2008年5月，乙厂用"天福山"的商标共生产白酒470万瓶，销售了340多万瓶。销售额达244periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 万多元。正因为甲、乙厂的商标相似，又加之乙厂采用了与甲厂白酒相似的装潢，致使广大消费者误认为"喜凰"就是"喜凤"，也既"喜凰"，造成了消费者误购。同时也因此造成了甲厂产品滞销，给甲厂造成了巨大的经济损失。因此，2009年1月，甲厂状告了乙厂。 [问题] 1(何谓假冒或仿冒行为，如何认定, 2(乙厂的行为违背了我国哪些法律法规的规定, 【案例3】某省于2008年元旦开通有线电视公共频道，该有线电视台为了提高收视率，以吸引更多的广告客户，推出了集娱乐，休闲，广告抽奖为一体的“缤纷时刻”栏目，开展“日日送奖，月月送礼”活动，每天向观众出一道简单的问题，猜对的观众通过抽奖即可获得每日送出的一台VCD或者一部摩托罗拉手机，每月还送出一个超过10万元的大奖即一套公寓。此举引起了强烈的社会反响。另外，该省还拥有多家电视台，电periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 视台之间的竞争非常激烈，而该有线电视台开展的有奖竞猜活动的目的主要是为了招揽广告客户。 【问】电视台的行为是否违法,为什么, 【案例4】刘某与王某均经营高档服装，刘某的服装生意很好，每月盈利十几万元，而王某每月盈利仅万元。刘某经营的红福牌服装很畅销，每次进一批货不到几天就转手销售一空，王某也想经销该服装，但该服装往哪里销就摸不到门路，王某很想从刘某处打听销路，但刘某看出了其意图而守口如瓶。一天，王某与刘某一块吃饭，王某谎称自己没有带手机，借用刘某的手机打一个电话，王某从刘某手机上查找到红福服装销售的具体地址是福州一家客商，并迅速将此商业信息转接到自己的手机上。 王某获得此信息后，抢先一步去红福厂调回一批服装到福州转手销售，一次盈利10万元。当刘某把货送到福州时，客商以已进货为由，没有接收刘某送来的红福牌服装。periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 刘某从客商的谈话中了解到这次抢先送货的人是王某。刘某找到王某询问这件事时，王某当众承认了自己转接了刘某的信息。刘某要求王某赔偿因此造成的损失，王某认为市场经济谁都可以经营红福牌服装，自己没有责任赔偿。由于两人协商不成，刘某将王某告上法庭。 【问】王某的行为是否违法,为什么, 【案例5】九州啤酒厂(下称“九州厂”)和正丰啤酒厂(下称“正丰厂”)是某市主要的两家啤酒生产厂家，生产的啤酒都比较受消费者欢迎。但是，一到冬季啤酒销量就下滑，九州厂就想办法发动本厂员工联系销售，多卖多奖，职工的积极性调动起来了，啤酒销路打开了，效益上去了，全厂喜气洋洋。正丰厂见此情景，认为九州厂抢了自己的生意，于是在厂长的指使下，几个员工买了50箱九州厂的啤酒，冬天里，白天把啤酒放在太阳下晒，晚上把啤酒放在锅炉房periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 烤，折腾了半个月，硬是将这50箱啤酒搞变了质，随后通过关系混入九州厂销给客户的啤酒中，消费者喝了变质的啤酒，纷纷要求九州厂退钱、赔偿，消息传开，许多人都怀疑九州厂的啤酒质量不好，正丰厂趁此机会大搞促销，市场形势一下发生逆转。九州厂通过调查找到证据发现是正丰厂在搞鬼，于是向当地人民法院提起诉讼，要求正丰厂停止侵害，消除影响并赔偿损失30万元。 【问】不正当竞争行为如何认定, 【案例6】1998年，英特艾基公司先后在中国上海、北京开设了以“IKEA”为标志的大型家居专卖店。该公司准备在中国互联网上注册域名时，发现国网公司已于1997年11月19日在中国互联网络信息中心(CNNIC)申请注册了www.ikea.com.cn的域名。法院认为，国网公司注册的“ikea.com.cn”域名与英特艾基公司的注册商标“IKEA”的字母及读音均相同。从技术上讲，国网公司的做法，易误导广大消费者，使之认为该域名的注册periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 人也是“IKEA”驰名商标的所有人，或者与该驰名商标权人有着某种合作关系。 原告:这是恶意抢注法庭上见好了北京人熟悉的宜家家居就在北三环边上，他们认为国网抢注的域名是对其注册商标的公然抄袭和模仿，应属不正当竞争行为。从国网抢注了IKEA域名后长期空置不用来看，就是恶意抢注。 被告:域名商标两码事官司一定打下去1997年11月，国网申请注册的域名ikea.com.cn经过了 CNNIC的审核批准。当时，宜家家居还没有来到北京。所以，经办此事的国网常务副总经理张捷女士说，直到接到法院通知的当晚她才知道宜家家居。 “ikea.com.cn是我们为推出‘百家电 子邮件’而注册的2000多域名中的一个，其余‘i’打头的还有‘ibook’、‘ipaper’、‘ido’、‘imusic’等等。 我们的域名与宜家的业务一点关系都没有，根本谈不上什么不正当竞争。就像‘长城’这个牌子既可以是风雨衣，又可以是电脑;periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job ‘中华’名下有牙膏，也有铅笔。这种例子还有很多，只要不是同类商品，干的不是同一件事，就不算违法违规。”“国际惯例就是‘先来先注册’。比如，我国的五星啤酒到美国时，就因为人家已经有‘五星’这个牌子了，所以只好改叫‘九星’;南京的熊猫电子也是因为来晚了一步，才不得不在已有的panda.com.cn上再加上标识。这样的例子还有很多，难道谁先注册了谁就是恶意抢注吗,” 张副总经理坦言，刚接到状子时曾感到吃惊和不自在，但是现在她反倒希望在法庭上解决了。这个案子无论结果如何，都会促进我国域名规范化管理办法的出台，推动中国信息产业的发展。 北京市第二中级人民法院 民事判决书 (1999)二中知初字第86号 原告:英特艾基系统有限公司;住所地荷兰代尔夫2616LN，乌洛夫帕尔米斯塔拉大街1号。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 授权代表:汉斯?斯卡林(HANS SKALIN)，麦克尔?巴特洛夫(MIKAEL BARTROFF) 委托代理人:邹海林，中原信达知识产权代理有限责任公司法律部经理。 委托代理人:谢丽娜，中原信达知识产权代理有限责任公司副总经理。 被告:北京国网信息有限责任公司，住所地北京市东城区东直门南大街14号保利大厦写字楼三层。 法定代表人:赵会敏，董事长。 委托代理人:舒子平，北京市贝格律师事务所律师。 委托代发人:袁烽，北京分贝格律师事务所律师。 原告英特艾基系统有限公司(以下简称英特艾基公司)诉被告北京国网信息有限责任公司(以下简称国网公司)不正当竟争、商标侵权纠纷一案，本院受理后，依法组成合议庭，公开开庭进行了审理。原告英特艾基公司的委托代理人邹海林、谢丽娜，被告国网periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 公司的委托代理人舒子平、袁烽到庭参加诉讼，本案现已审理终结。 原告英特文基公司诉称:本公司在世界二十九个国家和地区拥有以"IKEA"命名的大型专卖店一百五十余家，经营家具及家居用品。一九八三年，本公司经国家工商行政管理局商标局核准，在中国商品分类和国际商品分类以及服务上分别获得了"IKEA"、IKEA及图形组合商标和中文"宜家"的注册商标。在国际上，本公司在美国、英国、加拿大、法国、香港等九十个国家和地区的多种商品和服务项目上注册了"IKEA"和IKEA及图形组合商标。当本公司准备在中国互联网上注册以自己拥有的注册商标"IKEA"为标志的域名时，却发现被告已在先注册了域名"ikea.com.cn"，将本公司的注册商标"IKEA"与被告抢注的三级域名"ikea"相比较，不难发现二者的读音、文字外形、字母组合以及消费者的呼叫方式等方面均完全相同。所以，被告抢注的域名是对本公司已使用多年且极具独创性的注册商标公然的periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 仿冒。本公司的商标"IKEA"是驰名商标，其相应的中文商标"宜家"在中国、香港、台湾等使用华语国家和地区具有相当的知名度。自一九九八年以来，上海、北京已经先后开设以"IKEA"商标为标识的家居专卖店，"IKEA"商标在中国已经逐步为消费者认同，一九九八年本公司在中国支付的广告宣传以及推广费用为六百万元人民币，而一九九九年的费用则上升为一千七百万元人民币。被告在抢注"IKEA"域名后，长期空置未加以使用，其行为违反了《保护工业产权巴黎公约》的原则立场，与《中华人民共和国民法通则》第四条所规定的诚实信用原则相冲突，应属不正当竞争行为。故诉至法院，请求法院1、判令被告立即停止使用和注销"ikea.com.cn"域名;2、判令被告承担案件的诉讼费用。 被告国网公司辩称:我公司注册的域名，系经中国政府授权的中国互联网络信息中心(CNNIC)依法审查批准注册的，应受法律保护。我公司注册"ikea"主要是准备在因特periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 网上开展语音信箱服务业务，从一九九七年十一月开始，投入大量精力和资金进行长期的策划和品自牌培植。其中"ikea"的含义是"I"和"Kea"的结合，"I"在互联网行业里是代表"Internet"的意思，"Kea"在英文中是一种羽毛漂亮喜欢吃肉，会学人说话的鹦鹉。"鹦鹉学舌"在中国家喻户晓，我公司正是基于鹦鹉和语音的此种联系而注册的。我公司并不知道原告的商标"ikea"，何谈抄袭或模仿,更何况域名和商标是两种完全不同的客体，对商标的保护并不能延伸到域名上。我公司注册了"ikea"域名后，虽然目前尚未经营，但正在筹划开通关于因特网上语音服务方面的业务，与原告的家居业没有任何联系。我公司基于自己的创意注册域名，并不违反法律的规定，原告指控我公司有不正当竞争行为，与事实不符，于法无据，故请求法院依法驳回其全部诉讼请求。 庭审中，原告英特艾基公司主张被告在因特网上注册以"IKEA"为识别标志的域名，不仅会造成中国消费者误认为该域名的所有人periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 系"IKEA"商标的所有人，进而上网查询其所关注的"IKEA"商品或服务，而且会对其他国家的消费者造成同样的误导。原告主张"IKEA"为国际驰名商标，不仅受中国法律的保护，更受中国参加的《保护工业产权巴黎公约》的保护。原告还主张被告注册"ikea"域名的行为对原告的注册商标专用权造成了损害并有继续造成损害的威胁，被告注册数千个域名的事实足以证明，其行为不仅违反了中国域名管理行业的基本立场，还违反了诚实信用之原则，构成了不正当竞争。 庭审中，被告国网公司未否认其注册了数千个域名的事实，但主张域名注册属于行政许可，本案域名取得的结果是因域名批准的具体行政行为产生的，如果该行为存在侵权问题，也是基于行政管理机关所发生的具体行政行为对第三人的侵权，与被告公司无关。如果原告认为域名行政主管机关不履行义务，或者认为该行政机关的行政许可侵害其合法权益，应当提起行政诉讼。被告又重申其所使用的"ikea"域名是自己独特的创意，periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 被告于一九九七年申请注册"ikea"域名时，原告在中国还未开设任何一家专卖店，其在中国市场上并未享有较高的声誉，"IKEA"商标未通过我国工商行政管理局商标局根据《驰名商标认定和管理暂行规定》认定，该商标不属于驰名商标，被告注册"ikea"域名不是恶意注册。同时，被告认为其注册"ikea"域名也不构成对"IKEA"商标专用权的侵害，因为依据《中华人民共和国商标法》的规定，商标专用权的保护范围是商品和服务，并没有将互联网域名列入其中，故域名不属商标专用权的保护范围应是显而易见的，且《保护工业产权巴黎公约》对驰名商标的保护仅限制在他人不得在相同或类似商品上使用与驰名商标相同或近似的商标的范围，并未扩展到域名保护。原告引用《保护工业产权巴黎公约》对驰名商标的保护条款，对本案来说是不合适的。 经审理查明，原告英特艾基公司是注册商标"IKEA"的注册权人，该商标起源于一九四七年瑞典的农场主Ingvar Kampargd的独创设periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 计，"IKEA"是取其姓名的起首字母与其家乡地名Elmtaryd Agunnaryd的起首字母组合形成的。原告已经在美国、英国、法国、德国、瑞典、香港、台湾等九十多个国家和地区的多种商品和服务项目上注册了"IKEA"和IKEA及图形组合商标，该商标注册己有几十年的历史且其法律状态及使用从未间断。原告在世界的二十九个国家和地区已开设有一百五十五家经营家具及家居用品的大型连锁专卖店。一九九八年，世界范围内光顾"IK6A"专卖店的顾客达一亿九千万人。同年，作为国际商标咨询机构的 "INTERBRAND"公司，评估并列举了世界上六十个市场价值上十亿美元商标品牌，"IKEA"商标位列其中，一九九九年，原告在世界范围内投入的"IKEA"商标的宣传和推广费用为三亿七千三百万美元。一九八三年，原告在商品中国分类第十五、五十八类注册了"IKEA"商标，其后，又在商品国际分类第二、八、十一、十六、十八、二十、二十一、二十四、二十五、二十七、二十八、三十五、三十六、三十九、四十一和四十二类商品和periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 服务上分别注册了"IKEA"、IKEA及图形组合 商标和"宜家"商标。一九九八年，原告先后 在上海、北京开设了以"IKEA"为标志的大型 家居专卖店。一九九七年十一月十九日，被 告国网公司在中国互联网络信息中心 (CNNIC)申请注册了"ikea.com.cn"的域 名。庭审中，原告英特艾基公司提出证据证 明被告国网公司除注册了"ikea"域名外，还 注册了amex / bacardi / boss / cartier / dupont / carlsberg / coia / dunhill / hertz / lancome / 1v / marriott / omega / philips / polo / rolex / whisper等世 界知名品牌或商标的域名，且均空置未在互 联网上实际使用。庭审质证中，被告国网公 司提供了四张彩色的设置有"ikea"语音论 坛主页的打印件，但并未提供其他证据证明 该网页下具有符合其主页设置目的的实际 内容。对于原告提供的证据材料，被告未提 供其他的反驳证据。 上述事实，有原告提供的"IKEA"及"宜家"商 标注册证、"ikea com.cn"域名注册资料、 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain INTERBRAND公司在网上公布的世界最具价值商标排名资料、原告在世界部分国家和地区开设"IKEA"专卖店的情况等资料、被告国网公司将其他知名品牌和商标注册为域名的十六件实例;有被告提供的 "ikea.com.cn"域名注册证书、"ikea"语音论坛主页打印件及双方当事人的陈述等在案佐证。 本院认为，法律提倡和保护公平竞争，经营者在市场竞争中应遵循诚实信用的原则，并应遵守公认的商业道德。原告英特艾基公司是"IKEA"的商标注册权人，"IKEA"商标在中国及其他许多国家早已注册，且使用从未间断;长期以来由原告提供的以"IKEA"为标识的商品及服务遍及世界二十九个国家和地区;其巨大的年营业额，使其成为世界上最大的家具零售公司之一;该公司长年投入巨资进行不断的宣传和推广，其商品及服务具有高品质，该商标在世界各国的消费者中已享有较高的知名度及良好的信誉。在中国，"IKEA"商标因大力宣传和推广其独特的经periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 营方式及良好的服务而为相关行业及消费群体所知悉。因此，应认定"IKEA"商标为驰名商标。 被告国网公司注册的域名与原告的注册商标的字母及读音相同。域名从技术上讲是因特网地址的简略形式，随着商业活动在因特网上的发展，域名与商业标识的联系已逐渐紧密。网络技术空间，仍属于人类杜会活动的领域，网络空间的行为是社会行为在新技术上的表现，因此，网络上的商务活动及发生的权利冲突应受到相关法律规范的调整。被告国网公司将原告的"IKEA"驰名商标作为域名使用，易误导广大消费者认为该域名的注册人也是"IKEA"驰名商标的所有人或者与该驰名商标权人有着某种合作关系，进而误认为在该域名内可以查询到"IKEA"商标相关商品的情况，提高了被告国网公司网站的访问率。被告国网公司上述使用方式客观上利用了附着于该驰名商标上的良好商誉。并且由于因特网上域名使用的唯一性，也使得该驰名商标注册权人在因特网上行periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 使该驰名商标权受到妨碍，故应认定被告国网公司的上述行为对该驰名商标权人的商标专用权造成了侵害。被告国网公司虽在该注册域名内设置了语音论坛的主页，但并未按照其所设置主页的目的进行实际使用;且经查证被告国网公司还注册了大量与其他具有一定知名度的商标相同的域名，该大量域名均未被积极使用;被告国网公司作为网络信息咨询的服务者，注册了大量的域名而不积极使用，其待价而沽的非善意注册行为的主观动机十分明显，故被告国网公司的行为违反了公平竞争、诚买信用的基本原则，构成了不正当竞争。 原告英特艾基公司请求法院依法确认并保护其注册商标的实体民事权利，要求被告停止侵权行为，与提供域名注册服务的机构无涉，与之相关的民事权利和义务应受中国的民事法律规范调整。被告国网公司辩称其申请注册并得到域名注册管理机构的准许，本案属行政法律关系，原告应向域名注册管理机构提出请求的主张，缺乏法律依据，本院periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 不予支持。对子被告国网公司所称"ikea"系其独自构思，并投入大量的精力和物力进行策划、进行品牌培植，开展语音信箱服务等一节，因其未能提供证据，本院不予采信。对于被告国网公司所称其注册"ikea"域名的行为并未侵害原告的注册商标专用权，不构成不正当竟争的主张，本院亦不予支持。 综上，被告国网公司将原告"IKEA"驰名商标注册为自己的域名，该行为不仅违反了《中国互联网域名注册暂行管理办法》的有关规定，还有悖〈保护工业产权巴黎公约》的精神和《中华人民共和国反不正当竞争法》的基本原则，侵害了原告作为驰名商标权人的合法权益，其应承担相应的民事法律贵任。因此，被告国网公司不能使用"ike.com.cn" 的域名，该域名注册应予撤销。现依据《中华人民共和国反不正当竞争法》第二条第一款之规定，判决如下: 被告北京国网信息有限责任公司注册的"ikea.com.cn"域名无效，北京国网信息有periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 限责任公司立即停止使用并于本判决生效 后十日内撤销该域名。 案件受理费一千元，由被告北京国网信息有 限责任公司负担(于本判决生效后七日内交 纳)。 如不服本判决，英特艾基系统有限公司可在 判决书送达之日起三十日内，北京国阿信息 有限责任公司可在判决书送达之日起十五 日内，向本院提交上诉状并按对方当事人人 数提交上诉状副本，上诉于北京市高级人民 法院。 审 审判 长 王范武 代 助理审判员 邵明艳 人 人民陪审员 李 虹 二 贰零零零年六月二日 书 书记 员 梁立君 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 【案例7】案情: 一药店共有6名职工，五原告系该药店职工。该药店系集体所有制企业，2003年决定将其所有的资产和经营权由本企业职工竞买。2003年1月26日，药店经理夏某(甲方)与五原告(乙方)达成，载明:“一、乙方志愿与单位解除劳动合同，甲方补贴乙方每人工龄补贴费1.5万元。 二、甲方返还乙方上岗集资款8万元。三、甲方补贴乙方每人1.3万元，计6.5万元，乙方不与甲方抬标。以上三项合计22万元。”协议签订后，夏某共向五原告支付22万元。翮后，五原告中仅有一人做做样子与夏某竞标，最终夏某以15万元的价格获得该药店资产和经营权。 2003年5月27日，该市工商局作出000134号行政处罚决定，认定五原告在该药店竞买中，收受夏某给付的贿赂款，使夏某获得该药店资产和经营权，其行为违反了《反不正当竞争法》第8条、第二十二条之规定，对五原告处以罚金1万元并没收违法periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 所得4.4万元的行政处罚。五原告申请复议被维持，遂于2003年11月28日向法院提起诉讼。 【 【问】本案如何处理, 【案例8】失落的空姐梦 空姐是许多女孩子的梦想，希望自己有一天能翱翔在蓝天上，然而梦想有时不一定就能实现。 李晓洁今年20岁了，家住吉林省吉林市船营区致和街。是个聪明美丽的女孩，自从看了电视上那空姐穿着制服，拉着行李箱，整齐的行走在飞机候机厅以及那在空中甜蜜的笑容，她就暗下决心，这辈子一定要当一名空姐，象鸟一样飞翔在蓝天上，所以，她倍加注意各种空姐的招收消息。 当时招生的人保证如果不能上机就全额退款。让自己感到很有底。 那是2006年4月20日前后，李晓洁从电视上看到长春某学院航空招生的广告，按periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 广告指定地点，她来到吉林市吉林大街的八一大厦，找到了招生办公室报了名。5月8日，她终于与长春某学院成人教育育才工作站(以下简称:育才工作站)签订了空乘人员招生协议，同时交纳学费8900元。两天后，该工作站的工作人员来电活说:你已目测合格。但尚须交上机安置费12万元。并说你交了上机安置费就保证上飞机，如果不能上机就全额退款。 旁白:马上就要上飞机了，李晓洁高兴的蹦了起来，但一想12万元啊～对于一个普通的工人家庭，这可不是个小数字，但为了女儿的未来，李晓洁的父母没有多想，交～ 2006年5月11日，李晓洁按要求，在吉林市从工商银行存入育才工作站负责人刘越刚工行信用卡帐户12万元，李晓洁事后说，当时招生的人保证如果不能上机就全额退款。让自己感到很有底。 不久，李晓洁坐火车来到北京一处标有中国G航空公司的地方进行培训，培训进行了两个月，在培训期间又交食宿教材费5900元，考试费16800元。但有些事让李晓洁产periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 生疑惑，首先是培训居无定所，两个月换了四个地方，其次，教学也极不正规，今天不是要这个钱，明天就是要那个钱，感到就是想方设法要钱。颇有心计的李晓洁决定自己调查一下， 2006年8月，从中国民航管理总局那了解到，国内根本没有中国G航空公司这个单位，也没有航线和飞机。这让李晓洁吃惊不小，由此可见，以前所承诺的空乘和上机都是空谈的骗局。但李晓洁仍抱着一线希望愿这一切都是误解，2006年9月，培训全面停止了，也不能上飞机，因为他们根本就没有飞机，在此情况下，李晓洁要求退款。 旁白:李晓洁要求退款能顺利吗,他能要回自己的钱吗,那可是父母的血汗钱呀～ 钱当时是汇给了育才工作站负责人刘越刚，所以李晓洁首先找到的就是刘越刚，让李晓洁想不到的是，当刘越刚得知李晓洁要求退款时，他把吉、长两市的航空招生办都撤消了，并与李晓洁断绝了任何联系，刘越刚不知去向。原来的G航空公司的领导人也不露面，人走楼空也逃匿不知去向。至此，periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 李晓洁感到事情的严重性，以前所交的钱有可能无处讨要了。 李晓洁向法院提起诉讼，将长春某学院、电视台、吉林省育才经济技术服务中心、刘越刚告上法庭，她说:就是因为相信国家正规的长春某学院的航空招生和国家电视台的广告报道，才导致自己造成经济损失的结果。所以长春某学院和电视台都应该承担不可推卸的民事责任。因为他们的作为都是虚假欺骗的违法共同侵权行为。 刘越刚，男，1963年生，汉族，住长春市朝阳区。刘越刚以长春市育才成人高考辅导学校的名义与长春某学院联合办学，成立育才工作站，李晓洁即与该站签订的招生协议。长春市育才成人高考辅导学校因未参加年检被注销办学资格，而长春市育才成人高考辅导学校的举办者为被告吉林省育才经济技术服务中心，而该中心在1998年底未到工商机关参加年检而被吊销营业执照，该中心的法定代表人就是刘越刚。 【案例9】某医疗器件厂由于经营方式落 后，设备落后，企业的效益较差，为改变periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 现状，厂长王某听说市场上“电子增高器”很畅销，于是让技术员买了两台不同品牌的“电子增高器”，拍技术人员攻关，弄清楚原理后，也开始生产“电子增高器”，定为大地牌。同时在当地,,日报上刊登广告，称:大地牌“电子增高器”是医疗行业研究成果的最新突破，具有世界先进水平，某医科大学著名教授称本产品奇特的效果令人难以置信，其有效率达到94%，本产品还取得了国家专利，专利号为:32567等等。许多消费者纷纷购买大地牌“电子增高器”，适用后，大家都觉得没有广告中是那种效果，有的消费者打电话到某医科大学咨询刘教授该产品的正确使用方法，结果得到的答复是该学校没有此人。于是人们纷纷要求厂家退货，还有的消费者直接向法院提起诉讼，试分析该案。 【案例10】1996年1月下旬，上海肯德 基有限责任公司在上海市电视荧屏及报纸 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 等媒体上刊登了“新年肯德基奇妙时光餐”的促销广告。广告内容如下:“新年到，戴新表，肯德基里吃套餐，就有一块新手表;尝新味，戴新表，肯德基里真热闹，快去快去肯德基，新年戴新表。”在印刷精美的画面上，一只别致的手表非常突出，引人注目;在两只装食物的纸盒旁有两段红色的文字:“A套餐:两块鸡+菜丝沙拉+土豆泥+面包+手表 只要27(50元;B套餐:一块鸡+两块辣鸡翅+菜丝沙拉+土豆泥+手表 只要27(50元”广告海报上还写有几段黑体字:“现在吃A套餐或B套餐就能拥有一只漂亮的奇妙时光表。”“数量有限，售完为止。” 上海肯德基有限公司为此次促销活动共准备了26万块表，原打算从1月30日开始一直延续至2月19日春节。但没想到，广告做出后影响特别大，许多孩子吵着向自己的父母要这块奇妙时光表;爱子心切的上海父母竟在9天之内将24万多份(去除手表损耗)奇妙时光餐抢购一空。但是，有一位为孩子购买了一份奇妙时光餐的母亲在孩子满足地吃着套餐时，心里却算起了套餐的periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 成本。这一算使她产生了疑惑和被骗的不满。她发现这块时光表不是赠送的，成本已打入了套餐价格。于是她向电台投诉„„ 据查，上海肯德基有限公司以7(60元的进货单价向香港一家贸易公司订购了26万只标有KFC字样的手表(手表上再无其他明显标识)，加上媒体广告费、传单费和P(O(P(海报)费等，实际每只手表的成本价是9(09元。套餐中的食物若单买，价格为18(50元。因此，肯德基有限公司未凭此牟利。其实，这批手表的真正产地是广东。 【几种观点】 1、上海肯德基有限公司进行的是正常且成功的促销活动，不存在欺诈。消费者的投诉是无理的。 2、上海肯德基有限公司的行为构成广告欺诈，侵犯了消费者的合法权益，应承担相应的责任。 3、上海肯德基有限公司的行为是搭售行为，但公司并未“强迫”消费者，虽然该行periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 为构成不正当竞争，但并不侵犯消费者权益。 请问:以上观点哪些是正确的? 【案例11】 原告诉称:原告的亲属林志圻在乘坐被告生产的日本三菱吉普车时，因前挡风玻璃在行驶途中突然爆裂而被震伤致猝死。我国法律规定，生产者应当对其生产的产品负责，经营者应当保证其提供的商品或者服务符合保障人身、财产安全的要求。据此请求判令被告对林志圻之死承担责任，给原告赔偿丧葬费、误工费、差旅费、鉴定费、抚恤金、教育费、生活补助费等共计人民币50万元。 被告辩称:经玻璃生产厂家两次鉴定和中华人民共和国国家建材局安全玻璃质量监督检验中心(以下简称国家质检中心)的分析测试，都认为事故车的挡风玻璃是在受到较大外力冲击的情况下爆破的。无论是《中华人民共和国产品质量法》修订后的条periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 款为第四十一条第一款，还是《中华人民共和国消费者权益保护法》第三十五条第二款都规定，产品生产者对消费者承担赔偿责任，要同时具备两个严格的前提条件:第一，必须是产品存在缺陷;第二，必须是因产品存在的缺陷造成人身或财产损害。事实已经证明，发生事故的车辆不存在产品质量问题，也就是说不存在产品缺陷，因此谈不上因产品缺陷造成损害。原告的诉讼请求没有事实根据和法律依据，应当驳回。 事故发生后，被告三菱公司即将破损玻璃封存。随后被告将破损玻璃的照片寄回日本国内玻璃的生产厂家进行鉴定，结论为:判断为受外强力致破损，实验均满足规格要求。车主单位对此不予以认可，要求被告将封存的玻璃交北京中国建筑材料科学研究院国家进出口商检局安全玻璃认可的实验室进行鉴定。但是被告却擅自将玻璃运回国内，交玻璃生产厂家进行鉴定，鉴定结论为:挡风玻璃本身不存在品质不良现象，破损系由外部原因造成。后车主单位要回一点玻璃碎片委托国家质检中心进行鉴定。国家质检periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 中心出具的报告称:"由于所提供的样品是从原吉普车上拆卸后经过多次运输，已经相当破损，无法从上面切取作强度实验所需的试验片。我中心只能结合委托方提供的玻璃破损照片进行推断、分析;从玻璃破碎的塌陷形式看，能够造成此种破坏状态的外力来自外部。 一审法院经审理后认定:《中华人民共和国民法通则》第一百零六条第二款规定:"公民、法人由于过错……侵害他人财产、人身的，应当承担民事责任。"本案查明的事实不能证明被告三菱公司在林志圻死亡问题上有过错，林志圻的死亡与三菱公司无必然的因果关系。原告要求三菱公司赔偿因林志圻死亡所遭受的损失，没有事实根据和法律依据。据此判决:驳回原告要求被告三菱公司赔偿损失人民币50万元的诉讼请求。 【问题】1、一审判决是否正确, 2、若原告不服一审判决上诉,你认为二审法院应如何判决, periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 【案例12】 今年年初，某经营管理中心的部分员工到某县大峡谷风景区团体旅游。到达的当日中午下起了小雨。此团体的部分人员乘坐景区内某滑道公司经营的滑道车下山。因雨水冲刷滑道及滑道车，导致部分滑道车刹车失灵相撞，致使于先生骨折。于先生为此支付医疗费4万余元。不久，于先生以侵权为由将滑道公司告上法庭，并追加提供滑道设备的某设备公司为共同被告，要求二被告对自己遭受的经济损失承担连带责任。 经法院审理查明，滑道公司与设备公司是两个独立法人，滑道公司的滑道设备由设备公司制造并负责安装。法院应当事人申请，委托有资质的鉴定中心对滑道公司的滑道车进行了技术鉴定，确认滑道车是不符合国家的有质量瑕疵的产品。 【问题】:法院应该如何处理该案, periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 「案例13」 原告:赵苏，南京电视台编导。 被告:江苏省南京市汽车联合贸易公司(以下简称汽贸公司)。 2005年12月14日，赵苏为方便生活、工作，私人出资在汽贸公司购买BJ2020SG型北京吉普车一辆，车价55200元，编号为31225.汽贸公司出具给赵苏两张未加盖“南京市工商行政管理局汽车交易市场管理专用章”的发票，并随车附号码为NO0191579的合格证一份和南京后勤部生产管理部使用的车型厂牌为“八闽吉普车”、号码为临548719的临时牌照一张。赵苏开车回家途中发现该车有严重异响。次日，赵苏电话告知汽贸公司车辆有严重质量问题。第三天，赵苏将该车送至北京吉普车特约维修点北京汽车工业联合公司南京特约服务中心(以下简称服务中心)进行检修。服务中心检修后，于当月18日作出该车非北京吉普汽车有限公司生产的情况报告。赵苏得知后，即向汽贸公司提出退车并给付相当于所购汽车价款的赔偿的要求。汽贸公司同意periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 退车，于同月24日以银行存单的形式将车款55200元退给赵苏，并支付了汽车修理费928.44元，但不同意赔偿。为此，赵苏拒绝将汽车钥匙、合格证及临时牌照还给汽贸公司。25日，汽贸公司未经赵苏及服务中心同意，擅自将该车车锁撬开，强行开走，返还给供货方安徽省和县机电设备公司。后赵苏到北京吉普车汽车有限公司法律事务室将汽车合格证送检。送检结果表明，编号为NO0191579的汽车合格证系伪造。同时北京吉普汽车有限公司声明，其未生产过编号为31225的北京吉普车。2006年3月14日，赵苏诉至南京市白下区人民法院，以汽贸公司销售假冒伪劣商品，对消费者有欺诈行为为由，要求根据《消费者权益保护法》第四十九条的规定，判令汽贸公司给付赔偿金55200元，赔偿其赴京鉴定的差旅费1200元和聘请律师的费用，承担案件诉讼费用。 被告汽贸公司答辩称:我方出售给原告的车系代销品，有协议可证明。原告提出退货后已拿到退车款，我方并承担了修理费。但其拒不交出车钥匙及合格证，我方才将车periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 开走。根据代销协议，我方已将车退还给委托方。我方与原告之间买卖车辆的权利义务已完成，请求驳回原告的诉讼请求。 「审判」 南京市白下区人民法院经审理认为:赵苏购车发现质量问题要求退货，汽贸公司已同意退车并支付了退车款，双方之间买卖的权利义务已完成。至于该车是否是伪劣商品，因争议的标的物已转移，赵苏无法举证，不予认定。依照《中华人民共和国民法通则》第五条、《中华人民共和国消费者权益保护法》第五条之规定，于2006年9月26日判决: 驳回赵苏的诉讼请求。 一审判决后，赵苏不服，以原审判决适用法律不当为由，向南京市中级人民法院提起上诉。 汽贸中心未作书面答辩。 二审查明:安徽省和县机电设备公司已撤销，汽车现下落不明。赵苏去北京送检汽车合格证差旅费合计1051.10元，一、二审律师费用合计4400元。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 南京市中级人民法院经公开审理认为:消费者合法权益受法律保护。赵苏私人购买汽车作为代步工具，因该买卖发生的索赔纠纷属《中华人民共和国消费者权益保护法》调整的范畴。汽贸公司将假冒北京吉普车有限公司生产的伪劣汽车出售给赵苏，并提供伪造的合格证及与车不符的临时牌照，售车发票也违反工商行政管理部门的规定，未加盖“南京市工商行政管理局汽车交易市场管理专用章”，其行为已构成欺诈，侵害了消费者赵苏的合法权益。虽然汽贸公司已将车款退还赵苏，但汽贸公司与赵苏之间因买卖假冒伪劣商品产生的索赔权利义务关系并未终结，汽贸公司应承担赔偿赵苏损失的民事责任。一审法院以双方当事人间买卖的权利义务关系已完成，赵苏要求赔偿的证据不足为由，判决驳回赵苏的索赔请求不当。赵苏的上诉请求和理由于法有据，应予支持。依照《中华人民共和国消费者权益保护法》第五条、第四十四条、第四十九条和《中华人民共和国民事诉讼法》第一百五十三条第一款第(二)项之规定，于20077年3月periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 12日作出终审判决: 一、撤销南京市白下区人民法院的一审判决; 二、汽贸公司于本判决生效后10日内赔偿赵苏赔偿金55200元、赴京鉴定的差旅费1051.10元、律师代理费4400元，合计60651.10元。 【案例14】 8岁的小欣业随母亲等一行7人去饭店就餐，期间她与其他两位小朋友一起上卫生间，走出门口，迎面遇上正端着一盆酸菜鱼头汤的服务员周某，发生碰撞，结果服务员端的汤泼了出来，刚好浇在小欣头面部。事后，小欣业共住院治疗16天，花费医疗费2600余元，头面部留有明显痕迹。经法医鉴定，面部3%面积?度烫伤，前额部见较明显色素沉着区，其损伤评定为十级伤残。家长向饭店索赔，因与饭店协商不成，遂向法院起诉，要求被告支付医疗费、误工费、残疾赔偿金等共计9万余元。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 法院最终判令由饭店赔偿小欣业因烫 伤造成损失的60%计54900余元。 [案例15] 某自选商场是北京一家大型的自选超市，1994年1月3日李某(学生)去该超市购物，上午十时，当李某欲从珠宝店出来时，服务员张某挡住了他的去路，张说:"我怀疑你拿了本店的手饰，能否让我看看。"当即遭到李某的断然拒绝，张说:"看你贼眉鼠眼的样子，就知道不是好人，做贼心虚吧～ 张某遂叫保安人员，将李某强拉到保卫室，由超市的女工作人员对李的大衣口袋及裤兜进行检查，没有发现超市的手饰，便放走了李某，李某很气愤，遂于1994年2月，向法院提起了诉讼，声称自选超市侵犯其名誉权与人身自由，要求自选超市公开赔礼道歉，并赔偿李某损失。 [问题] 1( 消费者享有的维护尊 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 严权的含义是什么, 2( 本案中的自选超市是否侵权, 1.甲借用乙的营业执照销售商品，消费者丙从甲雇佣的营业员丁处购买商品时合法权益受 损。消费者丙就其损失请求赔偿的对象是: A.只能是甲 B.只能是乙、甲 C.只能是丁 D.可以 是甲，也可以是乙 2.小周在一家商店选购某电视机时觉得该电视机的款式、质量不合心意，打算离开时，被 该产品的促销员拦住，称小周必须要买一台，否则不允许离开。促销员的行为侵犯了小周 的: A.公平交易权 B.自主选择权 C.受尊重权 D.知 情了解权 3(国《消费者权益保护法》中第一次规定了适用惩罚性赔偿制度的立法例。对下列经营 者的哪一行为，消费者可以依法按其所支付价款的两倍要求经营者赔偿其损失, A(不具备产品应当具备的性能而事先未作说明 B(所售产品包装上未注明出厂日期和保质期 C(谎称某国内私营企业产品为"美国进口原装" D(出售国家明令淘汰的产品 4(下列店堂告示，哪一个没有违反《消费者权益保护法》的规定, A(“本店商品一旦售出概不退换” B(“购买总额在十元以下者，请恕本商场不开发票” C(“钱物请当面点清，否则后果自负” 000元” D(“如售假药，包赔顾客20， 5(某甲喜好品酒，某日花500元向乙商场购茅台酒一瓶，饮后产生种种不适症状，住院治疗共花费1000元。经检验，某甲所购茅台酒为假酒。甲不能以下列哪种方法实现救济,( ) A(主张无效，要求返还500元价款，并依法要求乙赔偿损失 B(要求乙给付真茅台酒一瓶，并赔偿损失 C(依《消费者权益保护法》，要求乙给付相当于价款二倍的罚款，并赔偿损失 D(主张乙违约，要求乙承担违约责任 【案例】1994年7月10日，王某从某食品批发商店购买了30箱啤酒，用卡车将啤酒运回家中，当王某卸货至第25箱时，其中一瓶啤酒突然爆炸，酒瓶碎片飞进王某的左眼，致使王某的左眼秋受伤，后因医治无效，王某左眼失明。王某在运输和搬动啤酒的过程中没有任何过错，于是王某向某商店批发店要求赔偿。但批发店称啤酒瓶的爆炸可能是由于生产厂家生产时因质量不合格所至，自己并没有过错，于是叫王某向厂家索赔，王某遂诉至法院。 人民法院受理此案后，经过认真审理，查明:王某眼睛受伤致残确系因啤酒质量不合格所至，而啤酒又是该食品批发店出售的,因此王某的受伤与啤酒质量瑕疵有因果关系;王某在搬运过程中并没有任何过错,王某有受损害之事实。 【问】 某食品批发商店是否应承担民事责任 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 【案例16】甲有限责任公司的有关情况如下: (1)甲有限责任公司(以下简称"甲公司")由A企业、B企业、C企业共同投资于2006年4月1日成立，注册资本为1000万元，其中A企业认缴的出资为600万元，B企业认缴的出资为300万元，C企业认缴的出资为100万元。根据公司的规定，A企业、B企业、C企业的首次出资额为各自认缴出资额的25%，其余70%的出资在2007年10月1日前缴足。 (2)2006年5月，甲公司为A企业的银行贷款提供担保，该担保事项提交股东会表决时，A企业、C企业赞成，B企业反对，股东会通过了该项决议。 (3)2006年6月，A企业将实际价值100万元的设备作价250万元转让给甲公司，为此，给甲公司造成了150万元的经济损失。 (4)2006年7月，C企业拟将自己的全部出资对外转让给D企业，C企业就其股权转让事项书面periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 通知A企业、B企业征求同意，但A企业、B企业自接到书面通知之日起45日内未予以答复。 (5)2006年8月，乙公司侵犯了甲公司的商标专用权，给甲公司造成了200万元的经济损失。B企业直接向人民法院提起诉讼，要求乙公司赔偿损失。 要求:根据公司法律制度的规定，分别回答以下问题: (1)根据本题要点(1)所提示的内容，指出甲公司章程规定的股东出资期限是否符合法律规定,并说明理由。 (2)根据本题要点(2)所提示的内容，指出甲公司股东会对担保事项的表决有哪些不符合规定之处,并分别说明理由。 (3)根据本题要点(3)所提示的内容，指出A企业的做法是否符合法律规定,并说明理由。 (4)根据本题要点(4)所提示的内容，指出C企业能否转让自己的出资,并说明理由 (5)根据本题要点(5)所提示的内容，指出B企业能否直接向人民法院提起诉讼,并说明理由。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 【案例17】A股份有限公司2000年度有关事项如下: (l)公司召开董事会，通过以下决议: ? 根据经理丙的提名解聘财务负责人甲; ? 决定发行公司债券，责成董事乙准备有关发行文件报送有关部门审批。 (2)该公司注册资本5000万元人民币，2000年度税后利润3000万元。公司自成立以来没有发生亏损，已提取法定公积金累计额为2600万元。公司决定不再提取法定公积金，只提取法定公益金100万元。 (3)公司经理丙将其持有的A公司股份转让给丁;丙还以B公司代理人的身份从事与A公司业务同类的营业活动，从中获得收人2万元。 要求:根据上述情况，回答下列问题: (1)A公司董事会通过的两项决议是否符合我国公司法的规定,说明理由。 (2)A公司不提取法定公积金的做法是否符合我国公司法的规定,说明理由。 (3)公司经理丙将其持有的A公司股份转让给丁是否符合我国公司法的规定,说明理由。 (4)公司经理丙能否以B公司代理人的身份从事与Aperiodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 公司业务同类的营业活动,丙从该营业活动中获得的收入应如何处理, 【案例18】某市侨兴股份有限公司因经营管理不善造成亏损，公司未弥补的亏损达股本的 1/4 ，公司董事长李某决定在 1998 年 4 月 6 日召开临时股东大会，讨论如何解决公司面临的困境。董事长李某在 1998 年 4 月 1 日发出召开 1998 年临时股东大会会议的通知，其内容如下: 为讨论解决本公司面临的亏损问题，凡持有股份 10 万股(含 10 万股)以上的股东直接参加股东大会会议，小股东不必参加股东大会。股东大会如期召开，会议议程为两项: ( 1 )讨论解决公司经营所遇困难的措施。 ( 2 )改选公司监事二人。出席会议的有 90 名股东。经大家讨论，认为目前公司效益太差，无扭亏希望，于是表决解散公司。表决结果， 80 名股东，占出席大会股东表决权 3/5 ，同意解散公司，董事会决议解散公司。会后某小股东认为公司的上述行为侵犯了其合法权益，向人民法院提起诉讼。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain [ 问题 ] 1 (本案中公司召开临时股东大会合法吗,程序有什么问题, 2 (临时股东大会的通知存在什么问题, 3 (临时股东大会的议程合法吗,作出解散公司的决议有效吗, 4 (该小股东的什么权益受到了侵害, 【案例19】2003年5月，原告李江与第三人王海经协商决定共同合伙在纳溪城区经营“夜莺”练歌城。合伙协议约定:“夜莺”练歌城由李江、王海各出资4万元作为合伙资金，工商、税务等部门的相应证照均由王海负责办理，双方共同经营，盈利共享，亏损共担。不久，王海即以个人名义到工商、税务、文化、消防部门办理了经营练歌房需要的相关证照。半年后，因经营不善“夜莺”练歌城出现了严重亏损，李、王二人遂产生矛盾。2004年3月16日，王海趁李华外出办事之机，将“夜莺”练歌城两套豪华periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 音响设备以3万元的价格卖给被告张伍。王海称自己是“夜莺”练歌城的老板，并向张伍出示了工商、税务等部门颁发的证照作为证明。张伍对此深信不疑，遂于当日付清价款后搬走了两套音响设备，两天后李江回来得知此事，遂拿出合伙协议找到张伍，称其所买的两套音响设备系自己与王海共有，王海无权单独处分，要求张伍返还音响设备。三人几次协商未果，李江诉至法院。接收案件后我们产生了如下疑问:张伍能否取得上述音响设备的所有权,对李江的诉讼请求是否予以支持, 【案例20】甲于1998年开办了丁企业，并登记注册为个体工商户，该企业于 2000年被注销，甲也于2002年死亡。甲之子丙于periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 2003年收回一笔属其父开办的丁企业经营期间的债权。事隔不久，乙诉至法院，请求对该笔债权进行分配，理由是丁企业是其和甲合伙开办，并且乙在丁企业担任副经理一职，在合伙企业清算时，由于该债权已作为坏帐处理而未将其纳入财产分配范围，现该债权已实现，故要求对其财产进行分配。乙向法庭提交的证据有丁企业合伙财产分配协议一份和乙曾作为丁企业副经理等的相关证明，丙在诉讼中没有提供其他证据。 【案例21】去年，孙某弟兄俩与万某共同出资20万元(其中万某出资10万元，孙某弟兄俩各5万元)合伙开办一食品超市，具体periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 业务由孙某弟兄俩负责。经营一年多后，该超市便赢利10万元，按照当时的合伙协议，万某分得了5万元的红利，孙某弟兄俩则一人分得2.5万元。弟兄俩见该超市利润丰厚，便以“万某不会经营”为借口，将万某的投资从超市提出，退给万某，并强制将万某从该超市除名，不让万某到超市上班。万某曾多次找孙某弟兄俩质问，都没有结果。 于是他决定到法院起诉孙某弟兄俩，可孙某弟兄俩却说，合伙企业是我们三人的事，你到法院去起诉，是瞎子点灯白费蜡。他们说的对吗,法院能受理此案吗, 【案例22】闽华有限责任公司开办一个子公司，新华公司。注册资金60万元。新华公司从粤东有限责任公司购买一批合金铝建材，价值30万元。依约定，新华公司为粤东有限责任公司开具了一份以新华公司开户银行为付款人的可转让商业汇票。粤东公司为了缓解资金紧张状况，将该汇票背书后转让给天富有限责任公司。天富有限责periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 任公司按期到银行申请承兑，银行以账上无钱为由拒绝承兑付款。天富有限责任公司收到拒付书面证明后，以背书人和出票人为被告，起诉于法院，要求他们承担票据责任。经调查发现，闽华有限责任公司将新华公司资金抽调走，新华公司已经是空壳。 问: 1、追索权的形式要件包括什么, 2、法院应该判决新华公司与粤东有限责任公司承担什么责任,可否追加闽华有限责任公司为共同被告, 【案例23】A银行接受B公司的委托签发了一张金额为8600元人民币的本票，收款人为某电脑公司的经理李某。李某将票据背书转让给了王某。王某将票据金额改写为8.6万元人民币后转让给了C商店，商店又将该票据背书转让给了某供销社。当该供销社向付款银行提示付款时，付款银行以票据上有瑕疵为由退票。 问: (1)涉争的本票是银行本票还是商业本periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 票,为什么, (2)王某改写票据金额的行为，在票据法上叫什么行为,王某应承担哪些责任, (3)如果最后的持票人向前手行使追索权，除王某以外的各位前手替代承担怎样的票据责任,法律依据是什么, 【案例24】2000年3月7日，甲商店同乙公司签订一份彩电购销合同。该合同规定:由乙公司在10日内向甲商店提供彩电100台，共计货款25万元。双方约定以本票进行支付。3月15日，乙公司将100台彩电交付甲商店，甲遂向其开户银行A申请签发银行本票。3月20日，A银行遂发出了出票人、付款人为A银行，收款人为乙公司，票面金额25万元，付款期限为6个月的本票。但由于疏忽，银行工作人员未记载出票日期。甲商店将该本票交付乙公司。后来，乙公司又将该本票背书转让给丙公司。2000年9月4日，丙公司持该本票向A银行提示见票，要求付款。A银行以甲商店存款不足支付为periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 由拒绝付款。丙公司遂以其在约定的提示见票期限内提示见票，从而保证了期追索权为由，向乙公司进行追索。 请问:(1)该本票是否为有效票据, (2)甲本票上关于提示见票期限的约定是否有效, (3)丙公司能否对乙公司进行追索, 【案例25】2008年3月20日，光华沙发厂与某家具销售公司签订了一份价款为50万元的沙发购销合同。合同约定以汇票方式进行结算。3月27日，家具销售公司向光华厂签发了一张票面金额为50万元、到期日为9月27日的汇票。沙发厂根据合同约定发送了沙发，接受了汇票。3月29日，光华沙发厂将汇票背书转让给某皮革厂，该皮革厂又将汇票于5月20日背书转让给某畜牧场，以抵销所欠货款。畜牧厂在该汇票到期日，向家具销售公司的开户银行提示付款，因家具公司在开户行存款不足而遭到退票。畜牧场向皮革厂追索票款，未果。畜牧场遂以票periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 据债务人即出票人家具销售公司、背书人光华沙发厂、皮革厂为被告向法院起诉，要求被告承担连带责任，清偿票款。 请问:法院对此案应如何判决,对原告的诉讼请求法院是否应支持,理由何在, 【案例26】2002年4月1日，李宪中与久安保险公司签订了保险合同，为自己的宝马汽车投保了机动车辆损失险，保险金额为50万元，保险期为1年。李宪中按规定交纳了保险费。保险公司签发了保险单。 2002年9月9日，李宪中投保的宝马汽车突然起火，李宪中立即报警，同时通知保险公司。事后，消防机关作出了“起火原因不明”的结论。 经鉴定，损失45万元。李宪中向保险公司提出索赔，提供了各种单据、报告、证明。 保险公司拒绝赔偿，理由是:“起火原因不明”，不能排除保险条款中写明的除外责任。periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 李宪中不能证明保险事故属于保险责任范围。 【问】本案如何处理, 【案例27】史建华就自己的一辆新捷达轿车向永安保险公司投保全险，在保险合同有效期间，史建华的车辆被后面的车辆追尾，史建华跳下车，发现追尾的是其好朋友常晓芙，遂转怒为笑，称我的车已经保险了，我找永安保险公司赔偿，你就不要管了。 史建华找永安保险公司验了车，然后修车花了4300元，要求永安保险公司赔偿损失。永安保险公司要求史建华告知肇事者的姓名以便行使代位索赔权，但是史建华称肇事者是自己的朋友，已经不要她赔偿了，永安保险公司听说此情况后就拒绝赔偿。 结合以上案例，在此我们讨论一下: 1、史建华是否有权免除肇事者赔偿自己 车辆损失的责任, 2、本案中永安保险公司拒绝赔偿是否有 法律根据, periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 【案例28】张某有配偶李某和儿子张甲，2004年1月，张甲经与张某协商取得其书面同意，为张某办理了人寿保险，期限为三年，张某指定受益人为其妻李某。保险合同约定张某死亡后保险公司一次性向李某支付保险金2万元。2004年4月，张某突感身体不适，经查为肝癌晚期，6月5日，张某死亡。李某根据张某的临终交代，向其子张甲索要保险单，张甲此时才告诉李某:他向同事许某借款1万元，将保险单质押给了许某。李某遂找许某索要保险单，许某则以保险单是质押物为由拒绝返还。李某诉至法院请求许某归还保险单。许某则称，只有李某还他1万元，才能将保险单交出。法院受理后，通知张甲参加诉讼，张甲提出，是他为张某投的人寿保险，保险费也是他交的，2万元的保险金应属张某的遗产，他有权继承其中的1万元用于还债。 问:(1)张甲与保险公司所订立的保险合同效periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 力如何，为什么? (2)李某能否要回保险单，为什么? (3)张甲的主张是否成立，为什么? 【案例29】朱某是一个体户，于2005年7月16日向当地的人寿保险公司投保了一年期的人身意外险，保险金7万元并指定自己的妻子菜某为受益人，同时，朱某还为自己的小货车向当地的财产保险公司投保了车损险，保险金4万元。当年11月4日，朱某驾车进货，途中发生以外，导致车毁人亡。事故发生后，当地人寿保险公司和财产保险公司主动调查事故情况后，分别向菜某支付保险金7万元和4万元。此事被朱某生前一位生意伙伴刘某得知，刘便找到菜某并拿出朱某生前出具的总额为9万元的货款欠条(该欠条真实有效)，要求以其保险金受偿，遭到菜某拒绝，于是刘某向当地人民法院起诉，要求法院判决菜某以其保险金还款。 [问]该案应如何判决, periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 【案例29】蓝天啤酒公司拥有固定资产原值900万元。该公司隶属于该市轻工业局，属占有国家资产的集体所有制企业。有原价70万美元的原西德进口设备，是该市范围内唯一啤酒生产线。公司占地百亩，其中大部分职工具有一定的生产技能。 由于多方面的原因，该公司自建公司以来连年亏损，亏损额高达600万元。及主管部门曾想方设法采取过一系列措施，未果。已累计负债1500万元，仅银行利息每年即需付120万元以上。企业生存无望，职工生活更无着落。该公司向该市中级人民法院提出破产申请。 法院受理后，按《中华人民共和国民事诉讼法》第200条的规定，在规定的期限内通知债权人申报债权。经核定，实际债权人23个，金额1300元，其中有抵押的债权额为97万元，普通债权额为1203万元。劳动保险费8.1万元。 该企业的债权为: periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 应收回债权为81万元，其中不能收回的25万元，实际债权额为56万元。 破产企业的资产评估结果:依照法律规定，由清算组委托某会计师事务所，于1994年10月22日至11月10日，对该公司全部实物清理评估，固定资产净值620万元，存货120万元，土地使用值170万元。总计910万元。 企业欠职工医药费6.3万元;应该支付的税款为6.1元。 【问】破产财产总额为多少,如何分配,清偿率是多少, [案例30]案情简介 G市煤炭(集团)有限责任公司是国有独资企业。2003年，因为经营不善，不能偿还到期债务，向法院申请破产。企业尚存: 1、流动资金70万元。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 2、自有设备，折价120万元。 3、租借的设备，计价18万元。 4、厂房估价90万元，已经抵押给一个债权人。 现在问: 1、该公司是否可以申请破产, 2、租借的设备如何处理,为什么, 3、已经抵押的厂房如何处理,为什么, 4、破产财产包括那些, [案例31]案情简介 斯凯布鲁服装公司是国有企业，因经营不善，已经资不抵债，有意向法院申请破产。聘请你为律师，代理破产中的法律事务。经过一段时间工作后，你掌握了以下情况: 1、斯凯布鲁服装公司系在省工商行政管理局注册登记的公司。 2、斯凯布鲁服装公司欠当地工商银行货款2200万元，贷款时曾提供斯凯布鲁服装公司一套进口生产流水线作抵押，该套设备现值1500万元。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 3、斯凯布鲁服装公司的债权人之一甲公司因追索250万元货款而在一个月前起诉斯凯布鲁服装公司，此案尚在审理中。 4、斯凯布鲁服装公司欠江阴市宏伟机械有限责任公司货款120万元，江阴市宏伟机械有限责任公司欠斯凯布鲁服装公司100万元。 5、斯凯布鲁服装公司资不抵债已达4500万元。 根据以上情况，回答下列问题: 1、斯凯布鲁服装公司如申请破产，应由谁受理, 2、工商银行的2200万元贷款应如何处理, 3、甲公司与斯凯布鲁服装公司之间尚未审结的追索货款之诉应如何处理, 4、应从企业财产中优先拨付的破产费用包括哪些, 5、斯凯布鲁服装公司与江阴市宏伟机械有限责任公司之间的债务关系如何处理, [案例32]案情简介 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 倒淌河大酒店经上级主管部门同意，于2001年3月2日申请宣告破产，在破产程序中债权人纷纷申报债权。 提出如下给付请求: 1、陈教授于2000年5月被该酒店保安人 员殴打致伤，住院治疗8个月，要求赔偿 医疗费8730元。 2、因该酒店歌舞厅从事三陪被查处，市 公安局于2001年2月26日对其做出处罚 决定:罚款1万元，限7日内缴纳。 3、某旅行社与该酒店签订的合同，因酒 店被宣告破产而终止，旅行社要求赔偿由 此造成的损失18000元。 4、该酒店经理以酒店名义借用某公司小 轿车一辆供其亲属使用，现该公司要求返 还。 问: 如果你是清算组成员，你认为哪些能够成为破产债权, 【案例33】某企业是全民所有制，因资不抵债，拟向法院申请破产。聘请你为律师，代理破产中的法律事务。经过一段时间工作periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 后，掌握了以下情况: 1、该企业系在省工商行政管理局注册登 记的工业企业; 2、该企业欠当地工商银行货款2200万元，贷款时曾提供该企业一套进口成套设备作抵押，该套设备现值1500万元; 3、该企业的债权人之一甲公司因追索250万元货款而在一个月前起诉该企业，此案尚在审理中; 4、该企业曾为乙公司向当地建设银行一笔500万元的贷款作为保证人，现乙公司对该笔贷款未予偿还; 5、该企业资不抵债已达4500万元。 根据以上情况，回答下列问题: 1、该企业如申请破产，应由谁受理, 2、工商银行的2200万元贷款应如何处理, 3、甲公司与该企业之间尚未审结的追索货款之诉应如何处理, 4、向人民法院申请破产时，需要向法院提交哪些材料, 5、应从企业财产中优先拨付的破产费用包periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 括哪些, 【案例34】2008年3月，国家某项重点工程发布《招标文件》进行钢材招标。甲物资公司与乙钢铁公司达成合作意向，商定由甲公司代理乙公司的钢材参加此项的钢材投标。在此基础上，甲公司与乙公司依据《招标文件》于2008年4月18日签订一份《钢材供应合同》，约定了钢材的名称、数量、价格等，且约定价格在供货期间保持不变。按《招标文件》约定了供货期间为2008年5月1日至6月30日。合同约定“本合同自签订时间起签字盖章后生效”，同时又约定“合同有效期自甲公司与投标单位正式签订中标合同之日起至2008年6月30日，如果甲公司在投标时没有中标，本合同自行失效作废。”后甲公司中标并收到了招标单位下发的《中标通知书》，而此时恰逢钢材市场价格大幅上涨，乙公司不愿再供应钢材，甲公司无奈放弃了与招标单位签订正式的中标合同，致使投标时交纳的200万投标保证金periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 被没收，造成实际损失。甲公司诉至法院，请求乙公司赔偿投标保证金损失。 【案例35】程某夫妇于2006年7月以15.5万元价格购买了一套商住房，2008年5月，程某做生意急需钱，经他人介绍，程某夫妇将该房屋以17万元价格转卖给姜某。双方商定:姜某预交房款12万元，钥匙交给姜某，两个月后，双方办理过户手续，姜某支付余下的5万元房款。5月16日，姜某支付12万元房款，并搬进房屋居住，6月7日，由于房屋价格上涨，程某要求姜某增加房款。姜某认为已签订书面合同，因此要求程某立即办理房屋过户手续，程某明示若不增加房款就不办理房屋过户手续。7月21日，程某将房屋以18万元价格卖给胡某，并办理了房屋过户手续。将12万元房款返还给姜某，并要求姜某在一星期之内搬出房屋、交回钥匙。为此，姜某一纸诉状递到法院，要求依法解除程某与胡某的房屋买卖合同，保护自己的购买权。 【案例36】]我国有外贸权的甲工厂与日本periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 乙公司于1990年1月1日签订了一份货物买卖合同。合同约定，日本乙公司购买甲工厂生产的一批工艺陶瓷，于1990年9月1日前交货;发生争议通过仲裁解决;另外合同的主要条款，违约责任条款均齐全。合同成立后，甲厂立即组织生产，不料同年7月发生特大涝灾，致使合同无法履行。甲厂于当年7月10日将有关部门证明灾情的文件及无法正常生产的公证材料通知乙公司，要求延迟5个月履行合同。日方于当年8月1日电告甲工厂，因延迟交货供不上市场需求，宣告解除合同。甲方认为日方擅自解除合同，要求其支付违约金，并赔偿损失;日方要求中方支付违约金。1995年4月，甲方向本企业所在地法院起诉。 问:1、本案双方的做法是否合法,为什么,2、本案应该如何解决, 【案例37】张某与某设备公司签订了一份印刷设备买卖合同，约定:该设备价款60万元，合同签订2日后设备运抵张某处，张某受到设备后先支付12万元，剩余48万元每periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 月付款4万元，一年支付完毕。合同签订后，一切照约定进行，直到张某因车祸住院，此时张某已按约支付了10个月货款。一个月后，设备公司向法院提起诉讼，要求解除合同，张某返回设备并赔偿损失。 问:此案该如何审理, 【案例38】1990年3月，某投资公司和某机械公司签订一份借款合同，金额200万美圆，期限4年，年利率10%，专供购买特种零件之用，逾期不还款则罚息2%，并由机械公司上级主管部门机械电子局提供担保。同年4月投资公司按合同约定将200万美圆打入投资公司在工商银行的存款帐户。5月，投资公司与机械公司达成协议，由投资公司出面与香港某公司联系为机械公司联系购买零件事宜，联系妥当后，机械公司委托工行于9月份开出200万美圆信用证给香港公司，不料香港公司无货可供，使得机械公司因缺乏特种零件无法正常生产，造成严重亏损，到1994年2月终因支不抵债申请破产并成立清算委员会，投资公司认为这笔贷款periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 有抵押应提前清偿，清算委员会以机械电子局属国家机关，根据担保法规定不能作为担保人，其担保无效为由，要求投资公司普通债权申请清偿，投资公司于是将机械公司和机械电子局一起告上法庭，要求按合同偿还本金和利息。 机械公司辩称:我公司之所以破产，都是因为投资公司所联系的香港公司未能供应特种零件而导致无法生产所致，在此过程中投资公司没有认真履行义务，负有不可推卸的责任，因此偿还本金和利息的要求难以成立。 [问]:该案应如何审判, 【案例39】高某与梁某是邻居，2008年高某做生意需要本钱，向梁某借款3万元，双方签订书面借款合同，合同载明:高某与2008年4月向梁某借款3万元，于2009年4月底以前还清借款，利息每月7%,后由于高某经营不善，导致亏损，无法还款。2009年6月，梁某向法院起诉，提交借款合同，请求法院判决高某还款。高某应诉后，承认借款一事，但表示无力还债，同时认为梁某periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 有放高利贷之嫌，要求判借款合同无效。 【问】本案如何处理, [案例40] 2006年1月4日，金小姐经房产中介牵线，认识了出售房屋的张先生，1月16日，二人正式签订《房屋买卖合同》，合同约定金小姐以110万元的价格购买张先生位于城东的一套房屋，首付40万元，手续办齐后付余款。金小姐如约付了40万元，但二人在办理房屋过户手续时发生争议，为保证交易顺利进行，金小姐在房产交易中心办理了预告登记，即在金小姐没有撤消该登记以前，张先生不能与金小姐以外的第三人交易该房屋。后二人多次协商未果，于是金小姐起诉至法院，要求解除合同，收回首付款及利息，还有违约金。 法院审理认为，本案中，双方在履行合同过程中都有过错，判决双方终止合同，张先生于判决生效3日内返还首付40万元及利息，但金小姐对此判决不服，而张先生则称自己暂时没有现金返还，但自己现在的住着的房屋市价50万，可以卖房后返还首付，于是金小姐在提起上诉的同时，要求申请诉讼保全，保全对象为张先生居住的房屋。 在该案上诉期间，急需用钱的张先生又为城东的房子找到新的买家，双方很快签订房屋买卖合同，同时，张先生多次催促金小姐撤消预告登记，但金小姐一直没有撤消，使张先生无法与新买家办理过户手续，导致其与新买家解约并支付违约金15万元。张先生对此大为恼火，于是将金小姐告上法庭。 金小姐辩称:自己这么做是因为张先生没有返还40万元的首付，无权要求自己撤消预告登记。 [问]本案如何处理, [案例41]王女士家雇有一保姆李某。一日，王女士2岁的女儿在玩耍时将一条价值数千元的金项链放入一空点心盒里，在小李收拾房间时，王女士将点心盒子递给小李让她丢掉。后小李下楼丢垃圾时，点心盒子摔到地上，掉出项链，于是小李悄悄据为己有。隔天，王女士发现自己的项链丢失后曾询问小李，小李矢口否认，说自己没有见过。 随后小李将这根项链送回乡下给自己的母亲，谎称是自己用工资买的，半年后，小李的母亲进城看望小李，带着金项链，被王女士看见，于是向小李讨要此项链。 [问]王女士能否要回自己的金项链，为什么, 【案例42】黎女从杭州买回一件孔雀蓝真丝连衣裙，价值210元。其男友是一青年画家，他觉得此裙有些单调，便在裙上绘了几朵白玉兰花。画好后，在送给女友的途中顺便买些小吃，不料将裙子遗失。两个月后，黎女在街上偶然发现这件裙子穿在张女身上，于是上前询问，得知此裙是张女的姑妈送其的生日礼物，而姑妈是花260元从做服装生意的熟人王女手中买来的。于是黎女找到王女再三追问，王女承认了是在路上捡到的，据此，黎女要求张女返还连衣裙，遭到拒绝后，将张女、姑妈和王女告上法庭。 【问】该案如何处理, 【案例43】原告王某自家圈养梅花鹿9头。2008年12月8日，一头梅花鹿挤出圈门跑丢，10日被告龚某在自家猪圈发现一头梅花鹿即将其用铁链拴住，原告得知后到龚某家辨认并索要，因当时被告不在家而未成。次日，原告再次索要，龚某提出要原告付其700元报酬，双方发生争执，龚某拒不还鹿。两天后，梅花鹿再次丢失，原告起诉被告要求赔偿损失。 【问】本案如何处理, periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 【案例44】张三在某公园游玩时，丢失手表一块，李四捡到后交给当地公安机关，公安机关发出失物招领公告，期满后仍无人认领，后公安机关依法将此表拍卖，王五在拍卖中买得此表后送给女友雯的父亲(后二人友好分手)。一日，雯爸在超市中购物时，手表被小偷偷走，小偷又将此表低价卖给赵六，赵六不小心将该表遗失，被人捡到后交公安机关，公安机关发出失物招领公告，结果张三、王五、雯爸、赵六都到公安机关认领，主张自己对该表享有所有权。(物权法110条) 问:谁有权向公安机关认领该手表,为什么, 【案例45】甲乙是夫妻，丙丁是丈夫甲的父母，甲有一兄弟辛，妻子乙有母亲戊。甲乙丙丁一起出游，途中发生事故，四人均在事故中遇难，无法确定死亡时间。甲乙共有共同财产10万元，丙丁共有财产20万元，问如何继承, 【案例46】 曹小女远在美国的姑姑早就表示她结婚时将给10000美元作为贺礼。刘贺与曹小女于1989年结婚，1990年姑姑回国，并实现诺言给曹小女10000美元。刘贺与曹periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 小女于1991年生育一女孩刘元。1995年刘贺去广州经商，不久与另外一女子刑丽丽共同生活，从此再未与家人联络。曹小女因女儿年幼自己经常生病生活困难，借债共计1万元。1998年，刘贺因车祸去世，经查，刘贺与刑丽丽有共有财产约3万元，个人财产20万元。另外，刘贺父亲死于1980年，1990年其母也去世，刘贺与弟弟刘折继承了父母遗产，刘贺得到家乡的房屋一套。 【问】(1)刘贺遗产有哪些, (2)刑丽丽可否继承刘贺的财产, (3)如果刘贺生前立有遗嘱，全部遗产给刑丽丽，此遗嘱是否有效, (4)假如刘贺与曹小女结婚后，刘贺之母将一枚祖传的戒指交给刘贺以表祝福，刘贺去广州前曾立下遗嘱将戒指留给曹小女，刘贺去海南后，即将其赠与刑丽丽，问曹小女可否凭遗嘱索回戒指, periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 【案例47】某甲有两子甲文和甲武，甲文有一子甲小文。某甲在公证遗嘱中表示所有遗产由甲文继承。甲文得知后自书遗嘱:自己所有财产留给甲小文，所有从父亲处继承的遗产归弟弟甲武所有。某甲得知后十分感动，在甲文遗嘱下加注“按甲文意思办，但要留给甲小文10万”。 甲文不久去世，某甲也悲伤离世。 问:如何继承, 【案例48】一年逾八旬的老者，为了老有所养，将自已仅有的一套房产数次赠与多个扶养人，留下隐患。老人去世后，最终多个扶养人为得到老人房产，诉至法院。人民法院对该案作出一审判决，判定两位扶养人按照不同比例继承老人的房产。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 现年80多岁的李梅老人无亲生子女，孤身一人，生前有一套位于南昌市青云堂的房屋。其平时的起居生活主要依靠请家政服务员照顾。自2004年8月至2009年3月11日死亡前，李梅先后由刘燕(2004年8月至2007年7月)、曾华(2007年11月至2008年8月)、程红(2008年9月至2008年12月中旬)、刘萍(2008年12月16日至2009年3月11日)四人照顾其平时的生活起居。 2004年9月2日，李梅与刘燕签订了一份《遗赠扶养协议》，该协议约定:李梅的日常饮食起居、生病就医等一切均由刘燕负责。如刘燕完全履行了养老送终的义务，李梅将自己所有的私房一套全部遗赠给刘燕所有。该协议于2004年9月6日经南昌市第二公证处进行了公证。嗣后，刘燕按协议约定照顾李梅老人至2007月底。后因李梅对刘燕为其买墓地未署李梅的名而产生分歧，为此，双方未再按订立的《遗赠扶养协议》的约定履行各自的权利、义务。2007年7月31日李梅向刘燕支付了自2004年8月至2007年7月期间的劳务工资17500元。 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 2008年9月，李梅开始由程红照顾其起居生活，事后因李梅对程红有好感，为此，2008年11月17日，李梅与程红又签订了一份遗赠扶养协议，该协议载明:由程红照顾李梅的生活起居，生老病死。李梅百年之后房屋归程红所有，任何人无权干涉。见证人葛兰在该协议上签了名。协议签订后，程红将李梅接到自己家中生活了一个多月。这期间，程红出资请了方某来自己家中专门照顾李梅。 2008年12月中旬，李梅要求回到自己家中生活。同时，李梅又通过家政服务中心介绍聘用了刘萍照顾自己的起居生活，由李梅向刘萍支付工资，因刘萍对李梅体贴照顾，故李梅又于2009年2月1日、2月7日，分别写下了两份遗书，该遗书载明:“我房产，由刘萍来接管。任何人不得干涉”。后不久李梅病情加重，刘萍在李梅病重住院期间协同李梅原单位、社区居委会进行了照顾护理，李梅于2009年3月11日去世。目前诉争房产暂由刘萍使用管理。现程红认为，其与李梅之间订有《遗赠扶养协议》，且其履periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 行了协议义务，为此，诉至法院，要求继承李梅的全部房产及银行存款等其它财产。 原告程红诉称，我于2008年11月17日与与被继承人李梅签订有《遗赠扶养协议》。被继承人李梅于2009年3月11日晚因病逝世。被告刘萍以被继承人李梅2009年2月7日立有遗书为由，侵占房屋，被告的行为已经严重侵犯了原告的继承权及相关合法权益。请求依法裁决。 第三人刘燕陈述，我与李梅签订的并经过公证机关公证的《遗赠扶养协议》，合法有效，请求依法确认诉争房屋所有权为第三人所有。 被告刘萍辩称，一、原告未按《遗赠扶养协议》的约定，履行对李梅的扶养义务。李梅只与原告共同生活了一个多月就回到了自己家中并通过家政中心聘请了家政服务人员照顾自己的起居生活，故原告无权享有受遗赠的权利;二、第三人刘燕亦未按《遗赠扶养协议》的约定履行对李梅的扶养义务，2007年7月李梅已经以工资形式对李梅的照顾进行了结算，故其无权享有受遗赠的periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job 权利。三、被继承人李梅2009年2月1日、2月7日的遗嘱是其真实意思的表示，合法有效，被告虽然是李梅老人出钱聘请的家政服务人员，但由于被告对身患多种重病的李梅给予了无微不至的照顾而感动了李梅，李梅主动立下遗嘱，将自己的房屋赠与给被告。因此，被告继承李梅的房产，合情、合理、合法。请求驳回原告的诉讼请求。 【审判】 人民法院对该案作出一审判决，判决被继承人李梅房屋由原告程红继承总房产的30%份额，刘萍继承总房产的70%份额。刘燕对李梅的房产不享有继承权。 【案例49】乙幼年丧父,由母亲抚养成人,婚后,与妻子共建瓦房12间.1960年生一子丙.1970年乙死亡.乙母自乙婚后一直与乙的哥哥甲同住,直至1974年病故.1975年乙妻去世.丙即与甲共同生活,乙家12间房被收作公房.1981年落实私房政策时,将12间房发还给甲.现丙要求继承,与甲发生争议.乙夫妇及乙母均未留遗嘱. 【问题】 1,乙死后,房屋应由谁来继承 作为乙的遗产应有几间屋 各继承人应分别继承几间 , 2.乙母去世后,谁有权继承她的房产 各应得几间 , 3.乙妻死后,应遗有多少间房产 由谁继承 , 4.最后,谁对全部房产继承最多 有几间 【案例50】李树纲以打渔为生,有两层楼房一幢,共12间房.其女李玲出嫁多年,常有来往.长子李全喜,用自己经商收入建房4间,自成家庭;李全喜前妻早丧,遗子李山;后妻任平,生子李林.李山是复员军人,为成立小家庭也用复员费购置新房2间,其妻何慧,生女李洁.李树纲的次子李全兴已病故,妻子王氏带儿子李明星另嫁.李树纲有一友宋建曾帮助过李树纲,李树纲想赠与宋建一笔钱,但其未接受. 李树纲即写下字据将自己房屋2间待自己死后赠给宋建的儿子宋明.今年初,李树纲,李全periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain 喜,李山3人出海打渔,遇台风船毁人亡,但各人死亡时间不能确定.丧事完毕,死者亲属们为房 产分割发生纠纷.李玲认为,其兄已死,她是李树纲推一子女,要求继承李树纲的房屋12间;任平 认为,李玲是出嫁女,不能回娘家分房子,她系李树纲的丧偶儿媳,因此房屋应由她和李林继承; 另外她还认为,李山也系其子,他亦有权继承李山房产.何慧不同意他们的,她及李洁均请 求分割遗产,李明星也要求继承遗产.宋明得知受遗赠后3个月来一直未表示态度,但在发生纠 纷时也提出分割遗产要求. 【法律问题] 1,请指出本案的被继承人和遗产,并说明被继承人死亡的先后顺序及认定理由. 2.本案当事人李玲,任平,李林,何慧,李洁,李明星,宋明能否分割遗产,分别说明理由. 【 periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rainpublicity and education to prevent unsafe behavior, an important way to reduce human errors, developed a safety system, including a three-tier education system, ongoing security education systems and special operations personnel safety education system. Therefore, the project has developed a safety inspection system, including routine, periodic, comprehensive, professional four check forms. Safety check adhere to leadership and group ... (2) the worker should have the job skills, be familiar with the types of operation for the safety technology. To elaborate a "workers ' labor protection record card", recorded in a timely manner. 3, the construction organization design of construction organization design of necessary safety measures, the technical manager for review and approval. 4, the operations of the security technology to give the low-down, accept the disclosure should complete the signing procedures. 5, special operations certified special operations personnel must be trained qualified certificates, certificate must be regularly reviewed, shall not be extended, complete the roster. 6 establish regular security checks, security screening system. Clear key parts of hazardous work. Safety inspection record. Risks should be identified for corrective action in a timely manner, fixed, fixed time, fixed measures. 7, team "three posts, one comment" activities, assessment measures are required. 8, accident handling accident files handled as stipulated in the rules of investigation and analysis, reporting, and do a "three no" work. 9, "six-second figure" and construction site safety signs must have a "six-second figure": (1) engineering; (2) the list of construction site management and supervision; (3) fire to defend; (4) production license; (5) construction; (6) to enter the construction site; (7) total construction floor plans. Figure should be uniformly, writing honestly, said clear. Construction sites must have a safety sign. In the main construction sites, job periodically check the security system, check the special process with implementation of the permit system. 5, security responsibilities should be strengthened on the construction site, as well as camp hygiene, food hygiene, public fire safety and other aspects of the work of the management, to prevent all accidents from happening. 6, in the construction area, the signs should be set to minimize the construction of pedestrian interference, pay attention to safety. Truck when seedlings display on the pavement, and ... On. If full of cables, electrical equipment fails, electricians must be responsible for repairs, others may not. Switch and the power switch must be unlocked with special switches. Five important safety process control of construction scheme and special operations (a) safety precautions 1, establish and improve the qualification of safety officer in security organizations and to develop measures of safety management and ensure safe and civilized construction sites at the city level. 2, the construction workers entering the site must be in the three-tier security education, education of up to 100%. Electricians, special operations personnel must be trained, and pass a certificate allowing operation, certificates of up to 100%. 3, Earth excavation to explore underground pipes to prevent the occurrence of accidents, has special monitoring during excavation of Foundation pit situation, preventing collapse hurts. (B) provisional measures 1, strengthen construction management construction management and safety education for construction workers. 2, on-site electrical equipment without passing inspection are not allowed to use electrical equipment should be maintained in normal working condition, no fault runs. 3, electrical equipment erection rain