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the development of a relationship.

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Started 10 years ago by plaod7515403

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The picture shows the "rule of law over the weekend" January 9, 2013 on another story Lily network screenshot Female master sued Lily network initiated legal dispute When Lily and Xiao Yu contract dispute has not been in the sentencing, his lawyers once again came to the court, there is no fault caused the party "rights" have been violated trying to sue Lily Lily again, but has not been placed on file. Tort Liability Act expressly support the spirit of damages, but in the civil rights enumerated protected and there is no such words "sexual rights" The rule of law Weekend reporter Jiao Hongyan This year 38-year-old Xiao-yu (a pseudonym) in October 2010 by Lily met Jiang Haifeng, two per capita "integrity Member" Lily network. Jiang Haifeng claimed Tsinghua University graduate, Department of Finance,nike air max pas cher, worked at SAC, chairman of the board of a listed company, single. They recognized exchanges for some time, the development of a relationship. But when Xiao Yu was six months pregnant Shique surprised to discover, Jiang Haifeng Lily network information in addition to gender and name outside are false. Jiang Haifeng is only a secondary education of farmers, and married. Xiao-yu followed by the police,canada goose pas cher,http://bamboo.wao.or.jp/~haitaman/cgi/aska.cgi?mode=resmsg&no=3383%22, Jiang Haifeng was jailed for fraud. In March this year, Xiao-yu general registered member sued Lily, Lily asked the court to sentence the registration provisions of the "marital status temporarily unable to verify" the agreement is invalid. When this case has not yet sentenced, the attorney Xiaoyu again at fault caused the party "rights" have been violated Chaoyang District Court, trying to sue Lily Lily network again. But the court of "non bis in idem" refused the filing of the application Xiaoyu. Reporters learned that the Tort Liability Act expressly support the spirit of damages, but in the civil rights enumerated protected and there is no such words "sexual rights." Internet dating is increasingly common in today, how to look at the dating site as a responsibility of the media, how to protect the legal rights and interests of both friends and experts also have their own views. Female master deceived Lily network Xiao-yu in 2009, came into contact with dating websites - Lily network and register as members, paid a service fee. A year later, Xiao Yu received Jiang Haifeng contact information. Chiang website data show is the "three-star member of honesty", born in 1978,http://www.kansaikai.jp/bbs/light.cgi?res=9628, Jiangsu Province, graduated from the "Tsinghua University, Department of Finance," had "worked at SAC" and "Chairman of the Board of a listed company." Of course, still single. Xiao-yu said Lily network self-proclaimed "Chinese Marriage Network real name," she began Lily network is also based on trust and Jiang Haifeng contacts. Contacts beginning, Xiao-yu is quite careful, she inquired about Jiang Haifeng said that listed companies and found that indeed there was a large shareholder called Jiang Haifeng, but also Jiangsu. During the exchanges, Jiang Haifeng, chairman of a company with the name of a factory and talk business, everyone called him General Chiang. This deepened Xiaoyu trust in him. June 2011, Xiao-yu discovered she was pregnant. Jiang Haifeng not only did not reject the child, but often to comfort her, "gave birth to a child, let's get married." But after that, Jiang Haifeng leaving more and more time, contact less,woolrich outlet, and for various reasons perfunctory her. October 2011, Jiang Haifeng Xiao-yu came home, she found the door the first time Jiang Haifeng actual age than his 10-year-old said little, and is a secondary education. Xiao Yu has arrived that listed companies Jiang Haifeng any "chairman", but was told that Jiang Haifeng shareholders not she knew that Jiang Haifeng. Desperate Xiaoyu selected alarm. Jiang Haifeng XingJu. After the alarm Xiao Yu had received a telephone ladies, one of whom was the wife of Jiang Haifeng, is recognized on the network, and does not know the true identity of Jiang Haifeng. Another woman with Xiao-yu had similar experiences. Xiao-yu said that Jiang Haifeng use online dating to deceive many people. Moreover, in the course of their exchanges, Jiang Haifeng to invest on behalf of the grounds, from where Xiaoyu took more than ten million, other women have cheated this experience. Now, Xiao Yu has been giving birth to children and raise their own, she does not mention the father's name. Lily network of responsibility Xiao-yu register as a member after Lily network, it has to pay three times as the "Crystal Lily members." Xiao-yu originally sued Lily compensation for economic loss of 50 million. But before the hearing, she submitted a "change application claims", he withdrew the claim for compensation of 50 million, only asked the court to terms Lily network service "Marriage can not verify the information currently temporarily" the agreement is invalid. "My client to sue the general registered member Lily network, temporarily waive financial compensation, is to give more people a warning." Xiaoyu's attorney, Beijing Wei Heng Law Firm Yachao Hao believes that verification of marital status members lily network is the most basic responsibility. Contract Law Article 40 states: the party supplying exempt its responsibilities, adding other responsibilities, to exclude the other main rights of the clause is invalid. Hao Yachao lawyers believe that the case is both paid service contract marriage relationship, even though Xiao-yu pay, Lily network to provide specific services, however,http://store.shopping.yahoo.co.jp/juraice/ch106ep.html, should be the basis for all services: These members are single. "Married people should be strictly prohibited on the dating sites 'contraband', like I said, to the store to buy food, the store said, 'the sale of goods if they contain highly toxic substances temporarily unable to verify', the disclaimer can effectively do? As a business provide standards of food standards of food is the most important contractual obligations. "Hao said the lawyer. Lily network agents argued that China has yet to establish the marriage registration database without opening individual marital status query channel, Lily network has no power to the civil authorities for the verification of marital status. Therefore, the "marriage temporarily unable to verify the information," the objective is to describe the current state. Professor Yang Lixin, director of Civil and Commercial Law Science Research Center of Renmin University of China believes that in this case, Lily can not shirk its responsibility to provide its single members bear the brunt of responsibility, "marital status temporarily unable to verify" should be invalid provisions, Xiao-yu lily can sue both under contract law to be in accordance with the "Consumer law" to prosecute lily network. "Since the operation is to give matchmaking business, then there must be a single member, even if you can not do this, you should close the door. Not closed, encounter such things deserve compensation." Yang Lixin said. Research Center Director Professor Sui Pengsheng Contract Law China University of Political Science at the time of acceptance of the rule of law Weekend reporter,http://www.66u.kr/forum.php?mod=viewthread&tid=2627273, said: "Our Marriages no uniform registration network system, it is difficult to say that the registration provisions Lily network is invalid Also, similar to dating sites. intermediary, the intermediary should be applied to the contract. contract law Article 425 stipulates that 'the broker intentionally concealed important facts and conclusion of the contract or supplying false information, harm the interests of the client shall be required to pay any remuneration and shall be liable for damages' but lily does not seem to exist if there is no intentional concealment 'intentionally concealed', generally do not think it should be liable for damages, but it is not absolute except intermediary contract, there is a commission contract contract law section 406 provides that:... paid commission contract due to the fault of the trustee to the loss of the principal, the principal may claim damages. this case applies to both intermediary contract but also for the commission contract, but I think, there is no adequate cause network introduced between Seeking pregnant with the parties relationship dating site only provides information, in the absence of marriage, sexual relations Moreover, under the premise of voluntary, or even pregnancy, can not be directly identified as the responsibility of the site. " Renmin University of China Law School Professor Zhang Xinbao weekend in an interview with reporters, said the rule of law,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=101&page=1, Lily is the result of the license to operate the business sector dating site. In addition, the Civil Affairs Bureau of Foreign countries such bodies do not provide information on citizens' marital status, Lily network can not this information is not to get adopted,http://bronestlyonnais.fr/spip.php?article36, but there is no legal way to obtain this information, so there are two conditions, although he also tends to void the clause, but legally he considered valid. Professor Zhang Xinbao think, the next should consider how to improve the problem, Lily network should consult the Civil Affairs Bureau, attempt to find a properly verified channels. "Sexual rights" have been infringed encounter difficulty filing When Xiao Yu and Lily network contract disputes are not at the sentencing, lawyer Hao Yachao again to the Chaoyang District Court, there is a fault caused by trying to use their clients' rights have been infringed Lily Lily sued again apply for compensation for moral damage. According to Hao Yachao, the reason for taking such a litigation strategy, inspired by the Chaoyang District Court has handed down along with additional cases. Two cases similar cause of action. Ms. Lily Lee online marriage recognized. Lee often appeared with her in front of friends and take her back to his home, the home of the parents, relatives also expressed the hope that they can get married as soon as possible, all to conceal the fact that Lee married. After both cohabitation and lead to a lady pregnant. Abortion after Ms Lee repeatedly urged to marry, married Lee admitted the fact. Leaving Lee, Lee actually continue on the Internet with a single name of a lady after marriage under great harm. Ms. Lee sued to require compensation for moral damage. Chaoyang District Court in accordance with relevant provisions of the Tort Liability Act that Lee violated the rights of Ms. general personality under the decree Ms Lee 150,000 yuan compensation for mental damages. This is Beijing's first case of infringement of rights. Professor Zhang Xinbao believe that civil rights law tort liability listed and no "sexual rights" to sexual rights Chaoyang District Court's judgment has been compromised by improper compensation. Ms. Yu's case the trial judge Sun Qi in an interview with the rule of law Weekend reporter, said: "The civil law does not establish rights such a term, but civil law definition of the rights of use are summarized formula plus column type." Supreme People's Court explanation of the determination of tort spiritual damage compensation of responsibility "to define the personality right down to the right to health, reputation,piumini woolrich, etc. in addition they talked about if the violation of public order and good morals of society, public morality and caused other damage, it should be compensated we are determined based on such a general formula discusses the infringement. in addition, although the rights of the term does not appear in the law, but we believe that rights should belong to the personal rights of citizens. sanction on sexual rights in criminal cases involving relatively common, such as cases involving rape, indecent assault, but in civil cases is relatively small with respect to this action. we do not deny sexual rights is the right kind of personality. Moreover, this should be above personal interests of property rights. we have this judgment We hope to have a public warning significance: when rights are being infringed, the court will be justice for the victims. " Professor Yang Lixin believes that after the civil rights of the Tort Liability Act specifically listed in the "other" word,http://miken.room.ne.jp/~abug/cgi-bin2/apeboard.cgi?command=read_message&ms/, and rights can be attributed to personality rights, personality rights should belong to the civil rights and interests protected. "Germany has a special civil code provisions by means of deception to lure young women cohabiting unmarried pregnant or production, to compensate for our country civil law does not provide for sexual rights belong to personality rights,http://gifu.awa-nav.com, but we think in an academic." The Supreme People Court of Justice on the determination of tort liability spiritual damage compensation of the interpretation of "clearly belong to the right to human dignity personality rights, I think it can be summed up this content, Chaoyang District Court on the case of infringement of the rights of the judgment I think there is no problem." Sun Qi judge rule of law Weekend reporter, said: "We believe the plaintiffs have done Ms bounden duty review, the defendant Lee married long to conceal the fact that malice can also be found on this deception plaintiff claimed played a dispositive direct role, so we think infringement exists, already belongs to the scope of the law can be punished. " And Ms. different, Xiaoyu was sued Lily network. "Jiang Haifeng was said to be on behalf of defrauded money has been invested in processing criminal judgments, belong to the money, the offender Jiang Haifeng has ordered restitution. Despite its inability to compensation, but petitioned Lily network jointly and severally liable for this is clearly no legal basis according to the Chaoyang District Court prior jurisprudence, cohabitation of unmarried women married men cheat, women constituted under general personality rights violations, will support the spirit of damages, so the case if the contract disputes to prosecute because of a contract dispute does not support the spirit of damages, compensation for damages only - but the loss in this case Xiaoyu also difficult to measure, children, child-rearing costs can constitute a loss this is certainly controversial, so if sue for compensation,hogan rebel, can only rely on? compensation for moral damage. "Hao Yachao lawyer explained. But the filing does not progress very smoothly. Chaoyang District Court bis in idem refused to Xiao-yu the case and the proposed increase in the original claims joinder of proceedings. But the judge held that the appeal is before a contract dispute, and this is infringement, different cause of action can not be merged. Yachao Hao told reporters that the party Xiao-yu residence in Shanghai, they also try to Shanghai on file, but was refused on the grounds that infringement proceedings should be in the infringement occurred or where the defendant's residence. Professor Yang Lixin believes should Chaoyang District Court filing. "It does not belong to the non bis in idem, the two demands. How after filing process can be tried in combination." As the case is being heard in the Xiao-yu, Sun Qi said that as a judge he was not the case, so the inconvenience to say, since the defendant was Lily, how the final decision will have to see evidence of the situation. Sun Qi said that based on the magnitude of such cases is relatively large, they will also consider the issue of a Lily network intended to guide and restrain judicial proposal, urging review of some of the sites do more formal, more in order to remove false information. She also suggested that evidence can retain more friends through the network of citizens in the process of interaction, in order to better protect their interests in the future when there is a dispute. (Edit: SN010) 

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