思修案例分析（Case study）.docVIP

思修案例分析（Case study） V. case analysis: case 1 1. Constitute infringement. (2) because the components of the general tort is: damage facts objectively, behavior has illegality, illegal behavior and damage the fact there is a causal relationship between, the actor has subjective offence. If the actor has no fault, he is a special civil tort. (8) The fans in that case, joy family businesses, published groupies photo synthesis with the stars offspring photo media without the permission of the stars use their photos, illegal, and cause some damage to the stars, violated the stars image and reputation. (5 points) Case 2. Can terminate the contract, belong to the probation period, and the probation period is illegal. (3) If the term of labor contract is less than three months, the probation period shall not exceed one month. If the term of labor contract is less than one year and less than three years, the probation period shall not exceed two months. The probation period of a labor contract with a fixed term and a fixed term shall not exceed six months. (3) 3. According to article 19 of the labor law, the labor contract shall include the following requirements:   (1) labor contract deadline; (2) work contents; (3) labor protection and working conditions; (4) remuneration for work;   (5) work discipline; (6) conditions for termination of the labor contract; (7) liability for breach of the labor contract. (9) Case 3 1. A certain b was stolen three times in March 2000, the amount was extremely large, but he was under 14 years old at the time, and he was not criminally responsible. (4) 2. A theft twice between b in April 2001, the amount is larger, but according to Chinese criminal law, has reached the age of 14, 16 years old only for intentional homicide, injury cause serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning, and so on eight kinds of crime bear criminal responsibility, so a second miscellaneous theft during 14 only 16 does not c