14 Oct 2008

Damages theory classification

Damages are divided into: an agreement for damages and statutory damages, statutory damages can be broken down into the statutory punitive and compensatory damages statutory damages (actual damage / loss of interest available).

Civil liability for breach of contract, including its primary responsibility to compensate for the basic functions of punishment is exceptional, complementary. If it is not the law specifically provides that the statutory damages, in principle, should be a statutory compensatory damages.

Reference to the law "Contract Law" Section 113 subsection 1: a party to its obligations under the contract or do not meet its obligations under the contract agreed by the parties, to the other side's losses, should be equal to the amount of damages for breach of contract caused by the loss, including the performance of the contract after Benefits, but no more than one party for breach of contract when the contract should be foreseen or unforeseen for breach of contract may result in the loss.

13 Oct 2008

Well-known defense lawyer for the Jia Yang has acquitted the contractor cases

BEIJING, Oct. 13 Xinhua 9:30 today, "Jia Yang case of assaulting a police officer" in the second instance of the Shanghai Municipal Higher People's Court of the Fifth open to the public. The defense lawyer for the Jia Yang Shanghai is well-known criminal lawyer Zhai.



Zhai, Shanghai law firm website information shows that Zhai was born in April 1957. Admitted in 1978 at Shanghai's Fudan University (later incorporated into the Shanghai University) Department of Political Science and Law, law degree by 1983, Shanghai has become the "Cultural Revolution" after the first batch of graduates of the legal profession. After graduating from school teaching, and other co-author of "Concise Guide to the Criminal Law" and as the Shanghai University College of Liberal Arts Faculty of Law, Deputy Head of the Department.



Zhai 1984 from engaging in part-time lawyers, the Shanghai office of the Joint Assistant Director of the law firm, the second director of the reception room. Shanghai in 1989 was named the "Top 10 criminal defense lawyers," and "Tu Jishou Shanghai New Long March." In 1995 to engage in full-time lawyers, in October the same year, with others to set up a "law firm in Shanghai tomorrow," the director of the office. In November 2002 and founded the city's first personal business law firm - Zhai, Shanghai law firm, the director.



It is reported that Zhai is an expert in criminal defense lawyer, has been engaged by the managers of his major criminal and civil cases over 1,000, all over the country. He had been Tsan party to the court "operations around the gunman did not fire the players do not Yun, indomitable fighting hands." Its contractors later acquitted in the case are numerous types of doubt, in 1985, was sentenced for corruption (sentenced to 10 years) imprisonment for the second project of the Ministry of Railways Board engineer Bu Genliang Deputy Ombudsman for acquitted End, the case nationwide sensation.



"Jia Yang case of assaulting a police officer," Zhai before and after contact with three of the Jia Yang, saying that "his mental problems," the court to apply for re-identification of the Jia Yang for mental illness.