In the United States, medical malpractice is one of the main business of many law firms, on the one hand, because this kind of case compensation often larger, lawyers are profitable, on the other hand also because medical accidents are common in the United States.According to statistics, despite having the world's most advanced medical technology, the United States each year for medical accidents and death of the patient is still up to 50000 to 80000.
In the United States, medical accident consequence is very serious, the staff will be affected by social condemnation, may lose their jobs, and may even have been jail;The hospital's reputation would be severely affected, the patient will be sharply reduced;But undertake the medical insurance of the insurance company may be loss or even bankruptcy.Therefore, after many hospitals had cases of all sorts of reason to refuse to provide detailed information, conceal the truth, escape the legal responsibility.
Due to the constant exposure of the media and the public pressure, the us government and congress in recent years introduced a lot of law, the patients and their family members' right to know.Now has more than half of the states in legislation to ensure the rights of patients request medical record show.The ownership of the patient case has also gradually transition to the patients, the medical institution has only takes care of the responsibility.Patients as long as you pay a fee unconditionally medical institutions can be required to produce medical record.
In addition, in April 2001, America's department of health and human services announced plans to establish a nationwide online medical accident reporting system.After the completion of the system, all personnel engaged in the work of medical and unit can be through the Internet to the federal government, state government and other relevant agencies to report the relevant situations of the medical accidents, and the public can also read the related information from the Internet at any time.At present, there are at least 18 American states require medical staff in the event of a medical accident, must quote the state transfer.Government every year regularly collecting, provided by the voluntary hospitals for research.
The United States is not set up medical appraisal committee.After the medical accident, the patient usually choose find a lawyer to court.According to statistics, at present the medical malpractice lawsuit compensation by more than 50% of more than $1 million.A few years ago, a hurt by hospital nursing mistakes caused serious head boy got $97 million in damages.Huge damages on the one hand is the compensation loss and pain to the patient, is also the responsibility of doctors and hospitals warning and punishment.But hospitals and doctors I generally do not need to directly out of the money, but by the insurance company to assume the medical liability insurance compensation.But the wool is on sheep's body, in the hospital and the doctor will find in the second year pay insurance premium, their bills at least 5 times higher than the previous year.
Wednesday, June 3, 2015
Theory is based on the disposition of the legal status of husband and wife couple personal property
According to paragraph 1 of article 1365 of the civil code of German, to dispose of all property requires the consent of the other party to agree.On the explanation, the main content is: (1) it is necessary to the consent of the other party agreed to "behavior" includes the following three types: the first is a spouse places burden of their duty of all property behavior;Secondly, spouse without the consent of the other party, one party consent, the obligation of burden dispose of all their property for the implementation of the behavior;The third is to have the dispose of all property meaning other legal behavior.(note: (DE) Dieter Schwab, suzuki (day) lu ", "ド イ ツ family law, and club, 1986, pp. 117-116.)(2) "all property" includes two cases: one is "a spouse places will all property for a second disposition," even if their property is only a single target.(note: Dai Dongxiong: essays on the pro is a method of east university book company, 1988, p. 196.)Secondly, "almost all property", namely "in practice, to protect the marital life, expanding explain the applicable scope, especially on the transactions of real estate registration, to the real property ownership or other property rights is a property of a spouse places the only important, make it to dispose of the property mark, should get the consent of the other".(note: the OLG Kln NJW 1971, s. 2312.) whether the transaction of property belongs to almost all of the property, on the basis of "the value of the transaction property and the value of the remaining property than a" method to determine them.However, how much is the value of trading property constitutes "almost all of the property," there is no conclusion.According to the federal court precedent, if the rest of the small property on the value reached more than 15% of all property, cannot meet the constitutive requirements of article 1365 of the;Dispose of the property on the value reached 85% of the total property value namely.(note: the Family Law in Europe, edited by Carolyn Hamilton and Kate Standley, Butterworths, 1995, p. 175.) according to the general said, in comparison, get treated by trading payment not be considered.(note: (DE) Dieter Schwab, suzuki (day) lu ", "ド イ ツ family law, and club, 1986, p. 118).(3) according to the federal court precedents, in the contract to a third party on the transaction of property is a spouse places all or almost all of the property have a positive cognition, or at least know will lead to the result of the case, 1365 is applied.(note: (DE) Dieter Schwab, suzuki (day) lu ", "ド イ ツ family law, and club, 1986, pp. 119-118.)Based on precedent and by claims on article 1365 of the consent - usually the agree with the other spouse the burden of proof burden.(note: the federal court in civil cases set 43 volumes. Pp. 177-174.)
Swiss law1. The domicile of the disciplinary right of the legal limit to the marriageIn accordance with the According to the Swiss new paragraph 1 of article 169 of the civil law, the spouse is marriage residence (matrimonial home) under the condition of all people, if be sold or mortgage, you must consent to the party.Even if the couple have been separated, the limit still applies.Whether contract to a third person aware of the contract the other party is a married person, which requires the consent of their spouses, the limit still applies.According to the new Swiss civil law article 169, paragraph 2, if a spouse places cannot obtain the consent of the other, or to each other without good reason refuses to agree, the party can be filed for court decisions from the other party's consent.In accordance with the According to a new Swiss the provisions of article 178 of the civil law, if necessary, the court may require the indicate the disciplinary right of the marital residence in the land register is restricted, and make the separate of ownership or common, enjoy the ownership of a spouse places cannot transfer property.(note: the Family Law in Europe, edited by Carolyn Hamilton and Kate Standley, Butterworths, 1995, pp. 523-524.)
Swiss law1. The domicile of the disciplinary right of the legal limit to the marriageIn accordance with the According to the Swiss new paragraph 1 of article 169 of the civil law, the spouse is marriage residence (matrimonial home) under the condition of all people, if be sold or mortgage, you must consent to the party.Even if the couple have been separated, the limit still applies.Whether contract to a third person aware of the contract the other party is a married person, which requires the consent of their spouses, the limit still applies.According to the new Swiss civil law article 169, paragraph 2, if a spouse places cannot obtain the consent of the other, or to each other without good reason refuses to agree, the party can be filed for court decisions from the other party's consent.In accordance with the According to a new Swiss the provisions of article 178 of the civil law, if necessary, the court may require the indicate the disciplinary right of the marital residence in the land register is restricted, and make the separate of ownership or common, enjoy the ownership of a spouse places cannot transfer property.(note: the Family Law in Europe, edited by Carolyn Hamilton and Kate Standley, Butterworths, 1995, pp. 523-524.)
Insurance surprise: the United States, a lawyer for his cigar "fire"
The famous lawyer bought a box of a very rare and expensive cigars, also for cigars insured against fire.As a result, he put the top cigar smokes in a month, also didn't pay insurance premium of a points, put forward to the requirements of the insurance company for compensation.In the complaint, the lawyer said cigar in a series of small damaged in the fire.Results the lawyer to court also win the lawsuit.The judge think when in the judgment, the appeal is very absurd, but the lawyer's hands do have insurance policy, the insurance company agreed to cover that any fire insurance company guarantee compensation, and not explicitly pointed out that what kind of "fire" policy is beyond the scope of
insurance.Therefore, the insurance company must pay for it.Rather than endure long costly appeal process, the insurance company decided to accept the decision, and compensation of $15000 cigars "fire".Is the most wonderful: lawyers after cash, the insurance company immediately report to the police arrested him, on charges of alleged 24 "arson".Because of his previous complaints and testimony, the lawyer immediately to "deliberately destroyed of the insured property" has been convicted on charges, to jail for 24 months, and fined us $24000.
insurance.Therefore, the insurance company must pay for it.Rather than endure long costly appeal process, the insurance company decided to accept the decision, and compensation of $15000 cigars "fire".Is the most wonderful: lawyers after cash, the insurance company immediately report to the police arrested him, on charges of alleged 24 "arson".Because of his previous complaints and testimony, the lawyer immediately to "deliberately destroyed of the insured property" has been convicted on charges, to jail for 24 months, and fined us $24000.
The essence of insurance law of the United States
Recently read the journal of the American academy of fine interpretation of insurance law, the book introduces the origin of insurance law, the basic principle of insurance claims, conclude a contract, take effect, the rights and obligations of the parties, each paper has states, the court of appeal in phase locked case with detailed analysis, give a person with intuitive and profound understanding, case law of Anglo-American law system and continental law system of legal interpretation of the statutes of the case analysis, have very big different, personally, can best embody the case law of Anglo-American law system about human anatomy, legislative field with consummate technique and charm, "insurance law".
The book on the contract, the effect of related problems, binder, policy service, causality (recency), waiver and estoppel related problems caused by the common disputes, grace period is with our country "insurance law" regulation, precedent and theory is different, but the difference is not big, the book describes the "claim of false oath" is not in our country "insurance law" regulation, the legal liability caused by also with our country "insurance law" the legislation original intention is different.
Many U.S. policy regulation, if the insured deliberately concealing important facts related to the loss, or did not disclose significant fact, the policy from the beginning is invalid.Filing a false oath to prove material can be used as the underwriter claim rejection reason.(above) reference book sworn evidence refers to the insurant, the insured to the insurer, court and the jury commitment, guarantee to provide the evidence for the claim of authenticity, validity bear legal responsibility.A U.S. appeals court said: "in the claims investigation phase, the importance of false statements are not see the truth of the outcome, in the future for the purpose of the insured submitted to take depositions is to allow insurance companies to obtain relevant knowledge or information, so as to further investigation, these knowledge or information can also help the company identify the insured liability, as well as the decision should be how to deal with the claim, therefore, as long as the false statement about research progress of the underwriter, can be concluded that it is of great significance."(the above) reference book to understand from the time period, "claims of a false oath" and when the insured is not truthfully inform is not the same, can be understood as a claims not truthfully inform, of course, deliberately submitted false oath documents constitute fraud, and has no intention of or due to the parties' understanding level, belong to negligence.In order to avoid deliberately fraud and negligence, some states went cloth prevent technology rejecting claims act, regulation: "only when the trial can prove fraud by the insured to fraud, the underwriter is misguided.
Insurance contract is a contract of utmost good faith, should truthfully inform through insurance, be or get out of danger, claims the whole process, at present our country "insurance law" only the insured's not truthfully inform regulations is relatively detailed, to manage compensate phase not truthfully inform should bear the legal responsibility seems less attention.Insurance companies in the United States and the court case about the practice of "false oath in claim", provisions in insurance industry, insurance law of China has important reference.
The book on the contract, the effect of related problems, binder, policy service, causality (recency), waiver and estoppel related problems caused by the common disputes, grace period is with our country "insurance law" regulation, precedent and theory is different, but the difference is not big, the book describes the "claim of false oath" is not in our country "insurance law" regulation, the legal liability caused by also with our country "insurance law" the legislation original intention is different.
Many U.S. policy regulation, if the insured deliberately concealing important facts related to the loss, or did not disclose significant fact, the policy from the beginning is invalid.Filing a false oath to prove material can be used as the underwriter claim rejection reason.(above) reference book sworn evidence refers to the insurant, the insured to the insurer, court and the jury commitment, guarantee to provide the evidence for the claim of authenticity, validity bear legal responsibility.A U.S. appeals court said: "in the claims investigation phase, the importance of false statements are not see the truth of the outcome, in the future for the purpose of the insured submitted to take depositions is to allow insurance companies to obtain relevant knowledge or information, so as to further investigation, these knowledge or information can also help the company identify the insured liability, as well as the decision should be how to deal with the claim, therefore, as long as the false statement about research progress of the underwriter, can be concluded that it is of great significance."(the above) reference book to understand from the time period, "claims of a false oath" and when the insured is not truthfully inform is not the same, can be understood as a claims not truthfully inform, of course, deliberately submitted false oath documents constitute fraud, and has no intention of or due to the parties' understanding level, belong to negligence.In order to avoid deliberately fraud and negligence, some states went cloth prevent technology rejecting claims act, regulation: "only when the trial can prove fraud by the insured to fraud, the underwriter is misguided.
Insurance contract is a contract of utmost good faith, should truthfully inform through insurance, be or get out of danger, claims the whole process, at present our country "insurance law" only the insured's not truthfully inform regulations is relatively detailed, to manage compensate phase not truthfully inform should bear the legal responsibility seems less attention.Insurance companies in the United States and the court case about the practice of "false oath in claim", provisions in insurance industry, insurance law of China has important reference.
U.S. immigration lawyer authority: EB - 5 green card can be awarded in a year
The EB - 5 investment immigration legislation drafters, the authority of the United States immigration lawyer Lincoln Stone at the invitation of lian hon immigrants came to guangzhou, accepted our reporter's interview.EB - 5 items of type "hotel for hotel guests created employment cost is recognized by the United States citizenship and immigration services," the question, Lincoln tells a reporter, at present the hotel EB - 5 projects tourist spending review relaxed employment method.This means that the hotel project can provide more employment opportunities for more immigrants ", please.But the premise is the hotel in the local is very scarce, allowed to use this easy calculation of employment.
Lincoln, points out that since the "Chicago convention center project" after the outbreak of fraud, the American government is continuing to perfect the multi-sectoral multiple regulation of EB - 5 project review, project of EB - 5 investment immigration Gold to raise and use compliance investigation, strengthen supervision.Among them the SFC committee has begun to survey area of the center, and through the law firm sent a summons to eight regional centers
EB - 5 investment immigration requirements investors to invest $500000 in the United States to the designated regional center, and create at least 10 full-time jobs."Jobs" is enough to create the applicant will be conditions of managed to get a green card.According to introducing, in view of the hotel before EB - 5 projects outside the hotel the extra cost of hotel guests (such as in the cinema, shopping centers, car parks, museums and other places of consumption) have created jobs, is not recognized by the us immigration, now the American immigration review relaxed, as long as the hotel is very scarce in the local, can pull the local consumption, can admit these jobs.Lincoln, he recently participated in two hotels of employment index has been successfully approved, which means that the hotel industry EB - 5 projects can create more job opportunities to investors.
U.S. immigration review is focused on EB - 5 job analysis report of the project, there are some EB - 5 projects rejected reason lies in the fact that could create employment situation is not as described as ideal job analysis report.So the employment analysis report to describe the employment situation of conservative easily approved, exaggerated will only make the United States citizenship and immigration services.
In 2013 is undoubtedly the EB - 5 investment immigrant "golden years" : the actual new fiscal year the United States citizenship and immigration services receive EB - 5 application case within 7000, and the national visa center for fiscal 2013 issued a total of 8567 pieces of EB - 5 investment immigrant visa.EB - 5 regional center for investment in the United States immigration bill issued 10 anniversary of EB - 5 investment immigration program whether it is a new application number, conclude the number, or the actual approval issued by the EB - 5 number of immigrant visas record highs.By or shut down the federal investment in Canada and the United States investment immigrant advantages factors, such as the United States in 2014 EB - 5 investment immigration will continue to fire explosion.
It is understood that at present, the United States citizenship and immigration services have set up new office in Washington.As of February 14, 2014, all of the I - 526 (the temporary green card, valid for 2 years) and I - 924 case (to become investment immigration approval to the center of the project area) of the trial has been transferred to the service center in Washington, and the other part is to remain in the California service center.United States citizenship and immigration services statement, now I - 526 and I - 829 (U.S. permanent green card) is the average processing time for 11 months.According to reporter understanding, the California service center I - 526 approval before time to 18 months.
Lincoln, points out that since the "Chicago convention center project" after the outbreak of fraud, the American government is continuing to perfect the multi-sectoral multiple regulation of EB - 5 project review, project of EB - 5 investment immigration Gold to raise and use compliance investigation, strengthen supervision.Among them the SFC committee has begun to survey area of the center, and through the law firm sent a summons to eight regional centers
EB - 5 investment immigration requirements investors to invest $500000 in the United States to the designated regional center, and create at least 10 full-time jobs."Jobs" is enough to create the applicant will be conditions of managed to get a green card.According to introducing, in view of the hotel before EB - 5 projects outside the hotel the extra cost of hotel guests (such as in the cinema, shopping centers, car parks, museums and other places of consumption) have created jobs, is not recognized by the us immigration, now the American immigration review relaxed, as long as the hotel is very scarce in the local, can pull the local consumption, can admit these jobs.Lincoln, he recently participated in two hotels of employment index has been successfully approved, which means that the hotel industry EB - 5 projects can create more job opportunities to investors.
U.S. immigration review is focused on EB - 5 job analysis report of the project, there are some EB - 5 projects rejected reason lies in the fact that could create employment situation is not as described as ideal job analysis report.So the employment analysis report to describe the employment situation of conservative easily approved, exaggerated will only make the United States citizenship and immigration services.
In 2013 is undoubtedly the EB - 5 investment immigrant "golden years" : the actual new fiscal year the United States citizenship and immigration services receive EB - 5 application case within 7000, and the national visa center for fiscal 2013 issued a total of 8567 pieces of EB - 5 investment immigrant visa.EB - 5 regional center for investment in the United States immigration bill issued 10 anniversary of EB - 5 investment immigration program whether it is a new application number, conclude the number, or the actual approval issued by the EB - 5 number of immigrant visas record highs.By or shut down the federal investment in Canada and the United States investment immigrant advantages factors, such as the United States in 2014 EB - 5 investment immigration will continue to fire explosion.
It is understood that at present, the United States citizenship and immigration services have set up new office in Washington.As of February 14, 2014, all of the I - 526 (the temporary green card, valid for 2 years) and I - 924 case (to become investment immigration approval to the center of the project area) of the trial has been transferred to the service center in Washington, and the other part is to remain in the California service center.United States citizenship and immigration services statement, now I - 526 and I - 829 (U.S. permanent green card) is the average processing time for 11 months.According to reporter understanding, the California service center I - 526 approval before time to 18 months.
American professional lawyer's vows
American professional lawyer's vows
Firstly, I will keep in mind the law practice is one of my career, and would like to put to the practice of law to make a living meaning in professional sense.
Second, I will be in your own words and deeds to fully respect the law and legal system in our country.
Three, I will remember my service responsibility, like court personnel and personal rights activists.
Four, I will take time and energy contribution to the public service, public education and charity, and provide public legal services to the area.
Five, I will work with other participants in the legal system, including judges, other lawyers and other professional roles with oneself is different, so as to promote China's legal system more complete and efficient.
Six, I will be quick and capable to dealing with legal affairs.
Seven, I will try to resolve the dispute through mediation.
Eight, I will make a influence on the decisions of the principal to ensure that they know.
Ten, I will pursue and maintain skilled in practice.
11, I will be courteous treatment in the process of work in contact with the people.
12, I will exalt himself permissions of the spirit of the rules of professional conduct can be optimal or codes, intention and requirements, and also respect others.
Firstly, I will keep in mind the law practice is one of my career, and would like to put to the practice of law to make a living meaning in professional sense.
Second, I will be in your own words and deeds to fully respect the law and legal system in our country.
Three, I will remember my service responsibility, like court personnel and personal rights activists.
Four, I will take time and energy contribution to the public service, public education and charity, and provide public legal services to the area.
Five, I will work with other participants in the legal system, including judges, other lawyers and other professional roles with oneself is different, so as to promote China's legal system more complete and efficient.
Six, I will be quick and capable to dealing with legal affairs.
Seven, I will try to resolve the dispute through mediation.
Eight, I will make a influence on the decisions of the principal to ensure that they know.
Ten, I will pursue and maintain skilled in practice.
11, I will be courteous treatment in the process of work in contact with the people.
12, I will exalt himself permissions of the spirit of the rules of professional conduct can be optimal or codes, intention and requirements, and also respect others.
The development of the institution of marriage in the United States
The various States in the United States of America (English: United States of America), after stand alone is generally adopted fault system of divorce.When the court ruled that a relatively more divorce reason including adultery, abandonment, abuse, was in prison for criminal offences, general provisions confinement period in more than five years or five years.At the same time There are defense divorce origin restrictions on divorce, as long as there is forgiveness, indulgence, counterclaim, collusion, justifications, one of the court is not a divorce.
Until after world war ii in the sixties and seventies of the 20th century, the United States a series of significant revolution "divorce", states have a wide range of reform of the divorce law, gradually established in the legislation in fault of no-fault divorce system replaced the traditional system of divorce.
California in the United States in New York state under the influence of the divorce law reform, first of all, in 1969 passed the family act of establishing the system of no fault divorce.In the article 4506 of the family act provided for two reasons: (1) the divorce can't cure mental illness;(2) the irreconcilable conflict.The law abolished the fault divorce, with the disintegration of "marriage" lawsuit instead of divorce proceedings.
In 1970, the United States, a unified national legal council unanimously passed the unified marriage, divorce law, confirmed the irreparable rupture "marriage" as the sole reason for divorce.
Until 1985, all U.S. states have abandoned the purely the fault of the system of divorce, no-fault divorce system occupies the dominant position in the United States.
Until after world war ii in the sixties and seventies of the 20th century, the United States a series of significant revolution "divorce", states have a wide range of reform of the divorce law, gradually established in the legislation in fault of no-fault divorce system replaced the traditional system of divorce.
California in the United States in New York state under the influence of the divorce law reform, first of all, in 1969 passed the family act of establishing the system of no fault divorce.In the article 4506 of the family act provided for two reasons: (1) the divorce can't cure mental illness;(2) the irreconcilable conflict.The law abolished the fault divorce, with the disintegration of "marriage" lawsuit instead of divorce proceedings.
In 1970, the United States, a unified national legal council unanimously passed the unified marriage, divorce law, confirmed the irreparable rupture "marriage" as the sole reason for divorce.
Until 1985, all U.S. states have abandoned the purely the fault of the system of divorce, no-fault divorce system occupies the dominant position in the United States.
Subscribe to:
Posts (Atom)