Civil appeal

Civil appeal

Plaintiff: Chen Fengfeng, lawyer of Sichuan Law Firm (China Fan, hereinafter referred to as Plaintiff).

Address: Chengdu, Sichuan, China Tel: * * * *

Defendant: China National Men's Football Team (hereinafter referred to as "Defendant").

Address: Dongjiu Building, No.0/2-10, Xinyuan East District, Lv Jing, Chongwen District, Beijing.

Legal Representative: Gao Hongbo Position: Coach in charge.

Cause of action: contract dispute

Claim: 1, requesting the defendant to enter the first World Cup and the top 8;

2. Request the defendant to bring the passion and happiness of China football to the plaintiff;

3. Request the defendant to bear the legal costs and other related expenses of this case.

Facts and reasons:

Defendant 1924 was established, 193 1 joined FIFA, 1958 withdrew, 1979 rejoined. Since 1976, the defendant has participated in the Asian Cup for nine consecutive times. 1984 and 2004 reached the finals twice, but both times came back with hatred. Defendant made his first World Cup debut in Korea and Japan in 2002, but lost all three games and lost nine goals, only because the Saudi national football team lost all three games in another group and lost 12 goals, avoiding being at the bottom of the top 32. The defendant has only qualified once in the Asian World Cup qualifier. After the defendant was founded, he was obliged to enter the World Cup, bringing passion and happiness to the plaintiff, but the defendant did not fulfill his obligation seriously.

Football is very popular in China, especially the President, Hu Jintao and other party and state leaders have been concerned about the development of football in China for many times. Therefore, any achievement and victory of the defendant will be regarded as the pride of the country. About 30 million spectators watched the China World Cup in 2002.

Needless to say, we can't play the World Cup. Moreover, gambling, match-fixing, black whistle and the poor performance of the defendant have made this sport a laughing stock of China fans who are less and less concerned about football, and it has also become a problem that the government is paying more and more attention to. Finally, Nan Yong, director of China Football Management Center, and Yang Yimin, deputy director, were dismissed for corruption and arrested by the police. According to official media reports, the two men were found guilty of accepting bribes, and the maximum penalty was death. The neighboring friendly South Korea team has only participated in the World Cup finals once in history, that is, the World Cup in England at 1966. 44 years ago, the North Korean team rushed to distant Britain to participate in the World Cup. They lost 3-0 to the former Soviet Union and 1 to Chile in the first two games of the group stage respectively. In the last game of the group stage, they will face the old team Italy. Knowing that there was no hope of qualifying, the North Korean team withdrew from the hotel room, booked the air tickets and rushed to the airport to return home after the game. However, "contrary to expectations", the North Korean team defeated the Italian team with the goal of Doo-Ik Pak 1-0, which successfully qualified from the group stage and reached the quarter-finals, becoming one of the three most famous upsets in the history of the World Cup. In the 1/4 final, they scored three goals in a row in 25 minutes, leading Portugal 3-0, but then "Panthers" especially Sebbio scored four goals to help Portugal complete the reversal. Although North Korea was out, the best record in Asia in the quarter-finals was maintained for 36 years, and it was not broken by South Korea until 2002. 20 10 competed for the world cup again, and the result was unknown.

However, some media disclosed that the annual salary of North Korean high-level athletes is equivalent to RMB 1.44 yuan. Of course, due to well-known reasons, this figure cannot be confirmed. However, we can still understand the income problem of North Korean players through some analysis. In 2006, a China sports company provided equipment for the North Korean team. They provided each North Korean player with a set of jerseys. Three years later, the North Korean team is still playing international games in this jersey. Ironically, it is with this jersey that they have reached the World Cup! Ma Mingyu, who once went to North Korea to choose foreign aid, revealed that North Korean players can't even drink beer. Although food and clothing are well-fed and distributed by the team, the players hardly have much income, and they can't even own mobile phones, let alone cars. 1999, Shanghai applied for the four-nation invitational tournament, inviting North Korea and Iraq. During the war, the Iraqi team took away the mineral water package provided by the organizing Committee. A few years later, they entered the semi-finals of the Olympic Games. But because the North Korean team couldn't get a free lunch, they asked the hotel manager for some sweets to satisfy their hunger. North Korea scored twice in China's defense! After defeating China, North Korean players drank half a bottle of water discarded by China players and took pictures with old-fashioned cameras. During the four-nation tournament in 2000, 4-5 North Korean players jointly bought a can of coke. Yan Shiduo, then president of the China Football Association, wept on the spot after watching the training of the North Korean team. It is said that this is the first time Chairman Yan has shed tears for football. When the 20 10 World Cup starts, China will once again be a spectator, and there is still no sign that it can win one of the four Asian seats in the World Cup in Brazil four years later. Although China has made outstanding achievements in more and more Olympic events, China's national football team is still struggling. The attempt to attack this year's World Cup in South Africa turned into a disaster, and the defendant was eliminated from the third round of the World Cup Asian qualifiers for the second time in a row. The defendant not only failed to hit the World Cup finals, but also suffered a crushing defeat in front of domestic fans at the Beijing Olympic Games.

Every World Cup, China won ... China won the World Cup ... China actually entered the World Cup quarter-finals ... China rushed out of Asia and squeezed into the World Cup quarter-finals, and the whole country was boiling. Many cities also hold fake celebrations for this ... When I woke up, I cried, remembering the history of watching football for more than ten years, and remembering many scenes, I burst into tears ... China fans are probably the most in the world. In the 2002 World Cup, it was the dream of many China fans that China football rushed into the World Cup! Every time I see China football, I can only be shut out of the World Cup, and the most painful thing is China fans! China is the most populous country in the world, but it seems that it can't organize a football team that can reach the World Cup finals.

To sum up, after the defendant was established according to law, he signed a contract with all China people, especially fans. The defendant's obligation is to score goals and enter the World Cup. The plaintiff's right is to watch and be excited and happy because the defendant has reached the World Cup. However, since its establishment, the defendant has only entered the World Cup in Korea and Japan in 2002, and lost all three games, losing nine goals without scoring. The defendant failed to fulfill his obligations in previous World Cup preliminaries and competitions, which led to the plaintiff's failure to get the passion and happiness brought by the defendant to China football. Results During the 20 10 World Cup, when the fans of other countries were passionate, the plaintiff was depressed and only drank, which led to a serious loss of passion and happiness. (Attachment 1 is evidence that the defendant failed to perform the contract)

In view of the above facts, in order to safeguard the legitimate rights of the plaintiff, according to the relevant provisions of the General Principles of the Civil Law, the Contract Law and other laws and regulations, we hereby request your hospital to grant the first-line litigation request.

I am here to convey

Chongwen District People's Court of Beijing Municipality

Tangible person: Chen Fengfeng

June 20 10

Attachment 1: Defendant's previous World Cup results.

1930 ——1954 —— Not involved.

1958- Out of the qualifying round

1962 ——1978 —— Not involved.

1982-1998-all the qualifiers are out.

In 2002, the first World Cup final, the top 32 (eliminated in the first round)

2006-Out of the qualifying round

Civil indictment (2)

Plaintiff: wp, male, age 13.

Legal Representative wz (the plaintiff's father)

Defendant: an institute.

Defendant: a blood product company.

Defendant: A blood center.

ask

1. The defendant was ordered to compensate the plaintiff for economic losses * * *: 521147 yuan.

The defendant was sentenced to bear the legal costs.

Facts and reasons

Plaintiff wp went to the hospital for intracranial hemorrhage in June and July of 1987, and was diagnosed as hemophilia A in April of 1988, and was diagnosed as hemophilia A by Xinhua Children's Hospital affiliated to Shanghai Second Medical University. After that, according to the doctor's advice, wp began to use a large number of coagulation factor VIII (referred to as AHG in medicine, hereinafter referred to as factor VIII). Among them, from 1988 to 1996, the eight factors used were produced by a research institute, and from 1996, they were changed to eight factors produced by a blood products company. The plaintiff also used a small amount of plasma and cryoprecipitate to treat diseases according to the doctor's advice. 65438+1On September 23-29, 1998, wp was diagnosed with AIDS and hepatitis C during his stay in Shanghai Children's Hospital.

The legal representative believes that AIDS and hepatitis C in wp are caused by blood transfusion products (including eight factors, cryoprecipitate and plasma). The reasons are as follows: according to the current medical level, there are only three ways of transmission of AIDS and hepatitis C, one is sexual intercourse, the other is blood transfusion products, and the third is mother-to-child transmission. For wp, a minor child of 13 years old, the first situation is impossible, and his mother is not a hepatitis C patient or a virus carrier, and the third situation is also impossible. The only reason why he was infected with AIDS and hepatitis C was hemophilia, and he lost a lot of blood products (including factor 8, cryoprecipitate and plasma). At present, it is considered that the incubation period of AIDS is 1- 15 years, so blood products of wp suffering from AIDS and hepatitis C have been widely used since 1988, including eight factors, cryoprecipitate and plasma. Among these three drugs, eight factors are produced by a blood product company and a research institute, namely cold precipitation and plasma.

According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 119 of the Civil Law of People's Republic of China (PRC), if damage is caused to citizens' health, compensation shall be paid for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the people raised by the deceased shall be paid. Therefore, the defendant is required to pay compensation:

1, the plaintiff has spent 24,227 yuan on medical expenses and 2,700 yuan on nutrition;

2. Lost time for the plaintiff's relatives (starting from March 1998, counting five years), 380 yuan per month, * * * 26,220 yuan;

3. The plaintiff will spend 250,000 yuan (five years) on medical expenses and 0/8,000 yuan (30O yuan per month) on nutrition;

4. The plaintiff paid 200,000 yuan for mental damage.

And asked the defendant to bear all the litigation costs.

I ask the court to support my above request according to law.

Civil indictment (3)

Plaintiff: Cao Tianhua, male,/kloc-0, born in June 1953, living at No.264, Xinhua West Road? Working in Hebei Century Hotel * * * * *

Defendant: Hebei Century Hotel (hereinafter referred to as "Defendant"), Zhongshan West Road 145, 05007 1? ***,

Legal Representative: Bai Haijun. general manager

Requested items:

1. Refund tooling fee;

Second, pay back the arrears of wages.

Third, pay social insurance.

4. Refund the fine.

Verb (abbreviation of verb) The decision to expel Cao Tianhua is illegal. Invalid.

Compensate me for all economic losses caused by this illegal decision.

Facts and reasons:

One. Since May, 2007 10, I have been working in the PA position of the defendant's housekeeping department. On the same day, I was forced to pay the tooling fee of 300 yuan. According to the provisions of Article 84 of the Labor Contract Law, it is illegal for the defendant to charge employees for work installation fees. The defendant has admitted that the fee is illegal and unconditionally returned the fee to the employee in full. Of course, he should also immediately and unconditionally return my 300 yuan and impose a fine.

Two. At the beginning of the century, the defendant said: there is no public holiday in this position, and I will talk about it day by day. In the first month, work 8 hours a day, and the daily wage is 13 yuan. For the next month, he worked 10 hours every day, and was paid hourly in 30 yuan, 3 yuan. The salary is lower than the minimum wage, so it is illegal. At that time, the minimum standard was 580 yuan/month (2 1.75 days. 8 hours a day). According to this standard, the salary for working eight hours a day is 26.67 yuan, and the salary for working 10 hour a day is 33.33 yuan. My salary from May 10 to August 25th is: * * * * *

The defendant owes me a salary of 49 1.08 yuan, which should be reissued immediately and unconditionally. According to the second paragraph of Article 85 of the Labor Contract Law, the defendant should also pay compensation of 48 1 16 yuan (59 1.08 * 0.98 = 579. * * * 591.08+579 =1170.08 yuan.

Three. According to the law, the employer must pay social insurance for the workers, and the defendant didn't give me any money, which means that the defendant broke the law again. I pay 390 yuan every month (endowment insurance 275 yuan, medical insurance 1 15 yuan). These funds should be repaid to me by the defendant according to the proportion stipulated by the relevant departments.

Four. The defendant stipulated that employees were not allowed to bring mobile phones into the workplace, and offenders were fined 90 yuan. This regulation violates employees' ownership of mobile phones and employees' freedom of communication in many ways (the above two rights of employees are expressly protected by law), so this regulation is illegal. It is also illegal to impose fines on employees according to this illegal regulation, and it should be revoked or corrected (changed to strict labor discipline without infringing on the legitimate rights and interests of employees). ) 。 July 2008 18, I just looked at the time on my mobile phone in the workplace (at that time, my mobile phone was in a silent state, and it was only used as a watch, which certainly did not cause any slight loss to my work), and I was fined 90 yuan. I think the fine was made according to the provisions of the defendant's violation of the law and should be considered illegal and invalid. Therefore, Century should refund the fine to 90 yuan.

Five. Violent assault and unlawful dismissal. On August 25th, my superior Li was dizzy and lost his mind and control when talking to me. He was violent to me and put his hand around my throat, making it difficult for me to breathe. Just as he was about to hit someone, two employees came and pulled Li away. Li violated my personal rights, which is a typical and obvious violation of law and discipline. He should be severely dealt with by the hotel rules and regulations, and the defendant should also express his condolences to me. What is puzzling is that the defendant not only failed to give the perpetrators the punishment they deserved, but ignored the fact that I handed the medical records to the defendant on September 3rd. Instead, he made a big fuss and racked his brains to fabricate an unwarranted and ridiculous reason for being absent from school (I was deemed to be absent for five days, and called it "reason 1"), and on September 3rd (orally announced), he arrested me. There is no written notice of dismissal. Violation of the second paragraph of Article 20 of the Regulations on Rewards and Punishment of Enterprise Employees. According to the second paragraph of Article 58 of the General Principles of the Civil Law, an invalid civil juristic act is not legally binding from the beginning of the act, and the dismissal decision should be considered illegal and invalid! In April this year, the reasons for dismissal were stated in writing (reply to the labor inspection brigade). Cao Tianhua was absent from work for one month from August 26th for slandering the supervisor, and was dismissed by our unit. (hereinafter referred to as "Reason 4", this is that the defendant lied to the Municipal Labor Inspection Brigade). The defendant violated my personal rights and labor rights first. It also created rumors for me, damaged my reputation and infringed on my economic interests. Of course it's illegal. First of all, it is illegal not to issue a written notice of dismissal. Secondly, the fact of "defaming the supervisor and being absent from work for one month in a row" simply does not exist, and even the materials of the perpetrators do not show that they have been defamed. Please show the defendant the specific physical evidence and facts of "slandering the supervisor and absenteeism for one month in a row"! Does the defendant have the most original, authentic and convincing evidence to prove his point of view and support his claim? Certainly not! If not, it is enough to show that the defendant's dismissal decision is illegal and invalid! ? Unable to produce evidence, the defendant knew that reason 4 was untenable and fabricated it out of thin air in May. It's more reasonable to piece it together. More deceptive reasons for dismissal (reason 5 for short), that is, the so-called disciplinary score exceeds 12, and absenteeism lasts for more than three days. Reasons and reasons 4 are also stamped with official seals, indicating that they must bear corresponding legal responsibilities! However, the two reasons that have been stamped with the official seal are obviously inconsistent. On the contrary, they are self-contradictory, so people can't believe or accept either of these two reasons, and they can only be punished as perjury. I have refuted reason 5 (see rebuttal materials). I think the reason 1 objectively reflects the true facts of the day (leaving aside the absurdity of 1 for the time being). Other reasons are purely fabricated afterwards, and they are all distortions and tampering with the facts of the day. I have repeatedly appealed to leaders at all levels in various forms. On August 3rd1,I made an oral complaint to the housekeeping manager. According to the requirements, organize the contents of oral complaints into written materials, and submit the medical records and physical examination results to the housekeeping department on September 3; Complained to the human resources department and the defendant's general manager successively, and submitted written materials (existing USB flash drive); Send 20 emails to the general manager and the personnel department (e-mail box is available) to advocate my rights and interests (and complain to the provincial Federation of Trade Unions and the provincial TV station, and the provincial TV station press conference will investigate and understand the defendant unit).

The facts and reasons stop here. The following is the prosecution statement:

He filed a lawsuit in Qiaoxi Court because he refused to accept the 2008 Shishi Labor Dispute Arbitration Award No.367.

1. The defendant submitted the payroll to the Municipal Labor Inspection Brigade and the Municipal Labor Dispute Arbitration Commission successively. Timetable reply. Answer sheet and other materials (due to false content and guilty conscience, the attendance sheet was not submitted to the Arbitration Commission). These materials are full of mistakes, and the explanation of the same question is contradictory? Inconsistent Back out? Self-denial, such as "two sets of tools" clearly written in the defense book and "one set of tools" when reading the defense book in court, has many places.

2. after I saw the defendant's materials, (1) immediately pointed out in writing and orally to a director of the supervision brigade and the arbitration commission that there was conclusive evidence to prove that there were many distortions in the defendant's materials? Tampering? Whoever fabricates facts (such as changing "attendance" to "training" or "rest" in the attendance sheet in May. Please ask the court to collect all the defendant's materials from two departments), then the defendant's materials must be false? Perjury, certainly can't accept and support these false certificates. (2) Many resigned employees have written certificates (resigned employees dare to testify objectively, while on-the-job employees certainly dare not tell the truth). (3)。 He wrote several materials of more than 10,000 words and refuted the defendant. (4) He found some original evidence that could expose the defendant's fraud. Such as training records, it is enough to prove that the training was not in May or two days, as shown in the time sheet forged by the defendant. (5)。 All the evidence and materials in items (2), (3) and (4) shall be submitted to the Arbitration Commission before the arbitration hearing.

Although there are some fair awards in the awards, they are not fair. There are many flaws in the award, and only a few issues are simply investigated. The wrong views (among the two opposing views of the original defendant on the same issue) are fully exposed and denied without court debate, and the correct views are fully affirmed and confirmed. And unreasonably accepted the defendant's point of view (which has been proved to be perjury on the spot). The award quotes the remarks of both sides out of context, giving people false psychological hints and easily causing misunderstanding. Many facts identified in the award are wrong.

4. In order to cover up its illegal acts, the defendant has twice maliciously deceived the Municipal Labor Inspection Brigade and the Municipal Labor Arbitration Commission with perjury, and the defendant will continue to cheat with perjury and lies, which is very likely to deceive your hospital. We should be highly vigilant and guard against this. I would like to work with Judge * * * to strip away the layers of camouflage and illusion of the defendant to cover up his illegal behavior and expose his fabrication afterwards. All kinds of specious and deceptive absurd reasons are pieced together, and the facts are true, laying a solid foundation for a fair judgment!

The decision to reject the plaintiff is really wrong. Referring to other similar cases, according to Article 20 of the Judicial Interpretation of the High Court in April 0 1 year, the rejection decision should be revoked. After revocation, it shall be regarded as my work from August 26, 2007 to the effective date of revocation, and I have the right to claim compensation from the defendant. Resign or return to work. I chose the first two items (I resigned because I was dissatisfied with the defendant's failure to sign a labor contract and pay social insurance). According to Article 82 of the Labor Contract Law, the defendant should bear the responsibility. Making the defendant pay the illegal cost is an important part of strict law enforcement!

I believe that the Qiaoxi court can find out the facts and make a fair judgment according to law!

I am here to convey

Shijiazhuang qiaoxi district court