w88 casino News Network (Reporter Han Zhenlie)"The snow is in the spring, the law is cute", on this occasion of the year, with the vigorous development of the Legal Culture Festival of w88 casino's law w88 casino,3month20At seven o'clock that evening, the first lecture in the "Legal Listening" series - Experience and reflections on the career of a judge, in Ningyuan526Kicks off.
This lecture invited Kong Xiangjun, deputy director of the Intellectual Property Division of the Supreme People's Court of the People's Republic of China and senior judge, as the speaker. President Kong graduated from the Renmin University of China. He was the first doctoral student of the famous jurist Jiang Ping and the first postdoctoral fellow in commercial law at the Renmin University of China. Won the Fifth National Top Ten Outstanding Young Jurists,Served as a judge of the Supreme Court and vice president of the Administrative Division. Single author20Department. Mainly include: "Research on New Issues and Interpretations of Civil and Commercial Law", "Innovation of China's Collective Enterprise System", "Essentials of Company Law", "Tutorial on Contract Law", "Application and Improvement of Anti-Unfair Competition Law", "New Discussion of Anti-Unfair Competition Law", "Principles of Anti-Monopoly Law", "Principles of w88 Secret Protection Law", "WTOIntellectual Property Agreement and its Domestic Application》, 《WTODomestic Application of Laws", "Research on Legal Interpretation Methods and Judgment", "Selected Application and Loophole Filling in Conflicts of Legal Norms", etc.; published professional articles200More articles.
7At 9828_9843|, Vice President Kong arrived at the venue on time.
From the grassroots courts to the intermediate judicial organs, and then to the Supreme Court, President Kong gave us the feeling of being more humble than being unsmiling. Facing the applause of the audience, he said that he was not good at making impassioned speeches and that he would rather share his experiences with everyone than talk about his experiences.
“Judges should be made aware that there are many ways to go in adjudication, not just a conventional mode. In special circumstances, judges can confidently use three extraordinary modes of adjudication.” Straight to the point, Judge Kong put forward his own opinion. The so-called conventional model means that the law is the major premise and the facts of the case are the minor premise. These three extraordinary modes are: inversion theory———Determine the answer first, then find proof for the legitimacy of the answer; historical method———Not bound by logic, adding historical considerations; ignoring method———Ignore the details and get to the point.
President Kong taught us a vivid lesson by taking the Peking University Founder Software property rights infringement case that has attracted widespread media attention in recent years as an example. After layers of appeals from local to central levels, it can be said that the Supreme People's Court has taken on some difficult cases. Infringement incidents have been common in recent years, but obtaining evidence has always been difficult. In this case, in order to obtain evidence, the infringed party adopted a method of purchasing its software to further obtain relevant information. This method has a proper name - "trap evidence collection". The reason why the lawsuit is pending lies in the legality of evidence collection methods. "The law is not a simple interpretation of provisions or reasoning, the law is living," President Kong emphasized. Propositional provisions can guide case judgment, but cannot be used as the final standard for decision-making. At the same time, in real life, the guiding and exemplary role of a case also needs to be considered. Therefore, although the second instance raised questions about the evidence collection method, comprehensive consideration and weighing the pros and cons, this evidence collection method does not violate the public interest, and at the same time is conducive to asset protection, and has its merits. In the end, the first-instance judgment was upheld, and the property rights and interests of the software were safeguarded.
After that, President Kong talked about several cases one after another, such as the "Ussuri Barcarolle Case", the intellectual property rights of photography works to resist U.S. aggression and aid Korea, and the "Scissors Time-honored Brand Controversy". We can see that these are closely infiltrated into life and closely related to our lives. When dealing with these cases, President Kong repeatedly emphasized the importance of practice and not dogma. These casesThey are all formed under specific historical conditions. Handling these disputes involves complex or special historical backgrounds. It is necessary to weigh history and reality and make fair and reasonable decisions. Merely sticking to the provisions and the conventional logic of legal application will not work.
Most of the students present were law majors. After President Kong finished his wonderful speech, they asked targeted questions on some specific issues, including many sensitive questions, which President Kong answered.
The audience enthusiastically asked questions
Finally, the General Branch of the Law w88 casino Student Union presented President Kong with exquisite gifts and took a group photo. The lecture came to an end with a round of applause.
The Law Student Association took a group photo with President Kong
