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BIC case analyses included in national annual review

english.bjinternetcourt.gov.cn | Updated: 2022-01-17

   

Six cases heard by the Beijing Internet Court (BIC) were among cases of the year that was recently announced by the National Judges College under the Supreme People's Court (SPC).

Also, four case analyses were included in the 2021 list of excellent case analyses from national court system released by the SPC on Dec 28.

The six winning cases of the year are:

Personal rights dispute category

- A network tort liability case tried by Cui Liping that involved legal boundaries of freedom of speech and infringement of reputation right

Tort compensation dispute category

- An online platform's network infringement case tried by Fang Shumei that involved determination of responsibility for an online platform's failure to handle valid post deletion application

Contract dispute category

- A company network service contract case tried by Yuan Jianhua that involved determination of the validity of electronic signatures in network service contracts 

Intellectual property rights dispute category

- A company copyright infringement case tried by Li Wenchao that involved determination of the principle of reciprocity on rights and obligations and legal relations between livestreaming platforms and their hosts

- An infringement of information network dissemination rights case tried by Cui Lu that involved nonstandard operation procedures blemishing the evidential validity of "time stamps"

- An online shopping contract case tried by Zhang Lianyong that involved "orders for free within limited time frame" determined to be a conditional clause attached to the contract 

The four winning case analyses of the year are:

Third prize in civil cases

- A personal right dispute case written by Yan Jun and Yang Guang that involved determination and trial considerations on exposing personal information constituting infringement within the scope of the new Civil Code

- A company network tort liability case written by Zhang Bo, Dong Xuemin and Wu Jiao that involved liability determination of spiritual personal right infringement within the scope of the Civil Code 

Third prize in commercial cases

- A company network service contract case written by Li Wenchao and Li Xinyu that involved determination of the validity of short message service cancellation fee when followed by lack of provision 

Excellence award in commercial cases

- A company network service contract case written by Li Wenchao and Meng Danyang that involved determination of the qualifying of online users for cashing events