Question 1: Case Introduction Case Facts In February 2009, the plaintiff Fang went to Yu’s house to do carpentry at the request of the defendant Yu, and made furniture, ceilings, floors, etc. for Yu. Due to the shortage of manpower, Fang introduced several carpenters to Yu who could do the same work and get equal pay for equal work. The two parties agreed: According to rural customs, Fang and others made furniture, ceilings, floors, etc. for Yu at Yu's home. Yu paid Fang and others according to the number of days of work. According to the practice at that time, each person would pay 80-85 yuan per day. Calculating wages, Yu provides one lunch and one pack of cigarettes every day. A few days later, during the construction process of cutting a wooden board, Fang was stabbed in the eye by an iron nail flying from the wooden board, causing various economic losses totaling more than 26,000 yuan. Therefore, Fang brought a lawsuit to the court and requested defendant Yu to compensate for his economic losses.

The trial court held that the relationship between the plaintiff and the defendant was an employment relationship. The plaintiff was hired by the defendant to make furniture and provide labor services for the defendant. The defendant paid the plaintiff according to the number of days he worked. The relationship between the plaintiff and the defendant was an employment relationship. If the plaintiff suffers personal injury during the course of employment activities, the defendant shall be liable for compensation.

Comment on the dispute in this case: whether the plaintiff and defendant constitute an employment relationship or a contracting relationship. Both employment contracts and contract contracts are labor service contracts. If a dispute arises due to personal injury during the performance of the contract, it should be handled in accordance with the provisions of the general principles of civil law and relevant judicial interpretations, and labor law cannot be applied. In an employment contract, the employer is the subject of compensation; in a contract, the client is not liable for compensation.

The so-called employment relationship refers to a labor relationship in which employees perform employment activities for the employer under the instruction and supervision of the employer, and the employer pays remuneration to each other. The so-called "engaging in employment activities", according to the provisions of Article 9 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases" (referred to as the "Interpretation"), refers to employees engaging in activities within the scope of authorization or instructions of the employer. Or beyond the scope of authorization, but in the form of performance of duties or production and business activities or other labor activities that are intrinsically linked to the performance of duties.

The so-called contracting relationship means that the contractor completes the work in accordance with the client's requirements and delivers the work results, and the client pays remuneration. Article 4 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (2)" stipulates: "The following disputes arising from services or provision of labor services by employment entities that do not meet the provisions of Article 2 of the Labor Law shall be handled in accordance with the provisions of Article 2 of the Labor Law: Handling of employment relationships: (1) Disputes between families or individuals and domestic service personnel; (2) Disputes between individual craftsmen and helpers and apprentices; (3) Disputes between rural contracting households, individual partnerships and employees Disputes; (4) Disputes between workers providing labor services and construction or other labor service users; (5) Disputes between permanent representative offices of foreign enterprises or other organizations in China and employed Chinese citizens. ”

In this case, the plaintiff Fang and others made specific services such as furniture, ceilings, and floors for Yu at the request of the defendant Yu within an unspecified period of time, although Fang and others prepared the work themselves. Tools, the labor services provided also have a certain technical content, but Yu pays Fang and others at 30-33 yuan per person per day and provides lunch based on the number of days of work, and pays the wages for how many days they work. , is entirely a way of paying labor remuneration, rather than using labor results as the direct object of payment. The plaintiff does not enjoy additional benefits beyond labor remuneration, and the defendant Yu has to a certain extent the work content and work of the other party and others. Progress exercises management and command functions, and the nature of its work has no specific personal attachment. Therefore, the relationship between the plaintiff and the defendant Yu should be an employment relationship, and the legal provisions on employment relationships shall apply.

In real life, many people do not have a clear understanding of the concepts of employment relationships and contracting relationships and lack awareness of risk prevention. They often only wake up after suffering huge economic losses and filing a case in court. In fact, although employment and contracting are both forms of providing labor services and are two legal relationships that are often encountered by the public and are easily ignored and confused, after a dispute occurs, the legal nature and litigation results of the two are very different. .

To correctly define the nature of the second type of contract in trial practice, attention should be paid to the following differences: 1. The subject of the employment contract is labor services; the subject of the contract is the work results achieved through certain professional skills. , the contractor's provision of labor services is a means to complete the work results. 2. Employees under an employment contract are subject to the control of the employer to a certain extent, and must obey the employer's arrangements and instructions in the performance of the contract; there is no relationship between dominating and being dominated between the parties to the contract...gt; gt;

Question 2: What is a case introduction: General content,,

Question 3: What does the thesis instructor mean when the thesis instructor says "supplemented with examples"? It means the argument you wrote They are all empty.

There is no actual example to prove it.

So we need to add some examples or experimental data.

Question 4: Case analysis. Introductory case analysis questions provide candidates with a piece of background information and then ask questions. In the questions, candidates are required to read and analyze the given information, make decisions, make evaluations, or propose specific solutions to the problems based on certain theoretical knowledge. Methods or opinions, etc. Case analysis questions are a more comprehensive type of questions, which test high-level cognitive goals. It not only tests the candidate's understanding of knowledge, but also tests the candidate's ability to understand and apply knowledge. The most important thing is that it can test the candidate's comprehensive, analytical and evaluation abilities.

Question 5: What does social experience mean? What does a person with social experience look like? In fact, the word does not have an absolute definition in real life, so many people misunderstand it as "a person's life experience during this period from the time he graduated from school to the present." It seems that only "after graduation" is considered Entering society. This is not accurate, because this concept contains too much personal color. In fact, we have entered society since we were born. The more we suffer, the more social experience we have, because " Loss is only one aspect of our social experience. Many life philosophies and social skills need to be understood in "profit". So how to define the so-called "social experience"? First, we must explain the word "experience". Experience refers to the philosophy of life or life skills gained from personal experiences. It should be clear that these "events" include events that make us "lose" as well as things that make us "gain" or "benefit". "Glory" incident. It is assumed that a person is always at the bottom of society and always oppressed by others. His own thoughts and realm will be very low, even extreme, so how can we say that such a person has rich social experience? ? Secondly, we need to explain the word "society". The original meaning of the Chinese character "society" refers to the organization of people in a specific land. At a macro level, society is a group formed by long-term cooperative members through the development of organizational relationships. Therefore, combining "society" and "experience", its definition is: the positive and positive experience of workers from all the events that a certain social subject (person or organization) has experienced personally. Negative life philosophy and life skills. In terms of time, each of us (social subjects) has entered the stage of accumulating social experience since birth, not counting "after graduating from school", because that should be called "Work experience" or "industry experience" rather than "social experience". In terms of source, any event experienced by each of us (social subjects) exists objectively and belongs to the category of social events, so it should be the source of social experience, rather than "you have never done a certain job" , there is no social experience.” Again, that should be called “industry experience” or “work experience.” To a certain extent, different social classes are accumulating different degrees or depths of social experience, but none of them is comprehensive enough. Only after a social subject has experienced the "bottom level - middle level - top level" of a certain industry or a certain field in sequence can he say that he has rich social experience in this industry or this field. Only experiencing a certain level cannot produce a comprehensive and comprehensive view. Deeply experienced.

Question 6: Introduction to Li Xin’s classic case. In 2001, he cooperated with the international beverage giant Pepsi-Cola Greater China. The “Pepsi Mother Water Cellar” jointly created by *** became a household name. This public welfare project caused a stir in China. * attaches great importance to it and has received strong support from people from all walks of life. To date, Pepsi-Cola has donated a total of more than 53 million yuan in 13 years. In China, Pepsi's brand image is deeply rooted in the hearts of the people, and a brand has achieved a leap-forward transformation from "selling me" to "loving me". In 2002, we cooperated with Snow Beer Group and put forward the concept of "comprehensive channel construction" that year, laying a strong foundation for the development of Snow Beer. In 2004, he planned the signing of a contract between China Resources Snow Beer and Kotler, the international marketing master, and told a brand story of "enjoying growth", which quickly increased the popularity of Snow Beer's main line brand. In September 2004, he planned and implemented the entire "Luhua" crisis public relations case. With his strong resource integration capabilities and rich practical experience in crisis public relations, he successfully defeated his competitors and ended the most brutal battle in the history of China's edible oil market. Arowana's "1:1:1" defeat came to an end. Note: The "Luhua" edible oil market encountered a major crisis. The competitor "Golden Arowana" claimed to be 1:1:1. It used the views of Li Zhiwei, vice president of the Oils and Fats Branch of the China Cereals and Oils Society, to bombard the market with intensive media advertising. "Luhua Peanut Oil" was forced to a dead end. In 2004, he led the winner planning team to cooperate with China Resources Snow Beer Group to comprehensively sort out the Snow Beer brand, boldly innovate and propose a "brave, ***" brand culture plan involving everyone. After nearly a year of research and Planning, a large-scale corporate public relations event "Snow Beer Bravely Goes to the End of the World" passed the review. In September 2005, a brave sport that challenged the limits - a large-scale adventure to cross the Yarlung Zangbo Grand Canyon and explore the journey of growth kicked off the "Snow Beer, Bravely Go to the End of the World" event. From crossing the Yarlung Zangbo Grand Canyon to breaking through the snow line, from the snow-capped mountains to the national border, from professional challenges to *** participation, from hiking to driving teams, Snow Beer bravely ventures into the ends of the world, a huge and powerful all-member campaign. It rose quietly in the land of China. As of 2012, Snow Beer has grown tenfold in ten years, from one million tons to 10 million tons, from unknown to the world's number one in sales. Li Xin and Snow Beer have together gone through the process of Chinese beer's global hegemony. . In May 2008, he led the winner planning team to carry out a full-case marketing plan for the "Wanglaoji" brand (Jiaduobao Group), which donated 100 million for the Wenchuan earthquake. It used a three-dimensional marketing model that combined online interactive communication and media to make "Wanglaoji" Brands are finding success through event marketing. Within 10 minutes of raising the sign "Jiaduobao donates 100 million yuan" at the CCTV disaster relief party, "Who dares to donate 100 million yuan? Wanglaoji is crazy!", "Block Wonglaoji", "Jiaduobao donates 100 million yuan" ! "Jiaduobao is Wanglaoji", "Wanglaoji is a national hero", "Buying Wanglaoji is a donation to the disaster area!", "Don't be stingy with your mouse! Reposting for Wanglaoji is also a disaster relief!" The post was posted all over major communities, forums and other networks. Within 2 hours, the online post was forwarded more than 80 million times. A massive netizen public opinion detonated the Chinese Internet like a shock wave. Note: According to statistics, the annual sales volume of "Wong Lo Kat" in 2008 increased by 10 billion compared with the original plan.