Case 1:
A marriage reported by "Jiangsu Legal News" on August 26, 2005 attracted the attention of major media across the country. Ding, a 59-year-old man, and Zhan, a man in his 30s, were father-in-law and daughter-in-law. In 1994, Mr. Ding's second son, Ding, was introduced to a young woman named Zhan and married him. The following year, he gave birth to a boy. Due to a breakdown in their relationship, the couple divorced last year. After a court ruling, the boy, who is in the second grade of primary school, lives with his mother. Ding's wife died of illness in May last year, and his daughter-in-law Zhan is also alone. In the first half of this year, the two registered and received a marriage certificate at the city's civil affairs department.
Case 2:
According to a report in Chongqing Commercial Daily on July 31, 2006, Li from Changle City, Fujian Province entrusted Xinhua Trademark Agency Company in Gulou District, Fuzhou City to file a The Trademark Office of the State Administration for Industry and Commerce applied to register "Central Set" as a condom trademark, covering 10 categories including cervical caps, condoms, non-chemical contraceptives, medical finger cots, medical equipment and instrument covers (tube) needles, and baby bottle pacifiers. product. The Trademark Office of the State Administration for Industry and Commerce has accepted the application, but it is still under review. However, domestic trademarks are currently divided into registered trademarks and unregistered trademarks. The only difference is that the former are protected by law and the latter are not. In other words, although the "Central One Set" trademark has not yet been approved, Li can already use it.
Case 3:
2002-style motor vehicle license plates (commonly known as "personalized license plates") have become popular in Beijing, Tianjin, Hangzhou and Shenzhen for only 10 days, and the issuance of them suddenly stopped So far, the fate of the "funny license plates" that have been released is also uncertain. The official has not officially announced the real reason for the "stop", but public opinion generally speculates that the main reason is the emergence of brands like USA-911 and SEX-001, which pollute social atmosphere and damage social morality.
In the first case, Old Man Ding and Mr. Zhan had complete household registration books, ID cards and other formalities. The old man had widowhood procedures, and the young woman had divorce certificates. They did not violate Chapter 2 of the Marriage Law on " Marriage" provisions. In accordance with the concept of "if the law does not prohibit it, there is freedom", there seems to be no problem with the Gaoyou City Marriage Registration Agency's recognition of the marriage between the two. As for the second case, Li applied to register "Central One Set" as a condom trademark, which seemed to have "misappropriated" the name of CCTV and violated CCTV's rights. So, is it only CCTV that can prevent "Central One Set" from becoming a condom trademark? As for the third example, although the emergence of license plates like USA-911 and SEX-001 does not directly violate the regulations on 2002-type motor vehicle license plates, does the licensing authority still have the right to refuse to issue a license? The author believes that what was infringed in these three cases was not the rights of a specific individual, but the interests of the public. The three cases all reflect the lack of legal protection of public interests at the practical level.