The first trial -up jurisdiction in the Kashgar area was successfully resolved
Author:Xinjiang Legal Daily Time:2022.09.28
The picture shows the trial site. The picture is provided by the Kashi Intermediate Court
"Now Introduction!" On September 11, with the hammer, the Intermediate People's Court of Kashgar area reached a trial of the emerging media platform contract disputes in accordance with the law. The case is also the first exploration of the Kashi Intermediate Court to apply the jurisdiction to the jurisdiction of the jurisdiction of the jurisdictional procedure after the pilot reform of the Fourth Court of Fourth Courts.
In October 2021, the plaintiff's film and television company and the defendant Wang signed a "Artist Broker Cooperation Agreement" on the online cooperation of a media platform. Essence Since then, the plaintiff has registered an account on a media platform without authorization, transferred the fan to the court, and asked to lift his agreement with the defendant, and the defendant paid the default damage, including actual losses and expected benefits.
Considering that the case involves a new type, the proper trial of the case is of great significance for the referee rules of similar cases in the unified jurisdiction. The Kashgar Intermediate People's Court raised the case from the Kashgar People's Court. Learning jurisdiction as an important part of the reform of the 4 -level court audit function positioning reform, it is important to give full play to the trial situation of the high -level people's courts to be familiar with the trial of the district, realize the "one trial, guide one piece", uniformly referee rules, and promote the correct and unified application of laws. It is important to be important. significance.
In the process of handling the case, the organizing judges carefully reviewed the dossier and sorted out evidence such as the recharge coin of a media platform account. After fully listening to the opinions of the parties, they fully interpreted the understanding of the expected interests. The plaintiff considers the evidence of the current account traffic investment of a media platform, and the combination of the original account of the media platform no longer exists, and the difficulty of obtaining evidence has been adjusted voluntarily. The defendant also realized that he had opened a small default act that caused damage to the company and voluntarily gave some compensation.
In the end, the parties to the two parties reached a mediation agreement, lifted the "Artist Broker Cooperation Agreement" signed by the original and the defendants, and the defendant paid the plaintiff's one -time payment of actual losses and expected interests of 50,000 yuan. At present, the mediation agreement has taken effect, and the case has been successfully resolved. (Miao Yanhong, a reporter from the Xinjiang Legal Daily News, a reporter from the Xinjiang Legal Daily)
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