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除了以跨国公司在华诉讼为明显特点的知识产权诉讼案件(见本刊今年第1期),2006年涉及公司企业的其他各类新类型案件也是层出不穷,特点鲜明:公司法新修订后出现的各种新类型诉讼引人瞩目;法律专业人士和普通公众都敢于向各种行业管理和潜规则挑战;公众维权更加细化和深入,从电梯广告收益到垃圾邮件乃至推销电话都引发诉讼;公众挑战的内容既有像电话月租费这样的老行规,更有诸如油价下调、机票超售、不降价承诺之类的新焦点,体现了诉讼的深度和敏感度,公益性质更加明显……本文以公司诉讼、消费者案件、金融案件、房地产案件以及其他案件为序进行回顾。
In addition to the IP litigation (as featured in the first issue of this issue), which is characterized by the lawsuits of MNCs in China, other types of new types of cases involving corporate enterprises in 2006 are also emerging in an endless stream. The distinctive features are as follows: Various new types of litigation attract people’s attention; legal professionals and the general public are daring to challenge a variety of industry management and unspoken rules; public rights are more detailed and in-depth, from the elevator advertising revenue to spam and even the sales of telephone calls have triggered litigation; public The content of the challenge is not only the old rules like the telephone monthly fee, but also the new focus such as the reduction of oil prices, the overbooking of air tickets and the commitment of no price reduction, which reflect the depth and sensitivity of litigation and make the nature of public goods even more obvious. In the company litigation, consumer cases, financial cases, real estate cases and other cases in order to review.