I believe many friends have seen Elite Lawyer. Although we are not lawyers and have nothing to do with elites, our affection for this play is overwhelming. It's hard to catch up when it's broadcast. I wonder if any friends regard this drama as a popular law drama? In fact, many laws cited in this play are wrong. I wonder if you found it. It doesn't matter if you don't find it. Let's see what legal knowledge is misquoted today.

1. Is a traffic accident on the way to work definitely a work-related injury? In the first episode, we talked about a dispute over the identification of work-related injuries. The father of a takeaway fell on his motorcycle on his way to work and wanted to identify it as a work-related injury, but the employer thought it was his own fall and could not constitute a job. At this time, the hostess told him that your father fell on his way to work, so it should be considered a work-related injury. This statement is wrong. There is a prerequisite for the identification of work-related injuries in traffic accidents, that is, it is not my main responsibility. Therefore, a traffic accident on the way to and from work is not necessarily a work-related injury, and it is necessary to judge whether it constitutes a work-related injury by combining the accident responsibility certificate.

Second, after divorce, does the mother have the right to unilaterally change the child's surname? The Marriage Law stipulates that once a child's surname is determined, neither parent has the right to change the child's surname at will. Besides,

After the parents divorce, both parties can change their children's names through consultation. If no agreement can be reached, neither party shall change the children's names without authorization. After divorce, either parent unilaterally changes the child's surname without the permission of the other parent. If the other parent raises an objection, the child's surname should be restored. If one parent wants to change the child's surname, both parents need to sign at the household registration office or obtain the other party's written consent certificate.

In the play, Luo Qi changed her child's surname behind her ex-husband's back, which firstly failed to meet the procedural requirements, and secondly violated the relevant provisions of the Marriage Law. The father of the child can sue for the restoration of the child's name.

3. Can close relatives evade the non-competition agreement? In the second episode, because of Dai's sympathy, in the face of the non-competition agreement, he actually let his wife or parents start a business in order to avoid the agreement. Therefore, Zhang Ke registered a new company in the name of his wife, and obtained the investment from investors. Although Dai helped to exploit the loophole of the law and avoid the restriction of non-competition, please don't forget that there is another provision in the contract law that a contract that covers up an illegal purpose in a legal form is invalid. As long as the other party can prove that the actual operator of the enterprise is the employee himself, he still violates the non-competition agreement and bears the liability for breach of contract.

Of course, there are indeed many people who take advantage of the law in this way. However, Bian Xiao thinks that as a legal drama, is it really appropriate to promote this technique? Wouldn't it be more meaningful if it could be done according to law in the end?