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Bonus and Money Award Dispute Case --- Xu Yongbei
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1989.06.22
BONUS AND MONEY AWARD DISPUTE CASE XU YONGBEI VS. DAILY USE CHEMICAL PRODUCTS
             RESEARCH INSTITUTE, JIANGSU             
                                       
Plaintiff: Xu Yongbei, Male 51 years of age. Senior engineer, Nanjing
Municipal Research Institute of Daily Use Chemical Products.         
                                       
Defendant: Jiangsu Provincial Research Institute of Daily Use chemical
Products.                                  
                                       
Legal representative: Lu Nugang, director.                  
                                       
The third party: Zhang Wenshen, Male, 47 years of age, Engineer, Jiangsu
Provincial Research Institute of Daily Use Chemical Products.        
                                       
The third party: Gong Huifeng, Female, 49 years of age. Engineer, Jiangsu
Provincial Research Institute of Daily Use Chemical Products.        
                                       
The Plaintiff Xu Yongbai initiated the bonus and money award dispute case
against the defendant the Jiangsu Provincial Daily Use Chemical Products
Research Institute (hereinafter referred to as the Institute) with the Xuanwu
District People's Court, Jiangsu. After reviewing the bill of indictment, the
Court, in accordance with the Provisions of Paragraph 1, Article 48 of the
Civil  Procedure  Law  of  the People's Republic of China (for trial
implementation) Zheng Wenshen & Gong Huifeng who have jointly researched and
developed the new technology and equipment for the continual emulsification
of cosmetics with the plaintiff to participate in the litigation.      
                                       
The Plaintiff claims: When working at the unit of the defendant, the
plaintiff took part in the research and development of the new technology and
equipment of the continual emulsification of cosmetics. As the was appointed
as the project leader, he played a major role in the process of the research
and development. As to the bonus for the product of this scientific research
project granted by the state, there is still 4,000 yuan which the defendant
refused to distribute. The defendant received 300,000 yuan of technology
transfer fee for the transfer of this technology but failed up to the moment
to let the plaintiff get his money awards according to the regulations. The
plaintiff requests the defendant to distribute to him the bonus and let him
get the money awards.                            
                                       
The defendant states: The defendant noticed the plaintiff a number of times
to discuss the distribution of the bonus, but the plaintiff failed to come
over each of the time, thus, making it impossible to distribute the bonus.
The technology transfer fee received by the defentant is not as much as
stated by the plaintiff. As the plaintiff did not participate in the work of
transferring this technology, he is not entitled to claim the money awards. 
                                       
The third parties Zheng Wenshen & Gong Huifeng state: Although the plaintiff
had taken the office of project leader, he did not do his best in completing
his duty. The distribution of the bonus should be made in accordance with the
existing practice by which the unit shall draw 30% and the rest should be
distributed equally. The plaintiff did not participate in the work of
transferring this technology, therefore, he is not entitled to claim the
money awards.                                
                                       
The Xuanwu District People's Court ascertains by conducting public hearings
the following:                                
                                       
The plaintiff Xu Yongbei is formerly a research personnel of the Institute.
In October 1981, the defendant decided that the plaintiff and the third
parties should form a project group to conduct research on and development of
the  new technology and equipment for the continual emulsification of
cosmetics (hereinafter referred to as the new emulsification equipment) with
the plaintiff as the project leader. In June 1982, the Light Industry
Dep

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