10
2025-01
The main differences between the second instance of criminal proceedings and the first instance focus on the following six aspects.
2025-01-10
10
2025-01
Perspective | Research on the Responsibility for Traffic Accidents Involving "Designated Drivers"
In recent years, with the continuous increase in the number of cars in our country and the intensified crackdown on drunk driving, the ride-hailing industry has emerged as a common service in people's lives. However, while ride-hailing services bring us convenience, they have also led to a series of traffic accident disputes. Relevant data shows that the incidence of ride-hailing accidents has been on the rise in recent years, and the resulting disputes over liability have been numerous. Why is the determination of liability in ride-hailing traffic accidents so tricky? Behind this are both the complexity of the ride-hailing industry itself and the inadequacy of legal regulations. Different types of ride-hailing services, such as platform ride-hailing, private ride-hailing, and hotel ride-hailing, have entirely different legal relationships behind them; meanwhile, current laws have ambiguities in certain details regarding the definition of liability in ride-hailing accidents, which often leads to conflicting claims from all parties involved in actual dispute resolution.
2025-01-10
07
2025-01
With the continuous development of our country's capital market and the increasing number of enforcement cases, the situation involving the compulsory enforcement of shares held by directors, supervisors, and senior management of listed companies is also on the rise. However, due to the special nature of listed company stocks and the unique circumstances of multiple regulations, whether the restricted shares held by directors, supervisors, and senior management can be enforced has become a gray area in judicial practice. Based on this, we have sorted out the relevant regulations regarding the compulsory enforcement of restricted shares held by directors, supervisors, and senior management of listed companies for your reference.
2025-01-07
07
2025-01
Perspective | Research on the Responsibility for Traffic Accidents Involving "Designated Drivers"
In recent years, with the continuous increase in the number of cars in our country and the intensified crackdown on drunk driving, the ride-hailing industry has emerged as a common service in people's lives. However, while ride-hailing services bring us convenience, they have also led to a series of traffic accident disputes. Relevant data shows that the incidence of ride-hailing accidents has been on the rise in recent years, and the resulting disputes over liability have been numerous. Why is the determination of liability in ride-hailing traffic accidents so tricky? Behind this lies the complexity of the ride-hailing industry itself, as well as the inadequacy of legal regulations. Different types of ride-hailing services, such as platform ride-hailing, private ride-hailing, and hotel ride-hailing, have entirely different legal relationships behind them; meanwhile, current laws have ambiguities in certain details regarding the definition of liability in ride-hailing accidents, which often leads to conflicting statements from all parties involved in actual dispute resolution.
2025-01-07
07
2025-01
On August 27, 2024, the Supreme People's Court officially issued the "Reply on the Validity of Provisions Regarding the Payment Condition of Third-Party Payments between Large Enterprises and Small and Medium-sized Enterprises" (hereinafter referred to as the "Reply"). This document clearly provides a negative evaluation of the validity of agreements that involve large enterprises and small and medium-sized enterprises using third-party payments as a payment condition. It also offers guidance on how to determine payment deadlines and breach of contract responsibilities after such provisions are deemed invalid. The issuance of this Reply aims to further regulate the practice of large enterprises, as general contractors, transferring the risk of payment to small and medium-sized enterprises, which are downstream suppliers. This is intended to guide and promote the healthy and orderly development of the entire construction market chain, helping all market participants, especially small and medium-sized enterprises that lack market voice, to overcome difficulties together.
2025-01-07
07
2025-01
Perspective | Research on Issues Related to Burden of Proof in Unjust Enrichment Cases
In our country's civil law system, debts can be classified into statutory debts and contractual debts based on whether the parties are allowed to exercise their autonomy in establishing the debt and its content. Debts arising from unjust enrichment are classified as statutory debts. The Civil Code has specific and clear provisions regarding the composition of unjust enrichment; however, there are still many questions and controversies in practice regarding the allocation of the burden of proof for unjust enrichment. This article analyzes these issues based on legal provisions, judicial cases, and more.
2025-01-07
07
2025-01
After both parties have mediated a divorce without disputes, if the male party's parents file a lawsuit for a marriage property dispute against the female party and her parents, the "subjective scope of res judicata" should be applied to determine that the parties in the subsequent lawsuit are the same as those in the previous lawsuit, thus constituting a duplicate lawsuit. Consequently, the court should rule to "dismiss the lawsuit."
2025-01-07
07
2025-01
Perspective | A Brief Discussion on the Enforcement of Increased Fines by the People's Court
In administrative penalties imposed by administrative agencies that involve monetary payment obligations, there is usually a notification stating: "If payment is not made by the due date, an additional penalty of 3% of the fine amount will be imposed daily." In judicial practice, different administrative agencies, based on the same laws, have made varying regulations regarding whether a separate decision for additional fines is necessary and what procedures should be followed to impose such additional fines. Furthermore, people's courts in various regions have also issued different judicial rulings on the enforcement applications for additional fines from administrative agencies. Therefore, the author believes it is necessary to sort out and analyze the legal application of additional fines to provide some reference for non-litigious administrative enforcement.
2025-01-07
02
2025-01
在反垄断法的框架下，相关市场界定是评估企业行为是否构成垄断的核心环节。然而，中国、美国、欧洲在此问题上展现出了一定差异，不仅体现在各自构建的相关市场界定的法律体系上，还深入到指导原则、具体方法和实践案例之中。本文旨在通过对比分析这些差异，揭示其背后的法律逻辑、经济考量及实践挑战，以期为中国企业在国际市场中合规经营、有效应对反垄断审查提供有益的参考。
2025-01-02
02
2025-01
Perspective | A New Execution Model for Real Estate "Transfer with Seal"
During the execution process, the auction and sale procedures for seized properties are often uncertain, making it difficult to achieve the execution objectives. To optimize the disposal process, the Lixia District People's Court in Jinan has innovatively proposed new business methods for real estate, including "transfer with seizure" and "financing with seizure."
2025-01-02
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
