31
2024-12
The first paragraph of Article 88 of the new Company Law, which will be implemented on July 1, 2024, states: "If a shareholder transfers equity for which the capital contribution has been subscribed but the contribution period has not yet arrived, the transferee shall assume the obligation to pay the capital contribution; if the transferee fails to pay the capital contribution in full and on time, the transferor shall bear supplementary liability for the unpaid capital contribution by the transferee." The fourth article of the concurrently implemented "Several Provisions of the Supreme People's Court on the Temporal Effect of the Application of the Company Law of the People's Republic of China" stipulates that the first paragraph of Article 88 of the new Company Law has retroactive effect.
2024-12-31
31
2024-12
The non-performing assets of personal loans in small and medium-sized banks include various forms such as personal consumption loans, personal business loans, personal housing loans, and credit card overdrafts. These refer to the amounts in personal loans that have not been repaid on time as agreed. In recent years, influenced by economic fluctuations and the continuous expansion of the personal credit market, the scale of non-performing personal loans has surged dramatically, becoming an important aspect of the financial market that cannot be ignored.
2024-12-31
31
2024-12
The confirmation of members of rural collective economic organizations is a complex task that requires practical consideration and specific analysis of individual issues. There is currently no unified standard for this. Therefore, Article 11 of the "Rural Collective Economic Organization Law" is very much open to discussion.
2024-12-31
31
2024-12
This article focuses on the "Reply of the Supreme People's Court on the Effectiveness of the Clause Requiring Third-Party Payment as a Precondition for Payment in Agreements between Large Enterprises and Small and Medium Enterprises" (Fa Shi [2024] No. 11). It combines four contract dispute cases to deeply analyze the specific application of this reply in judicial practice. By examining the reasoning and outcomes of each case, it elucidates the important role of this reply in safeguarding the legitimate rights and interests of contracting parties and regulating market transaction order. Additionally, it explores the insights brought by this reply in practice, providing references for handling similar contract disputes and promoting fairness and stability in market transactions.
2024-12-31
31
2024-12
As of April 26, 2024, there are 302 valid laws in our country, categorized by legal departments, including 1 Constitution, 52 laws related to the Constitution, 24 civil and commercial laws, 97 administrative laws, 85 economic laws, 28 social laws, 4 criminal laws, and 11 procedural laws for litigation and non-litigation. The economic law department generally refers to a legal department that conducts overall, systematic, comprehensive, and integrated adjustments of socialist market economic relations. Laws such as the "Deed Tax Law," "Corporate Income Tax Law," "Accounting Law," "Asset Evaluation Law," "Budget Law," and "E-commerce Law" all belong to the economic law department. The 85 economic laws and their related regulations, rules, and normative documents constitute a vast legal system, forming the legal sources for the majority of market economic relations and compliance in economic activities. In practice, civil and commercial lawyers rarely handle civil and commercial cases while also considering the relevant economic laws and their regulations, rules, and normative documents. However, in the case of the People's Court of Qianhai Cooperation Zone, Shenzhen (2023) Yue 0391 Min Chu 10000, regarding the shareholder's right to know dispute involving Jiang and a certain company in Shenzhen, the application of economic law department laws and regulations addressed issues in civil and commercial cases.
2024-12-31
31
2024-12
A wholly state-owned company refers to a limited liability company or a joint-stock company that is solely funded by the state, with an institution fulfilling the responsibilities of the investor. Whether the investor of a wholly state-owned company is subject to the provisions of Article 23, Paragraph 3 of the new Company Law, which states that "in a company with only one shareholder, if the shareholder cannot prove that the company's assets are independent from the shareholder's own assets, they shall bear joint liability for the company's debts," there are currently two viewpoints in judicial practice regarding the joint liability for the debts of wholly state-owned companies.
2024-12-31
31
2024-12
In the process of granting and confirming design patents, the issue of combining design features in existing designs often arises. At this point, how to delineate design features and how to combine them often becomes one of the focal points of examination. In the process of declaring a patent invalid, the requester often combines elements such as "lines," "geometric shapes," and "positional relationships" from the prior art as design features to challenge the patent's eligibility. However, these elements are often considered as "design concepts" and cannot be combined with design features. This article aims to analyze this issue.
2024-12-31
31
2024-12
A scientifically and rationally defined division of responsibilities and expenditure between governments, as well as a streamlined fiscal distribution relationship among various levels of government, plays a strategic role in the new round of comprehensive deepening reforms. This article is based on the actual situation in Shandong, starting from the legal connotation of responsibilities and expenditure, and empirically analyzes the current status of the division of responsibilities and expenditure between local governments in Shandong Province. It further delves into the problems existing in the allocation of responsibilities and expenditure among local governments in Shandong Province, combined with data, and proposes corresponding countermeasures and suggestions.
2024-12-31
31
2024-12
Recently, the Supreme People's Court issued the "Interpretation on Tort Liability (I)" which clarifies the tort liability issues concerning individuals without civil capacity and those with limited civil capacity. The liability for instigation of tort requires clear instigation actions, the commission of a tort by the instigated party, a causal relationship, and liability capacity. Assisting in a tort refers to providing substantial help or convenience, knowing that another party is committing a tort, thereby facilitating the occurrence of the tort. In practice, there are difficulties in evidence collection and fact determination, and there are disputes regarding the application of law and the division of liability, necessitating continuous exploration and improvement of relevant legal systems by the legal community.
2024-12-31
31
2024-12
Perspective | Changes in Child Custody Relationships
The change in child custody relationships holds significant importance in the field of family law, as it pertains to the vital interests of children and the stability and balance of family relationships. This article aims to comprehensively analyze this legal system by delving into the concept, circumstances, legal basis, procedures for change, and the legal effects following the change of child custody relationships. It seeks to provide valuable references and guidance for judicial practice and the handling of family relationships, ensuring that children grow up in a healthy and supportive environment.
2024-12-31
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
