Japanese Enterprises Service, Corporation and Investment, Civil and Commercial Dispute Resolution,
Lawyer Chen Wenwei is mainly engaged in the comprehensive business of Japanese enterprises.
Lawyer Chen Wenwei has handled many difficult cases for clients during his more than 20 years of legal practice,including automotive product quality issues,mobile phone product quality issues,and investment withdrawal cases with an underlying amount of 4 billion yen.Among them,influential cases such as Mitsubishi Motors'auto recall case,the first domestic compulsory liquidation case,have been widely reported.As a legal advisor to many Fortune 500 companies(such as Goldman Sachs,Toyota Motor,Mitsubishi Electric,etc.),I am skilled in handling the daily business of the company,including the confirmation or production of various contracts and company rules and regulations,enterprise establishment,mergers and acquisitions,liquidation and dissolution,product liability,anti unfair competition,compliance management,labor disputes,etc.,in order to provide customers with practical solutions and be trusted by customers.
Lawyer Chen Wenwei started pushing legal event books to clients as early as 2007,and has so far pushed over 700 issues;In 2017,it set up a personal official account"Classical Speech"to conduct legal analysis on social hot issues and judicial cases;Later,in 2021,a law popularization weekly was opened on the official official account of Gaopeng Law Firm to publicize legal issues in life,which has a good reputation and popularity among customers and readers.
Lawyer Chen Wenwei joined the law industry in 1999 and joined Gaopeng Law Firm in 2012
Before joining Gaopeng,he worked as a lawyer and senior partner lawyer at Shanghai Yishi Law Firm and Shanghai Xiaoyun Law Firm
University of Kyushu, Japan
China University of Political Science and Law
Member of Shanghai Economic Working Committee of Civil Construction
Lecturer at China Europe International Business School
Lecturer at Dianjing.com, China University of Political Science and Law
Member of the Economic Law Professional Committee of the All China Lawyers Association
Selected by the Ministry of Culture as the "Excellent Lawyer" in Dream Chasing China
Goldman Sachs, Toyota Motor, Aixin Precision Machinery, Electric Packaging, Toyota Textile, Mitsubishi Electric, Imperial, Tokyo Marine Insurance, Reisa, Hitachi, Ricoh, Yineng Shi, Huayangtang Department Store, TOTO, Canon, Epson, Daimleu Chemical, Mitsubishi Integrated Materials, Mitsubishi Tanabe Pharmaceutical, Astera, Sino-foreign Pharmaceutical, Meiji Pharmaceutical, Shinyue Chemical, etc
Provide full legal support for a customer's acquisition of a pharmaceutical trading enterprise in Beijing
Provide legal services for a customer to purchase a pharmaceutical trading enterprise if it is necessary to conduct a foreign investment safety review
Provide full legal services for a customer to establish a pharmaceutical trading enterprise in a city in China and establish branches in Beijing and Shanghai
Provide legal advice for a customer's organizational structure adjustment
Provide legal services for a client to conduct clinical drug trials in China
Provide legal services for a customer to distribute imported drugs in China
Provide legal support for a customer to terminate a drug distribution agreement with an overseas pharmaceutical company
Update the anti commercial bribery and anti-corruption manual for a customer
Provide legal advice on whether a clinical trial conducted for a client should comply with relevant regulations on the use of human genetic resources in China for international cooperative scientific research
Provide legal support for a customer to apply for a medical device registration certificate
Provide legal consultation for applying for medical device production license and product registration certificate for Meitong contact lenses produced by a domestic enterprise
Provide legal advice on whether a Japanese company needs to apply for a medical device registration certificate for medical mattresses
Provide consultation, litigation, and related administrative procedures for a Japanese enterprise to revoke the medical device registration certificate of a domestic agent
Assist a customer in investigating the sale of their medical device products to medical institutions after being illegally modified
Conduct an investigation on counterfeit products on the market for a Japanese funded enterprise, and assist government agencies in banning them
Providing legal advice and filing administrative reconsideration for customs and public security investigation and handling of MR medical devices imported by a Japanese funded enterprise
On behalf of the client, file an administrative review with the State Drug Administration regarding the continued registration of their Class III medical devices
Acting as an agent for a well-known Japanese department store, we handle about 20 consumer complaints, professional fraud disputes, or lawsuits every year
Acting as an agent for an enterprise to handle a so-called spontaneous combustion dispute of an all-in-one machine, the consumer ultimately did not receive compensation or file a lawsuit
Acting as an agent in a well-known enterprise's air conditioning quality dispute case, the consumer withdrew the lawsuit without compensation
In two tire quality dispute cases handled on behalf of a well-known tire manufacturer, the plaintiff withdrew the lawsuit without compensation
Acting as an agent for a well-known brand TV in handling a fire accident quality dispute, the judgment only supported 40% of the claim amount
Acting for a well-known brand of mobile phone product quality disputes in response to media
The plaintiff withdrew the lawsuit in two quality disputes related to airbags handled on behalf of a vehicle company without compensation
Acting as an agent for a car company in a major traffic accident that caused multiple deaths and injuries, resulting in a product quality claim, and successfully settled the case
Acting for a car company in handling a brake system quality lawsuit, successfully settling the case
Acting for a car company to handle a car quality dispute, and the consumer withdraws the appeal
Acting for a multinational computer manufacturer to handle computer fire accident quality disputes
Acting as an agent for over ten lawsuits/arbitrations in product liability disputes (including imported automobile quality disputes) of a multinational automobile company
Acting as an agent for over 30 lawsuits/arbitrations in product quality disputes (including imported automobile quality disputes) of a multinational automobile enterprise
Acting as an agent in five lawsuits/arbitrations for product quality disputes (including imported automobile quality disputes) of a multinational automobile company
Acting as an agent for quality claims arising from disputes over international goods sales contracts with a company
Acting as an agent for a solar film production enterprise to deal with quality claims from end users (settled at 10% of the claimed amount)
Lecture on legal practice and risk prevention of labor and personnel management for a group customer
Develop a labor and personnel management compliance manual for a group customer
Comprehensively modify employment rules and other labor and personnel management rules and regulations for multiple customers
Provide a plan for employee placement in a company's equity transfer and participate in the implementation of employee placement
Provide full legal services for a client's layoff and employee placement and participate in employee negotiations
Provide full legal services for a client's layoffs and act as an agent for labor arbitration procedures
Conduct a labor and personnel compliance investigation for a group customer, review rules and regulations, issue a compliance report, and propose rectification suggestions
Provide full legal consultation for a Japanese funded enterprise in handling related party transactions between directors and senior management personnel and develop a "Conflict of Interest Management Specification" for it
Provide personal information protection and compliance consulting services for a customer during labor employment
Provide relevant legal services for a company due to employees stealing official seals
Provide legal services for issues related to a company's entry into a competitor's job after an employee leaves the company
Provide legal advice on a company's troubles with frequent high-tech poaching by competitors
Provide legal services related to employee competition restriction and confidentiality for a company
Provide legal services for a customer to investigate and handle the cancellation of the labor contract of the head of the office due to forged seals
Handle legal matters related to accidents of employees during business trips in Wuhan for a company
Provide legal advice to a client on the issue of terminating the labor contract of employees with mental illness
Handling dozens of labor dispute arbitration and litigation cases on behalf of customers
Assist the Japanese side in successfully completing the delisting and equity transfer procedures of Chinese state-owned equity in a Sino Japanese joint venture company
In the equity transfer of a Sino Japanese joint venture electronics company, responsible for drafting board resolutions related to the transfer of Chinese equity, revising the joint venture contract, and the articles of association
Acting as an agent for a large Sino Japanese joint venture automotive parts company in a series of financing disputes with financial institutions such as Everbright, involving a total amount of 150 million yuan due to Chinese shareholders' embezzlement of official seals
Assist the Japanese shareholder of a Japanese wholly-owned company to transfer its equity to a domestic natural person and complete the equity transfer procedures
During the equity transfer of a Sino Japanese joint venture automobile parts company, I assisted the foreign party in confirming the process, submitting notarized certification materials, assisting in signing contracts, making payments, and obtaining delivery vouchers, and successfully completing the delisting and subsequent procedures
Provide full legal services for a Japanese pharmaceutical company to acquire a pharmaceutical trading enterprise in a Chinese city
Reorganization of three Chinese subsidiaries of a famous Japanese brand automobile (absorption and merger, establishment of branch companies)
Merger and absorption of affiliated enterprises (parent company and subsidiary company) invested by a Japanese enterprise in China
Reorganization of a subsidiary established by a well-known Japanese enterprise in China (absorption and merger of parent company and subsidiary company, employee transfer)
Reorganization of a subsidiary established by a well-known Japanese enterprise in the China (Shanghai) Pilot Free Trade Zone (absorption and merger, employee transfer)
Reorganization of a subsidiary established by a Japanese company in China (employee placement, company merger)
Reorganization of a well-known Japanese funded enterprise in China accompanied by business transfer (equity transfer, capital increase, company liquidation)
Handling the equity inheritance of a Chinese subsidiary due to the division of the headquarters of a well-known Japanese enterprise
Restructuring of a Chinese subsidiary of a Japanese company (employee placement, liquidation, equity transfer)
Restructuring of a Chinese subsidiary of a Japanese enterprise (capital increase, transfer of Chinese equity (state-owned equity), etc.)
Reorganization of a Chinese subsidiary of a Japanese enterprise (relocation, employee placement, capital increase, transfer of Chinese equity (state-owned equity), etc.)
Provide early legal consultation and investigation services for a Japanese company to acquire or establish a joint venture in China
Provide legal services for a Japanese company to open a factory in China and sign relevant agreements with the government
Provide full legal services for a Japanese enterprise to establish an investment company in China
Provide early legal services for a Japanese pharmaceutical company to establish an investment company in Beijing
Provide legal services for the safety review of foreign investment encountered by a Japanese funded enterprise in the acquisition of a pharmaceutical trading enterprise
Set up a pharmaceutical trading enterprise in China for a Japanese pharmaceutical company and set up branches in Beijing and Shanghai for it
Providing legal advice for a Sino Japanese joint venture to establish a subsidiary
A Sino Japanese joint venture in Hexi District, Tianjin was dissolved due to the expiration of its business term (employee placement, liquidation)
Employee placement and dissolution (employee placement and liquidation) of a Sino Japanese joint venture in Tianjin Nankai District before the expiration of its business term
The Chinese side withdrew from a Sino Japanese joint venture in Hongqiao District, Tianjin (employee placement, withdrawal of state-owned shares, equity transfer)
A Japanese funded enterprise in Hedong District, Tianjin was dissolved before the expiration of its business term (employee placement, liquidation)
A Japanese funded enterprise in Wuqing District, Tianjin is suspended (employee placement) and dissolved before the expiration of its business term (employee placement, liquidation)
Dismissal of individual departments of a Japanese funded enterprise in Xiqing District, Tianjin (employee placement), and Japanese withdrawal (employee placement)
Chinese side withdraws from a Sino Japanese joint venture in Tianjin Nankai District (state-owned assets withdrawal, equity transfer)
The Chinese side withdraws from a Sino Japanese joint venture in Tianjin Free Trade Zone (state-owned assets withdrawal, equity transfer)
A Sino Japanese joint venture in Xiqing District, Tianjin was restructured (employee placement) and dissolved due to the expiration of its operating period (employee placement, liquidation)
The Japanese side of a Sino Japanese joint venture in Hebei District, Tianjin withdrew (employee placement, equity transfer)
The production line of a Sino Japanese joint venture in Hebei was shut down (employee placement), and the Japanese side withdrew (employee placement)
On a certain day in Hebei, the enterprise was closed down (employee placement) and dissolved before the expiration of its business term (employee placement)
Chinese equity mortgage, Chinese withdrawal (equity mortgage, equity transfer) of a Sino Japanese joint venture in Zhejiang
"Marketing Services: The Hard Truth for the Development of the Lawyer Industry - On the Marketing Services of Law Firms", Issue 7, 2006, China Lawyers magazine
"China Lawyer" magazine, Issue 9, 2006, "Brief Discussion on Basic Transaction Contract Fraud in the Exception Principle of Letter of Credit Fraud"
"Exclusive Transaction Agreements: Promoting or Reducing Competition", Issue 10, 2008, China Lawyer magazine
"On the Writing of Foreign-related Commercial Judgment Documents", an additional issue of People's Justice magazine in the first half of 2010
"On the Recall System of Defective Products in China: Taking the Recall System of Defective Products in the United States as a Clue"
Fang Yuan Law Magazine, July 2015, "Ten Years from now, the Lawyer Industry Does Not Need a" Big Firm "
Enterprise Marketing Risk Control Guide
Case Set: Human Resources
Case Set: Enterprise Risk
Practical Operation of Anti monopoly Law
- Chinese
- Japanese
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2024 10/10
Is the owner responsible for repayment if WeChat is borrowed by someone else?
The establishment of a private lending relationship must meet two requirements: one is the agreement of the loan, and the other is the delivery of the funds. The court hears such cases, focusing on examining the loan agreement, restoring the true intentions of the borrower and lender, and making a judgment based on the statements and relevant evidence of both parties.
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2024 09/24
What should I do if my employer's dissolution encounters occupational health check ups?
Company A is a chemical enterprise with many occupational hazards in the workplace. More than 100 employees who have established labor relations with Company A are engaged in operations that involve exposure to occupational hazards. Due to operating losses, Company A has decided to dissolve early on March 31, 2024 (hereinafter referred to as the "dissolution date") and terminate labor relations with all employees on the dissolution date. In early February 2024, Company A organized pre departure occupational health examinations for employees engaged in operations exposed to occupational hazards. The results showed that one person was "suspected of having an occupational disease", five people were "re examined", three people had "occupational contraindications", and the rest were "normal" or "other diseases or abnormalities". Due to employees' long-term exposure to occupational hazards, more than 50 employees requested that Company A arrange for them to undergo occupational disease diagnosis after receiving personal occupational health examination reports, and demanded that Company A not terminate their employment relationship on the dissolution date.
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2024 09/20
Can judicial appraisal institutions only be selected from the appraisal list?
Judicial appraisal refers to the activity in which appraisers use scientific technology or specialized knowledge to identify and judge specialized issues involved in litigation, and provide appraisal opinions. At present, the business scope of institutions listed in the judicial appraisal directory includes forensic pathology appraisal, forensic clinical appraisal, forensic toxicology appraisal, forensic physical evidence appraisal, human disability level appraisal, trace appraisal, document appraisal, electronic data appraisal, air pollution environmental damage appraisal, soil and groundwater environmental damage appraisal, other environmental damage appraisal, asset evaluation, construction project cost evaluation, accounting audit, product quality testing, etc.
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2024 09/10
Non compete restrictions need to be cautious and not let agreements become empty words
In today's increasingly fierce business competition, non compete agreements have become an important means for enterprises to protect their trade secrets and competitive advantages. However, the signing and execution of non compete agreements are not smooth sailing, and there are many problems that need to be treated with caution. Below, we will delve into several common issues in non compete restrictions through a case study.
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2024 09/04
Revocation of company union
A certain company has decided to dissolve in advance and relocate its employees. In the process of resettlement, issues such as the cancellation of trade unions, property liquidation management, and membership of trade union members are often overlooked. Here is an introduction:
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2024 08/28
Should employers compensate employees for not taking paternity leave?
The population and family planning regulations in various regions stipulate that couples who give birth in accordance with laws and regulations are entitled to maternity leave, with the female party enjoying maternity leave and the male party enjoying a certain number of days of paternity leave or nursing leave (collectively referred to as "paternity leave" in this article, except for cases cited). During the period when the male party enjoys paternity leave, the employer should pay his salary accordingly. In real life, if a male employee does not take or does not take sufficient paternity leave when his wife gives birth, should the employer compensate him by converting his salary? At present, there are no clear provisions in laws and regulations, and there are also different opinions in judicial rulings.
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2024 08/23
How to determine the salary during the suspension period?
Cao established a labor relationship with Company A. In June 2023, Cao's left hand was injured by equipment while working. On the same day, Cao was hospitalized for treatment. The hospital's diagnosis of the injury recommended that Cao stop work and rest for 6 months. Later, it was determined by the social security bureau in the location of Company A that the accident injury suffered by Cao was a work-related injury. During the period when Cao suffered from an accident injury and needed to suspend work for treatment, Company A paid him wages during the suspension period based on Cao's average salary (excluding overtime pay) for the twelve months prior to the injury in June 2023. However, Cao believed that Company A's exclusion of his overtime pay resulted in a decrease in his wages during the suspension period, and therefore applied for labor arbitration to request Company A to reissue his wages during the suspension period.
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2024 08/05
Who should be held responsible for the authenticity of the shareholders?
A is a relative of B, and at B's request, helped B hold shares of Company A on behalf of him, and was registered as a shareholder of Company A. Unexpectedly, one day, A received a notice from the court that due to A company's failure to repay its external debts, A was sued by creditors for not actually contributing capital and demanded that A, as a shareholder, repay the company's debts. Coincidentally, Xiao Zhang is a foreign Chinese. Due to investment policy restrictions, as an anonymous shareholder, Xiao Zhang asked a friend to hold his shares in Company A. However, over time, when a friend saw that Company A had a considerable dividend, he had the idea of occupying the nest of magpies. Xiao Zhang was very anxious and hoped to confirm his identity as a real shareholder.
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2024 07/31
Interpretation of the Management System for Registered Capital Registration
On July 1, 2024, the revised Company Law will be implemented, and the subscribed capital system for limited liability companies will be adjusted to a deadline for full payment (within five years from the date of company establishment), while joint stock limited liability companies will be uniformly adjusted to a paid in system. The new Company Law also stipulates that "for companies registered and established before the implementation of this Law, if their capital contribution period exceeds the period stipulated in this Law, they shall gradually adjust to within the period stipulated in this Law, except as otherwise provided by laws, administrative regulations or the State Council. In this context, the State Council has introduced the "Management System for Registered Capital Registration". The main contents of the "Management System for Registered Capital Registration" include:
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2024 07/23
How should creditors protect their rights against outstanding debts after the company is deregistered
Company A and Company B filed a lawsuit in court due to a dispute over the purchase and sale contract of goods, and the court ruled that Company A shall compensate Party B for losses of more than one million yuan. During the compulsory execution process, Company A quietly processed the cancellation registration without paying off the above-mentioned debts or notifying Company B to declare its creditor's rights. Upon discovery, Company B, based on the commitment letter submitted by Company A's shareholders to the registration authority during the cancellation process stating that "all debts have been fully repaid, and if the commitment is untrue, I will repay them myself", applied to the court to add or change Company A's shareholders as the executed party, and ultimately successfully obtained compensation.
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2024 07/17
Placement of female employees in the "third phase" of company dissolution
Female employees in the "three periods" refer to those who are in the "pregnancy, childbirth, and lactation period". When female employees are in the "three phases", employers should provide special protection and treatment to female employees in accordance with the Labor Law, Labor Contract Law, Law on the Protection of Women's Rights and Interests, Special Provisions on the Labor Protection of Female Employees, and other legal provisions. Can "Phase III" female employees be resettled in the event of company dissolution, and how to provide special protection for female employees during the resettlement process.
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2024 07/05
Can I file a lawsuit and request to resume joining the group chat after being kicked out?
Xiao Li is the owner of a certain community, and Xiao Zhang is the head of the owner committee, responsible for managing the owner's WeChat group on a daily basis. One day, Xiao Li posted a message on the owner's WeChat group condemning the property management company, feeling that the service quality was low. Some other owners felt that the property management had always provided good service, and it was Xiao Li who was causing trouble for no reason. Therefore, Xiao Li argued with multiple owners in the group and began to insult them. As an administrator, Xiaozhang kicked Xiaoli out of the group chat upon seeing this. Xiao Li was dissatisfied and repeatedly requested to rejoin the group, but was not approved. Xiao Li felt that Xiao Zhang had abused his authority as a manager and caused himself to lose face in front of other homeowners. Therefore, he sued and demanded that Xiao Zhang restore his membership in the homeowner's WeChat group, apologize and compensate 2000 yuan for mental damages.
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2024 06/27
Identification of senior management personnel
According to the Company Law, "Senior management personnel refer to the manager, deputy manager, financial manager, secretary of the board of directors of a listed company, and other personnel specified in the company's articles of association.". The Regulations on the Administration of Registration of Market Entities stipulate that market entities shall register with the registration authority for the registration of senior management personnel. It doesn't seem difficult to identify senior executives of a company based on this. However, due to some companies setting up positions with names that are inconsistent with the aforementioned regulations, such as Vice President, Assistant to the President, CEO, CFO, etc., some companies have not filed their executives in accordance with the law, which often leads to disputes in determining the scope of executives, especially in cases where executives need to be held accountable for their loyalty and diligence obligations to the company, the identification of executives is particularly important. So, how does judicial practice grasp the identification of executives?
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2024 06/18
The Path of Company Cancellation under the New Company Law
The newly revised Company Law will be implemented on July 1, 2024. Due to the revision of the company contribution system in the new Company Law, it is expected that a large number of companies that have not paid in their capital or have not actually operated for a long time will be deregistered. There are several paths for company deregistration under the new Company Law:
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2024 06/14
How to protect the rights of unlabeled imported food purchased online?
Zhu heard that a health product produced by a foreign manufacturer has beauty and skincare effects, but because the product is not sold in China, Zhu purchased a box from a cross-border e-commerce platform's overseas shopping store for trial and spent 350 yuan. On the fifth day after placing the order, Zhu received the health products shipped from the store. The appearance of this health product is the same as the pictures displayed in the store, but there are no Chinese labels and instructions on the outer packaging. Zhu believes that imported health products do not have Chinese labels and instructions, which do not comply with China's food safety regulations. He requests a refund of 350 yuan and compensation of 3500 yuan from overseas shopping stores. But the overseas Taobao store refused to refund or pay compensation on the grounds that Zhu had already been opened. Zhu filed a lawsuit against the platform provider and overseas Taobao store as defendants, demanding that (1) the overseas Taobao store refund the purchase price of the product; (2) Pay ten times the compensation for the product price to the overseas Taobao store; (3) The platform provider shall bear joint and several liability for compensation.
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2024 06/03
Legal Liability for Adverse Drug Reactions
Adverse drug reactions refer to harmful reactions that occur under normal usage and dosage of qualified drugs that are unrelated to the intended use of the drug or unexpected. Every medicine is three parts toxic, and adverse reactions to drugs have been accompanying them since their inception. The National Adverse Drug Reaction Monitoring Center recently released the "National Adverse Drug Reaction Monitoring Annual Report", which shows that in 2023, the National Adverse Drug Reaction Monitoring Network received a total of 2.419 million copies of the "Drug Adverse Reaction/Event Report Form". From 1999 to 2023, the National Adverse Drug Reaction Monitoring Network received a total of 23.275 million copies of the "Drug Adverse Reaction/Event Report Form". China has a sound system for reporting and monitoring adverse drug reactions, but currently there is no compensation/relief system for adverse drug reactions. In judicial practice, pharmaceutical companies, medical institutions, and other profit-making entities involved in cases need to bear responsibility for adverse drug reactions in the following situations:
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2024 05/29
What are the risks if an employee who has not renewed their labor contract still attends work and is accepted by the company?
On February 1, 2019, Zhang joined Company A to work in sales. Both parties signed a one-year labor contract. On January 31, 2020, the labor contract expired. The next day, Zhang continued to work at the company as usual, and Company A also accepted Zhang's work as usual, but neither party mentioned renewing the contract. In the following months, Company A also paid Zhang a normal salary. This situation lasted for more than half a year. One day, Company A informed Zhang that he would no longer be used for work, citing his recent poor performance. In addition, the labor contract between the two parties had already expired and they wanted to terminate the labor contract with Zhang. Zhang was very shocked and believed that the company had illegally terminated the labor contract, so he sued A company in court to demand economic compensation.
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2024 05/21
Data export under the Regulations on Promoting and Regulating Cross border Data Flow
On March 22, 2024, the State Internet Information Office announced the Provisions on Promoting and Regulating the Cross border Flow of Data (hereinafter referred to as the "Provisions"), which came into effect on the same day. This article provides a brief analysis of the triggering thresholds and exemption situations for the three compliance paths of data export under the Regulations.
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2024 05/13
The liquidation path of companies under the new Company Law
The newly revised Company Law will be implemented on July 1, 2024. The new Company Law adjusts the maximum subscribed capital period for shareholders of limited liability companies to five years, and requires existing companies to gradually adjust to this period. It also stipulates that directors who have not actually paid in capital may bear certain responsibilities; At the same time, the current liquidation system has also been revised, clearly stipulating that directors are the liquidation obligors of the company. Compared to the current provision that shareholders are the liquidation obligors, the liquidation obligation has been implemented to individual directors, which has stimulated the motivation for liquidation. In addition to triggering a wave of capital reduction, the above revisions are expected to also lead to the cancellation of a large number of companies that have not paid in capital or have not actually operated for a long time through liquidation procedures. Under the new Company Law, companies have the following liquidation paths:
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2024 05/07
How to achieve legal and reasonable unilateral salary reduction
Cui joined an insurance company in May 2023 and both parties signed a two-year labor contract. The labor contract stipulates that Cui works as a senior employee welfare planner at level three in the development department of group insurance, and his monthly salary consists of basic salary, performance and management bonus. The insurance company has formulated the Basic Management Measures for Group Insurance Sales Personnel (hereinafter referred to as the "Measures") through democratic consultation procedures and made it public to employees. According to the Measures, 50% of the basic salary of employee welfare planners is linked to monthly scores. Monthly evaluations will be conducted in four aspects: activity volume, team collaboration, attendance, and meeting training, and the corresponding basic salary amount for employees at each job level is specified. In October 2023, based on Cui's monthly evaluation results, the insurance company reduced his monthly salary by 900 yuan, and his rank was downgraded from Level 3 of Senior Employee Welfare Planner to Level 2 of Senior Employee Welfare Planner. In December 2023, Cui's monthly salary was once again reduced by 900 yuan, and his rank was downgraded by two levels, from Level 2 of Senior Employee Welfare Planner to Level 2 of Employee Welfare Planner.
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2024 04/16
Is it illegal for AI to resurrect the deceased?
Jia is engaged in the AI industry and recently discovered a way to make money. He discovered that there is a trend of AI "resurrecting" the deceased on the internet. So Jia began to advertise on a certain online trading platform, accepting commissions to use AI technology to create video images of deceased people. Sure enough, we have received orders one after another, some fans hope to "resurrect" their idols, some relatives hope to "resurrect" their deceased family members, and so on. Business is very busy. However, soon after, Jia received a complaint stating that his actions violated the deceased's right to portrait. But at the same time, Jia received many positive reviews from customers, saying that they were grateful for Jia's image materials, which allowed them to see the appearance of their loved ones again. Jia doesn't know what to do.
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2024 04/07
Shareholders' Right to Information under the New Company Law
The shareholders of a company are the investors and investors of the company, and are the ultimate owners of the company's assets. The main purpose of shareholders investing in and establishing a company is to obtain returns. Therefore, shareholders have the right to understand and be informed about the company's production and operation, earnings status, and other company affairs, which means they have the right to be informed. The current Company Law stipulates that shareholders of a company can access and copy the company's articles of association, shareholder meeting minutes, board meeting resolutions, supervisory board meeting resolutions, and financial accounting reports, and may require access to the company's accounting books. In previous judicial practice, there has been some controversy over whether shareholders have the right to access accounting vouchers and whether parent company shareholders have the right to access relevant materials of wholly-owned subsidiaries. The new revision of the Company Law has made relevant supplements to the provisions on the right to information of shareholders.
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2024 03/26
Linking economic compensation with worker contributions
A joined Company B in February 2014, and on April 26, 2019, Company B issued a notice of vacation to A, who did not return to work thereafter. On July 1, 2020, Party A terminated the labor contract with Company B. Afterwards, Company B entered bankruptcy liquidation proceedings, and Company A filed a dispute over the confirmation of employee bankruptcy claims due to objections to the calculation of economic compensation for terminating the labor contract based on vacation wages instead of normal working conditions wages. The case went through first instance, second instance, and retrial. Finally, the Supreme People's Court made a retrial ruling at the end of 2023, rejecting A's retrial application.
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2024 03/13
Analysis of China's closure system from the revision of the Company Law
Before 2021, there was no company dormancy system in China. In China, the closure of a company means it is deregistered or revoked. Since the implementation of the Company Law in 1994, it has undergone multiple revisions. In response to the closure of a company, it has always been stipulated that "if a company fails to open for more than six months without justifiable reasons after its establishment, or if it suspends business continuously for more than six months after opening, its business license shall be revoked by the company registration authority." The new Company Law, which came into effect on July 1, 2024 Revise the content to "If a company fails to open for more than six months without justifiable reasons after its establishment, or suspends business continuously for more than six months after opening, the company registration authority may revoke its business license, except for companies that have closed down in accordance with the law." Although only adding a proviso, it acknowledges the closure system established by Shenzhen in 2021 and the Administrative Regulations on the Administration of Market Entity Registration.
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2024 03/08
Significant Changes in Equity Transfer of Limited Liability Companies under the New Company Law
Before the revision of the Company Law, if shareholders wanted to transfer their equity to someone other than shareholders, they needed to first seek the consent of other shareholders, and only with the consent of more than half of the other shareholders could they proceed with the equity transfer. The new company law has abolished the requirement to seek consent, and instead stipulates that the transferor only needs to notify other shareholders in writing of the quantity, price, payment method, and deadline of the equity transfer. After receiving the notice, other shareholders may have the right of first refusal under the same conditions. If there is no response within 30 days from the date of receiving the written notice, it shall be deemed as a waiver of the right of first refusal. This change simplifies the process of equity transfer.
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2024 02/29
Can the company remove shareholders?
A certain limited liability company is jointly invested and established by shareholders A, B, and C. According to the company's articles of association, each shareholder has subscribed to 1 million yuan, with a contribution period of December 31, 2023. As of December 31, 2023, both A and B have paid their contributions in full and on schedule, with only C contributing 100000 yuan. When the company was preparing to urge C to pay its capital contribution, it was unexpectedly discovered that C had no property available for enforcement due to a personal loan dispute, and had just been included in the list of dishonest defendants by the court. The company has determined that C is currently unable to make up for the difference in capital contribution, so it wants to remove C. However, there have been internal disagreements within the company regarding whether C can be delisted. So, in this situation, can the company remove C from the list?
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2024 02/22
How to enforce the joint ownership of property between the debtor and non parties involved in the case?
After the civil dispute between Company A and Party B was resolved by an arbitration institution, Company A applied to the People's Court (hereinafter referred to as the "Enforcement Court") for enforcement due to Party B's failure to comply with the arbitration award. After the execution court filed the case, the jointly owned property of Party B and his spouse Party C was lawfully sealed. But the executing court believes that the property is jointly owned by Mr. and Mrs. B and cannot be directly auctioned off. Therefore, Company A filed a creditor's subrogation lawsuit for property division. It took more than two years to finally enter the auction process.
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2024 01/31
The New Company Law on Changes in Company Organizational Structure
The changes in the provisions of the new Company Law regarding the organizational structure of companies are as follows
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2024 01/16
Personal information leaving the country should undergo a personal information protection impact assessment in accordance with the law
At the end of September 2023, the Cyberspace Administration of China released the "Regulations on Regulating and Promoting Cross border Data Flow (Draft for Comments)" (hereinafter referred to as the "Draft for Comments"), which listed the situations where there is no need to declare data export security assessment, enter into personal information export standard contracts, and pass personal information protection certification, including the following exemption situations: (1) It is necessary to enter into and perform contracts to which an individual is a party, Personal information must be provided to overseas parties for cross-border shopping, cross-border remittances, flight and hotel reservations, visa processing, etc; (2) According to the labor rules and regulations formulated in accordance with the law and the collective contract signed in accordance with the law, it is necessary to provide personal information of internal employees overseas for human resource management; (3) In emergency situations, personal information must be provided overseas to protect the life, health, and property safety of natural persons; (4) Expected to provide personal information of less than 10000 people overseas within one year.
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2024 01/10
Can shareholders whose additional capital contribution period has not yet expired receive support as the executed party?
Both Party A and Party B are limited liability companies. Due to a dispute over the sales contract, both parties filed a lawsuit in court. The court ordered the termination of the sales contract, and Company A returned more than 2 million yuan in payment to Company B. After the judgment came into effect, Company B applied to the court for compulsory enforcement. After investigation, the court found that there was no property under Company A's name that could be enforced. Therefore, Company B applied to the court to add two natural person shareholders of Company A, C and D, as the enforced persons. After examination, the court found that Company C and Company D had subscribed their capital contributions and the deadline for their contributions had not yet expired. Therefore, the court ruled to reject Company B's additional application. Company B was dissatisfied and filed an objection to execution, but the court ultimately ruled against Company B's request.
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2024 01/03
Exploration of Employment Models under New Business Models
On August 11, 2020, Tian registered as a driver on the A company's driving platform through the e-driving driver app. Tian's working hours and locations are not fixed, and the remuneration he receives depends on the number of orders received. After completing the delivery, the customer pays the fee, and Company A charges a certain fee from it. On June 2, 2021, an accident occurred while Tian was receiving an order. Tian believed that the medical expenses, hospitalization meal subsidies, and other expenses generated by the accident should be borne by Company A, but Company A refused to bear them and thus filed a lawsuit. The labor arbitration, first instance, and second instance have all ruled to reject all of Tian's litigation claims. The focus of the dispute in this case is the determination of the legal relationship between Tian and Company A.
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2023 12/25
Qualitative analysis of fixed rate of return financial management
In 2020, Ms. Wang, Mr. Liu, and dozens of other investors signed a partnership agreement with a certain partnership enterprise for private fund investment and wealth management. The agreement stipulated that the partnership enterprise would pay dividends to investors at a fixed rate of return every six months. When the investment was due, the partnership enterprise would repay the principal and pay the final dividend. Due to the failure of the partnership enterprise to pay the payable dividends and principal upon maturity, investors intend to file a lawsuit to resolve the dispute, but do not know how to characterize fixed rate financial management and determine the cause of the lawsuit.
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2023 12/12
Can one spouse transfer equity without authorization?
Zhang and Li jointly invested 1 million yuan with their marital property to establish Company A with Zhang's friend, and their equity was registered under Zhang's name. Later, due to a strained relationship, the two of them prepared to divorce. Li proposed to transfer 70% of the equity of Company A held by Zhang and divide the proceeds of the equity transfer equally. Unexpectedly, after investigation, it was found that Zhang had secretly transferred 60% of his equity a year ago. Li then sued the court, requesting confirmation that Zhang's unauthorized transfer of equity was invalid. So, can Li's lawsuit be supported by the court?
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2023 12/07
Confidentiality qualification of weapon and equipment research and production units for military industry admission qualification
After the Third Plenary Session of the 18th Central Committee of the Communist Party of China put forward the clear requirements of "promoting deep development of military civilian integration" and "guiding advantageous private enterprises to enter the field of military research, production, and maintenance", China's military industry access system has changed accordingly. Many private enterprises want to explore the market in the military industry field, but due to the fact that the military industry is mostly classified, they want to participate in classified military industry projects, It is necessary to obtain the confidentiality qualification of weapon and equipment research and production units.
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2023 11/30
Can the accuser apply for revocation after filing a criminal accusation case?
Company A filed a criminal accusation with the public security organs on the grounds that its employees were suspected of embezzlement, and the public security organs filed the case after examination. However, during the investigation stage of the case, the employee actively negotiated with Company A to return the compensation, and both parties reached a compensation agreement, agreeing that Company A would apply to the public security organs to withdraw the case after the employee returned the compensation. Can Company A apply to the public security organs to revoke the criminal case in this case?
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2023 11/24
Is there any salary compensation for not taking wedding leave?
In early September 2023, after obtaining a marriage certificate, Li applied to the company for 10 days of marriage leave before the National Day holiday. The company did not agree to Li's application for marriage leave, nor did it agree to his subsequent application for extending marriage leave. Li is unsure if he can request compensation from the company for the unused marriage leave.
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2023 11/15
Looking at "Harming Ethnic Emotions" from the Revised Draft of the Public Security Management Punishment Law
Not long ago, a girl who was dressed up as an anime character while riding a bus was hit by a hot search for insults from passengers on the bus. Coincidentally, not long ago, the Guangzhou Metro issued a regulation prohibiting scary images such as "horror" and "blood stains" from dressing up or dressing up as "ghosts" on Halloween, which received unanimous praise. On August 28, 2023, China's "Public Security Management Penalty Law" was revised for the first time in 17 years. According to the revised draft of the "Public Security Management Penalty Law", the newly added behavior of "damaging national spirit and emotions" may become the target of punishment. This clause immediately attracted attention and discussion from all parties.
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2023 11/07
Interpretation of the Management Measures for the Review and Registration of Medium and Long Term External Debt of Enterprises and Supporting Documents
On January 5, 2023, the National Development and Reform Commission (hereinafter referred to as the "NDRC") issued the "Management Measures for the Review and Registration of Medium and Long Term External Debt of Enterprises" (Order No. 56 of the National Development and Reform Commission, hereinafter referred to as the "56 Document"), which was implemented on February 1, 2023, And the "Notice of the National Development and Reform Commission on Promoting the Reform of the Registration and Filing System for Enterprise Issuance of Foreign Debt" (FGWZ [2015] No. 2044, hereinafter referred to as the "2044 Document") has been abolished. On February 9, 2023, the National Development and Reform Commission simultaneously released the answers to common questions about enterprises borrowing medium and long-term foreign debts and the "Guidelines for Approval of Enterprises Borrowing Medium and Long Term Foreign Debts" (collectively referred to as the "56 supporting documents"). Please provide an explanation of the main content and related changes of Document No. 56 and its supporting documents.
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2023 10/24
Can the patent assignee claim rights for infringement before the transfer?
In April 2023, Company A and Company B signed a "Patent Transfer Contract", which stipulates that Company B will transfer, without limitation, all entities related to the patent right, whether before or after the transfer, to Company A. In May 2023, Company A submitted a request to the China National Intellectual Property Administration for the change of bibliographic items, requesting that the patentee be Company A. In July 2023, the China National Intellectual Property Administration issued the Notice of Conformity and approved the change. Now, Company A has been changed to the legal obligee of the patent. After receiving the patent, Company A discovered that Company A has been producing products that infringe on the patent since 2020. Therefore, Company A filed a lawsuit with the court requesting that Company A stop the infringement, compensate for economic losses, and maintain reasonable rights and expenses.
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2023 10/17
Who provides evidence for defects in medical products?
In December 2022, Du was admitted to the hospital due to a broken internal fixation plate implanted after a fracture surgery. After discharge, Du sued the hospital and the manufacturer of internal fixation steel plates to the court, demanding that they bear the responsibility for medical product defects. Due to the inability of existing evidence to prove the defects of the internal fixation steel plate, Du originally intended to apply for judicial appraisal to determine whether the internal fixation steel plate had defects. However, considering that the judicial appraisal fees would need to be paid by the applicant, Du was not well-off and faced a dilemma.
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2023 09/21
The Lending Behavior in Private Lending
Ms. Zhang works as the Vice President of Company A established by Mr. Li, and they have a very good relationship privately. Last year, due to the epidemic, Company A's business was greatly affected and faced difficulties in operation. So Mr. Li approached Ms. Zhang and said that the bank loan of Company A had already become overdue. He urgently needed a sum of funds to ease the situation. He managed to make ends meet, but there was still a shortfall of 400000 yuan. He hoped that Ms. Zhang could help him. Ms. Zhang doesn't have any extra funds on hand, but for the sake of her long-time friends, she still wants to help. So, Ms. Zhang thought of a credit loan and borrowed 400000 yuan from a certain bank in her own name, which was fully transferred to Company A's account on the day the loan was received. Mr. Li was deeply moved to learn that Ms. Zhang had borrowed money from a bank to help him. He immediately stated that the monthly principal and bank interest that Ms. Zhang should repay would be remitted by Company A to Ms. Zhang on a monthly basis. In addition, an additional interest of 2000 yuan per month would be given to Ms. Zhang. Both parties also signed a loan agreement on this matter. Unexpectedly, starting from the fourth month, Company A will no longer send remittances to Ms. Zhang. Mr. Li said that the company's operations have not improved and there is indeed no money left. This also led to Ms. Zhang's bank loan being overdue. Helplessly, Ms. Zhang sued the court and demanded that Company A fulfill its repayment obligations in accordance with the loan contract.
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2023 09/14
Recent Law Enforcement Observations on Network Security, Data Security, and Personal Information Protection
Recently, an administrative penalty decision made by a public security organ against a certain foot massage club has been widely circulated online. The reason why this administrative penalty decision has received widespread attention from society is that the basis for the public security organs to investigate and punish foot spas is the "Data Security Law", rather than the common "Public Security Management Penalty Law"; The illegal fact of punishment is that "the computer in this place stores the customer's name, mobile phone number, ID card number and other sensitive data without password, does not establish a data security management system, and does not take necessary measures to ensure data security".
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2023 09/06
Is it within the scope of PIA assessment for domestic companies to transmit employee information to overseas parent companies?
It has been two and a half months since the implementation of the "Personal Information Exit Standard Contract Measures" and the "Personal Information Exit Standard Contract Filing Guidelines (First Edition)" in June 2023. During this period, the author received inquiries and commissions from multiple multinational corporations regarding the issuance of Personal Information Protection Impact Assessment (PIA) reports and the filing of personal information export standard contracts. The author found that there is a unique but common phenomenon in multinational enterprises, which is that overseas parent companies will dispatch personnel who establish labor relations with them (hereinafter referred to as these personnel) to work in domestic subsidiaries. In this case, domestic subsidiaries collect such personnel information based on the necessity of human resource management and transmit it to the overseas parent company. Before conducting a personal protection impact assessment, the domestic subsidiary proposed that if the overseas parent company has collected such personnel information and the domestic subsidiary provides such personnel information cross-border to the overseas parent company through the standard contract filing path, does it not need to include such personnel information in the assessment scope?
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2023 08/29
What rights does AI face changing infringe upon?
Xiao Wang is an internet celebrity who loves ancient Hanfu and often posts photos and videos of it on a certain video website. He has numerous fans and has a considerable reputation both inside and outside the industry.
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2023 08/25
Who is responsible for escaping injuries in the secret room?
Liu and Li went to a secret room escape game store together to play. During the game, everyone was startled by the sudden appearance of a horror actor. The actor chased after the two according to the plot design. During the panic run, Liu fell and broke a bone. Afterwards, Liu believed that the narrow design of the venue, the pursuit of actors, and the overcrowding of Li were the reasons for his fall and injury. Therefore, he sued the operator of the secret room, Li, to the court.
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2023 08/15
How can a director of a limited company resign legally and in compliance with regulations?
According to the Articles of Association, A Limited Company has a total of three directors. At a recent board meeting, director Zhang had a dispute due to his different business philosophy from other directors. In a fit of anger, Zhang said that I would quit. The other directors thought that what Zhang said was angry and ignored it. Later, after careful consideration, Zhang decided to resign as a director, so he submitted his resignation to the company's legal representative and other directors through email, WeChat group, and mail. Afterwards, Zhang quickly joined Company B as the general manager. After learning about it, Company A sued the court on the grounds that Zhang's resignation as a director did not take effect and that Company A and Company B were engaged in similar businesses, demanding that Zhang continue to perform his director duties and transfer his income from Company B to Company A. So, is there a legal basis for Company A's lawsuit?
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2023 08/10
Is the full name of the person punished in the police's public gathering for sexual activity an infringement of privacy rights?
On May 16, 2023, the Hangzhou police released an administrative penalty decision on a case of gathering people for promiscuity online, which detailed the illegal facts and disclosed the full names of six punished individuals. This incident quickly sparked a heated discussion across the internet. Some netizens with the same name and surname commented on their experiences of "social death" as a result, while more netizens questioned whether the Hangzhou police's behavior was suspected of violating the privacy rights of the six individuals.
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2023 07/27
Legal Risks of Employers in "Private Car Public Use"
Due to the large number of employees in Company X who use private cars for public use, they are concerned about potential safety hazards and accident risks. They would like to know what legal risks they face as employers and how to avoid them.
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2023 07/26
Is the huge work-related death benefit an inheritance?
Li died of a sudden illness at work. According to relevant regulations on work-related injury insurance, Li's wife Zhao received a one-time work-related death subsidy of over 1 million yuan. However, after Zhao received the subsidy, Li's friend Zhang approached Zhao and claimed that Li had borrowed 800000 yuan from him during his lifetime. This subsidy was Li's inheritance and should be used to repay the loan. In addition, Li's parents also approached Zhao and claimed that the subsidy should belong to Li's estate, and as parents, they also have the right to distribute it. However, Li's grandparents believed that they had raised him from a young age, and as a close relative of Li, they should also have the right to distribute the property. Zhao didn't know what to do.
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2023 07/12
How much do you know about invisible overtime?
Due to the convenience and speed of WeChat, A and B who work in the same company often use WeChat in their daily work, whether communicating with colleagues or clients, and the communication time is not limited to working hours. Due to different job positions and responsibilities, A's chat content is mostly simple work reports, requests for instructions, replies, or sending documents and photos, while B's chat content is mainly about customer maintenance and answering customer questions in the WeChat group. In order to meet the needs of customers from time to time, the company has also developed the "XX Community Official Account Duty Form". Recently, after leaving their jobs, both of them requested the company to pay overtime pay through WeChat, and took the Chat log as evidence. After trial, the court rejected A's application, but supported B's application. So, why is the verdict so different when it comes to demanding overtime pay through WeChat after work?
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2023 07/06
Will "appraisal opinions" be accepted by the court?
A fire broke out in a factory building of a certain company. After investigation by the local public security fire brigade, it was determined that the cause of the fire was "arc discharge caused by a short circuit in the transformer". A certain company then filed a lawsuit against the transformer manufacturer, demanding compensation for the fire losses. During the first instance, the court entrusted W appraisal agency to conduct an appraisal on whether the transformer involved in the case has quality issues. The W appraisal agency first issued an "Expert Opinion", and the conclusion is that there are no quality issues with the transformer involved; Afterwards, a "Accident Site Analysis Explanation" was issued, overturning the conclusion of the "Expert Opinion" and believing that there were quality issues with the transformer involved. Among them, the "Expert Opinion" is stamped with a special seal for appraisal, and signed by appraisers Liu and Lin; The 'Accident Site Analysis Explanation' is stamped with a special seal for identification, without the signature of the appraiser.
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2023 06/27
Interpretation of Contract Measures and Filing Guidelines for Personal Information Exit Standards
The "Standard Contract Measures for the Exit of Personal Information" (hereinafter referred to as the "Measures") officially came into effect on June 1, 2023. On May 30, 2023, the National Cyberspace Administration issued the "Guidelines for the Filing of Personal Information Exit Standard Contracts (First Edition)" (hereinafter referred to as the "Guidelines"). The Measures and Guidelines provide clear guidance for personal information processors to provide personal information overseas by signing standard contracts.
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2023 06/21
Remedies for Infringement of Trade Secrets by Applying for Invention Patents
In 2021, Hu, Pei, Sun, and others founded S Company after leaving R Company, a technology intensive enterprise. In May 2023, R Company discovered that S Company had applied for an invention patent for its trade secret. How should R Company provide relief?
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2023 06/12
Who will pay for the traffic accident liability of autonomous vehicle?
Li has purchased the latest model of a car with autonomous driving function. One night, while driving a car, Li saw no other vehicles or pedestrians on the road, so he activated the automatic driving function. Unexpectedly, after driving for a distance, a cleaning car was in operation ahead. Li's car did not automatically take evasive and deceleration measures in automatic driving mode, ultimately leading to a traffic accident. Li believes that the failure of the autonomous driving function to successfully identify a vehicle ahead is the root cause of the accident, so he sued the vehicle manufacturer to assume compensation responsibility.
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2023 06/07
Is the "back to back" clause a Sword of state that refuses to pay?
Company A has signed an automobile parts sales contract with Company C, which stipulates that Company A will provide automotive parts to Company C. In order to fulfill the aforementioned contract, Company A signed a sales contract with Company B to purchase raw material steel. Company A and Company B have agreed on a "back to back" clause in the contract, which means that Company A shall pay Company B for the steel within 10 days after receiving the payment from Company C. After the contract was signed, Company B completed all supply as agreed and there were no quality issues with the supply. However, Company A delayed payment due to not receiving payment from Company C. So, can Company A refuse to make payment on a "back to back" basis?
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2023 05/31
Legal risks of not canceling a company's business license after revocation
According to the provisions of the Company Law of China, after a company's business license is revoked, a liquidation team should be established to carry out liquidation and apply for deregistration to the company registration authority after the liquidation is completed. It can be seen that revocation does not mean cancellation, revocation refers to the revocation of the business license, and cancellation refers to the cancellation of the company's market entity qualification. Revoking a business license is an administrative penalty imposed by administrative authorities on a company. A company whose business license has been revoked cannot continue to engage in business activities, but its market subject qualification will only be extinguished after completing the company's deregistration registration. Revocation only turns the company into a zombie enterprise, and cancellation is the key to obtaining the company's death certificate. This statement vividly illustrates the relationship between revocation and cancellation.
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2023 05/24
Is it legal for an employee to be dismissed for violating the salary confidentiality system?
Case 1: According to the Employee Handbook of Company A, the company implements a strict confidentiality system for wages and bonuses. Employees are not allowed to disclose their wages to others, inquire or discuss their own and others' wages. Violation of the wage confidentiality system is considered a serious violation of the company's labor discipline, and the company has the right to immediately terminate the labor contract. The above system is commonly referred to as the "salary confidentiality system". Li is a salesperson of Company A, whose salary consists of basic salary, performance commission, and welfare allowance. When chatting with other employees of Company A, Li found that his annual salary differed significantly from that of employees in the same position, so he kept the salary slips of other employees and listed his salary in the email requesting a salary increase from the leader. Company A believes that Li's behavior violated the salary confidentiality system and terminates the labor contract on the grounds that Li seriously violated the rules and regulations. Li believes that the salary confidentiality system established by Company A excludes the legitimate rights of workers, limits the right to know of employees in the same position, and violates the principle of equal pay for equal work. He requests that Company A be deemed to have illegally terminated the system. The court believes that employing units adopting a salary confidentiality system have advantages in protecting employee privacy, preventing employee competition, reducing employee conflict and turnover, and facilitating enterprise management. Within a reasonable range, the law should be respected, and both contracting parties should be bound by this. The email sent by Li himself listed the salary situation of himself and other employees, and it was found that there were indeed violations of regulations. Company A did not improperly terminate the contract in accordance with the relevant provisions of the employee handbook.
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2023 05/16
How much do you know about confidentiality knowledge?
In 2021, the upcoming launch of the Fujian ship received widespread attention, and there were publicly available satellite images of the Fujian ship on the internet. These publicly available information made many military enthusiasts mistakenly believe that the aircraft carrier could be easily photographed. At the end of 2021, military fan Luo purchased a drone with remote high-definition camera function to shoot a Fujian ship. Luo claimed that "this will have good discussions in the military fan circle". When Luo was illegally filming a Fujian ship, it was discovered by national security agencies that the content he filmed was identified to involve two classified military secrets and one classified military secret. In the end, Luo was sentenced to one year's imprisonment and one year's probation for the crime of illegally obtaining state secrets.
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2023 05/12
Which court should have jurisdiction over shareholder defect capital reduction?
Zhang is the Deputy General Manager of Company A, and as a senior management member of the company, Company A has signed a non compete clause with Zhang. In 2022, Zhang resigned. Shortly after Zhang's resignation, Company A discovered that several employees of Zhang's previous work team had resigned one after another. One day, Company A accidentally saw a report from competitor Company B in an internal magazine in the industry. The accompanying pictures and interview content in the report showed that Zhang resigned and joined Company B, bringing all the R&D teams from Company A to work at Company B. Company A filed a lawsuit in anger, demanding that Zhang bear the responsibility for breach of contract. The final court found that Zhang violated the non compete obligation, but as both parties did not agree on the prohibition of solicitation obligation, they did not support the company's claim.
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2023 05/06
Compliance Tips for Internet Advertising
On February 25, 2023, the State Administration for Market Regulation issued the "Measures for the Administration of Internet Advertising" (hereinafter referred to as the "Measures"), which will come into effect on May 1, 2023. The Measures have made significant modifications to the current Interim Measures for the Administration of Internet Advertising, particularly in the following areas that require special attention.
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2023 04/25
How can enterprises carry out anti espionage security work in accordance with the law?
Recently, relevant departments have taken criminal coercive measures against a Japanese citizen on suspicion of engaging in espionage activities. In recent years, typical cases of endangering national security announced by national security agencies, procuratorial agencies, courts, and others have shown that in reality, "spies" are not as skilled as those portrayed in movies and TV dramas who steal secret intelligence from other countries. On the contrary, most of them are ordinary workers or managers of enterprises and institutions.
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2023 04/19
Is the absolute language used in advertising "restricted and unrestricted" or "boundless"
Article 9 (3) of the Advertising Law stipulates that advertisements shall not use terms such as "national level", "highest level", "best", etc. Terms that are the same or similar to the above terms, such as "world top", "global first", "unique in China", and "unique", are collectively referred to as absolute advertising terms. At present, at the legislative level, the Advertising Law has made prohibitive provisions on the absolute use of advertising language. At the law enforcement level, the law enforcement agencies' enforcement of absolute use of advertising language is too simple and rough, and operators are fined for any carelessness, resulting in operators turning pale when talking about "the most".
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2023 04/06
A well written promissory note greatly reduces risk
Li and Zhao are business partners and often have some business dealings on a daily basis. In 2018, Li borrowed 100000 yuan from Zhao for capital turnover and issued a "IOU" to Zhao. The content of the IOU was very simple, only stating that Li owed Zhao 100000 yuan. In 2022, Zhao failed to urge Li and sued the court for immediate repayment. However, Li cleverly argued that 100000 yuan was a payment owed to Zhao before, and now that the statute of limitations has passed, Zhao's request should not be supported.
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2023 03/10
Shared bicycles cannot be turned into dedicated vehicles
Huang is not far from the company, but riding a shared bike to work is the fastest and most convenient way to do so compared to walking or taking the bus. However, due to frequent setbacks in finding a shared bike, and sometimes unable to find a bike, Huang will leave the bike in the company every day after paying for the ride fee when going to work by bike; If you cycle the bike again after work, you can also pay for it and leave it in a remote location downstairs, so that you can ride the bike again the next day without spending time. After a long time, the company that shared the bicycle alerted the police after discovering that the car was running abnormally. After the police found Huang, Huang believed that the shared bicycle was for everyone to use, and he paid the corresponding fee himself. There was nothing wrong.
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2023 01/19
Employment management problems after COVID-19 infection returned to Class B management
Under the policy of "Class B A control" for COVID-19 pneumonia, on December 7, 2022, the State Council issued the Notice on Further Optimizing the Implementation of COVID-19 Prevention and Control Measures in response to the joint prevention and control mechanism for novel coronavirus infected pneumonia, stipulating that the isolation policy for COVID-19 patients should change from centralized isolation to home isolation, supplemented by centralized isolation.
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2022 06/07
Epidemic Related Legal Practice Series | Is the contract stamped on the scanned copy valid during the epidemic?
The COVID-19 is raging, and various regions have taken different closure and control measures, and closure and control have also had an impact on the signing of contracts between enterprises. In general, when a contract is concluded in the form of a contract, both parties need to sign, seal, or fingerprint the contract. During the pandemic, affected by containment measures, the parties to the contract may not be able to sign the same contract. If one party signs and seals the contract and sends the scanned copy to the other party by email, and the other party signs and seals the scanned copy before sending it back by email, is the contract concluded in this way valid?
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2020 02/19
Recognition of work-related injuries caused by employees who have returned to work infected with new coronavirus pneumonia
With the end of the postponed resumption period announced by local governments, enterprises will resume work one after another in accordance with the policy arrangements of local governments. However, due to the impact of the new coronavirus epidemic, governments at all levels have put forward requirements for flexible work methods and working hours, and enterprises will face flexible and complex employment patterns after resuming work. This article will briefly sort out the work injury determination of employees who return to work infected with new coronavirus pneumonia in accordance with relevant laws and regulations, in order to be able to throw bricks and stones.
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2023 05/26
Chen Wenwei, Director of Shanghai Branch, Elected as a Director of the Civil Procedure Law Research Association of the China Law Society
On May 20, 2023, the Third Member Conference of the Civil Procedure Law Research Association of the China Law Society and the 2023 Academic Annual Conference were held in Beijing. The conference is hosted by the Civil Procedure Law Research Association of the China Law Society and hosted by the School of Civil, Commercial and Economic Law of China University of Political Science and Law. Nearly 300 experts, scholars, and legal practitioners from national higher education institutions, research institutions, judicial authorities, legal service institutions, and news organizations participated in the conference. Chen Wenwei, Director of Gaopeng (Shanghai) Law Firm, was elected as a Director of the Civil Procedure Law Research Association of the China Law Society.
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2021 07/24
Shanghai Financial Consumption Dispute Mediation Center Xuhui Regional Workstation was established at Gaopeng (Shanghai) Law Firm
On July 21,2021,the Shanghai Financial Consumer Dispute Mediation Center signed a memorandum of cooperation with our institute to establish the Xuhui Regional Mediation Workstation of the Shanghai Financial Consumer Dispute Mediation Center in our institute.Director Wang Junwei of Shanghai Financial Consumer Dispute Mediation Center awarded the license to our institute,and Deputy Director Lu Xiang of Shanghai Financial Consumer Dispute Mediation Center participated in the event.
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2021 07/05
Gaopeng (Shanghai) Law Firm Actively Participates in Public Welfare Donations - Helping Poor High School Students Return to Campus
In June of this year,Gaopeng(Shanghai)Law Firm donated 9900 yuan to the"Shanshu High School Student Assistance Program"launched by the Shanghai Shanshu Public Welfare Foundation to subsidize the meals and living allowances for a senior high school student in the"Shanshu High School Student Assistance Program"for three years of high school.He has contributed to helping poor high school students return to campus and fulfill their college dream.
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2019 08/10
A delegation of teachers and students from the On-the-Job Master of Law Program at the Law School of Taiwan Political University visited Gaopeng (Shanghai) Law Firm
On the afternoon of August 8,2019,a team led by Dr.Yan Yuming,the General Affairs Officer and Associate Professor of the Department of Law of the Taiwan Political University Law School,visited Gaopeng(Shanghai)Law Firm.Lawyer Xie Xiangyang,Director of Gaopeng(Shanghai)Law Firm,Senior Partners Chen Wenwei,Shen Min,and Partners Hong Meng,Cai Shiming,and Zheng Xiaoxiao warmly received teachers and students from the Law School of Taiwan Political University,and the two sides also held warm discussions and exchanges.
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2018 03/20
Member of the Standing Committee of the CPC Jing'an District Committee, Secretary of the Political and Legal Committee, Zhao Ruqing District Bureau of Justice, Secretary of the Party Committee, Ling Shurong, Visited and Investigated Gaopeng (Shanghai) Law Firm
On the afternoon of March 15,2018,Zhao Ruqing,member of the Standing Committee of the CPC Jing'an District Committee,Secretary of the Political and Legal Committee,accompanied by Ling Shurong,Secretary of the Party Committee and Director of the Jing'an District Bureau of Justice,visited Gaopeng(Shanghai)Law Firm for research
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2015 04/13
Congratulations to Shanghai (Gaopeng) Lawyer Chen Wenwei on being recommended to the "New Stratum Theory Seminar" of the United Front Work Department of the Shanghai Municipal Committee of the Communist Party of China
Congratulations to Lawyer Chen Wenwei, Senior Partner of Gaopeng (Shanghai) Law Firm, who was recommended by the Organization Department of the Shanghai Municipal Committee of the Communist Party of China and the Shanghai Municipal Committee of Civil Construction to participate in the "Theoretical Seminar for New Stratum People" of the United Front Work Department of the Shanghai Municipal Committee of the Communist Party of China, and was included in the key training list of the Organization Department of the Shanghai Municipal Committee of the Communist Party of China, the United Front Work Department of the Shanghai Municipal Committee of the Communist Party of China, and the Shanghai Municipal Committee of Civil.
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2015 04/10
Shanghai Food and Drug Administration Branch adopts lawyer Chen Wenwei's opinion to revoke the administrative penalty of 190000 yuan
In February 2015,Chen Wenwei,a lawyer from Gaopeng(Shanghai)Law Firm,accepted a client's entrustment to apply for a hearing on the administrative penalty imposed by a branch of the Shanghai Food and Drug Administration.On March 2,the hearing was held as scheduled.At the meeting,Lawyer Chen Wenwei issued his own views and suggestions on the convergence and application of legal grounds involved in administrative penalties.Finally,this view was adopted by the Food and Drug Administration,and the proposed administrative penalty decision of 190000 yuan was revoked.The client gave lawyer Chen Wenwei great recognition and praise.
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2014 11/25
Lawyer Chen Wenwei was invited to participate in the Anti monopoly Law Enforcement Seminar of the Anti monopoly Bureau of the National Development and Reform Commission
On November 24, 2014, Lawyer Chen Wenwei, Senior Partner of Gaopeng (Shanghai) Institute, was invited to participate in the special seminar on anti monopoly law enforcement held by the Anti monopoly Bureau of the National Development and Reform Commission, and conducted in-depth discussions on the scope of law enforcement power and the procedures for exercising it in the process of anti monopoly law enforcement.
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2013 09/12
Warmly welcome the leaders of the District Justice Bureau to visit Gaopeng (Shanghai) Branch
On the morning of September 11,2013,Director Chen Xiaojie of Jing'an District Justice Bureau and his party visited Gaopeng(Shanghai)Branch for exchange and visit.Lawyer Xie Xiangyang,Director of the Shanghai Branch,Lawyer Shen Min,Senior Partner,Lawyer Chen Wenwei,and Lawyer Zhang Bing attended the meeting and briefed the leaders of the district judicial bureau on the business development of our office.At the meeting,Director Chen Xiaojie made a speech on the issue of information exchange and sharing between the Bureau of Justice and law firms,as well as on how firms should accurately position themselves and take the path of professionalization and strengthening their institutions,and conducted in-depth discussions and exchanges with various partners.
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2013 01/21
Gaopeng & Partners (Shanghai) Held “2012 Year-End Partner Meeting”-Gaopeng & Partners
At 3:30 pm,January 20,2013,Gaopeng&Partners(Shanghai)held the"2012 Year-End Partner Meeting"in the fifth floor Directors Conference Room of Marriott Hotel.The present partners are Xiangyang Xie,Wenwei Chen,Fei Yao,Lin Tong,Min Shen,Yan Zhu,Huan Wang,Bing Zhang,Feng Feng,HongXiang Wen.
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2012 05/03
Partner Gao Peng was invited to attend the legal service promotion meeting of the International Economic, Trade and Tourism Festival
On April 28,2012,the"Fireworks March"International Trade and Tourism Festival Legal Service Promotion Conference was held in beautiful Yangzhou.Lawyer Wang Lei,Director of Gaopeng Institute,Lawyer Hu Lianping,Senior Partner Chen Wenwei,and Lawyer Tan Yajun were invited to attend.At the meeting,Mr.Wang Lei,on behalf of domestic law firms,delivered keynote speeches on the development trend,development path,and integration of advanced management experience and local resources of law firms,and attended the cooperation signing ceremony.
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2011 12/01
Gao Peng greets six partners
Recently,six lawyers from Shanghai Xiaoyun Firm,Chen Wenwei,Zhang Yi,Tan Yajun,Yu Jiang,Yao Fei,and Tong Lin,led a team to join Gaopeng Law Firm.This move will enable Gaopeng to expand on a larger scale in the fields of anti-dumping,international trade disputes,and corporate law services,foreign investment business,and financial business on the basis of its original business.At the same time,Gaopeng's Japanese business scope has also been added.The Japanese business team led by Lawyer Chen Wenwei will promote Gaopeng's business with Japan to specialization and refinement.
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2021 06/17
Gaopeng (Shanghai) was selected as the candidate pool of Guoyuan Securities Co., Ltd. law firms
Recently,Guoyuan Securities Co.,Ltd.issued a warehousing notice,and Gaopeng(Shanghai)Law Firm was successfully selected as a candidate for Guoyuan Securities Co.,Ltd.Law Firm.
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2019 11/18
Gaopeng & Partners (Shanghai Office) Won the Tendering of Shentong Metro Group's External Legal Counsel Pool Project
On October 22,2019,Gaopeng&Partners(Shanghai Office)won the tendering of the"External Legal Counsel Pool Project of Shanghai Shentong Metro Group Co.,Ltd."to provide professional services to meet the legal demands of Shentong Metro Group(including its branches)and dozens of construction,operation and maintenance enterprises and partially competitive/functional enterprises subordinate to it.