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Should the death penalty be retained—— From the case of Cai Tianfeng
2023 03/03Author:Zhu TingRecently, the case of Hong Kong celebrity Cai Tianfeng who was premeditated to be killed, dismembered, and cooked and dumped shocked the entire society. It is reported that Cai Tianfeng's ex husband, parents, and brother, who are suspected of committing such a shocking crime, have been arrested by the Hong Kong police. On February 27, the four people were brought before the Kowloon City Court in Hong Kong (to appear before the court). Kuang's three sons were charged with murder, and Kuang's mother was charged with obstructing justice. The magistrate postponed the case to May 8 for questioning, and did not allow the four people to be released on bail. -
How to Say No to Cyber Defamation?
2023 03/03Author:GUO Jinhui 、Yao LijunIn recent years, a number of online defamation cases have aroused widespread concern in society, including the "defamation case of a woman taking delivery of a courier", which has been named by the Supreme People's Procuratorate and has become a typical case. The victim of the case, Gu Moumou, was secretly filming a video by a stranger, Lang Moumou. Later, Lang Moumou and He Moumou jointly slandered Gu Moumou as a "derailed courier". The two people faked the identities of Gu Moumou and the courier and fabricated chat records, and forwarded the fabricated chat records and the secretly captured video to WeChat group. Later, these contents were spread to many WeChat groups and WeChat official account, causing a large number of clicks, reading and vulgar comments, causing hot online discussions. The victim, Gu Moumou, suffered a lot of abuse and bad reviews as a result, became depressed and was tactfully persuaded to quit by the company. Gu Moumou couldn't bear the humiliation and reported the case to the public security organ, which took administrative detention measures against the online defamation perpetrators Lang Moumou and He Moumou. However, even after being detained administratively, Lang and He refused to repent and apologize to the victim Gu. In order to argue for a statement, Gu Moumou filed a criminal private prosecution with the Yuhang District People's Court of Hangzhou City, requesting that the two persons be held criminally responsible for their actions, which constituted a crime of libel. After the court accepted the criminal private prosecution filed by Gu, the Yuhang District People's Procuratorate of Hangzhou City recommended that the Yuhang Branch of the Hangzhou Public Security Bureau file a case for investigation of Lang and He suspected of defamation. Subsequently, the Yuhang District Procuratorate filed a public prosecution with the court on the grounds that the actions of Lang and He were suspected of constituting a crime of defamation. This case was converted from a private prosecution case to a public prosecution case. After the court heard the case, it was finally judged that the actions of Lang and He constituted a crime of defamation. The two persons were sentenced to one year's imprisonment and two years' probation. The victim Gu finally waited for justice. -
Tax treatment of valuation adjustment after gambling failure
2023 02/23Author:Jia MengmengGambling agreements are also known as valuation adjustment agreements. "An agreement designed by investors and financiers to address the uncertainty of the future development of the target company when they reach an investment and financing agreement, which includes equity buybacks, monetary compensation, and other adjustments to the valuation of the future target company.". However, when equity buybacks and monetary compensation occur, there is currently no legal document specifying how to make tax treatment, and in practice, the treatment methods of local tax authorities vary. -
The legal relationship between the network anchor and the "signing platform"
2023 02/22Author:Peng MeiyangIn recent years, the online live streaming industry has developed rapidly, with the number of live streaming platforms, online anchors, and viewers showing a blowout growth. What legal relationships exist between individual anchors and the platforms they sign up for have also attracted increasing attention. -
Why is it difficult to hold a second instance of a criminal case? How to strive for a court session?
2023 02/13Author:Sun JiaqiThe difficulty of holding a second instance trial in criminal cases has always been a pain point for criminal defense lawyers. According to research data, the criminal second instance hearing rate of intermediate people's courts is less than 15%, and some even less than 7%. The second instance hearing rate of higher people's courts has slightly increased, reaching 25% to 33%. However, the death penalty and death sentence suspension cases that should be tried in court account for a large proportion of them. "And the vast majority of cases that are not tried in court will maintain the original judgment. This sense of loss that has been frustrated without showing the sword makes criminal defense lawyers both helpless and powerless, and also makes some lawyers shy away from criminal second instance cases.". Therefore, seeking a court hearing has become a phased goal of the second instance defense. -
Overseas Capital Markets Series | Listing in Switzerland
2023 02/10Author:Xian YuAt the 2015 Sino UK Economic and Financial Dialogue, the Chinese and British governments announced the launch of a feasibility study of the Shanghai Luntong mechanism. Since then, the curtain has opened for Chinese companies to go to the London Exchange to raise funds. In 2018, relevant regulations of the Shanghai Luntong Stock Exchange were introduced, formally establishing a mechanism for mutual issuance of depositary receipts between the Shanghai Stock Exchange and the London Stock Exchange. In 2019, the first GDR issued by an A-share listed company under the Shanghai Luntong mechanism was listed on the London Stock Exchange. In 2021, the CSRC solicited opinions on the new regulations of the China Europe Link mechanism and expanded and optimized the capacity of Shanghai Luntong. In 2022, China Securities Regulatory Commission (CSRC) issued new regulations on the China Europe Link mechanism, which included Germany and Switzerland into the scope of application of the interconnection and exchange of depository receipts business between domestic and foreign stock exchanges. At the same time, the Shanghai and Shenzhen Stock Exchange also issued relevant supporting rules. -
Should I issue an invoice after receiving the penalty?
2023 02/09Author:Jia MengmengAt the beginning and end of each year, when the winning judgment from fellow lawyers is handed down, the author is often asked a question, "The court has ruled that the other party should pay liquidated damages, so does my client need to issue an invoice to the other party?" Here, the author will tell you the answer. -
An Analysis of the Characteristics of Simple Entrusted Review of Business Concentration -- Taking the Review Cases of Beijing Municipal Market Supervision and Administration Bureau as an Example
2023 02/07Author:Jiang Liyong 、Zhang BoIn late 2022, the State Administration of Market Supervision and Administration (hereinafter referred to as the "General Administration") launched a pilot work of entrusting some local bureaus to review the concentration of business operators. Currently, the pilot project has been carried out for about half a year. This article intends to take the Beijing Municipal Market Supervision and Administration Bureau as an example to analyze the work of the pilot commissioned review for reference. -
Director of the Inspection Bureau of the State Administration: Further focus on high-risk industries and fields in 2023
2023 02/02Author:Jia MengmengIn daily life, in addition to providing insight into tax dynamics through the release of tax related documents, the release of hot news and typical cases also reveals tax related information. "Tax Eye News" aims to extract and interpret tax related information from news, tax related legal documents, or major tax cases, and share it with readers.