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How to determine the fault of the guarantor when the main contract is invalid and the guarantee contract is invalid?
2023 05/25Author:Jiang HuaThe guarantee contract serves as a subordinate contract to the main contract, and when the main contract is invalid, the guarantee contract is also invalid. At this point, the scope of responsibility that the guarantor should bear varies depending on whether they are at fault. -
How to Hold Shareholders Responsible for Corporate Debts Series 7: Holding Shareholders Responsible for Misidentification with Company Property (2)
2023 05/23Author:Li KejunLast time, it was mentioned that if the company owes money, it can be held accountable to shareholders whose assets are mixed with those of a single person company. Today, we will talk about the second situation where the accountability of shareholders is mixed with the company's assets: non one person company shareholders. -
On the Jurisdiction of Disputes over Corporate Capital Reduction and Shareholders' Liability for Damage to the Interests of Corporate Creditors
2023 05/18Author:Shen Aishan、Chen DaweiOn May 12th, the author's "Which court should have jurisdiction over shareholder defect capital reduction?" due to space limitations, only elaborated on the jurisdiction of company capital reduction disputes, and did not discuss the jurisdiction of shareholder liability disputes for harming the interests of company creditors. The following supplement is provided. -
Which court should have jurisdiction over shareholder defect capital reduction?
2023 05/12Author:Shen AishanWhether a shareholder's defective reduction of capital belongs to an infringement dispute of shareholder withdrawal of capital or a company's reduction of capital dispute directly affects which court should jurisdiction the dispute. In practice, there are many disputes over such jurisdiction, and court judgments are also different. The author recently handled a case of capital reduction dispute, focusing on the analysis of the cause of the case, first determining the cause of the case, and then determining the jurisdiction court, in order to obtain the support of the court. Here is a brief description for my colleagues. -
The incident of slapping women on high-speed trains: mutual assault or self-defense?
2023 05/11Author:Zhou YixinRecently, the incident of a high-speed train being slapped on a woman and the police determining that both sides were engaged in physical altercation has sparked heated discussions. So being beaten and fighting back is self-defense? Or fighting each other? -
Judging the Judgment Standards from Typical Cases of Labor Disputes Published by Some Courts before Labor Day
2023 05/09Author:Hu jieOn the eve of the May Day International Labor Day, courts across the country have released typical cases of labor disputes, covering new forms of employment, confirmation of labor relations, labor dispatch, work-related injury insurance benefits, non competition restrictions, employee vacation benefits, equity incentives, disciplinary termination, and disputes over year-end bonuses after resignation. -
The Construction of China's Civil Trust Tax Legal System
2023 05/06Author:Han LiangThe tax legal system of civil trusts is more complex than that of business trusts and charitable trusts, and China's civil trust tax theory and system construction are still in a blank state. The civil trust tax system should draw on mature trust tax theories and institutional construction experience from overseas, absorb the concept of "substantial taxation" of "conduits", and construct a civil trust income tax system with beneficiaries as the substantive taxpayers, to avoid the occurrence of double taxation of income tax in the form of trust property transfer. At the same time, the civil trust tax system should also adopt the mechanism of "substantialism" where the trustee assumes the "formal tax payment" function, construct the circulation tax and property tax system in China's civil trust property management, and systematically establish supporting mechanisms such as China's civil trust anti avoidance tax system and "withholding and payment" system. -
How to Hold Shareholders Responsible for Corporate Debts Series 5: Holding Shareholders Responsible for Accelerated Maturity of Capital Contributions (4)
2023 04/27Author:Li KejunPreviously, we mentioned three situations where a company is in debt and can pursue capital contributions to accelerate the maturity of shareholders. Today, let's talk about the final situation: the end of the company's bankruptcy proceedings. -
Can I review papers for duty crime cases during detention?
2023 04/24Author:Dong XiaohuaThe majority of cases transferred to the procuratorate for review and prosecution after the investigation by the supervisory committee will go through a period of detention and arrest decision, with a maximum of 14 days available. Whether to meet and review papers during this period varies among procuratorial organs in different regions. Some can be reviewed and interviewed after being transferred by the supervisory committee, some are allowed to interview but not reviewed, and some must wait until the arrest is executed before being allowed. Why there are differences in different regions? Currently, there is no authoritative official statement, and each region fully adheres to its own understanding of the Criminal Procedure Law and the Supervision Law.