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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. -
Overview of Core Terms Analysis of Commercial Real Estate Leasing Contracts - From the Tenant's Perspective
2023 02/01Author:Jiang Liyong、Qin YiCommercial real estate such as office buildings, shops, and commercial complexes typically have a longer lease term, ranging from 5 to 15 years. Compared to residential leasing, commercial real estate leasing has a higher rent, and tenants often need to invest in larger decoration costs before entering the premises. Commercial real estate leasing contracts are the code of conduct for lessors and lessees over a long period of time, and the terms of the contract are closely related to the commercial interests of both parties. Both the previous Contract Law of the People's Republic of China and the current Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") have outlined the key issues of the lease contract. Although some local government departments have provided exemplary lease contract templates, the specific terms of a lease contract generally depend on the autonomy of the parties to the contract. -
Understanding the tax treatment of converting a "limited company" into a "partnership"
2023 01/31Author:Jia MengmengSince November 2022, tax authorities in multiple regions have begun to investigate the situation where "limited companies" have been converted into "partnerships" without liquidation, and have conducted interviews with the enterprises, shareholders, and partners involved. Tax cases involving "unliquidated tax payments in the form of enterprise conversion organizations" have erupted in multiple regions. This article will clarify the origin, handling methods, and focus of disputes of this type of case. -
Employment management problems after COVID-19 infection returned to Class B management
2023 01/19Author: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. -
"Pfizer's" P drug "is difficult to obtain. What are the legal risks involved in copying and selling generic drugs?"?
2023 01/18Author:Sun JiaqiWith the opening of epidemic control, Pfizer's PAXLOVID generic drugs have entered the public's vision. What exactly is a generic drug? What are the legal risks when selling and purchasing generic drugs? This article may give you some answers. -
"The implementation of the Xinjiang Related Act continues to expand, and how should Chinese enterprises respond?"
2023 01/11Author:Jiang Liyong 、Qian WenjieIn early January 2022, the United States Customs and Border Protection (hereinafter referred to as "the United States Customs") detained a batch of Chinese dates at the port of Oakland, California, under the Xinjiang Related Act, on the grounds that these dates were produced in Xinjiang and the packaging was printed with the "Xinjiang Construction Corps" icon [1]. This event indicates that the implementation of the Xinjiang Related Program is not limited to specific products such as photovoltaic, cotton, and tomatoes. Therefore, if exporters lack knowledge of the risks involved in Xinjiang, they may result in the export goods being detained or even destroyed by the United States Customs. The following will briefly introduce the key points of the Xinjiang Related Act and the coping strategies of Chinese enterprises in this new context. -
A Brief Comment on the First Case of False Statements in the Inter bank Bond Market in China
2023 01/06Author:GUO Jinhui 、Dai WeisiOn December 30, 2022, the Beijing Financial Court issued a first instance judgment on the court's No. 1 case, "Blue Stone Assets and a Bank and Other Securities Misrepresentation Liability Dispute Case." This case, as the first nationwide dispute case on the liability for misrepresentation in the interbank bond market, has a landmark significance. In the judgment, whether the Securities Law of the People's Republic of China (hereinafter referred to as the "Securities Law") is applicable to the interbank bond market and its judicial interpretation "When a misrepresentation is not subject to administrative penalties or effective criminal judgments by regulatory authorities, how the court determines it, and the consideration and review of the elements of tort liability in a misrepresentation case are groundbreaking. They further compact the responsibilities of bond underwriters and bond service institutions, emphasizing that institutional investors have a higher duty of care,", It has great reference value for the judicial practice of the future interbank bond market and even the entire bond misrepresentation case.