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Bankruptcy Liquidation Series 4 | When does the litigation time effect of shareholder liquidation liability disputes begin to count?
2022 09/09Author:Zhao LiAccording to the provisions of Interpretation II of the Company Law, if a shareholder of a limited liability company is negligent in performing its liquidation obligations, resulting in the loss of the company's main assets, account books, important documents, etc., and is unable to carry out liquidation, thereby causing losses to the company's creditors, the creditors have the right to petition the shareholders to assume joint and several liabilities. However, neither the law nor the judicial interpretation clearly stipulates the starting point of the limitation of action for disputes over corporate liquidation liability, and there is considerable controversy over this issue in practice. So, when should the limitation of action for disputes over corporate liquidation liability be calculated? This article will clarify the answer to this question through two classic cases. -
虚假诉讼罪的审判实践——基于北京市49份裁判文书的实证分析
2022 09/07Author:陈聪《刑法修正案九》审议通过后,虚假诉讼罪被列入刑法调整范围。近年来,虚假诉讼案件呈高发趋势。笔者通过中国裁判文书网和威科先行等工具进行检索,获取北京市2016-2021年间虚假诉讼罪裁判文书共63份,发现北京市虚假诉讼罪案件在数量、时空分布等方面存在一定的特点,故以此作为样本具有一定的代表性。在样本选择过程中,关键词锁定为虚假诉讼罪,案由筛选选择刑事案件,地域选择北京市,检索后排除重复、无效样本,实际有效一审 -
Investment Model and Legal Risk Analysis of Film and Television Projects
2022 08/29Author:Peng MeiyangFor example, in the (2017) Hu 0110 Min Chu Case No. 5113, the court held that although the "Contract for the Joint Production of the 30-episode TV Series -
How does the court apply Article 25 of the Judicial Interpretation of the Insurance Law to disputes over personal insurance contracts?
2022 08/20Author:Li ZongjiangRecently, a personal insurance contract dispute case we represented was tried by the People's Court of Chaoyang District, Beijing, and the Beijing Financial Court. The case was finally settled through mediation. Although the case is concluded, the legal issues involved in the case are still worth considering. -
The transfer of equity based on land use rights should not be recognized as a crime
2022 08/18Author:Dong Xiaohua, Feng WeiAs the most important natural resource, land transaction at the national level has strict legal regulations and market supervision. As far as the right to use construction land is concerned, it can only be transferred according to law if certain conditions are met. Whether it is the Constitution, the Land Management Law, or other laws, or administrative regulations such as the Provisional Regulations on the Assignment and Transfer of the Right to Use Urban State-owned Land, it is prohibited to buy, sell, or illegally transfer land in other forms. The establishment of the crime of illegally transferring or reselling land use rights in Article 228 of the Criminal Law is the most severe punishment for illegal transfer of land. In practice, there is a very common phenomenon that company shareholders implement equity transfer with land use rights as the content. So, under the current legal system in China, can this situation be recognized as the crime of illegally transferring or reselling land use rights in criminal law? -
Online Violence Legal Regulation Series | Understanding Who Should Pay for Online Violence Infringements
2022 08/16Author:Feng ChengchengNetwork infringement generally includes infringement of personality rights, property interests, and intellectual property rights. In recent years, there are more and more common violations of personality rights, which are known as "cyber violence". "Cyber violence" also includes infringing on others' reputation, privacy, or impairing their personal rights. This article will tell you, "network violence" caused by infringement, who should bear the responsibility? -
网暴法律规制系列 | 我国对“网络暴力”的司法处理现状
2022 08/12Author:董晓华、朱婷不可否认的一个现实是,近几年来“网络暴力”越来越普遍了。不断发生的“网络暴力”事件造成了诸如受害人自杀的严重后果,引发了大家的广泛关注。“网络暴力”是一个复杂的社会问题,涉及到方方面面。作为法律人,这其中涉及的法律问题需要我们关注与研究。那么,我国目前司法实践中针对“网络暴力”的处理是何现状,可能是我们首先需要了解的。通过案例无疑是窥一斑而知全豹的有效途径。为此,笔者在中国裁判文书网上分别以“网 -
Cyber Violence Legal Regulation Series | Criminal Law Regulation of Cyber Violence
2022 08/10Author:Feng WeiChina is currently experiencing a very rapid development of information networks, which has greatly promoted the development of the new economy and the convenience of social public life, but at the same time, it has also spawned new cyberspace chaos, with frequent occurrences of malignant cyber violence. Cyber violence is different from traditional crime in that it exhibits new types and characteristics of behavior. For the criminal legal regulation of cyber violence, there is already sufficient necessity and legitimacy. Although the current criminal legal system in China can evaluate and combat online violence to a certain extent, there are obvious problems such as insufficient regulatory scope and insufficient regulatory force, which are difficult to adapt to the current situation of effective governance of illegal crimes and need to be optimized and improved. -
网暴法律规制系列 | 网络暴力危害的表现形式
2022 08/09Author:陈聪近年来,互联网给人们提供了自由开放的交流平台,使得不同的观点、思想都可以在网上进行交流,而随着网络社交媒体日益发达,网络言论的表达渠道更加畅通、传播交流更加便捷,极大地提升了社会公众的文化、娱乐生活水平。但不可否认,因互联网社交媒体言论引发的名誉侵权纠纷也随之增多。部分网民有不同意见就出言相讥、为发泄情绪而言论偏激、为个人利益而假借舆论监督发表煽动性言论,演变成网络暴力进而时不时地刺痛人们的神经