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Research on Issues Related to the Priority of Compensation for Construction Project Prices
2024 10/23Author:Shen WeiliangThe priority right to compensation for construction project prices is based on Article 807 of the Civil Code of the People's Republic of China, and its requesting parties are relatively diverse. In addition to the contractor of the construction contract, it also includes the contractor of the decoration and renovation project, but the actual construction personnel, material suppliers, surveyors, designers, and supervisors are not included. The scope of compensation mainly includes costs, profits, and taxes, excluding interest, liquidated damages, and compensation for damages. The determination of the starting point needs to be analyzed on a case by case basis. The exercise methods are relatively diverse, including but not limited to litigation, arbitration, and mutual agreement to use property as collateral. -
Are all the people detained in the detention center bad guys?
2024 10/11Author:Ren GuiAre all the people detained in the detention center bad guys? What is the purpose of a detention center? The common people immediately understand that it is a place for imprisoning illegal and criminal individuals, isn't it? As a lawyer, I know what kind of gimmick I'm playing with. -
The unity of arrest and prosecution should be a "combination of appearance and separation of spirit"
2024 09/19Author:Dong XiaohuaI recently handled a case and learned that the assessment criteria for reviewing arrest cases have undergone significant changes compared to before. The current assessment standards of the procuratorate stipulate that regardless of the reason, the release on bail, non prosecution, or probation after arrest are all negative evaluation indicators. It is said that the purpose of such regulations is to reduce the arrest rate, but in fact, can it really have this effect? Prosecutors, in order to avoid deduction of points after arrest, will make every effort to avoid bail, non prosecution, or probation, regardless of the actual situation of the case. As with the minor crime case I am currently handling, if I plead guilty and accept punishment before the investigation and arrest, the arrest will definitely not be approved; But admitting guilt and punishment after arrest cannot change the coercive measures. In this way, the arrest rate and actual punishment rate will inevitably increase, and more importantly, it deviates from the original intention of combining arrest and prosecution. -
How to protect the rights and interests of workers under the compensatory leave system?
2024 09/12Author:Hu Jie、Qu RonggeIn the golden September, as the Mid Autumn Festival and National Day holidays are approaching, topics such as the pros and cons of "compensatory leave", "compensatory leave" and "overtime pay" have sparked a new round of public discussion. In this context, we cannot help but ponder: how to safeguard the legitimate rights and interests of workers while balancing the needs of economic and social development? The original intention and current situation of the "compensatory leave" system? How can we further solve the controversial issue of "compensatory leave" in rational discussions? It is worth exploring. -
The difference between traditional pledged assets and data pledged assets
2024 09/03Author:Zhu JiapingWith the booming development of the digital economy, data asset pledge has gradually emerged as an emerging financial tool. This article compares the differences between traditional collateral and data asset pledge in terms of physical and virtual, exclusivity and replicability, divisibility and indivisibility, value certainty and uncertainty, regulatory clarity and lag, technological dependence, regulatory maturity, liquidity, and timeliness. It deeply analyzes the challenges faced by data asset pledge and proposes corresponding countermeasures and suggestions to promote the healthy development of data asset pledge and provide strong support for financial innovation. -
The legal thinking behind Zheng Qinwen's explosive rise to fame
2024 09/02Author:Peng MeiyangAt the tennis court of the 2024 Paris Olympics, Zheng Qinwen made a strong debut with outstanding performance and became the focus of attention. Her success not only showcases the charm of sports competition, but also brings enormous commercial value. -
Criminal defense lawyers are not speaking up for 'bad people' - also discussing the importance of timely hiring a lawyer
2024 08/29Author:Ren GuiAfter a person commits a criminal act, they will soon face investigation by the public security organs, examination and approval of arrest and prosecution by the procuratorate, and judgment by the court. That is to say, we are about to face the accountability of the powerful state machinery mentioned above with our own efforts. The criminal defense lawyer is a force to join the above criminal procedure based on safeguarding the legitimate rights of the parties (the suspect who committed the crime). -
Legal remedies for being falsely registered as a shareholder
2024 08/22Author:Guo Jinhui、Yao LijunIn judicial practice, it is not uncommon for some illegal individuals or companies to falsely use the identity information of others and register them as shareholders of the company when handling company registration and change registration. The person whose identity information has been impersonated (hereinafter referred to as the "impersonated person") is not aware of their becoming a shareholder of the company, and may not realize that their identity information has been impersonated until they are sued by the company's creditors, their personal property is sealed and frozen, restricted from leaving the country, restricted from high consumption, or held accountable by relevant departments, thus facing huge legal risks. -
From the perspective of a compliance lawyer: data assets, data transactions, and accounting treatment of data assets
2024 08/06Author:Zhang YunhaoIn the era of digital economy, data resources, as an important intangible asset, play a crucial role in creating value and enhancing competitiveness for enterprises. Data resources can be processed, organized, packaged, and other methods to form data products, which can be circulated and traded in the market, achieving value conversion and diffusion. However, the particularity and complexity of data resources have also brought new challenges and demands to the accounting treatment and information disclosure of enterprises. To this end, the Ministry of Finance has formulated the "Interim Provisions on Accounting Treatment of Enterprise Data Resources" to standardize the accounting treatment of enterprise data resources, strengthen the disclosure of relevant accounting information, and serve the healthy development of the digital economy. This article will introduce the concepts and characteristics of data assets and data transactions from the perspective of compliance lawyers, the compliance and compliance points of data transactions, the content and characteristics of the Interim Provisions on Accounting Treatment of Enterprise Data Resources, and future prospects.