
Insights
Insights
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Not Equal Effort: Who has the greatest impact of antitrust amendments?
2022 06/29Author:Jiang Liyong, Qin YiOn June 24, 2022, the "Anti monopoly Law of the People's Republic of China" (hereinafter referred to as "Anti monopoly Law") was amended for the first time 14 years after its promulgation. This modification is not an average effort, but rather a relaxation. So who has the greatest impact on this practice? We believe that this amendment has the greatest impact on six categories of entities. In addition, we will briefly analyze the draft for comments on six supporting department regulations issued by the General Administration of Market Supervision on June 27, 2022. -
"Although it's too late, it's bound to arrive!"!
2022 06/27Author:Xian YuAt 19:55 p.m. on June 2, 2022, the China Securities Investment Fund Association (hereinafter referred to as the Association) released the Notice on Matters Related to the Registration and Filing of Private Fund Managers (ZJXZ [2022] No. 203, hereinafter referred to as the Notice on Registration and Filing) on its official WeChat official account. The Registration and Filing Work Notice has issued a total of four documents. On the one hand, it updated the "List of Application Materials for Registration of Private Fund Managers" (hereinafter referred to as the 2022 List or the 2020 List, which is divided into two categories of managers: securities and equity) issued in 2020, and on the other hand, it has newly issued the "Points of Attention for Filing of Private Investment Funds" (hereinafter referred to as the "Points of Attention for Filing", which is divided into two categories of funds: securities and equity). Given that the "Registration and Filing Work Notice" is an important regulatory policy document of the Association in recent years, major law firms have conducted many interpretations and explanations of the document No. 203. "A good meal is never too late. After participating in the training organized by the association to further master and clarify regulatory standards, we conducted a practical interpretation of the specific content of this change, combined with market operations, and provided relevant analysis opinions. We hope to be helpful to the compliance management of private fund managers.". -
Interpretation of the Key Points of the Amendment to the Anti monopoly Law
2022 06/26Author:Gao LiangOn June 24, 2022, the 35th meeting of the 13th Standing Committee of the National People's Congress passed the decision of the Standing Committee of the National People's Congress on revising the "Anti monopoly Law of the People's Republic of China", and the newly revised "Anti monopoly Law" will officially enter into force on August 1, 2022. The newly revised "Anti monopoly Law" is the first large-scale revision of the "Anti monopoly Law" that came into effect in 2008. From the perspective of content, the newly revised "Anti monopoly Law" is a comprehensive revision based on the experience of the past 14 years of anti monopoly law enforcement. The revised content is very rich, including not only the four pillars of the anti monopoly law, namely, concentration of operators, monopoly agreements, abuse of market dominance, and administrative monopoly, but also aspects such as anti monopoly administrative investigation and legal liability. The following is an explanation of the key issues involved in the newly revised "Anti monopoly Law". -
Legal Observation on the Father and Daughter Incident in Dandong, Liaoning Province
2022 06/24Author:Feng WeiA month ago, the wanton illegal activity of nucleic acid testing institutions has just subsided. Half a month ago, the attack at Tangshan Barbecue in Hebei Province triggered a nationwide fever, followed by the bustle of the Red Code incident in Zhengzhou, Henan Province. However, the criminal case involving the father and daughter of Yellow Code in Dandong, Liaoning Province, due to medical obstruction, has again attracted the attention of the entire population. It can be said that one wave has not been flat and another wave has been hot. When will the dots of the troubled autumn end? In the face of this situation, the author, who has always been cautious, originally wanted to let the bullets fly for a while. However, netizens are still concerned about it, so let's talk about it based on the facts. -
How to resolve conflicts between minors' privacy rights and parental custody rights when bear children are studying at home
2022 06/23Author:Peng MeiyangDue to new changes in the Beijing epidemic, the original date for the opening of primary and secondary schools on June 13, 2022 has been postponed indefinitely, once again challenging the fragile nerves of parents. Because all this means that the divine beasts still have to take online classes at home! It is believed that many parents of adolescent children have encountered such problems. Children sometimes surf the Internet, chat with others, watch anime, or chase celebrities during their online classes... When you can't bear it anymore and decide to check or confiscate their child's mobile phone or iPad, the child stands up and says that you have violated their privacy rights, violated the Minors Protection Law, and even reported a warning to you. "You spoke up to him and wished you could slap him, but you were speechless.". -
Gao Peng's Focus | Analysis of Operators' Safety Guarantee Obligations in the Tangshan Incident
2022 06/17Author:Yao Lijun,Dai WeisiRecently, the malicious injury incident at Tangshan BBQ has aroused widespread concern. The brutality of the suspect's behavior makes people angry. After the incident, netizens strongly condemned the suspect and actively provided clues for the public security organs. It can be seen that everyone hopes that the suspect in this case will be punished by the law, and everyone has a good starting point. However, there are also a few people who transfer their anger to the barbecue shop owner. -
Bankruptcy Liquidation Series (III) | After the end of bankruptcy proceedings, can creditors claim liability from the bankrupt's defective capital contribution shareholders?
2022 06/13Author:Zhao LiIn bankruptcy practice, the debtor is usually insolvent, and the creditor's debt repayment rate is generally relatively low, so the creditor cannot be fully repaid. What creditors want is an increase in the debtor's assets or, as far as possible, to include all relevant assets in the bankruptcy property to improve the repayment rate. The question is, when the bankruptcy proceedings have ended, and the shareholders of the bankrupt (i.e., the original debtor) still have unpaid capital contributions, can the creditors, through ordinary civil proceedings, require the shareholders of the bankrupt to assume supplementary liability for repayment of the bankrupt's bankruptcy debts within the scope of their unpaid capital contributions?This article reveals the answer to this question through a case of the Supreme People's Court. -
Tangshan Barbecue Restaurant Publicly Gathers Crowds to Beat Women
2022 06/13Author:Feng weiJune in Beijing ushered in the heat, but it was also the beginning of the rainy season. Although rain can be a blessing to all things, the air is also moist and boring. On the evening of the 10th, after busy work, I was shocked to hear that the Tangshan barbecue restaurant publicly gathered people to beat women. After a preliminary understanding, my heart was filled with indignation. As a criminal lawyer, it is my duty to safeguard the legitimate rights and interests of the parties in specific cases handled in accordance with the law. In the face of the ugliness of the world, I should also be responsible for emergency justice. How to view the right and wrong, crime and punishment in this incident, whether as a professional legal person or the general public, can share and discuss together. -
Overseas Financing Transaction Series | Financing Structure Chapter: Exploring the Optimization of Financing Structure through Participation Mode
2022 06/10Author:Xian YuIn overseas financing transactions, the establishment of the financing structure provides the foundation for the success of the project. This article takes the adjustment of a financing project structure handled by the author as an example to explore the optimization of the financing structure in overseas financing transactions.