Recently, the All-China Federation of Industry and Commerce, the Supreme People's Procuratorate, the Ministry of Justice, the Ministry of Finance, the Ministry of Ecological Environment, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Administration of Market Supervision and Administration, and the China Council for the Promotion of International Trade have developed and issued the "Measures for the Construction, Evaluation, and Review of Compliance of Enterprises Involved in Cases (for Trial Implementation)" (hereinafter referred to as the "Measures"). Prior to this, nine ministries and commissions have jointly issued the "Guiding Opinions on Establishing a Third Party Supervision and Evaluation Mechanism for Compliance of Enterprises Involved in Cases (Trial Implementation)" (hereinafter referred to as the "Guiding Opinions"), which comprehensively stipulates the application, composition, responsibilities, initiation, and operation of the third party supervision and evaluation mechanism for compliance of enterprises involved in cases. Based on the Guiding Opinions, the Measures issued this time point out the direction for promoting the pilot work of enterprise compliance reform in accordance with the law, standardizing the orderly implementation of work related to the third-party supervision and evaluation mechanism, and creating a new situation for the third-party supervision and evaluation mechanism of enterprise compliance involved in the case. This article preliminarily interprets the key contents of the Measures as follows.

What is an anti epidemic volunteer?


According to Article 6 of the "Regulations on Volunteer Service" of the State Council, a volunteer refers to a natural person who engages in voluntary service with his own time, knowledge, skills, physical strength, etc.

In the first article, "Administrative Agreement Dispute Practice Series (I) - From the Perspective of a Government Franchise Agreement Litigation," we briefly introduced the merits of the case, discussed the concept and essential elements of administrative agreements, as well as the significance and methods of distinguishing between administrative agreements and civil contracts. At the same time, we mentioned that after the Dagong County Government issued a "Notice" to Warmheart Company on April 15, 2016, Warmheart Company only filed an administrative lawsuit on November 8, 2019 to revoke the "administrative act of the defendant Dagong County Government in the form of a" Notice "to terminate the heating franchise agreement and recover the plaintiff's heating franchise rights" on the grounds that "a hearing should have been held but not held.". However, due to the expiration of the prosecution period, the Shandong High Court rejected the prosecution.

Compliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency. The compliance team of the Firm continues to discuss how lawyers can provide compliance legal services to film, television, cultural and entertainment enterprises.

In the financing of overseas transactions, the lender expresses its willingness to participate after initial contact with the borrower, and will send a term sheet to the borrower, including the basic information of the loan, as well as the security measures and financial commitment arrangements established based on the judgment of the borrower and the project's risk points. The lender and borrower will further discuss the term sheet, clarify more information, and negotiate a mutually acceptable version. The determined term sheet becomes an important document for the internal resolution of the lender's credit committee, and becomes the basis for both parties to negotiate and determine the loan agreement after being approved by the credit committee. It can be seen that the term sheet is an important document connecting the preceding and the following in financing transactions. During the working phase of the term sheet, both parties communicated on risk points and corresponding risk pricing, reached an agreement, and laid the cornerstone of the entire transaction.

Since 2022, the COVID-19 has swept through Shencheng again. In order to effectively curb the spread of the epidemic in large areas, Shanghai has implemented such epidemic prevention measures as temporary "regional closure and control", "shutdown and production suspension of enterprises and companies". This will inevitably have an impact on the timely performance of sales contracts for goods, commodities, and housing. For example, sales contract disputes caused by the buyer's failure to pay the goods on schedule, and the seller's delay in delivering the goods are expected to increase significantly. During the epidemic prevention and control period, if the sales contract fails to pay for the goods or deliver the goods as agreed, can the parties claim cancellation of the contract or exemption from liability on the grounds of force majeure? On April 10, 2022, the Shanghai Higher People's Court issued the Third Series of Questions and Answers on the Application of Law in Cases Involving the COVID-19 (2022 Edition), in which Question 2 points out that according to Article 180 of the Civil Code of the People's Republic of China, force majeure means unforeseeable, unavoidable and insurmountable objective conditions, and the epidemic situation and epidemic prevention and control measures are generally force majeure prescribed by law; "If the purpose of the contract cannot be achieved due to the epidemic situation or epidemic prevention and control measures, the parties may claim to terminate the contract in accordance with the provisions of Article 563, Paragraph 1, Item 1, of the Civil Code of the People's Republic of China;"; "If the epidemic situation or epidemic prevention and control measures prevent the performance of the contract, the parties may claim exemption or partial exemption in accordance with the provisions of Article 590, paragraph 1, of the Civil Code of the People's Republic of China.".

In some Western countries, especially the United States and Europe, it is common for men and women to choose to sign prenuptial property agreements before marriage. Both parties include requirements related to property, obligations, and other aspects in the agreement before marriage, which can not only protect their own rights and interests on the premise of mutual recognition by both parties, but also avoid many conflicts and disputes that may arise after marriage. In China, prenuptial property agreements are far from universal, but with the development and progress of society, more and more people are considering actively signing a property agreement before marriage. In life, if a couple's relationship breaks down and they have not signed a marital property agreement, it is often difficult for both parties to reach an agreement on the division of their common property through consultation at that time, leading to the need to bring a lawsuit to court and bring it to court. After a divorce lawsuit goes through the first instance process, one or both parties are dissatisfied with the division of property, and then appeal. After the second instance, the party who is not satisfied with the division of property may even apply for a retrial. Only after a lengthy and tortuous litigation process can both parties ultimately make the property relationship clearly determined, which is too costly. Currently, in order to make marriage more pure and free, more and more ordinary people (especially those living in tier 1 and tier 2 large cities), except for wealthy and celebrities, are actively choosing to sign property agreements before marriage to avoid the troubles caused by marital property entanglement in the event of a future breakdown of the relationship between the two parties. In judicial practice, once the marriage ends, a divorce lawsuit occurs. Within the current legal framework, a legal and effective marital property agreement often becomes the main basis for the court to divide the property of both parties. Therefore, how to sign a legal and effective marital property agreement has become increasingly important. The following article will discuss the issue of marital property agreements in the mainland, starting with the recent hot issue of the divorce between Da S and Wang Xiaofei and the flash marriage between Da S and Ju Junye.

The contract we usually refer to is a civil and commercial contract, which is very familiar to everyone. Many people find administrative contracts relatively unfamiliar (in order to be consistent with the concepts explicitly stipulated in the law, hereinafter collectively referred to as "administrative contracts" as "administrative agreements," both of which are actually one thing).

Since August 26, 2021, when the "Tax Case Notification" column was launched on the official website of the State Administration of Taxation, several typical cases have been announced. From the typical cases published by the State Administration of Taxation from January 2022 to now, we can roughly predict the key industries and targets for tax inspection this year.