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Marriage and Family Affairs Series | How to Distinguish the Application of Property Agreements between Couples and Donations between Couples
2022 04/19Author:Yang Dong xue"The marital property agreement and the gift between husband and wife are contracts signed by husband and wife for the distribution and ownership of property, and are important systems for family property. However, Article 1065 of the Civil Code and Article 32 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I) do not clearly distinguish between the application of the marital property agreement and the gift between husband and wife, and the parties have not clarified the relationship between the two in practice.", This article aims to clarify the relationship between the two through question and answer methods and clearly distinguish the consequences of different legal relationships, which can help effectively curb the deterioration of the crisis and protect family and personal property when a family crisis occurs. -
Practical Discussion on Environmental Pollution Control of Bankruptcy Liquidation Enterprises
2022 04/18Author:Wang Mingtao、Yang Liu、Qiu WanyaAs the country's attention to environmental issues has become increasingly high, various regions have increased their supervision of chemical enterprises, and have introduced stricter environmental policies. In recent years, due to a series of reasons such as the continuous rise in the price of chemical raw materials and the overlapping epidemic, many chemical enterprises have faced difficulties in operating and went bankrupt. Some chemical enterprises have caused environmental pollution and damage to social and public interests during their operations, and have not been treated or repaired. After entering the bankruptcy and liquidation process, it is unclear whether the company has become insolvent and continues to undertake the repair obligations for environmental pollution control, what nature of the repair costs for environmental pollution control are in the bankruptcy process, and to what extent the administrator has performed his duties in dealing with environmental pollution issues of the bankrupt and liquidated enterprises compared to relevant laws and regulations such as the Enterprise Bankruptcy Law. Therefore, based on our lawyers' experience in handling bankruptcy and liquidation cases, this article elaborates on our understanding of the above issues related to managing environmental pollution from bankruptcy and liquidation enterprises during bankruptcy and liquidation. This view only represents the view of Gao Peng's author. -
Epidemic Related Legal Practice Series | Crime of Obstructing the Prevention and Control of Infectious Diseases Related to Epidemic Diseases
2022 04/15Author:On March 31, 2022, the Supreme People's Procuratorate released the sixteenth batch of typical cases involving the COVID-19 handled by national procuratorial organs in accordance with the law, including the case of Mao who was suspected of interfering with the prevention and control of infectious diseases (the "Nanjing Mao Old Lady Case") due to his serious violation of the prevention and control regulations and the widespread spread of the epidemic. According to the disclosure of the highest level inspection, the suspect Mao refused to participate in the nucleic acid test when he knew that he was at risk of contracting COVID-19, and went out shopping and playing cards in the chess and card room for many times without taking any protective measures. After experiencing symptoms, he repeatedly hung up on the phone from the police and disease control department, and therefore intended to conceal the history of living in high-risk areas from the hospital, resulting in the closure of the hospital and the isolation of a large number of medical personnel. Upon investigation, there were 169 close contacts with Mao and 570 close contacts, of which 70 were diagnosed. Mao's behavior seriously disrupted the order of epidemic prevention and control, causing adverse social impact. On February 27, 2022, Mao was arrested with the approval of the procuratorate on suspicion of obstructing the prevention and treatment of infectious diseases. -
Epidemic Related Legal Practice Series | Community Group Purchase Convention Written by Shanghai Lawyers during the Epidemic Period
2022 04/14Author:Fang XiaofengAccording to the requirements of Shanghai's zoning control, citizens are encouraged to purchase daily necessities through online orders without leaving their homes. The online shopping method of community group buying quietly emerged during the epidemic and gradually occupied a place. -
Corporate Compliance Series | Eight Questions to Clarify EU Sanctions Policy against Russia
2022 04/13Author:Xian YuAfter the outbreak of the Russia-Ukraine conflict this year, the United States, the European Union and their allies escalated against Russia. The industry has conducted in-depth discussions on the economic sanctions and export controls imposed by the United States on Russia. Although the EU's sanctions policies have no extraterritorial effects, Chinese enterprises also pay attention to EU related sanctions policies, especially transactions and related contracts with EU elements. The following is a brief introduction to the EU's sanctions policy in the form of question and answer. -
Tax Compliance Series | Reflections on Tax Risks and Compliance Construction in the Webcast Industry
2022 04/12Author:Jia MengmengRecently, the State Internet Information Office, the State Administration of Taxation, and the State Administration of Market Supervision and Administration jointly issued the "Opinions on Further Regulating the Profit Making Behavior of Webcast to Promote the Healthy Development of the Industry", which requires "to strengthen the normative guidance of the profit making behavior of Webcast, encourage and support the lawful and compliant operation of Webcast, and promote the development of the Webcast industry in a standardized and standardized manner." That is to say, This year is the year of compliance for the online live streaming industry and the year of regulation and regulation of the platform economy. From last year's online celebrity anchors Sydney, Lin Shanshan, and Wei Ya to this year's online anchor Ping Rong (net name: Lv Sister-in-law Ping Rong), multiple online celebrity anchors have been investigated for tax evasion, causing widespread discussion and attention from all sectors of society. This undoubtedly signals that the platform live streaming industry should strengthen tax compliance construction. In this article, we will discuss the tax risk points of the online live streaming industry and the key points of tax compliance management. -
Enterprise Compliance Series | Interpreting the "Electronic Cigarette Management Measures" to understand the compliance management of electronic cigarettes under the new supervision
2022 04/11Author:Wang JingAs is well known, China implements a tobacco monopoly management system, which implements a monopoly license for the entire chain of production, sales, import and export of tobacco products. The "Tobacco Monopoly Law" and the "Regulations for the Implementation of the Tobacco Monopoly Law" stipulate the categories of tobacco monopoly products by way of enumeration, resulting in a regulatory gap for new tobacco products such as electronic cigarettes due to the lack of effective management basis before November 10, 2021. -
Corporate Compliance Series | Corporate Compliance from a Lawyer's Perspective
2022 04/08Author:In particular, the ZTE incident has become a landmark event promoting the strengthening of compliance development of Chinese enterprises, promoting domestic enterprises to enter a new stage of strengthening compliance operation and management. -
Insurance Compliance Series | Don't let the online celebrity "quarantine insurance" be poisoned by misleading sales
2022 04/07Author:Recently, the COVID-19 in Shanghai has once again touched the nerves of the whole society. In the current situation of multiple and dispersed spread of the epidemic, reducing personnel mobility is an effective means of preventing and controlling the epidemic. However, for those who travel frequently, cross regional mobility is still inevitable. It is very likely that an opportunity to travel for a short period of time will make business travelers the object of forced isolation. Some expenses or income losses that may occur during the isolation period naturally become great business opportunities that will not be ignored by insurance companies. "Isolation insurance" emerged as the times require.