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Shame and fear are important obstacles in determining the crime of rape
2021 10/27Author:Dong XiaohuaMany crimes of rape committed among acquaintances cannot be identified in judicial practice due to the difficulty of obtaining evidence. In addition to factors such as the absence of witnesses in the enclosed space and the lack of objective evidence, the ambiguity of facts, insufficient evidence, and the loss of evidence caused by the victim's sense of shame and fear are also important factors.
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Legal Analysis on Blocking URL Links Part 2 - Compliance Risks and Work Suggestions
2021 10/22Author:Jiang Liyong、Zhang BoOn September 9, 2021, the relevant business departments of the Ministry of Industry and Information Technology convened a "Administrative Guidance Meeting on Blocking URL Links" for multiple enterprises operating Internet platform businesses. At the meeting, the Ministry of Industry and Information Technology proposed three compliance standards for "interconnection and interworking" between instant messaging software, and requested that all platforms be unblocked according to the standards within the deadline: -
Gao Peng Criminal · Half Month Talk | Issue 03
2021 10/15Author:Dong XiaohuaRecently, lawyer Dong Xiaohua, a senior partner of Gaopeng Law Firm, represented Zhang in the case of suspected negligence leading to death. Due to the lawyer's timely intervention, he promptly submitted defense opinions based on the materials learned from the investigation. After unremitting efforts, the client was released on bail pending trial seven days after being detained in criminal detention, and received unanimous praise from his family and the client. -
How can a brokerage company avoid becoming a "pot bearer" of unscrupulous artists?
2021 10/13Author:Zhang LianliRecently, the entertainment industry has witnessed an endless stream of startling events, which have greatly enriched the eyes of the melon eating masses. However, how much joy and worry do you have? In the face of the situation where celebrity artists have lost their virtue, leading to the high cost of early investment in film and television dramas being banned, removed from the shelves, and the termination of the endorsement brand contract, where should the brokerage company go? Will it become a "pot bearer"? -
Four highlights of the new "Three Guarantees Method for Automobile"
2021 10/11Author:Qin WenyanIn recent years, with the increasing awareness of consumer rights protection, complaints about engine failure, vehicle oil leakage, and inability to work of the transmission have continuously emerged after consumers purchase a vehicle, and automotive consumer rights protection ranks at the top of the complaint list. China's "Regulations on Responsibility for Repair, Replacement, and Return of Household Automotive Products" came into effect on October 1, 2013. In the context of the automotive industry entering the era of new energy and new technology, the old San Bao Law has emerged as a gap in industry regulation. -
Years pass by, and old events unfold (concluding remarks)
2021 10/09Author:Wang LeiEditor's Note: During the fifteen years from 1986 to 2001, after arduous negotiations, China joined the World Trade Organization. Wang Lei, a lawyer from Gaopeng Law Firm, has been fully and deeply involved in the negotiation from the beginning and is a legal person in the negotiation delegation. This year marks the 20th anniversary of China's accession to the WTO. Lawyer Wang has written a series of articles on "The Legal Person and the Past of the WTO", recalling every bit of the eventful years. We also take this opportunity to pay tribute to those who stood at the forefront of reform and opening up and worked hard in the negotiations for the national interests. -
Examining and Thinking on "Criminal Priority" in Criminal and Civil Cross Cases
2021 09/30Author:Dong XiaohuaIn a number of criminal cases that I have participated in, the author has found that some criminal judgments have identified contracts or creditor's rights disputes that have been confirmed by civil judgments as false litigation crimes, fraud crimes, extortion crimes, and sentenced to severe penalties, but the original civil judgments have not been revoked through any retrial process. This makes the author have two questions: the boundary between civil disputes and crimes is also the jurisdiction. Who the final say? Between different types of litigation, what procedures should be performed to overturn the facts identified by an effective judgment? -
Gao Peng Criminal · Half Month Talk | Issue 02
2021 09/29Author:Dong XiaohuaOn September 26th, our criminal team held a case seminar to discuss a case involving contract fraud and securities market manipulation that lawyers Dong Xiaohua and Zhu Ting are handling. The case involved more than 200 million yuan, involving actual controllers of listed companies, regional principals of securities companies, etc. After full argumentation, the case handling team has formed an innocent defense opinion. Next, it will strengthen communication with the procuratorial organ. -
The Crime and Punishment of "Meili Loan"
2021 09/28Author:Li Rong
Recently, Rule of Law Daily and CCTV Hot Review reported a fraud case tried by the People's Court of Chaoyang District, Beijing. The case is also known as "Meili Loan" and is considered to be superior to the segments in the popular film and television series "Anti Black Storm". The defendant released a highly paid recruitment information for a secretary in the name of the company, took the victim who came to apply for a job to a medical and aesthetic institution on the grounds that he needed plastic surgery upon entry, and induced the victim to apply for a medical and aesthetic loan on platforms such as a loan company on the grounds that he promised to reimburse plastic surgery expenses or receive a high salary to repay the loan upon entry. The loan company directly remitted the money to the medical and aesthetic institution, and the defendant and the medical and aesthetic institution were divided into 73%. Then find an excuse to refuse the victim's admission, and the victim repays the loan himself. The defendant's behavior was determined by the court to constitute a crime of fraud and was sentenced to fixed-term imprisonment and a fine. Coincidentally, on September 25th, CCTV's "First Time" column also reported on "Meili Loan", which conducted a visit and investigation on the chaos of "Meili Loan" in medical and aesthetic institutions. It is pointed out that medical and aesthetic institutions often exaggerate the importance of plastic surgery, or use skin testing to exaggerate skin problems, or even recommend expensive beauty packages to induce customers to sign up for medical and aesthetic loans after allowing them to experience low-cost skin care and causing them to experience serious skin problems. The medical beauty loan is directly credited to the account of the medical beauty institution. Its interest rate is higher than 30%, and with various medical and beauty service fees, some interest rates can reach as high as 60%, which puts a heavy burden on many customers. In the report, experts pointed out that fraud in "Meili Loan" can be solved through civil means.