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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crimes, fraud crimes, extortion crimes, and sentenced to severe penalties, but the original civil judgments have not been revoked through any retrial process.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. -
Why Should the Giant Be Open -- An Analysis of Blocking URL Links
2021 09/27Author:Jiang Liyong34 years ago, in the summer of 1987 - at the time, in the law firm where I was working, some young colleagues were not yet born - Werner Zorn, a German professor who was attending an international conference in China, together with the Chinese team, sent an email to Germany at 21:07 on September 14, 1987 in both German and English in the name of the Beijing Institute of Computer Applied Technology. This is often considered the first email sent from China. -
Legal Interpretation of Policies Involved in the Evergrande Crisis
2021 09/27Author:Fan ChaoRecently, Evergrande, a leading Chinese real estate company, has become the overwhelming focus of hot news, with all parties in the capital market focusing their attention on Evergrande. -
Successful prediction six years ago: China has no choice to participate in the TPP
2021 09/27Author:Wang LeiEditor's Note: A week ago, on September 16, 2021, China applied to join the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP). The predecessor of this agreement is the Trans Pacific Partnership Agreement, which was negotiated by the United States, Japan, Australia, several ASEAN and Latin American countries on October 5, 2015. At that time, some people called it "Economic NATO". The United States withdrew in 2017. In the same year, Japan and Vietnam announced that they would continue to promote TPP without the United States, and renamed it "Comprehensive and Progressive TPP" (CPTPP). Wang Lei, a lawyer from Gaopeng Law Firm, wrote the following essay in his circle of friends six years ago on the day of the TPP negotiation, asserting that China had no choice in participating in the TPP. On the occasion of China's application to join the CPTPP, I will send you the old article again. -
Years pass by, and old events unfold (Part 11 of the serie
2021 09/27Author:王磊Editor'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. -
Under the "double reduction" policy, how do parents respond and safeguard their rights?
2021 09/14Author:Peng MeiyangRecently, with the introduction and implementation of the General Office of the State Council's "Opinions on Further Reducing the Burden of Students' Homework and Off campus Training in Compulsory Education" (hereinafter referred to as the "Double Reduction" Opinions), the special governance of off campus training institutions has kicked off. In just over a month, off-school training institutions have been in chaos, with frequent incidents of "explosions" and "runaways". Consumer disputes involving education and training have also become a hot and painful issue for parents, leaving them confused. How can they fulfill the training contracts they have signed up for? How can training institutions protect their rights without refunding fees? What issues should I pay attention to if I continue to participate in the training? -
Analysis of Debt Addition and Suggestions for Legal Practice
2021 09/08Author:姜丽勇,秦一In addition to common security measures such as mortgages, pledges, and guarantees, credit enhancement measures such as margin replenishment, liquidity support, and debt addition are also common in daily business operations. This article briefly reviews the legal provisions on debt accession and puts forward some practical suggestions, hoping to provide readers with certain reference and inspiration.