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What is the long arm jurisdiction of the United States triggered by the Meng Wanzhou case?
2021 08/13Author:Zhang YiMs. Meng Wanzhou, the CFO of Huawei, was temporarily detained by the Canadian authorities on behalf of the United States government while transitioning in Canada. The United States is seeking the extradition of Ms. Meng and faces charges from the Federal Court for the Eastern District of New York that she is violating U.S. export controls and financial fraud. It is clear to all that the United States is suppressing China's high-tech enterprises, the "the Belt and Road" initiative proposed by China, and China's backbone in the new round of economic globalization. However, based on this repression, it is commonly believed that countries under the rule of law are carrying out it in the guise of law - the United States led "regulation" is ubiquitous through its special "long arm jurisdiction". Many enterprises are facing the issue of ex post litigation relief, and therefore are in a very passive position. In the new situation where the United States is implementing its trade protectionism on a large scale, compliance risk management for all Chinese enterprises will eventually move towards legal risk management. In order for Chinese enterprises to become bigger and stronger, it is important to systematically learn and understand the long arm governing laws of the United States in addition to being filled with righteous indignation. The Chinese government should also reasonably control compliance risks and accelerate its participation and leadership in the construction of the rule system in the new era of globalization. -
Years pass by, and old events unfold (Series 9)
2021 08/11Author: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, participated fully and deeply in the negotiation from the beginning, and was a legal person in the negotiation delegation. This year marks the 20th anniversary of China's accession to the WTO. Gao Pengsuo specially invited Lawyer Wang to write a series of articles to recall the details of those 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. -
Hot Spots in the Revision of the Arbitration Law: A Review of the Revision of the Arbitration Law from the Perspective of Facilitating the Parties' Standardized Participation in Commercial Arbitration Practice
2021 08/09Author:Li JunOn July 30, 2021, the Ministry of Justice officially opened the curtain on the comprehensive revision of the Arbitration Law by issuing a notice for public consultation on the "Arbitration Law of the People's Republic of China (Revised) (Draft for Comments)". The current arbitration law amended individual provisions in 2009 and 2017, respectively. During the long 26 years of implementation, more than 270 arbitration institutions have been established in accordance with the law throughout the country (which is conducive to local parties participating in arbitration nearby), handling more than 4 million arbitration cases, involving more than 50000 yuan in the subject matter. The disputes resolved cover many economic and social fields, involving more than 100 countries and regions around the world. As a unique dispute resolution mechanism, arbitration has played a positive and important role in promoting reform and opening up, economic development, and maintaining social stability. With the evolution of social economy and legal environment, arbitration law also needs to be updated and developed accordingly. Specifically, this draft for comment adds 19 articles compared to the current arbitration law, directly reflecting the proposed revisions that facilitate the parties (and their agents) to regulate their participation in the field of commercial arbitration practice, such as: -
Effective defense in pre-trial meetings
2021 08/06Author:Li Rong引言有效辩护是指为犯罪嫌疑人或被告人获得最有利结果而针对指控尽职尽责地进行的辩护。它体现在刑事诉讼的每一个环节。当前随着刑事诉讼制度改革,诸多刑事诉讼程序为刑辩律师的有效辩护提出了新挑战。其中,做为推进庭审实质化的重要配套措施之一的庭前会议制度在实践中的适用也越来越多,一些重大案件中的“大庭前会议,小庭审程序”现象也越来越突出。如此,在庭前会议中如何进行有效辩护也越来越成为刑辩律师高度重视的问题 -
Analysis on the Elements of Anti monopoly Law Triggered by "Package Promotion"
2021 08/04Author:TanYajun"Package sales promotion" - A promotional measure that bundles several commodities for discount sales or bundles hot selling commodities with slow selling commodities, has always been favored by many enterprises as an effective way to improve enterprise efficiency and promote product sales. Especially when enterprises encounter crises and product sales are not smooth, in order to reverse the adverse situation and recover funds, It is often a preferred promotional measure for various enterprises. -
Using the Case to Say "Mutual Benefit Debt" -- Can the Debt Before the Acceptance of the Bankruptcy Application Be Recognized as Mutual Benefit Debt
2021 08/02Author:Wang Mingtao、QiuWanya、Yang Liu"When an enterprise enters bankruptcy proceedings, if both parties have not fulfilled the contract, the administrator may decide to terminate the contract or continue to perform the contract. Under certain conditions, the administrator may also decide to continue the company's business.". There is no dispute as to whether the debts incurred by the people's court in continuing to perform the contract after accepting the bankruptcy application belong to the common interest debts. However, the "Enterprise Bankruptcy Law" does not specify whether debts incurred under contracts that continue to be performed prior to the acceptance of bankruptcy applications should be recognized as co beneficial debts. Therefore, the dispute has always existed in practice. Some courts have ruled that it is a co beneficial debt, while others have not supported the opinion that it is a co beneficial debt. Based on the case undertaken by our firm, this article elaborates on our understanding of co beneficial debt, which only represents the view of Gao Peng's author. -
Does the thickness of the car paint vary, constituting fraud?
2021 07/30Author:Zhang JianBrief description of the case:
In January 2019, the plaintiff, Mr. Li, purchased an off-road vehicle from the defendant, a vehicle sales service company, and paid more than 800000 yuan for the purchase. In July 2019, the plaintiff, Li Mou, filed a lawsuit against the defendant, a vehicle sales service limited company, claiming that during the use of the vehicle, he found that the paint thickness of the vehicle was inconsistent. He believed that the defendant, a vehicle sales service limited company, intentionally concealed this situation during the sale of the vehicle, and was fraudulent in intent. He requested the defendant, a vehicle sales service limited company, to refund the purchase price and compensate for losses based on three times the purchase price, The total expenses are over 3.6 million yuan. -
"On Demand" or "Looking Back", which infringement of "Langya Bang"—— Look at the confusion and differentiation of film and television drama authorization under new broadcast media
2021 07/28Author:Peng MeiyangIn the previous article, the author introduced in detail the concepts of distribution rights, broadcasting rights, screening rights, and information network dissemination rights, as well as the corresponding concrete embodiment in practice. Cinemas need to obtain the right to show movies and TV dramas, television stations need to obtain the right to broadcast movies and TV dramas, and network platforms need to obtain the right to disseminate information through the network. However, there may be many complex situations in practice, especially with the rapid development of the Internet. In addition to traditional cinema and television broadcast media, there have also emerged many new broadcast media, such as cable TV, IPTV, on-demand theaters, hotels, transportation vehicles, private cinemas, entertainment venues, and so on. These new broadcast media have generated a lot of disputes in the practice of the film and television industry. -
Years pass by, and old events unfold (Series 8)
2021 07/26Author:Wang LeiDuring the more than a year of "demining" by the two kings of the Chinese delegation, the work of the China Working Group has made little progress. Obviously, the entry of both sides of the Taiwan Strait into the General Agreement on Tariffs and Trade is actually bound together. Without resolving the Taiwan issue, China's negotiations will be difficult to proceed. However, the main contracting parties in the West, led by the United States, the Secretariat of the General Agreement, and the Chairman of the China Working Group, Gillard, are also very clear about a political red line, that is, the Taiwan issue cannot be bypassed by China and cannot be negotiated with the Chinese government. Without the consent of the Chinese government, the Taiwan issue is exempt from negotiations.