
Insights
Insights
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Comments on Several Main Issues in the Statement of Seven Trade Ministers
2021 05/31Author:Tang Xiaobing、Wang LeiOn May 28th last week, the trade ministers of the Group of Seven (G7) issued a joint statement (hereinafter referred to as "the statement"), covering several areas of the multilateral trading system with the WTO as its core. This is the position document of the seven Western countries on the WTO so far, and it is also a relatively comprehensive preparation for the agenda of the 12th WTO Ministerial Conference at the end of this year. -
After signing the equity pledge contract, if the pledge registration is not handled, how can creditors protect their rights?
2021 05/28Author:Sun Meiyan、Wu Lihua、Chen Chongintroduction
Signing equity pledge agreements is a common form of guarantee in commercial transactions. Article 443 of the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") stipulates that "the pledge right shall be established when the pledge registration is handled." After the actual signing of the agreement, there are many attempts by the guarantor to block the establishment of the equity pledge by means of "not handling the pledge registration", and to achieve the purpose of evading the guarantee liability. -
Using American Judicial Review to Balance the US Government's Discriminatory Trade Protection Policy towards China -- Combined with the case of Shuangqian Group v. US Department of Commerce OTR tire anti-dumping and separate tax rates
2021 05/26Author:Zhang Yiintroduction
Shuangqian Group Co., Ltd. was once the only corporate representative invited to give a keynote speech at the National Trade Remedy Working Conference of the Ministry of Commerce of China. We helped them actively use all legal remedies available to them, such as the United States Department of Commerce, the United States Court of International Trade, and the WTO Dispute Settlement Body, to persevere and actively defend, and obtain the lowest single preferential anti-dumping and countervailing tax rate in multiple anti-dumping cases against China from the United States, Not only has it safeguarded its legitimate export rights and interests, but it has also expanded overseas markets and achieved significant competitive advantages and benefits. -
"Alternative" under Anti monopoly Law and Anti Unfair Competition Law: From "360 Case" to "Meituan Case"
2021 05/25Author:Gao YuanOn April 26, the State Administration of Market Supervision released a news release, which filed a case for investigation of suspected monopolistic practices such as "one out of two" against Meituan in accordance with the law. Meituan is the second large internet platform company to be officially announced for antitrust investigation after Alibaba. -
A Legal Person and the Past of WTO (4)
2021 05/24Author:Wang Lei
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, 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. -
Remedies for natural persons such as legal representatives and actual controllers who are "limited in height" due to the enforcement of the unit
2021 05/21Author:Wang Mingtao、QiuWanya、Yang LiuWith the strengthening of enforcement efforts, more and more units that are unable to fulfill their obligations as determined by effective legal documents have been included in the list of persons subject to high limit or dishonest enforcement, and the relevant responsible subjects such as legal representatives, actual controllers, and other natural persons have also been included in the "high limit list" by the people's courts. Many people are concerned about whether there are other ways or means to extricate natural persons from the "high limit list" who are not able to fulfill all the obligations specified in the effective legal documents and who are punished by "sitting in tandem" due to their failure to perform. This article introduces, analyzes, and discusses the scope, impact, and relief avenues of the punished person in combination with our practical operations. -
Do I need authorization to adapt movies and TV dramas from real people and events?
2021 05/19Author:Peng MeiyangIn order to restore the shocking real events in the long river of human history, artists and investors are keen to adapt real people and events into film and television dramas and present them to the public, such as "The Name of the People", "Chinese Women's Volleyball", "Chinese Captain", "I Am Not the Drug God", and so on. Is it possible to adapt movies and TV dramas based on real people and events? Do you need authorization from a prototype character or someone else? The author intends to analyze the above issues from the following three aspects. -
What conditions are required for judicial compulsory dissolution of a company and how to prepare for litigation
2021 05/17Author:Zhao LiIntroduction: When the contradictions between shareholders of a company cannot be reconciled, resulting in the failure of the shareholders' meeting mechanism and the loss of the company's human compatibility foundation, a company deadlock may occur. According to the general theory, the company deadlock is the only reason for judicial compulsory dissolution of the company. Article 182 of the Company Law and Article 1 of the Interpretation 2 of the Company Law stipulate the relevant legal conditions required to forcibly dissolve a company through judicial intervention in the event of a deadlock in the company. Dissolution of a company is the most destructive and destructive for the company, and may have a significant impact on the company, its other shareholders, and creditors. Therefore, it is relatively difficult to apply for judicial compulsory dissolution of a company, whether in terms of the strictness embodied in the above legal provisions, or in terms of the humble judicial policy stance applied to judicial power and the grasp of such cases in judicial practice. So, if the contradictions between the shareholders of a company have intensified to the extent that they cannot be reconciled, is it feasible for shareholders to withdraw from the company through judicial dissolution? What conditions should the court examine to support judicial dissolution of the company? What litigation preparations do I need to make if I apply for dissolution of the company? This article will attempt to answer the above questions. -
A Legal Person and the Past of WTO (3)
2021 05/12Author:Wang LeiDuring 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.