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A Legal Person and the Past of WTO (2)
2021 05/05Author:Wang LeiThe restoration of seats was a standard action taken by the Chinese government to return to international organizations in the 1960s and 1970s. As a legal person, it is not difficult to understand this. In 1949, there was a change of government in China, but as a country, the main body of international law has not changed. What has changed is the government that acts on behalf of China internationally. The new government will inherit and continue the former government's actions and rights and obligations in the international community, and its seat in international organizations will naturally be inherited by the new government. -
A Legal Person and the Past of WTO (1)
2021 04/29Author: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. -
Five Focus: Government Information Disclosure VS Trade Secrets
2021 04/28Author:Cui ManhuaThe government information disclosure system is an important component in the field of administrative law. Its purpose is to ensure the institutionalization, openness, and transparency of government information, and effectively protect citizens' rights to participate in, know, and supervise administrative actions. In the process of producing, obtaining, and preserving government information, administrative agencies often obtain information involving trade secrets. When an applicant applies for the disclosure of such information, if they are informed that the relevant trade secrets will not be disclosed or partially disclosed, they may be dissatisfied with the results of administrative disclosure and may easily lead to subsequent administrative litigation. -
Several changes in the disclosure requirements for periodic and interim reports of listed companies in the new version of the "Management Measures for Information Disclosure of Listed Companies"
2021 04/27Author:Fan Chao、Xiao FangyongOn March 18, 2021, the China Securities Regulatory Commission issued a new version of the "Measures for the Administration of Information Disclosure by Listed Companies" (Order No. 182 of the China Securities Regulatory Commission, hereinafter referred to as the "Measures for the Administration of Information Disclosure"), which will be implemented as of May 1, 2021. Compared to the 2007 "Management Measures for Information Disclosure of Listed Companies" (hereinafter referred to as the old version of the "Information Disclosure Measures"), the new regulations have revised the disclosure requirements for periodic and interim reports of listed companies in the following aspects: -
Tripartite mediation mechanism in labor disputes
2021 04/22Author:Cheng DongThe tripartite mechanism for negotiating labor relations is a common practice in most market economy countries in the world. In the market economy environment, especially after the impact of the epidemic, establishing a tripartite coordination mechanism through government, trade unions, and enterprise organizations has become an inevitable choice to ensure harmonious and stable labor relations and maintain social stability. -
"Li Huanying" vs "Gui Ma", what is the difference between cinema movies and online movies?
2021 04/20Author:Peng MeiyangAccording to the latest online data, as of 16:24 pm on April 18th, the total box office (including pre sales) of the Chinese film market in 2021 exceeded 20 billion yuan, with a total audience of 475 million. Domestic box office revenue has reached the level of the entire year of 2020 (20.314 billion yuan), with the box office revenue of "Hello, Li Huanying" released during the Spring Festival season exceeding 5.4 billion yuan. At this exciting moment, the author can't help but think of "Lost Mom", which is also a maternal love theme, a comedy film, and a New Year's Eve film. -
Legal Analysis of Claims Caused by False Statements by Listed Companies
2021 04/16Author:Bai Yazheng、Zhou YixinLast week, a court session was held in the Qingdao Intermediate Court. The main facts of the case involved the disclosure of false information by listed companies and the failure to timely disclose information that should be disclosed. Throughout China's securities market, listed companies are frequently punished for misrepresentation. How can investors, as the biggest victims, protect their rights and interests? How to recover the resulting losses? Based on China's judicial practice and existing policies and regulations, the following is an explanation from the perspective of how investors protect their rights: -
Determination of Liability for Damages in Litigation Property Preservation
2021 04/10Author:Fan ChaoThis article uses two civil judgments of second instance made by the Supreme People's Court to conduct a legal analysis of the fault determination of applying for litigation property preservation. The two cases are Hainan Zhichengda Real Estate Development Co., Ltd. (hereinafter referred to as Hainan Zhichengda Company), Zheng Jinhong's dispute over liability for property preservation damage in the application lawsuit (hereinafter referred to as Hainan Zhichengda Company case), and Zhejiang Dongyi New Energy Power Technology Co., Ltd. (hereinafter referred to as Zhejiang Dongyi Company) The case of Ningbo Langhui Tools Co., Ltd. concerning the dispute over property preservation damage liability in the application lawsuit (hereinafter referred to as the Zhejiang Mobile First Company case). -
Screenwriter signature is a hot topic. How to give a screenwriter a reasonable and legal signature?
2021 04/08Author:Peng MeiyangAt the just past 2021 annual two sessions, Yan Jingming, member of the National Committee of the Chinese People's Political Consultative Conference and vice chairman of the Chinese Writers Association, proposed in the proposal of the CPPCC meeting that the legitimate rights and interests of screenwriters, such as the right of authorship, need to be urgently protected, and recommended that the competent authorities further clarify the rules for authorship and remuneration payment for screenwriters; Strengthen the distribution control of film and television works involving copyright disputes, and introduce a supervision and punishment mechanism. At the same time, the famous director Zheng Xiaolong and the famous writer Jiang Shengnan also unanimously proposed that the industry should pay more attention to the authorship rights of original writers such as screenwriters.