preface

The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") came into force on January 1, 2021. In order to cooperate with the implementation of the Civil Code, the Supreme People's Court, on the basis of clearing up relevant judicial interpretations, combined with judicial practice, The Supreme People's Court's Interpretation on the Application of the Guarantee Part of the Civil Code of the People's Republic of China (hereinafter referred to as the "Judicial Interpretation of the Guarantee System of the Civil Code") has been formulated and implemented simultaneously with the Civil Code. "What is the impact of the Civil Code and the Judicial Interpretation of the Civil Code Guarantee System on the project guarantee measures of financial institutions? What are the key points of attention for financial institutions to pay when arranging and implementing project guarantee measures after the Civil Code? We have made relevant summaries for reference.".

On December 19, 2020, the National Development and Reform Commission and the Ministry of Commerce jointly issued the Measures for the Security Review of Foreign Investment (hereinafter referred to as the "New Regulations on the Security Review of Foreign Investment") by ministerial Order No. 37. What is new in the new regulations on foreign investment security review? This article combines the practical experience of our firm in providing security trial legal services and attempts to interpret it from the perspective of practicing lawyers.

First, the background

On December 14, 2020, the State Administration for Market Regulation announced that, in accordance with the Anti-Monopoly Law, it had investigated three cases of concentration of undertakings that had not been declared in accordance with the law, including Alibaba Investment Co., Ltd.'s acquisition of the equity of Yintai Commercial (Group) Co., Ltd., the acquisition of the equity of Sunli Media Holdings Co., Ltd. by China Literature Group, and the acquisition of the equity of China Post Smart Delivery Technology Co., Ltd. by Shenzhen Fengchao Network Technology Co., Ltd. China Literature Group and Shenzhen Fengchao Network Technology Co., Ltd. were each fined RMB 500,000. This article intends to briefly analyze the differences between the three administrative punishment cases and the previous punishment cases for the readers.

Recently, in the process of receiving a consultation involving a virtual currency case, Mr. Xu found that many members of the public have limited knowledge of the concept and knowledge of virtual currency, and are easy to be deceived, so he wrote an article to explain the legal knowledge involving virtual currency, hoping to help the public understand relevant legal knowledge and stay away from illegal crimes.

Recently, the firm was entrusted to issue a legal opinion on the change of the operating entity of the Tmall store. It shows that law firms have more use as professional legal service institutions in the new economy. This article will introduce the issues involved in the issuance of legal opinions in the change of Tmall store operation entities in combination with practical practice.

preface
It is generally understood that divorce is caused by the breakdown of the relationship between the husband and wife. However, in reality, there is also a special kind of divorce because the parties do not have husband and wife feelings, but because the parties to the interest relationship establish a marriage relationship, and then need to dissolve the marriage relationship due to the end of the interest relationship. At the beginning, this formal registration of marriage because of interest is what we call "fake marriage".

Draft Amendment (XI) to the Criminal Law
On October 13, the draft Amendment to the Criminal Law (11) was submitted to the Standing Committee of the 13th National People's Congress for a second deliberation, and it is proposed that under specific circumstances and through special procedures, the legal minimum age of criminal responsibility be individually lowered. The draft stipulates that persons between the ages of 12 and 14 who commit the crime of intentional homicide or intentional injury, resulting in death, and the circumstances are egregious, shall bear criminal responsibility upon approval by the Supreme People's Procuratorate. At the same time, the draft gives overall consideration to issues related to the revision of the Criminal Law and the Law on the Prevention of Juvenile Delinquency, and reamends custody and education to specialized correctional education.

近日，我所刑事业务部顾霖律师受邀作为听证员，参加了由上海市人民检察院第一分院召开的司法救助听证会。本次听证会的主题是对林某某等五人申请国家司法救助一案进行公开听证。001.png司法救助申请人林某某等人是2016年刘某故意杀人案被害人林某的父母、配偶及未成年子女。林某被害后，其亲属未得到加害人的赔偿。被害人父母林某某夫妇年事已高；被害人妻子郑某某患病需长期服药，基本丧失劳动能力，仅靠低保补助抚养两名未成年儿

In the financing trust projects handled by trust companies, requiring the counterparty to provide collateral guarantee with collateral is usually an indispensable guarantee measure for the project, and when handling mortgage registration, there are reasons such as the registration agency requiring the trust company to handle the maximum amount of mortgage on the grounds that the loan contract stipulates that the loan will be issued in installments, and the loan amount is uncertain (only "not exceeding XX amount"). So is there a legal risk for a trust company to handle the maximum mortgage, and in judicial practice, how to determine the maximum amount of debt authority registered with the maximum mortgage?