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【Gao Peng Criminal Defense】Lowering the age of juvenile criminal responsibility to 12 years old? The lawyer said...
2020 10/22Author:Xu YingchaoDraft 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. -
Judicial aid warms people's hearts and lawyers' hearings help alleviate poverty
2020 10/22Author: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 -
Trust Practice Issue No. 7: Maximum Debt Authority for Maximum Mortgage
2020 10/14Author:Shen Min, Zhu YanIn 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? -
Case Study - "Investing" or "Lending"?
2020 09/24Author:Gu LinIn recent years, limited partnership private equity funds have become one of the most common modes of raising funds in the investment market. Limited partnership private equity fund refers to a fund operation mode in which investors and general partners establish a partnership, in which the investor is responsible for contributing capital as a limited partner of the partnership, and the general partner is responsible for the external investment of the partnership as a private equity fund manager. -
Case Notes – Keeping the billionaire's last property
2020 09/23Author:Shen ZhaomingMacau, Las Vegas of the East, the smell of money and the fanatia of chasers are in the air. With the thrill of small and broad and huge funds, let Tango indulge. -
These "subscription traps", you know?
2020 09/21Author:Li KejunThese "subscription traps", you know?
Preface: As we all know, it is "easy" to open a company as a boss now, you set the registered capital, the subscription period is still set by you, our "Company Law" fully respects your freedom of will, but as the saying goes, there is no free lunch in the world, while enjoying these freedoms, have you noticed the "trap" in this? -
Trust Practice Issue 6: Priority Distribution Rights of Priority Limited Partners of Partnerships
2020 09/16Author:Shen Min, Zhu YanFormulation of questions
Trust companies (representing the trust plan) as senior limited partners (hereinafter referred to as "senior LPs"), other investors as inferior partners, and trust companies as senior LPs give priority to the allocation of priority investment principal and benchmark income according to the agreement. Regarding the above transaction structure arrangement, customers often ask the following questions: -
Interpretation of the Deed Tax Law: "Tax First and Certificate" from the Perspective of Tax Debt Relationship
2020 09/04Author:Mao JunAs a property tax, the tax liability of deed tax should occur when the property right is transferred. For the convenience of collection, the Deed Tax Law advances the time of occurrence of tax liability to the time when the claim is established. In order to reduce the practical conflicts caused by the "tax before certificate", the Deed Tax Law also devises a reconciliation method. However, the tax-enterprise dispute between tax avoidance and anti-tax avoidance will still exist because of this. -
From "Thirty Only" Gu Jia was deceived to see the importance of legal due diligence
2020 09/02Author:Xie Xiangyang, Zheng XiaoxiaoOne of the hottest TV series in the summer of 2020 should be "Thirty Only", right? Each character in the play is alive, independent and multifaceted, and the three 30-year-old heroines are at different stages of life, but they are all caught in the cracks of marriage, family, and career. It is precisely because the plot resonates with the audience that the audience is substituted for it and full of emotion. As an ordinary person, watching TV may not only be a pastime, but also a "promotion and understanding" to some extent, when we encounter difficulties, in addition to rationality, we also need to understand certain legal common sense, and use the weapon of law to escort our life road. The author wants to talk about how Gu Jia, one of the shrewd and independent heroines, can not be deceived by Mrs. Li, the C position of the wife's circle?