The Administrative Punishment Law of the People's Republic of China has been amended twice since its implementation on October 1, 1996, and this year it has been overhauled. The draft of the revised draft has been published in full on the Chinese website for public comment. One of the most interesting points of this revision is that the types of administrative punishments have been adjusted and some new types of punishments have been added.

01. Dismantling of the concept of "significant lack of capital"
Article 12 of the Minutes stipulates that a significant lack of capital refers to a significant mismatch between the amount of capital actually invested by shareholders in the company after the establishment of the company and the risks implied by the company's operation.

The crime of obstructing safe driving refers to the behavior of passengers using violence or snatching driving control devices against the driver of a moving public transport vehicle, interfering with the normal operation of the public transport, or the driver beating each other with others, endangering public safety.

In a legal sense, "revocation" refers to the extinguishment of the legal effect of "pre-existing events or acts" by the act of revocation. "Revocation" is a protective measure after "existing events or acts" infringe on one's legitimate rights and interests, and is a right to relief. So "revocation" is achieved by exercising the "right of revocation". "Revocation" is fundamentally different from "invalidity", "rescission" and "retrospectiveness".

Tomorrow and the unexpected we never know who will come first. In 2020, a sudden "epidemic" disrupted our peaceful life. At the same time, it also makes the "force majeure", which has always been regarded as a "supporting role" of the contract, break into the public's field of vision. Under the "epidemic", we have to re-examine "force majeure".

In the process of handling enterprise bankruptcy liquidation cases, administrators often encounter the issue of transferring vehicle assets of the bankrupt enterprise or the compulsory liquidation enterprise. Usually, in addition to the above-mentioned enterprises voluntarily handing over vehicle assets to the administrator, the administrator will also go to the vehicle management agency of the local public security organ to inquire about bankruptcy or compulsory liquidation of movable property such as motor vehicles under the name of the enterprise. Especially for those enterprises filed by creditors that apply for debtor bankruptcy or compulsory liquidation, it is more necessary for the administrator to take the initiative to go to the vehicle management office to find out the situation of the motor vehicles under the name of the enterprise.

In the process of providing legal services for equity investment trust projects of trust companies, the author's team often encounters the following transaction structure arrangements: the trust company uses the trust funds to increase the capital to the target company, part of the funds in the capital increase are included in the registered capital, and part of the funds are included in the capital reserve of the target company, and it is clarified that this part of the capital reserve is exclusively enjoyed by the trust company (as the trust trustee representing the trust, the same below).

Generally speaking, contracts are divided into four types according to their validity: valid contracts, invalid contracts, contracts whose validity is pending and contracts that can be changed and revoked. In fact, there is also a fifth type of contract validity widely present in judicial practice, that is, "not in force" contracts.

I. Correct understanding of "invalidity" in the legal sense
What is "invalid"? The meaning of the word is interpreted as having no effect, so "invalid" in the legal sense means that it does not have legal effect. So what is legal effect? The main purpose of the law is the protection of rights and interests, and the norms of conduct or punitive measures stipulated by the law are all aimed at protecting legitimate rights and interests.