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Criminal defense lawyers look over - how "guilty plea and punishment" cases should be defended
2020 03/27Author:Li PengOn October 24, 2019, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice issued the Guiding Opinions on the Application of the Leniency System for Pleas of Guilt, Punishment (Gao Procuratorate Fa [2019] No. 13, hereinafter referred to as the "Opinions"), which contains 60 articles, clarifying a number of controversial issues in judicial practice since the full implementation of the plea system. We believe that lawyers can achieve good defense results if they can accurately understand and apply them in criminal defense. -
Discussion on whether equity incentive dispute cases are labor disputes
2020 03/23Author:Zhao Liintroduction
Equity incentive is a double-edged sword, which plays a positive role in attracting, retaining and motivating talent, improving the company's performance and improving the company's core competitiveness, but may also bring risks to the company. For example, during the implementation of equity incentive or when terminating an equity incentive plan, it is easy to cause disputes between the company and the incentive recipients, and even lead to labor arbitration or litigation cases, so that the company and the incentive recipients are caught in litigation. -
Discussion on several issues of equity incentives of state-owned non-listed companies
2020 03/21Author:Zhao Li20In the early 90s of the century, in order to solve the outstanding problems such as insufficient development momentum in state-owned enterprises and state-owned enterprise employees eating "big pot rice", the state began to promote and deepen the reform of state-owned enterprises, and one of the important measures was to take the lead in introducing the equity incentive system in state-owned enterprises. In 2006, with the promulgation of relevant laws and regulations, the equity incentives of state-controlled listed companies have been followed by laws and have entered the track of rapid development. However, equity incentives have not played their expected role in state-owned non-listed companies, and even due to the imperfect relevant laws and policies, coupled with strict state-owned asset supervision and cumbersome approval procedures, equity incentives have become a system design that state-owned non-listed companies dare not touch. So, under the current conditions, is the equity incentive of state-owned non-listed companies suitable for implementation and how can it be implemented? This article will attempt to explore the above questions. -
Under the epidemic, the use of "force majeure" clauses in bond defaults is examined
2020 03/03Author:Liang JianSince January 2020, the novel coronavirus pneumonia epidemic has spread throughout the country. With the development of the epidemic, local people's governments at all levels have launched primary and secondary response measures for public health incidents, although these measures have effectively controlled the epidemic, but the epidemic has also brought serious negative impacts on the production and operation of enterprises and the development of China's economy. In addition to enterprises that ensure epidemic prevention and control, basic people's livelihood and urban operation, the business of many domestic enterprises has been shut down, among which the service industry (such as catering, hotels, tourism, offline consumption, offline commerce, etc.) and labor-intensive industries have been greatly impacted. This situation will inevitably result in defaults on future maturing bond products. -
The U.S. Securities and Exchange Commission issued a public statement on coronavirus risk disclosures
2020 02/24Author:Chen JunOn February 19,2020,U.S.Securities and Exchange Commission(“SEC”)and Public Company Accounting Oversight Board(“ -
The causes and consequences of the unemployment insurance job stabilization return (enterprise job stabilization) policy
2020 02/24Author:Li JunWhat is "unemployment insurance stable job return"? In one sentence, it can be interpreted as "the unemployment insurance fund provides incentives to eligible enterprises to stabilize employees' positions." -
Three hours to complete a criminal case during the epidemic, is it a violation?
2020 02/24Author:Wang XiOn February 14, 2020, the Fengman District People's Court of Jilin City applied the expedited judgment procedure to open the trial and pronounced a verdict on the spot for a crime of obstructing public service during the epidemic, and the defendant Yu Moumou was sentenced to 8 months in prison. From the acceptance of the case to the pronouncement of the verdict in court, it took only 3 hours. Once this case was reported, it triggered everyone's discussion, does it not violate the relevant laws and regulations for the court to handle a criminal case in 3 hours? The answer is definitely not violation, because the expedited procedure is used. Recently, many criminal cases during the epidemic have applied this procedure, so today we will talk about what is the expedited judgment procedure. -
Does "new crown pneumonia" constitute force majeure and lead to the inevitable termination of the operating housing lease contract?
2020 02/21Author:Shen WeiliangSince January 2020, the "new crown pneumonia" has been the hardest hit area in Wuhan and quickly broke out nationwide. Accordingly, the State Council and various provinces and cities have successively adopted a series of targeted epidemic prevention and control measures such as appropriately extending the Spring Festival holiday, postponing the resumption of work of enterprises, and closed management of communities, and the prevention and control measures taken by the central government and local authorities in this epidemic prevention and control have had a significant impact on many industries in society. Accordingly, this article will focus on whether the "new crown pneumonia" can constitute force majeure and lead to the inevitable cancellation of the housing lease contract when the tenant, especially small and medium-sized enterprises, has signed a housing lease contract before the prevention and control of the "new crown pneumonia" epidemic and the remaining lease period is long, and the current situation that the "new crown pneumonia" epidemic prevention and control needs to temporarily cannot use the house normally for operation? -
The boundary between this crime and other crime under the epidemic - the crime of endangering public safety by dangerous methods and the crime of obstructing the prevention and control of infectious diseases
2020 02/21Author:Yu Jia2020 is destined to be an extraordinary year, this sudden outbreak of new crown pneumonia touched the hearts of hundreds of millions of Chinese, and the haze of the virus shrouded the sky of China. In the past 2 months, everyone's mood has been like a roller coaster, experiencing emotion, anxiety and anger, we are touched by the love of frontline workers, and angered by those who ignore the health safety of others and the law.