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Determination of Data Identity in Intellectual Property Cases
2024 04/23Author:Zhu JiapingAccurate determination of data identity is crucial in intellectual property cases, as it directly affects the trial and judgment results of the case. Firstly, it plays a crucial role in evidence preservation by determining data integrity or tampering, ensuring the legality of the evidence. Secondly, the determination of the identity of the data between the plaintiff and defendant helps to prove the authenticity of the infringement facts. Finally, determining data consistency can help confirm the scope of infringement and affect the determination of the consequences of infringement. It can be seen that the determination of data identity directly supports the effective implementation of the intellectual property legal system and is an important link in ensuring judicial fairness and protecting intellectual property. -
How to balance trade secret protection and employee mobility in the frequent disputes in the field of autonomous driving?
2024 04/22Author:Zhou XuetengRecently, the grand debut of domestic cars such as Xiaomi, NIO, and Ideal has attracted everyone's attention. Technology has changed life, and this concept is constantly moving towards new stages in the automotive industry. However, the cutting-edge technology of autonomous driving has long been subject to disputes over patents, technical secrets, and other related issues. The reasons for this are not only the high, precision, and cutting-edge characteristics of the field and the scarcity of top talents, but also the inherent conflict between personnel mobility and trade secret protection. -
How to determine the identity attributes of industry association staff
2024 04/12Author:Dong XiaohuaIndustry associations and chambers of commerce are important components of social organizations in China. Their member entities are units engaged in economic activities of the same nature, industry personnel, or economic organizations in the same region. Their names are generally suffix with words such as "Industry Association", "Association", "Chamber of Commerce", "Industry Guild", "Federation", "Promotion Association", etc. In addition to possessing the basic characteristics of non-profit and non-governmental social organizations, industry associations and chambers of commerce also exhibit significant characteristics such as industry, industry, and economy. -
Increased Criminal Risk for Issuers - Crime of Fraudulent Issuance of Securities
2024 04/10Author:Wei LijuanLooking back at 2023, the securities industry has undergone great changes. Whether it is the establishment of the State Administration for Financial Supervision and Administration, or the multiple normative documents and exchange business rules issued by the China Securities Regulatory Commission, all convey the country's attitude towards strong supervision of the securities market. After 30 years of development, our securities market has indeed entered a deep reform zone, and many problems have accumulated for a long time. Among them, fraudulent issuance has always been a "cancer" in the securities market. There are mature "packaging" institutions in the market that specialize in providing comprehensive decoration and packaging for potential listed companies, enabling them to issue stocks or bonds to obtain undue benefits. Financial fraud incidents such as Luckin Coffee and Purple Crystal Storage continue to emerge, causing a huge impact on the securities market and investors, endangering the order and financial security of China's securities market. The China Securities Regulatory Commission has repeatedly stated that it will promote the implementation of administrative, civil, and criminal penalties for fraudulent issuance to form a strong deterrent. To this end, we have launched a series of articles on fraudulent distribution, sharing practical cases related to fraudulent distribution with everyone and exploring relevant legal issues. This article is the first in a series of articles, please continue to follow. -
Interpretation of "Two Highs" on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Harmful Tax Collection and Management
2024 03/21Author:Jia MengmengThe Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Harmful Tax Collection and Management, which came into effect on March 20, 2024, Law Interpretation [2024] No. 4, further clarifies the conviction and sentencing standards, understanding of charges, legal application of new criminal methods, and punishment principles for 14 tax related crimes, including the crime of tax evasion, evasion of tax arrears, fraud of export tax refunds, and falsification of value-added tax special invoices. The author of this article, based on years of experience in representing tax related criminal and administrative cases, interprets several high incidence charges such as tax evasion mentioned in Fa Shi [2024] No. 4 and the key issues that readers are concerned about, in order to be beneficial to readers. -
Can consumers claim triple compensation when encountering insurance fraud?
2024 03/15Author:Li ZongjiangLast year, our team acted as an agent for an annuity insurance surrender case, with a surrender amount of 1.5 million yuan. With the efforts of our team and multiple negotiations, the insurance company finally refunded the full premium to the customer. When formulating the litigation plan, we prepared a plan to claim triple compensation from the insurance company. If the case enters the litigation process, whether insurance consumers can claim triple punitive damages in the event of insurance fraud will become the biggest controversial focus. -
Have you understood the profoundness of Article 20?
2024 03/12Author:Dong XiaohuaI watched director Zhang Yimou's "Article 20" with great anticipation during the Spring Festival holiday. Emotions change from sadness and anger to pain as the story unfolds. When the prosecutor's office ultimately determines that the defendant constitutes legitimate defense and is acquitted, the suppressed emotions instantly turn into tears as justice is upheld. Perhaps some people will say that as a legal person, how could you be moved by such emotional movies! But what I want to say is that this is a very profound legal film, which accurately grasps the current situation of legitimate defense in judicial practice and truthfully reproduces the difficulties in determining legitimate defense. -
Why should lawyers be involved in insurance claims in advance?
2024 02/27Author:Li ZongjiangBy the time we wrote this question, we had already provided legal services for claims litigation for a large domestic insurance company for six consecutive years. From car insurance to non car insurance, from property insurance to personal insurance, from litigation property preservation liability insurance to employer liability insurance. The more insurance dispute cases we handle on behalf of insurance companies, the more we realize that it is necessary for lawyers to intervene in insurance claim cases in advance! -
Starting from the image of a lawyer in the movie "Article 20"
2024 02/20Author:Ren GuiThe recently released film "Article 20" directed by Zhang Yimou is currently popular. As a former prosecutor and now a lawyer, I feel like I'm stuck in my throat and don't want to express myself. So, let's take advantage of the heat and chat a few words.