-
Cross border Insurance Trust "Pitfall Avoidance" Guide
2023 10/26Author:Wang ShuaifengMr. Zhang is a senior executive of a large private enterprise and a Chinese tax resident. He has a "pearl in his hand" named Xiao Zhang, who is 21 years old and currently studying at a university in Canada. After graduation, he plans to settle in Canada. After discussing with his wife, Mr. Zhang plans to transfer his bank deposit to his only daughter. After multiple considerations, Mr. Zhang has decided to pass on the bank deposit to his daughter through an insurance trust. But the beneficiaries of this insurance benefit trust involve Canadian tax residents, so there will be more factors to consider when designing. This article will combine cases to sort out the elements that need to be considered in the design of cross-border insurance fund trusts. It should be emphasized that the "cross-border insurance benefit trust" referred to in this article specifically refers to insurance benefit trusts where the beneficiaries of the trust are overseas tax residents. -
The owner of Sichuan's injurious black dog has been detained by torture, and subsequent accountability may not meet expectations
2023 10/20Author:Rao MeifenRecently, an unlined black Rottweiler dog suddenly attacked and bit a two year old girl in Chongzhou City, Sichuan, causing more than 20 wounds on her body. She is still unconscious to this day. The owner of the black Rottweiler, Tang, has been criminally detained by Chongzhou police in accordance with the law. -
After being injured in a traffic accident, the unit can still claim the cost of work delay even though it pays wages normally!
2023 10/08Author:Li ZongjiangAccording to Chinese laws and regulations, compensation for lost work expenses refers to the losses incurred by the victim during the treatment period. If the victim has a fixed income, the cost of work delay shall be calculated based on the actual reduced income per day. -
Can a TV drama be broadcasted once it's filmed? It's not that simple!
2023 09/22Author:Peng MeiyangIn recent years, the domestic film and television industry has flourished, with tens of thousands of TV dramas (including online dramas) being brought onto TV screens and computer phone screens every year. Almost everyone in China, with over a billion viewers, follows dramas and can discover new ones every day. In the eyes of many people, it is not difficult to shoot TV dramas. Many 40 episode TV dramas can be completed in just six months, with only a few wealthy people. But the fact is not that. There is a saying in the film and television industry that goes like a tongue twister, "With ideas, one cannot necessarily film, one cannot film, one cannot film, one cannot film, one cannot release, and one cannot release..." A TV series, from filming to broadcasting, is equivalent to passing the five hurdles and six obstacles in China's current administrative licensing and review process -
An Analysis of the Relief Approaches for Disciplinary Actions in Universities
2023 09/13Author:Wang yuAccording to Article 60 and Article 62 of the "Regulations on the Management of Students in Ordinary Higher Education Institutions" (2017 Revision), if students have objections to the disciplinary measures taken by universities, they can submit a review to the school's Student Appeal Processing Committee in accordance with the law. If they are not satisfied with the review, they can submit a lawsuit to the education administrative department. If students are not satisfied with the appeal decision of the education administrative department, can they apply for administrative reconsideration or file an administrative lawsuit in accordance with the relevant provisions of the Administrative Reconsideration Law and the Administrative Litigation Law? Can students directly file administrative lawsuits with the people's court in response to disciplinary decisions made by universities? The author combined his practical experience in representing educational administrative litigation cases with reference to judicial decisions to briefly sort them out. -
Will the Amendment to the Criminal Law (12) Mistakenly Injure Private Entrepreneurs
2023 09/08Author:Dong XiaohuaThe announcement of the draft amendment to the Criminal Law (XII) sparked heated discussions. Most people are in favor of the revised content, believing that it is conducive to anti-corruption and crime prevention for private enterprises, and strengthening the protection of private enterprises. Before this revision, only relevant personnel of state-owned companies and enterprises could constitute crimes of breaking trust such as illegally operating similar businesses and illegally profiting for family and friends. This is a special protection for state-owned enterprises, preventing enterprise managers from using their power for personal gain and infringing on state-owned property. However, in practice, there are many behaviors that exploit the convenience of their positions to infringe on the interests of private enterprises, but they are not protected by criminal law. Private entrepreneurs and judicial workers have called for many years, and finally received a response in the Criminal Law Amendment (12). The author believes that this is a progress in the rule of law and a milestone change in achieving equal protection for state-owned and private enterprises. -
Judicial Determination and Trial Practice of the Crime of Illegally Engaging in Similar Businesses
2023 07/17Author:Feng ChengchengRecently, the frequent occurrence of corruption cases has sparked the author's interest in re researching job related crimes. In China's Criminal Law, there is a separate chapter, Chapter 8, which summarizes the crimes of corruption and bribery, including the well-known crimes of corruption, bribery, bribery, and so on. The legal community has also conducted the most research on these common charges. However, in the chapter of the crime of disrupting the order of the Socialist market economy in the third chapter, there is another crime that corrupt people may be involved in, namely, the crime of illegally operating similar businesses. Regarding this accusation, legal professionals have not paid much attention and research is also limited. In view of this, the author briefly summarizes the determination and trial practice of this charge, in order to help everyone further understand this charge. -
If the insured obligor and the infringer are inconsistent, the liability within the limit of compulsory insurance liability shall be borne
2023 07/13Author:Li ZongjiangCompulsory liability insurance for motor vehicle traffic accidents (referred to as compulsory traffic insurance) is a mandatory insurance stipulated by Chinese law. It is the legal obligation of motor vehicle owners or managers to purchase compulsory traffic insurance in accordance with the law. According to Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Compensation Cases for Road Traffic Accident Damage (2020) (hereinafter referred to as the "Judicial Interpretation"), if the policyholder fails to purchase compulsory traffic insurance, the policyholder shall compensate within the limit of liability for compulsory traffic insurance in the event of a traffic accident. -
How to Hold Shareholders Responsible for Corporate Debts Series 10: Holding Shareholders Responsible for Illegal Capital Reduction
2023 07/12Author:Li KejunAs mentioned last time, if the company owes money, creditors can hold shareholders responsible for evading their capital contributions. This time, I will tell you how to hold shareholders responsible for illegal capital reduction.