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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. -
The Event of People's Congress Leaking Information -- On the Crime and Responsibility of Leaking Information in the The Internet Age
2023 07/04Author:Zhou YixinRecently, it was rumored on the internet that a master's degree graduate from Renmin University of China, Ma, used illegal technological means to steal personal information such as photos of recent school students, and created a "beauty ranking list" on the webpage for people to browse freely. According to online information, the stolen student information includes photos, names, student numbers, hometown, birthdays, etc. Suspect Ma is suspected of illegally obtaining personal information of some students at the school and has been criminally detained by the Haidian Public Security Bureau in accordance with the law. Subsequently, the topic of "leakage of information by the National People's Congress" made headlines and attracted widespread attention. -
Removal strategy of Chinese enterprises in the list of Entity List related to Xinjiang
2023 06/14Author:Qian WenjieOn June 12, 2023, the U.S. Department of Homeland security added a number of Chinese enterprises to the Entity List of the Xinjiang related Act (UFLPA). According to the Notice on New Entities in the Entity List of the Uighur Forced Labor Prevention Act (the "Notice") issued by the United States Department of Homeland Security on August 5, 2022, [1] enterprises listed as border related entities can apply to the U.S. government for removal. The following describes the specific application procedures and evidence requirements. -
The Judicial Review Concept of "Borrowing" Type Bribery Should Keep Up with the Times
2023 06/07Author:Dong XiaohuaIn practice, there are various and controversial situations regarding whether borrowing from others by public officials constitutes bribery. Especially when public officials use their power to seek benefits for others, their borrowing behavior is more likely to be identified as bribery. -
How to Hold Shareholders Responsible for Corporate Debts Series 8: Holding Shareholders Responsible for Negligent Performance of Liquidation Obligations
2023 06/06Author:Li KejunLast time, it was mentioned that if the company owes money, shareholders who are mixed with the company's assets can be held accountable. Today, we will talk about shareholders who are held accountable for failing to fulfill their liquidation obligations. -
The impact of mitigating or lenient circumstances on fine punishment
2023 06/05Author:Chen CongFine refers to the penalty method by which a court imposes a certain amount of money on the offender to pay to the state. Fine belongs to a type of property penalty and is an additional penalty in Chinese criminal law. There are different understandings in judicial practice as to whether the sentencing circumstances of mitigated punishment and lighter punishment stipulated in the criminal law can be applied to additional punishment. Therefore, the author discusses several issues related to the impact of sentencing circumstances on fine punishment.