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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. -
AI Face Changing Fraud: Defending Money Bag and Keeping the Legal Bottom Line
2023 05/30Author:Yang FanRecently, multiple news reports of using "AI face changing" to commit telecommunications fraud have continued to make headlines, with victims ranging from all walks of life, affecting a wide range of people and having a negative social impact. Most criminals use AI technology to synthesize faces and sounds for camouflage, impersonating specific characters' identities, and gaining the trust of victims through video calls, thus fraudulently obtaining huge amounts of property. This type of "face changing" and onomatopoeia is overwhelming, causing public discussion and anxiety. -
Reporting BYD from Great Wall Motor under real name, talking about environmental protection legal issues related to evaporative pollutants
2023 05/26Author:Qiu XiaoyanBYD, as a company with an important position in the field of new energy vehicles, has attracted much attention to the environmental performance and quality issues of its products, especially its competitors. On the day of the launch of BYD Song Pro DM-i champion version on May 25, Great Wall Motor made public its report on the substandard emission of pollutants from BYD cars. -
How to determine the fault of the guarantor when the main contract is invalid and the guarantee contract is invalid?
2023 05/25Author:Jiang HuaThe guarantee contract serves as a subordinate contract to the main contract, and when the main contract is invalid, the guarantee contract is also invalid. At this point, the scope of responsibility that the guarantor should bear varies depending on whether they are at fault. -
How to Hold Shareholders Responsible for Corporate Debts Series 7: Holding Shareholders Responsible for Misidentification with Company Property (2)
2023 05/23Author:Li KejunLast time, it was mentioned that if the company owes money, it can be held accountable to shareholders whose assets are mixed with those of a single person company. Today, we will talk about the second situation where the accountability of shareholders is mixed with the company's assets: non one person company shareholders. -
On the Jurisdiction of Disputes over Corporate Capital Reduction and Shareholders' Liability for Damage to the Interests of Corporate Creditors
2023 05/18Author:Shen Aishan、Chen DaweiOn May 12th, the author's "Which court should have jurisdiction over shareholder defect capital reduction?" due to space limitations, only elaborated on the jurisdiction of company capital reduction disputes, and did not discuss the jurisdiction of shareholder liability disputes for harming the interests of company creditors. The following supplement is provided. -
Which court should have jurisdiction over shareholder defect capital reduction?
2023 05/12Author:Shen AishanWhether a shareholder's defective reduction of capital belongs to an infringement dispute of shareholder withdrawal of capital or a company's reduction of capital dispute directly affects which court should jurisdiction the dispute. In practice, there are many disputes over such jurisdiction, and court judgments are also different. The author recently handled a case of capital reduction dispute, focusing on the analysis of the cause of the case, first determining the cause of the case, and then determining the jurisdiction court, in order to obtain the support of the court. Here is a brief description for my colleagues.