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How to resolve conflicts between minors' privacy rights and parental custody rights when bear children are studying at home
2022 06/23Author:Peng MeiyangDue to new changes in the Beijing epidemic, the original date for the opening of primary and secondary schools on June 13, 2022 has been postponed indefinitely, once again challenging the fragile nerves of parents. Because all this means that the divine beasts still have to take online classes at home! It is believed that many parents of adolescent children have encountered such problems. Children sometimes surf the Internet, chat with others, watch anime, or chase celebrities during their online classes... When you can't bear it anymore and decide to check or confiscate their child's mobile phone or iPad, the child stands up and says that you have violated their privacy rights, violated the Minors Protection Law, and even reported a warning to you. "You spoke up to him and wished you could slap him, but you were speechless.". -
Gao Peng's Focus | Analysis of Operators' Safety Guarantee Obligations in the Tangshan Incident
2022 06/17Author:Yao Lijun,Dai WeisiRecently, the malicious injury incident at Tangshan BBQ has aroused widespread concern. The brutality of the suspect's behavior makes people angry. After the incident, netizens strongly condemned the suspect and actively provided clues for the public security organs. It can be seen that everyone hopes that the suspect in this case will be punished by the law, and everyone has a good starting point. However, there are also a few people who transfer their anger to the barbecue shop owner. -
Bankruptcy Liquidation Series (III) | After the end of bankruptcy proceedings, can creditors claim liability from the bankrupt's defective capital contribution shareholders?
2022 06/13Author:Zhao LiIn bankruptcy practice, the debtor is usually insolvent, and the creditor's debt repayment rate is generally relatively low, so the creditor cannot be fully repaid. What creditors want is an increase in the debtor's assets or, as far as possible, to include all relevant assets in the bankruptcy property to improve the repayment rate. The question is, when the bankruptcy proceedings have ended, and the shareholders of the bankrupt (i.e., the original debtor) still have unpaid capital contributions, can the creditors, through ordinary civil proceedings, require the shareholders of the bankrupt to assume supplementary liability for repayment of the bankrupt's bankruptcy debts within the scope of their unpaid capital contributions?This article reveals the answer to this question through a case of the Supreme People's Court. -
Tangshan Barbecue Restaurant Publicly Gathers Crowds to Beat Women
2022 06/13Author:Feng weiJune in Beijing ushered in the heat, but it was also the beginning of the rainy season. Although rain can be a blessing to all things, the air is also moist and boring. On the evening of the 10th, after busy work, I was shocked to hear that the Tangshan barbecue restaurant publicly gathered people to beat women. After a preliminary understanding, my heart was filled with indignation. As a criminal lawyer, it is my duty to safeguard the legitimate rights and interests of the parties in specific cases handled in accordance with the law. In the face of the ugliness of the world, I should also be responsible for emergency justice. How to view the right and wrong, crime and punishment in this incident, whether as a professional legal person or the general public, can share and discuss together. -
Overseas Financing Transaction Series | Financing Structure Chapter: Exploring the Optimization of Financing Structure through Participation Mode
2022 06/10Author:Xian YuIn overseas financing transactions, the establishment of the financing structure provides the foundation for the success of the project. This article takes the adjustment of a financing project structure handled by the author as an example to explore the optimization of the financing structure in overseas financing transactions. -
Tax Compliance Series | Viewing the Tax Compliance of Brokerage Institutions from the New Regulations of Radio and Television
2022 06/09Author:Jia MengmengOn May 30, 2022, the State Administration of Radio and Television issued a notice on the Administrative Measures for Brokerage Agencies in the Field of Radio, Television, and Online Audiovisual Services. Article 1 of this article clarifies that the purpose of these measures is to "regulate brokerage activities in the field of radio, television, and online audiovisual services, strengthen the management of brokerage institutions and personnel, and clarify the rights and obligations of brokerage institutions and personnel." So, as an "institution that provides contract signing, promotion, agency, and other related activities for actors, guests, hosts, network anchors, and other personnel, how should it do a good job of tax compliance in accordance with the provisions of this document? Here, we take the reader to explore. -
Epidemic Related Legal Practice Series | "Shared Employment" - Solving the Urgent Need for Enterprises to Resume Work and Production
2022 06/08Author:Qiu RuhuaIn March 2022, the outbreak of the epidemic in Shanghai caused most enterprises to stop production. As the epidemic was gradually controlled, Shanghai has successively released a number of "white lists" of enterprises that resumed work and production. Meanwhile, Shanghai and various districts have also issued guidelines for industrial and commercial enterprises to resume work and production. However, enterprises that resumed work and production are limited to five categories: urban operation support, epidemic prevention material support, important function support, continuous production operations, and supporting infrastructure support. In a short period of time, employees of enterprises that have resumed work may not be able to return to work normally due to epidemic prevention and control measures, resulting in short-term job shortages in enterprises that have resumed work, while a large number of labor forces in enterprises that have not yet resumed work are idle. Under this short-term employment conflict, if the idle labor force of enterprises that have not yet resumed work is transferred to those that have not yet resumed work, on the one hand, it can help the enterprises that have resumed work to resume production smoothly; On the other hand, enterprises that have not resumed work can continue to enjoy employment subsidy support, reducing the pressure on wage payment. The author of this article analyzes the legal relationship under the "shared employment" model in order to provide guidance for enterprises to share employment. -
Epidemic Related Legal Practice Series | Is the contract stamped on the scanned copy valid during the epidemic?
2022 06/07Author:The COVID-19 is raging, and various regions have taken different closure and control measures, and closure and control have also had an impact on the signing of contracts between enterprises. In general, when a contract is concluded in the form of a contract, both parties need to sign, seal, or fingerprint the contract. During the pandemic, affected by containment measures, the parties to the contract may not be able to sign the same contract. If one party signs and seals the contract and sends the scanned copy to the other party by email, and the other party signs and seals the scanned copy before sending it back by email, is the contract concluded in this way valid? -
Epidemic Related Legal Practice Series | Empirical Research on Issues Related to the Performance of Exhibition Contracts during the Epidemic Period
2022 06/02Author:Cao YingSince late March 2022, the highly infectious new variant of novel coronavirus, Omikron, has made the situation of epidemic prevention and control in Shanghai more serious. Shanghai people actively responded to the call of the government, strictly implemented the prevention and control policy of "staying at home", and pressed the pause button for entertainment and cultural activities, which has also had a huge impact on Shanghai, a city famous for rich cultural and recreational activities, One of the most representative is that various exhibition activities are difficult to hold as scheduled. Given that the specific time for the extension of the exhibition cannot be determined, there are also many confusion between the exhibitors and the organizers on how to properly handle the performance of the exhibition contract. This article mainly summarizes the guiding opinions in judicial practice on issues related to the inability of the exhibition contract signed between the organizers and the exhibitors to be held on time due to epidemic prevention and control requirements, With a view to helping both parties properly handle disputes over exhibition contracts.