In recent years, there have been frequent reports of defaults in the investment field of private equity funds, with various reasons for default. For example, some fund projects cannot exit due to "stepping on the thunder"; Some private equity investment funds invest in real estate enterprises with a broken capital chain in the form of public equity and real debt; Some private equity investment fund managers do not issue the products they claim, but only engage in fund-raising fraud in the name of private equity investment... A few bad private equity funds have gone astray, causing investors' investment funds to float. So, as a private equity investor, how can we effectively reduce the losses suffered according to law?

Recently, it has been rumored on the internet that a celebrity surnamed Wu has repeatedly interviewed young women in the name of casting and signing an artist agency contract. The author can't help but associate himself with some cases in his work practice, and find that many artists, especially some young artists who have just entered the industry and are not well known, are confused about the nature of the artist brokerage contract they have signed with the brokerage company. When they arbitrarily sign the contract and want to terminate it, they find themselves facing huge compensation and being locked up. Some artists see the word "commission" in the brokerage contract, and believe that the brokerage contract is a commission contract. They can terminate the commission relationship with the company at any time; Some artists believe that they receive a certain monthly fee from the company, and they also need to comply with some of the company's rules and regulations. The brokerage contract they sign is a labor contract, which can be unilaterally terminated in accordance with the provisions of the Labor Contract Law; Other artists believe that companies are introducing themselves to performing arts jobs, and brokerage contracts are intermediary contracts (known as intermediary contracts before the implementation of the Civil Code). However, in fact, it is not so simple. Brokerage contracts cannot be signed as soon as they want, nor can they be solved as soon as they want.

In January 2019, 76 WTO members, including China, issued a joint statement to officially launch e-commerce negotiations. This is a spontaneous discussion and negotiation among some WTO members, not a multilateral negotiation initiated by the WTO, nor a plurilateral negotiation under the WTO framework. According to the proposals of all parties, the negotiations mainly focus on the following issues: trade facilitation, such as electronic signature, electronic invoice and payment, paperless trade, customs clearance, etc; Cross-border data flows, data storage locations, the Internet, and data access; Consumer protection, privacy protection, and business trust (source code, etc.); Transparency, network security, regulation; Product updates and tariff enforcement for the Annex to the WTO Information Technology Agreement. During the negotiations, the main positions of developed countries in the United States, Europe, and Japan are summarized as follows: In terms of cross-border data flow and data localization, the United States, Europe, and Japan advocate prohibiting localization requirements and supporting the free flow of data; Expand products under the Information Technology Agreement and prohibit the application of non national treatment and substantive market access restrictions in computer and telecommunications services; Strengthen the intellectual property protection of source code, and one party shall not require the transfer or use of software source code owned by the other party; The exemption order for electronic transmission shall be permanent, and the exemption scope shall include two aspects: transmission content and electronic transmission services; Protect privacy and advocate government data disclosure.

Ms. Meng Wanzhou, the CFO of Huawei, was temporarily detained by the Canadian authorities on behalf of the United States government while transitioning in Canada. The United States is seeking the extradition of Ms. Meng and faces charges from the Federal Court for the Eastern District of New York that she is violating U.S. export controls and financial fraud. It is clear to all that the United States is suppressing China's high-tech enterprises, the "the Belt and Road" initiative proposed by China, and China's backbone in the new round of economic globalization. However, based on this repression, it is commonly believed that countries under the rule of law are carrying out it in the guise of law - the United States led "regulation" is ubiquitous through its special "long arm jurisdiction". Many enterprises are facing the issue of ex post litigation relief, and therefore are in a very passive position. In the new situation where the United States is implementing its trade protectionism on a large scale, compliance risk management for all Chinese enterprises will eventually move towards legal risk management. In order for Chinese enterprises to become bigger and stronger, it is important to systematically learn and understand the long arm governing laws of the United States in addition to being filled with righteous indignation. The Chinese government should also reasonably control compliance risks and accelerate its participation and leadership in the construction of the rule system in the new era of globalization.

Editor's Note: During the fifteen years from 1986 to 2001, after arduous negotiations, China joined the World Trade Organization. Wang Lei, a lawyer from Gaopeng Law Firm, participated fully and deeply in the negotiation from the beginning, and was a legal person in the negotiation delegation. This year marks the 20th anniversary of China's accession to the WTO. Gao Pengsuo specially invited Lawyer Wang to write a series of articles to recall the details of those eventful years. We also take this opportunity to pay tribute to those who stood at the forefront of reform and opening up and worked hard in the negotiations for the national interests.

On July 30, 2021, the Ministry of Justice officially opened the curtain on the comprehensive revision of the Arbitration Law by issuing a notice for public consultation on the "Arbitration Law of the People's Republic of China (Revised) (Draft for Comments)". The current arbitration law amended individual provisions in 2009 and 2017, respectively. During the long 26 years of implementation, more than 270 arbitration institutions have been established in accordance with the law throughout the country (which is conducive to local parties participating in arbitration nearby), handling more than 4 million arbitration cases, involving more than 50000 yuan in the subject matter. The disputes resolved cover many economic and social fields, involving more than 100 countries and regions around the world. As a unique dispute resolution mechanism, arbitration has played a positive and important role in promoting reform and opening up, economic development, and maintaining social stability. With the evolution of social economy and legal environment, arbitration law also needs to be updated and developed accordingly. Specifically, this draft for comment adds 19 articles compared to the current arbitration law, directly reflecting the proposed revisions that facilitate the parties (and their agents) to regulate their participation in the field of commercial arbitration practice, such as:

引言有效辩护是指为犯罪嫌疑人或被告人获得最有利结果而针对指控尽职尽责地进行的辩护。它体现在刑事诉讼的每一个环节。当前随着刑事诉讼制度改革，诸多刑事诉讼程序为刑辩律师的有效辩护提出了新挑战。其中，做为推进庭审实质化的重要配套措施之一的庭前会议制度在实践中的适用也越来越多，一些重大案件中的“大庭前会议，小庭审程序”现象也越来越突出。如此，在庭前会议中如何进行有效辩护也越来越成为刑辩律师高度重视的问题

"Package sales promotion" - A promotional measure that bundles several commodities for discount sales or bundles hot selling commodities with slow selling commodities, has always been favored by many enterprises as an effective way to improve enterprise efficiency and promote product sales. Especially when enterprises encounter crises and product sales are not smooth, in order to reverse the adverse situation and recover funds, It is often a preferred promotional measure for various enterprises.

"When an enterprise enters bankruptcy proceedings, if both parties have not fulfilled the contract, the administrator may decide to terminate the contract or continue to perform the contract. Under certain conditions, the administrator may also decide to continue the company's business.". There is no dispute as to whether the debts incurred by the people's court in continuing to perform the contract after accepting the bankruptcy application belong to the common interest debts. However, the "Enterprise Bankruptcy Law" does not specify whether debts incurred under contracts that continue to be performed prior to the acceptance of bankruptcy applications should be recognized as co beneficial debts. Therefore, the dispute has always existed in practice. Some courts have ruled that it is a co beneficial debt, while others have not supported the opinion that it is a co beneficial debt. Based on the case undertaken by our firm, this article elaborates on our understanding of co beneficial debt, which only represents the view of Gao Peng's author.