-
If the claim is not supported by an effective judgment, will the applicant be liable to the insured for "property preservation errors"?
2021 06/12Author:Zhao LiEditor's Note:
Applicants often apply to the court for property preservation before or during litigation, and take property preservation measures such as freezing and sealing up the relevant property of the protected person to ensure smooth implementation after obtaining effective judicial documents in the future. However, in practice, the outcome of the case may not be consistent with the expected outcome of the applicant, and its claims may have only received partial support, or even all claims may have been rejected. So, in this case, can it be directly determined that the applicant's property preservation of the insured is wrong? Should the applicant be liable for compensation to the insured? The following will attempt to analyze and answer the above questions through a Supreme Court case. -
I'll have the judge change his sentence
2021 06/11Author:Shen Aishan、Chen Dawei"I am not a headline party, nor am I sensationalist. This is a real case I represent, and it is also a criminal case, with a valid judgment.". The presiding judge of this case is the Deputy Chief Justice of the Criminal Tribunal of the Wuhan Intermediate People's Court. Even he himself said that he had worked in criminal trials for half his life, and this is the first time that the sentence has been changed in this way. -
A Preliminary Study on EU Carbon Tariff Policy
2021 06/09Author:Qian Wenjie"Carbon tariffs refer to tariffs imposed by importing countries on high energy consumption imported products such as cement, steel, aluminum, oil refining, paper making, glass, chemicals, and fertilizers, with the aim of raising the import costs of the aforementioned foreign products, in order to avoid the domestic industry of the importing country losing its price advantage due to the implementation of higher environmental standards.". The rationality and legitimacy of this policy have always been highly controversial. Currently, no country has officially imposed a carbon tariff, but the EU has proposed increasingly specific carbon tariff policy goals and plans, and is expected to start implementing them in 2023. The EU's approach is likely to be emulated by other developed countries, which will have a systematic impact on the global economic and trade situation, especially on China's exports of high energy consumption products such as steel and chemicals. -
Viewing "Personal Information" Protection from the Published "Vehicle Original Dat
2021 06/07Author:Qin Wenyan、Fu TingIn the era of big data, we have become increasingly "transparent", and the attendant risk of personal information disclosure is constantly provoking our nerves. From the "3.15" incident, which revealed that some businesses illegally seized face recognition information and violated personal information security, to the highly publicized "Face Recognition First Case", which involved whether animals must "brush their faces" in the zoo, a final judgment was issued. The defendant Hangzhou Wildlife World was sentenced to delete facial feature information, including photos, and fingerprint identification information submitted by the plaintiff Guo Bing when handling fingerprint annual cards. Illegal access to personal information has been severely punished by relevant departments, but it is still repeatedly prohibited. -
Overview of professional lenders
2021 06/02Author:Bai Yazheng、Zhou Yixin"Private lending" is not a new thing for us. Since ancient China, private lending has frequently occurred in social life as an important means of meeting the needs of the public for funds. But never before has it entered the daily lives of ordinary people like this and become a hot topic. Private lending, as a means of financing formed spontaneously by the private sector, as a form of social credit and a supplement to formal finance, has its rationality and positive role in existence, making up for the lack of timely and sufficient funding for small and medium-sized enterprises from financial institutions such as banks. -
Comments on Several Main Issues in the Statement of Seven Trade Ministers
2021 05/31Author:Tang Xiaobing、Wang LeiOn May 28th last week, the trade ministers of the Group of Seven (G7) issued a joint statement (hereinafter referred to as "the statement"), covering several areas of the multilateral trading system with the WTO as its core. This is the position document of the seven Western countries on the WTO so far, and it is also a relatively comprehensive preparation for the agenda of the 12th WTO Ministerial Conference at the end of this year. -
After signing the equity pledge contract, if the pledge registration is not handled, how can creditors protect their rights?
2021 05/28Author:Sun Meiyan、Wu Lihua、Chen Chongintroduction
Signing equity pledge agreements is a common form of guarantee in commercial transactions. Article 443 of the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") stipulates that "the pledge right shall be established when the pledge registration is handled." After the actual signing of the agreement, there are many attempts by the guarantor to block the establishment of the equity pledge by means of "not handling the pledge registration", and to achieve the purpose of evading the guarantee liability. -
Using American Judicial Review to Balance the US Government's Discriminatory Trade Protection Policy towards China -- Combined with the case of Shuangqian Group v. US Department of Commerce OTR tire anti-dumping and separate tax rates
2021 05/26Author:Zhang Yiintroduction
Shuangqian Group Co., Ltd. was once the only corporate representative invited to give a keynote speech at the National Trade Remedy Working Conference of the Ministry of Commerce of China. We helped them actively use all legal remedies available to them, such as the United States Department of Commerce, the United States Court of International Trade, and the WTO Dispute Settlement Body, to persevere and actively defend, and obtain the lowest single preferential anti-dumping and countervailing tax rate in multiple anti-dumping cases against China from the United States, Not only has it safeguarded its legitimate export rights and interests, but it has also expanded overseas markets and achieved significant competitive advantages and benefits. -
"Alternative" under Anti monopoly Law and Anti Unfair Competition Law: From "360 Case" to "Meituan Case"
2021 05/25Author:Gao YuanOn April 26, the State Administration of Market Supervision released a news release, which filed a case for investigation of suspected monopolistic practices such as "one out of two" against Meituan in accordance with the law. Meituan is the second large internet platform company to be officially announced for antitrust investigation after Alibaba.