Lawyer Wei Jinhui, Secretary of the Party Branch of Dezhou Institute, was invited to the Dezhou Development and Reform Commission to give a special lecture on constitutional publicity.

In order to further enhance the constitutional awareness of the majority of cadres and employees, and vigorously promote the spirit of the constitution, on December 3, Wei Jinhui, a partner of the head office of Zhongcheng Qingtai Law Firm and Secretary of the Party branch of Dezhou Institute, was invited to the Dezhou Development and Reform Commission to carry out the ''Constitution As the outline, knowing the law and abiding by the law'' special lecture. Lawyer Wei Jinhui focused on the process of promulgation and revision of the Constitution, the structure and content of the Constitution, and the rule of law as the best business environment, and combined with the key tasks of development and reform, this paper discusses how to promote the city's business environment to a higher level from the perspective of the rule of law. The atmosphere at the scene was harmonious and active, and lawyer Wei Jinhui's lecture won warm applause from the participants from time to time, which further enhanced the participants' concept of the Constitution and their consciousness of conscientiously implementing the Constitution, and strengthened their awareness of administration according to law. As a perennial legal adviser to many governments and government agencies in Dezhou City, Lawyer Wei Jinhui actively assumes social responsibilities and continuously provides efficient and high-quality legal services to government agencies at all levels.

2021-12-06

Viewpoint... A brief analysis of the rights and obligations of the parties in the family trust.

A trust, in short, is a special property management system and legal act in which the principal entrusts his property rights to the trustee based on his trust in the trustee, and the trustee manages and disposes of the property in his own name for the benefit of the beneficiary or for a specific purpose in accordance with the wishes of the principal. Trust should have been used as a specific legal structure to manage and pass on wealth, but in real life, due to the imperfection of the trust structure, a large number of disputes have been brought to court. How to make reasonable use of the trust structure to manage wealth and reduce the generation of disputes, this paper analyzes the rights and obligations of the three parties in the trust structure as the starting point. In a trust, three parties are generally involved, namely, the principal who invests the credit, the trustee who is trusted, and the beneficiary who benefits from the person. 1. the rights and obligations of the principal The settlor shall have the right to know the management, use, disposition and income and expenditure of his trust property, and shall have the right to request explanations from the trustee. At the same time, when the trustee disposes of the trust property in violation of the purpose of the trust, or is grossly negligent in managing the use or disposition of the trust property, the settlor shall have the right to remove the trustee in accordance with the provisions of the trust documents. 2. the rights and obligations of the trustee The trustee has more stringent obligations than the principal. The trustee shall abide by the provisions of the trust documents, handle the trust affairs with due diligence, manage the trust property, and perform the obligations of honesty, credibility, prudence and effective management. At the same time, the trustee shall not use the trust property for his own benefit, except to obtain remuneration in accordance with the provisions of the law or the agreement of the parties, nor shall the trust property under his management be confused with his own inherent property. Trustees play an extremely important role in family trusts. It can be said that the trustee is equivalent to the housekeeper of family wealth, and undertakes the important task of helping to maintain and increase the value of huge wealth. Therefore, the strength in asset management should not be underestimated. Under different legal circumstances, the trustee may have the ownership and disposal rights of the trust property at the same time or separately, and the security, increase or decrease and income of the trust property are directly related to it. Trustees in family trusts are broadly divided into natural persons and trusts. Choosing a natural person as a trustee is often not suitable for the design of a family trust. Because a family trust is a long-term wealth investment, a natural person may be unable to perform the duties of a trustee due to his physical condition, and a natural or accidental death may result in the absence of a trustee. It may also be unable to properly manage trust affairs due to limited ability, and may even cause moral risks of infringing trust property and harming the interests of beneficiaries due to lack of supervision, the occurrence of any of the above-mentioned situations will cause the management service of the family trust to a deadlock and affect the realization of its objectives; on the other hand, the trust company, as a statutory business trustee, is fully integrated into the country's financial supervision and has the advantage of institutional protection. At present, China implements a monopoly system for the operation of trust business, except for trust companies, banking, securities, insurance and other financial industries are not allowed to operate trust business, and other legal entities are not allowed to operate trust business unless they are licensed by law. Legal entities other than trust companies can only act as non-business trustees and cannot provide trustee services as their profit-making activities, which not only affects their overall understanding of trustee responsibilities, but also limits their professional investment in trustee capabilities, and cannot be included in the country's financial supervision like trust companies. 3. the rights and obligations of the beneficiaries The beneficiary is the person who has the right to benefit from the trust in the trust relationship. The rights of the beneficiaries mainly include the following aspects, such as: the various rights enjoyed by the trustee, the transfer and inheritance of the beneficial rights of the trust in accordance with the law, the use of the beneficial rights of the trust to pay off the debts that cannot be repaid at maturity, the trust documents do not provide for the attribution of the trust property, the priority of obtaining the trust property, etc. As far as the obligation of the beneficiary is concerned, it is generally accepted that when the trustee suffers a loss through no fault of his own in the course of handling the trust business, the beneficiary is obliged to accept the trustee's request for fees and deduct them from the trust income. When the legitimate rights and interests of the beneficiaries are infringed, the following remedies can be taken to circumvent the damage. First of all, when the trustee fails to hand over the trust property to the right owner in accordance with the provisions of the trust documents, the right owner has the right to claim the return of the trust property. The trust property here can be movable property, real estate, or marketable securities, debt, intellectual property, and equity. Secondly, after the termination of the trust, when the trust property is occupied by someone other than the trustee, the owner of the right has the right of recourse to that person, and Article 22 of China's Trust Law stipulates that if the trustee disposes of the trust property in violation of the purpose of the trust, and the transferee of the trust property knowingly accepts the property in violation of the purpose of the trust, it shall be returned. In addition, under section 49 of the Trust Act, after the termination of the trust, the beneficiary, if he is the owner of the trust rights, also has the right to claim damages and the right to remove the trustee. As the owner of the trust property, when the transferred trust property is lost due to the trustee's breach of the purpose of the trust, breach of management duties, improper handling of trust affairs, the right owner also has the right to claim compensation within a reasonable range for the portion of the loss caused by the trustee. Rights and obligations of 4. protectors In the general trust structure, in addition to the three basic trust subjects of the principal, trustee and beneficiary, it is often possible to establish a trust role called the protector (protector). In China's Trust Law, the duties of the supervisor focus on the protection of the interests of beneficiaries and the realization of public welfare purposes, while the main purpose of setting up a protector in a family trust is to implement the wishes of the principal and protect the beneficiaries. In general, common protectors' rights include:(1) appointment and removal of trustees;(2) request/consent of trustees to change the jurisdiction of the trust;(3) request/consent to increase or decrease beneficiaries;(4) request/consent to distribution of the trust;(5) request/consent to early termination of the trust; and (6) appointment of successor protectors. The above-mentioned rights are all important conditions for effective supervision of the trustee in the process of trust survival. The above-mentioned rights enjoyed by the trustworthy protector can better ensure that the trust survival and operation meet the wishes of the establishment, and the use and distribution of trust assets are more in line with the maximization of the interests of the beneficiaries, but at the same time, it must be noted that the rights of the protector should not be too large, otherwise it may lead to serious adverse consequences. Therefore, when setting up protectors, in addition to fully considering the general rules of the regular, the protectors, their scope of duties, and selection rules should also be designed in individual cases, such as "adapting measures to local conditions and varying from person to person", so that the "protectors" can be named and real, better perform their duties, and escort the inheritance of family wealth from generation to generation. George Soros once said, "There is no reproach for taking risks, but at the same time remember that you must not put all your eggs in one basket." This article analyzes the rights and obligations of the parties in the family trust, so that more people can understand this "slightly unfamiliar" field, and avoid the situation of losing both sides in the "Lunan Pharmaceutical Family Trust Equity Dispute.

2021-12-06

Real estate perspective: the effectiveness of the "housing debt" agreement signed by real estate enterprises.

Foreword In the past year since the implementation of the "three red lines" policy, the underlying logic of the real estate industry has undergone fundamental changes. Affected by the increase in control rules, coupled with the impact of the epidemic, the narrowing of loan policy and other reasons, some real estate enterprises in the face of financial pressure, commercial housing may be delayed delivery and other conditions, will take a variety of coping strategies, including "housing debt" way to finance or pay off the project and other debts. By studying the relevant judgments of "house-to-house debt" in recent years, the author found that the court has no uniform rules for determining the legal nature and validity of the "house-to-house debt" agreement, and the appeal rate of cases is high and there are often subversive judgments between different trial-level courts. Therefore, real estate companies need to further clarify its legal effect when signing the "house-to-debt" agreement, in order to better play the role of the "house-to-debt" agreement as a debt alternative performance plan or financing method, and help real estate companies solve the root cause. problem. problem focus The "house-to-house" agreement belongs to the category of debt-to-property, debt-to-property is an agreement between the parties on the debt and debt relationship that has been or will be established, when the agreed conditions are achieved or the agreed period expires, the creditor receives other kinds of payment to replace the original payment, and then the original debt and debt relationship is eliminated. This paper will explore the legal effect of the "house-to-house debt" agreement signed between the housing enterprise and other creditors such as the buyer or construction unit in different circumstances through case and legal analysis. Case Study A house-to-house debt-to-debt agreement signed after the expiration of the (I)'s debt performance period. 1. Case No.:(2019) Yuemin Zhong No. 2730 Case introduction: Guo Shengcui once bought room 3-Cx3 in Tao X residential area developed by Yihai Company at the price of 4.7 million yuan. For some reason, both parties reached a "check-out agreement" through negotiation. Both parties agreed to terminate the "commercial housing sales contract". Yihai Company returned Guo Shengcui's purchase price of 4.7 million yuan and compensated Guo Shengcui for the loss of 500000 yuan. Subsequently, both parties signed a loan contract, and the above-mentioned check-out payment of 5.2 million yuan was converted into a loan. Guo Shengcui lent RMB 1.8 million yuan to Yihai Company, with a total loan amount of RMB 7 million yuan for a period of one year until July 4, 2013. On October 1, 2013 after the expiration of the performance period, Guo Shengcui and Yihai Company signed two "Guangdong Province Commercial Housing Sales Contracts", agreeing that Guo Shengcui would purchase houses 5-Ax7 and 5-Bx7 in Tao X Community of Yihai Company for 3 million yuan and 4 million yuan respectively. Yihai Company should deliver the above two commercial houses to Guo Shengcui for use before December 31, 2014, and went through the real estate presale registration with the government department on May 15, 2014, however, Yihai Company has never been able to complete the delivery of the house, so Guo Shengcui filed a lawsuit with the court to confirm that the two "Guangdong Province Commercial Housing Sales Contracts" signed with Yihai Company were legal and valid, and ordered Yihai Company to continue to perform the commercial housing sales contract. The court held that there was a loan contract relationship between the plaintiff Guo Shengcui and Yihai Company. After the expiration of the loan period, the "Commercial Housing Sales Contract" was signed through negotiation, and the original loan principal of 7 million yuan was paid off as the purchase price of the commercial housing. After the two sides to the real estate management department for the presale registration procedures. With reference to the trial guidelines of the Supreme People's Court guiding case No. 72, the parties in this case transformed the loan contract relationship into a commercial housing sales contract relationship, and converted the principal and interest of the loan into the paid purchase price. The basic conditions of the commercial housing, the total price of the commercial housing, unit price, payment method and time, delivery conditions and date, etc. stipulated in the signed "Commercial Housing Sales Contract" have the necessary terms of the commercial housing sales contract. The "Commercial Housing Sales Contract" is the true intention of both parties. The content does not violate the mandatory provisions of laws and administrative regulations and should be deemed legal and effective. Therefore, the basic legal relationship between the parties in this case is the contract relationship for the sale of commercial housing. Yihai Company claims that the basic legal relationship in this case is the loan contract relationship, which is inconsistent with the facts. And the "loan contract" and "commercial housing sales contract" on the two sets of real estate mortgage guarantee, does not conform to the "the People's Republic of China Guarantee Law" on the "liquid contract prohibition" situation. Therefore, Yihai's above claims lack legal basis. The basic legal relationship between the plaintiff Guo Shengcui and Yihai Company is the relationship between the sale and purchase of commercial housing, which is based on sufficient evidence and is not improper. The Court supports the continued performance of the contract for the sale and purchase of commercial housing. 2. Case No.:(2021) Lu 02 Min Zhong No. 3021 The court held that this case involved three debt-for-property agreements reached after the expiration of the performance period, namely, the "Project Payment Agreement" signed between Boyang Real Estate Company and CCCC No. 1 Aviation Bureau No. 2 Company, the "Agreement" signed between CCCC No. 1 Aviation Bureau No. 2 Company Jian'an Branch and Zhonglian Concrete Company, and the "Housing Payment Agreement" signed between Zhonglian Concrete Company and Jiao Mingzhi. The three debt-for-property agreements were agreed by the parties, and the meaning was true. The content of the agreement did not violate the mandatory provisions of laws and administrative regulations, and was established and valid in accordance with the law. An agreement reached by the parties after the expiration of the debt settlement period may constitute a change of debt, I .e. the creation of a new debt and the elimination of the old debt, or it may be a new debt settlement, I .e. the creation of a new debt, which coexists with the old debt. Based on the concept of protecting claims, the change of debt generally requires the parties' clear agreement to eliminate the old debt, otherwise, the nature of the debt settlement agreement reached by the parties after the expiration of the debt settlement period should generally be the new debt settlement. In other words, after the expiration of the debt settlement period, the creditor and the debtor signed a debt-to-debt agreement, if not agreed to eliminate the original money payment debt, should be found to be the parties to add a separate way of performance of the debt, rather than the original money payment of the debt. In the new debt settlement, the new debt as a method of performance of the old debt, the creditor in principle should first request the performance of the new debt. If the debtor fails to perform the new debt, the creditor may either continue to perform and default on the basis of the new debt claim, or resume the performance of the old debt. In this case, although Boyang Real Estate Company signed the "Paris No.1 Subscription Agreement" with Jiao Mingzhi on the house involved in the case and delivered the house involved to Jiao Mingzhi, the law of debt repayment in property was taken as the promise contract. "Delivery of property" does not mean "transfer of ownership". As the house involved in the case is real estate, Boyang Real Estate Company only delivered the house involved to Jiao Mingzhi is not enough to realize the purpose of settlement, this purpose can only be achieved after the transfer of the house involved is registered in the name of Jiao Mingzhi. By the same token, Jiao Mingzhi is fundamentally different from the expectation right of property rights arising from the purchase and sale based on the agreement of debt in rem, and his enjoyment as a creditor is still essentially a debt of money and should not take precedence over another debt of money, so the trial court ruled in accordance with the law to reject his objection to enforcement. At present, the new debt arising from the debt-for-property agreement cannot be implemented due to the fact that Boyang Real Estate Company was enforced by the original court to enforce the house involved. Jiao Mingzhi is also unable to realize the purpose of the debt-for-property agreement. He requests to cancel the "debt-for-property agreement" signed with Zhonglian Concrete Company, which contains the payment for xx households in Unit xx, Building xx, Paris 1, Chengyang District, Qingdao City. The reason is justified and should be supported. Based on the relativity of the contract and the principle of settlement of the new debt, Jiao Mingzhi has the right to resume the performance of the old debt, which requires Zhonglian Concrete Company to return 1443978.9 yuan to support it, but it needs to be clear that the nature of the money is not the purchase of the house but the material money. The (II) debt settlement agreement signed before the expiration of the debt performance period. Case No.:(2021) Liao 01 min zong No. 2393 The court held that article 45 of the minutes of the national court's civil and commercial trial work conference stipulates that if the parties reach an agreement on debt relief before the expiration of the debt performance period, the debt relief has not yet been delivered to the creditor, and the creditor requests the debtor to deliver it, the people's court shall explain to it that it shall bring a lawsuit according to the original creditor's right and debt relationship. If the parties still refuse to change their claims after the interpretation, they shall reject their claims, but this shall not affect their filing of separate proceedings based on the original creditor's rights and debts. Liaoning construction group co., ltd. admitted in the second instance that as of August 3, 2013, Liaoning fulespu real estate development co., ltd. had not settled with Liaoning fulespu real estate development co., ltd. and the amount of project funds still owed by Liaoning fulespu real estate development co., ltd. was not clear. at this time, the debt performance period for Liaoning fulespu real estate development co., ltd. to pay Liaoning construction group co, therefore, there is only a credit and debt relationship between Liaoning Construction Engineering Group Co., Ltd. and Liaoning Fulespu Real Estate Development Co., Ltd., and Liaoning Construction Engineering Group Co., Ltd. has no right to require Liaoning Fulespu Real Estate Development Co., Ltd. to deliver the house involved in the case. The court of first instance confirmed that Liaoning Construction Engineering Group Co., Ltd. does not have ownership of the house involved in the case. (III) the nature of the mortgage agreement is a non-contract or a practical contract. 1. Practical Contract-(2021) Liao 01 Min Zhong No. 12130 The court held that: to the housing debt contract as a practical contract, so the housing debt must be completed to complete the housing change registration procedures. Thus, the original claim between the creditor and the debtor is not extinguished by the agreement to settle the debt with the house, and in the debt with the house only the property is registered and the debtor is extinguished. Only the consent of the house to pay the debt, but not the transfer of property rights to the debt-relief house, the original claim has not been eliminated, the purpose of the debt can not be achieved. After verification by our hospital, the two houses involved in the case are still registered in the name of the defendant Xinyijiang Company (construction unit). Although the plaintiff Li Dengfu signed an offset agreement with the partner of the defendant Metallurgical Company (construction unit) and issued a receipt, the plaintiff did not actually possess or transfer the house involved in the case to the plaintiff's name, so the creditor's rights enjoyed by the plaintiff have not been eliminated, the court does not support the defendant's metallurgical company's defense of 6074475 yuan in debt with housing. The court of second instance on the issue of whether the agreement to settle the debt with the house has actually been fulfilled. The appellant's 12th Metallurgical Company believed that the two houses had been priced at 6074475 yuan to cover the project price. However, the two houses involved in the case have now been sold to outsiders and occupied by outsiders. Li Dengfu has not actually received or controlled the houses, and the appellant has not provided evidence to prove that Li Dengfu had received the houses involved and occupied them. The appellant, as the party who used the house to offset the debt, has the obligation to track, understand and control the situation of the house to offset the top of the project, and ensure the implementation of the agreement on the top of the house. The current house has not been registered in Li Dengfu's name, nor has it actually delivered to Li Dengfu. The conditions for Li Dengfu to obtain the ownership of the house are not available now, so the agreement on the actual implementation, the appellant's 12th Metallurgical Company claimed that the two houses had been priced at 6074475 yuan to cover the project price, which had no factual basis and was not supported by the court. 2. Nuocheng Sex Contract-(2021) Yu 10 Min Zhong No. 787 The court held that after Wang Gaofeng, Wang Xiaoyan, Hao Shuai Bing and Volkswagen Company reached the "Liquidation Agreement for the Withdrawing of Fairview Jiayuan Commercial Building Project", Hao Shuai Bing failed to pay part of the project payment obligations as agreed. However, after negotiation, Hao Shuai Bing, Wang Gaofeng and Wang Xiaoyan reached a separate agreement to settle debts with houses. Wang Xiaoyan has signed a commercial housing sales contract with Kaixiang Company, the seller of real estate and parking space, and paid a housing maintenance fund. The agreement on the settlement of the house debt is a non-contract, except for the express agreement of the parties, the agreement on the settlement of the house debt signed by the parties after the expiration of the settlement period of the project does not take the creditor's realistic receipt of the debt, or the acquisition of property rights such as the ownership and use of the debt, as an element of establishment or entry into force. The contract is valid as long as the parties' intentions are true and the contents of the contract do not violate the mandatory provisions of laws and administrative regulations. Therefore, Hao Shuaibing and Wang Gaofeng and Wang Xiaoyan reached a valid agreement to repay debts with houses, and Wang Xiaoyan signed a commercial housing sales contract with Kaixiang Company and paid a residential maintenance fund. The purpose of the contract can basically be realized. Therefore, it is not improper for the court of first instance not to support 1133952 yuan in Wang Gaofeng and Wang Xiaoyan's litigation request. On the question of whether Hao Shuaibing should support the overdue payment liquidated damages, although the Liquidation Agreement for the Project of Jinxiu Jiayuan Commercial Building stipulates the overdue payment liquidated damages, Wang Gaofeng, Wang Xiaoyan and Hao Shuaibing later reached an agreement on the payment of unpaid project funds. The agreement on the payment of overdue payment did not clearly stipulate whether the liquidated damages agreed in the previous agreement still need to be paid. Therefore, the court of first instance determined that both parties had formed new debts, it is not improper not to support the late payment liquidated damages agreed upon in the performance of the new debt. For the remaining amount of 288648 yuan because Hao Shuaibing did not pay on time, so he should bear the liability for breach of contract, the court of first instance to the National Interbank Lending Center announced the same period four times the one-year loan market quotation rate as the calculation standard. legal analysis The effect of the above-mentioned illustration divides the court's rules for determining the validity of a home-to-home debt agreement in accordance with the conclusion of a home-to-home debt agreement before/after the expiration of the period of performance of the debt. The internal logic is that if the debtor is eager to repay the debt before the expiration of the debt performance period, there may be a certain cognitive deviation between the amount of house price and the actual amount of debt. Therefore, the court will consider the legal effect of the agreement in combination with laws and regulations and the actual situation when determining the agreement signed before the expiration of the performance period. After the expiration of the period of performance of the debt, the conclusion of the debt-to-debt agreement is the agreement reached by both parties in the case of the value of the debt and the amount of the debt to be determined, as long as there is no malicious harm to the interests of third parties and other reasons, the court will support the delivery of the debt. The following is a description of the common principles of "house-to-house debt" treatment under existing laws: A house-to-house debt-to-debt agreement signed after the expiration of the (I)'s debt performance period. Article 410 of the Civil Code stipulates the conditions, methods and procedures for the realization of the mortgage right, that is, if the debtor fails to perform the debt due or the realization of the mortgage right agreed by the parties, the mortgagee may agree with the mortgagor to pay the mortgaged property at a discount or at the price of the proceeds from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement. If the mortgagee and the mortgagor fail to reach an agreement on the manner in which the mortgage is realized, the mortgagee may request the people's court to auction or sell the mortgaged property. In addition, the "Minutes of the National Court Civil and Commercial Trial Work Conference" (Law [2019] No. 254, hereinafter referred to as the "Ninth People's Conference Minutes") 44 stipulates: "The parties reach an agreement to offset the debt with property after the expiration of the debt performance period. If the creditor has not yet delivered to the creditor, and the creditor requests the debtor to deliver it, the people's court should focus on examining whether the debt-in-property agreement maliciously damages the legitimate rights of the third party. After examination, if the above circumstances do not exist and there are no other invalid reasons, the people's court shall support it in accordance with the law." After the expiration of the debt term, the two parties carried out reconciliation, liquidation, and reached an agreement on the transformation of the loan contract relationship into a housing sales contract relationship, the parties signed a housing debt agreement to eliminate the original debt and debt relationship, the establishment of a new sales contract relationship,

2021-12-06

Point of View...............................................................................................

Foreword At present, most of the cases of franchise contract disputes contacted by judicial practice are caused by dishonest franchise enterprises. In the agency activities, the author participated in several cases of franchise contract disputes, for franchising and franchise contract disputes, the author based on practical experience and reading related articles and books, organized as follows, with a view to enlightening readers. Text The Historical Development of 1. Franchising 1. On November 14, 1997, the former Ministry of Domestic Trade of China issued the Measures for the Administration of Commercial Franchising (for Trial Implementation), which stipulates that franchising refers to the franchisee's granting of his own trademarks (including service trademarks), trade names, products, patents, proprietary technologies and business models to the franchisee in the form of contracts, and the franchisee engages in business activities under the unified business model of the franchisor in accordance with the provisions of the contract, and pay the corresponding fees to the franchisor. 2. On December 31, 2004, the Ministry of Commerce issued the Measures for the Administration of Commercial Franchising, which was formally implemented on February 1, 2005. The Measures stipulate that commercial franchising means that through signing a contract, the franchisor will have the right to grant trademarks, trade names, business models and other business resources to others for use by the franchisee. The franchisee shall engage in business activities under a unified business system in accordance with the contract and pay franchise fees to the franchisee. 3. On January 31, 2007, the 167th executive meeting of the State Council passed the Regulations on the Administration of Commercial Franchising. Franchising refers to enterprises (hereinafter referred to as franchisees) that have registered trademarks, enterprise logos, patents, patents and other operating resources. The franchisees license their operating resources to other operators (hereinafter referred to as franchisees) in the form of contracts, and the franchisees operate under a unified operating model in accordance with the contract, and to the franchisor to pay franchise fees for business activities. In the same year, the Ministry of Commerce promulgated the Measures for the Administration of Information Disclosure of Commercial Franchises and the Measures for the Administration of the Filing of Commercial Franchises. 4. On November 7, 2011, the Ministry of Commerce revised the Administrative Measures for the Filing of Commercial Franchises. On January 18, 2012, the Ministry of Commerce revised the Measures for the Administration of Information Disclosure of Commercial Franchises. Characteristics of 2. franchising The basic characteristics of franchising are: (1) the franchisor owns the business resources such as registered trademarks, enterprise logos and patents; (II) the franchisee to use the franchisor's business resources under a specific business model according to the authorization of the franchisor; (III) the franchisee to pay the franchisor's franchise fees in accordance with the agreement. (I) academic perspective It is generally believed that franchising has five essential characteristics: (1) Franchising is a business model that uses one's own know-how to combine with the capital of others to expand the scale of operations. Thus, franchising is an expansion of technology and brand value, not capital. (2) Franchising is an organization in which the right of management controls ownership, in which the franchisee invests in the franchise and has the right to own and manage the store, but does not have the right to make management decisions. (3) Franchising is a win-win business model. The franchise relationship can only be effectively maintained if the franchisor is allowed to develop more efficiently than the direct business, and if the franchisee is allowed to gain more benefits than the business alone. (4) Franchising is a special kind of transaction. A special commodity is traded in a franchise, which includes a series of tangible or intangible commodities such as products, patents, business models, etc. Unlike a general transaction, the franchisor and the franchisee sign a franchise contract, which means the beginning of a longer-term transaction between the two parties. During the term of the contract, the franchisor and the franchisee shall maintain close and continuous mutual support and cooperation. (5) Franchising is an intelligent form of business organization. Franchising enables the franchisee to make the most of the combination, the use of their own advantages, and maximize the absorption of a wide range of social resources, the franchisee to reduce the risk of entrepreneurship and time, capital and other entrepreneurial costs. (Cite: See Hu Xiaosong, ed., Introduction to Franchising, Renmin University of China Press, 2011, p. 17. Chen Axing, Wu Yunliang, ed., Franchising, China Business Press, 2006, p. 6.) Views of (II) practitioners In practice, it has been argued that, starting from the definition of the Regulations, franchising consists of three basic elements: One is a resource, that is, the franchisor must have a registered trademark, corporate logo, patents, know-how and other operating resources; The second is a way, that is, a contractual relationship between the franchisor and the franchisee; the third is a model in which the franchisee operates under a unified business model. This unified model is reflected in all aspects, ranging from management, promotion, quality control, etc. to the decoration design of the store and even the setting of signs. In general, this model has the characteristics of unification, standardization and standardization. The core of franchising is the paid output of intangible assets. (Cited: Tu Zhi, Editor-in-Chief, Li Guangxing, and Yang Fan, Deputy Editor-in-Chief: "Application of Commercial Franchising Law", Kyushu Publishing House, 2010, p. 2.) The difference between (III) franchise and other business models. 1, the difference between franchising and chain management. Compared with franchising, chain management is a superior concept. The scope of chain management is far greater than franchising. The definition of chain operation by China Chain Management Association [35] is: "generally refers to a number of stores operating similar goods or services, combined into a consortium in a certain form, specialized division of labor under the overall planning, and centralized management is implemented on the basis of division of labor to simplify complex business activities in order to obtain economies of scale". According to the Opinions on the Operation and Management of Chain Stores issued by the former Ministry of Internal Trade on March 27, 1997, chain stores refer to a number of stores that operate similar commodities and use a unified trade name, and under the management of the same headquarters, adopt unified procurement or grant concessions, etc., to achieve economies of scale. Article 4 of the opinion stipulates that chain stores include the following three forms:(1) direct chain stores. The stores of the chain are all wholly owned or controlled by the headquarters and are operated under the direct leadership of the headquarters;(2) voluntary chain. The stores of the chain store are all independent legal persons, the ownership relationship of their respective assets remains unchanged, and they are jointly operated under the guidance of the headquarters;(3) franchise chain (or franchise chain). The stores of the chain store sign a contract with the headquarters to obtain the right to use the trademark, trade name, business technology and sales headquarters to develop goods, and the right to operate is concentrated in the headquarters. 2, the difference between franchising and direct sales. (IV) the "Regulations on the Administration of Direct Selling" promulgated by the State Council in 2005 stipulates: "The direct selling referred to in these regulations refers to the distribution method in which direct selling companies recruit direct sellers, and the direct sellers directly sell products to end consumers outside the fixed business premises". First, the legal relationship is different. Second, direct selling companies are different from franchisors. Third, direct sellers and franchisees are different. Fourth, the purpose of legislation is different. Fifth, the field of application is different. Direct selling is mainly applicable to the retail sector. Sixth, responsibility is different. (Source: Beijing Higher People's Court, Intellectual Property Division, "Interpretation of the Principles of Commercial Franchise Contracts and Trial Practice" Section 1) 3. franchise contract dispute A franchise contract is a continuous contract, and if the cooperation between the franchisor and the franchisee can develop smoothly as expected at the time of the original contract, then each franchise will become a successful franchise system. However, in reality, there are often dishonest franchisors and franchisees, and it is inevitable that the market will change and deviate from the original franchise forecast, and there will be matters that were not expected at the time of the establishment of cooperation and no agreement can be reached. Therefore, the root cause of franchise disputes is that the franchisor and the franchisee are different subjects of interest, and franchise contract disputes will inevitably occur based on conflicts of interest. Lawyer Case: The author helped the above-mentioned licensees to recover the franchise fee and interest in the franchise contract dispute case between Wang Moumou, Liu Moumou, Li Moumou, Lu Moumou and other 6 people and Bright Eyes Biological Company. The six parties signed the "Joining Agency Agreement (Prefecture-level Agency)" with Mingmou Company at different times. The contract respectively stipulated the joining method, expenses, agency period, rights and obligations, etc. The attached table after the contract was the "Equipment Configuration List of Mingmou Lifetime Vision Rehabilitation Project". Several parties remitted money to the franchisor company and its legal person respectively. The latter parties want to terminate the contract with Bright Eye and demand a refund of the franchise fee. The lawyer carefully consulted the "franchise agency agreement" and found the relevant industry norms and effectiveness. Finally, according to the documents issued by the general office of the National Health Commission and other six departments, it was determined that the franchisor's franchise behavior was an act of deceiving consumers and seeking illegitimate interests. It used the "health care cream" without quality inspection to carry out vision rehabilitation physiotherapy, and exaggerated and fabricated the treatment effect, it has disrupted the regulatory order of the myopia treatment and health care products market. After the court heard the judgment, it was found that the franchise agreement violated the public order and good customs of the society and harmed the public interest of the society. The franchise agency agreement was found to be invalid, and the franchise fees of several parties were returned, which achieved good results. Common Types of 4. Franchise Contract Disputes and the Concept of Court Judgment Common Types of (I) Franchise Contract Disputes 1, confirm the franchise contract invalid dispute. 2, the cancellation of the franchise contract dispute. 3, the franchise contract to terminate the dispute. 4, due to the performance of the franchise contract in breach of contract, the request to terminate the contract or bear the liability for breach of contract. The Judgment Idea of (II) Franchise Contract Disputes First, respect for contractual autonomy and appropriate protection of relatively vulnerable franchisees. Second, the reasonable allocation of the burden of proof, reasonable interpretation. When the franchisee proves that the franchisor constitutes fraud, false propaganda and fails to fulfill the obligation of information disclosure, taking into account the actual ability of the franchisee to prove, the burden of proof is reasonably allocated, and the litigation relationship between the two parties is balanced by the transfer of the burden of proof. Many franchisees sue is not clear whether the contract is invalid or cancel the contract or terminate the contract, at this time the judge needs to exercise the right of interpretation in a timely manner, according to the basic case to guide the parties to adjust the claim. For the legal consequences of the contract being confirmed invalid, revoked or terminated, the judge should also explain in time that, with the consent of the parties, it can be dealt with together in one case to reduce the burden of the parties. Third, deal with related cases, and strive to achieve the unity of legal and social effects. (Cited: Beijing Higher People's Court, Intellectual Property Division, "Interpretation of the Principles of Commercial Franchise Contracts and Trial Practice") Relevant laws and regulations 1. Regulations on the Administration of Commercial Franchising, issued by the State Council, 2007 "Competing laws and regulations: Trademark Law of the People's Republic of China (2019 Revision) the People's Republic of China Copyright Law Anti-Unfair Competition Law of the People's Republic of China (2019 Revision) 」 2. Measures for the Administration of Information Disclosure of Commercial Franchises, Ministry of Commerce, 2012 3. Guiding Opinions of Beijing Higher People's Court on Several Issues Concerning the Application of Laws in Hearing Disputes over Commercial Franchise Contracts, issued by: Beijing Higher People's Court, 2011; "The original guiding opinions and management regulations have not been revised, and will still refer to the provisions of the original the People's Republic of China Contract Law, the General Principles of the People's Republic of China Civil Law and other laws and regulations. For example, Article 13," If a party to a franchise contract fails to perform the contract as agreed, making it difficult to achieve the fundamental purpose of the contract, the other party may terminate the contract in accordance with Articles 94 and 96 of the the People's Republic of China Contract Law 」

2021-12-05

Viewpoint | Objection of an outsider to the subject matter of execution-a lawsuit for execution objection

Introduction Today's judicial circles are generally faced with the problem of difficult enforcement, so the state has designed a litigation preservation system to ensure enforcement. However, a new problem arises. What if someone else's property is mistakenly sealed during preservation, or if someone else's property is executed during execution? Since 2007, the civil procedure law of our country has established the lawsuit of execution objection, which is the first time that the legislative provisions of the lawsuit of execution objection appear in our country. The interpretation of several issues in the implementation procedure of the Civil Procedure Law promulgated in 2008 (hereinafter referred to as the interpretation) stipulates the cause, subject of litigation, pre-procedure and other aspects of the lawsuit of execution objection. In 2012, the decision on amending the the People's Republic of China Civil Procedure Law was passed to retain the relevant contents of the lawsuit of execution objection, and only the serial number of the articles was revised until the promulgation of the Judicial Interpretation of the Civil Procedure Law in 2015, we have improved some operational details such as the filing procedures related to the execution of the objection, the gap between the outsider's objection procedure and the service procedure, and with the emergence of each law and regulation related to the execution of the objection, the relevant laws and regulations on the execution of the objection have been continuously improved and developed. The purpose of this paper is to discuss how to provide relief to outsiders in the execution objection suit, with a view to enlightening the reader. Text If an outsider claims ownership of the subject matter of execution or has other substantive rights sufficient to prevent the transfer or delivery of the subject matter of execution, he may object to the enforcement court. In the course of execution, if an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receipt of the written objection, and if the reason is established, it shall rule to suspend the execution of the subject matter; if the reason is not established, it shall rule to reject it. If an outsider or party to the case is not satisfied with the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the trial supervision procedure; if it has nothing to do with the original judgment or ruling, it may bring a lawsuit in a people's court within 15 days from the date of service of the ruling. During the period of examination of objections by outsiders, the people's court shall not impose sanctions on the subject matter of enforcement. If an outsider files a lawsuit, the execution shall not be suspended during the period of the lawsuit; If an outsider's claim has a reason or provides sufficient and effective guarantee to request the suspension of execution, it may order to stop the disposition of the subject matter of execution; if the applicant for execution provides sufficient and effective guarantee to request the continuation of execution, it shall continue to execute. If an outsider requests to stop execution, requests to cancel the seizure, seizure or freezing, or if the executor requests to continue execution in error, causing losses to the other party, compensation shall be made. Procedure for Objection Subject of objection: outsider Reason for objection: the right of an outsider to claim the subject matter of execution Objection procedure: a written objection to the enforcement court during enforcement Examination of the objection: the court shall conduct the examination within 15 days from the date of receipt of the written objection Results of the review: if the objection is established, the execution of the subject matter shall be suspended; if the objection is not established, the objection of the outsider shall be rejected. Treatment of dissent 1, trial supervision procedures to deal. If an outsider is not satisfied with the execution objection ruling and believes that the original effective judgment or ruling is indeed wrong, he may apply to the people's court that made the original judgment, ruling or mediation statement within 6 months from the date of service of the execution objection ruling. 2, the implementation of the objection to the action. If an outsider or party to the case is not satisfied with the execution objection ruling and considers that it has nothing to do with the original effective judgment or ruling, he may file an execution objection lawsuit with the enforcement court from 15 days from the date of service of the ruling.

2021-12-05

Viewpoint | Identification and Punishment of "General Accidents" in the Field of Safety Production-From the Perspective of Enterprise's Defense Basis

Foreword On June 10, 2021, the 29th meeting of the Standing Committee of the 13th National People's Congress passed the "Decision of the Standing Committee of the National People's Congress on Amending the the People's Republic of China Work Safety Law", and the "the People's Republic of China Work Safety Law" "(Hereinafter referred to as the" Work Safety Law ") has been amended for the third time and will come into force on September 1, 2021. The new "Safety Production Law" has greatly increased the penalties for production safety violations. Under the background of increasingly strict production safety regulations and continuous strengthening of law enforcement, production and business units must not only do daily compliance work, but also have production safety. After the accident, timely disposal and proper response, how to effectively defend against the administrative punishment of the emergency management department, reducing the loss of enterprises is also a problem worthy of attention and concern. The author summarizes and shares the legislative system and practical experience in the field of production safety. Definition and punishment standard of general accident 1. Definition of general accident "General accident" refers to the accident that causes casualties or the lowest direct economic loss in the classification of production safety accidents. Its specific definition can be learned from the legal provisions: According to Article 118 of the "Work Safety Law": "The classification standards for general accidents, major accidents, major accidents, and particularly major accidents of production safety stipulated in this law shall be prescribed by the State Council." That is, the National People's Congress has authorized the State Council to formulate the standard for "general accidents", and the "Safety Production Law" does not specifically divide the standard for accidents. According to Article 3 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents formulated by the State Council, "General accidents refer to accidents that cause less than 3 deaths, or serious injuries to less than 10 people, or direct economic losses of less than 10 million yuan." To sum up, the specific definition of "general accident" can be summarized as: accidents that cause less than 3 deaths, or less than 10 serious injuries, or direct economic losses of less than 10 million yuan in the production and business activities of production and business units. 2. Penalty standard for general accidents According to the provisions of Article 95 of the "Safety Production Law" (2021 Amendment): "If the main person in charge of the production and business unit fails to perform the safety production management duties stipulated in this law, resulting in a production safety accident, the emergency management department shall follow the following Provisions shall be imposed a fine: (1) In the event of a general accident, a fine of 40% of the previous year's annual income shall be imposed." Article 114 stipulates: "In the event of a production safety accident, the responsible production and business unit shall, in addition to requiring it to bear corresponding compensation and other responsibilities in accordance with the law, be fined by the emergency management department in accordance with the following provisions: (1) General In the event of an accident, a fine of 300,000 yuan to 1 million yuan shall be imposed." According to the above-mentioned legal provisions, it can be known that the administrative punishment of "general accidents" adopts the "double penalty system", that is, the production and business operation units and their main responsible persons are subject to fines, and the amount of fines is relatively large. II Practical Dilemma of General Accident Identification and Punishment 1, the identification and punishment method is simple and crude. In the law enforcement practice of general accident identification and punishment, law enforcement personnel mostly adopt relatively simple and rough punishment methods, that is, as long as they conform to the definition of general accident in form, they will directly identify and apply the punishment standards stipulated in the "safety production law", regardless of whether they can constitute general accidents or whether the fine of administrative punishment is too heavy, however, the punished enterprises often lack professional knowledge in the field of production safety and have no way to protect their rights, so they can only bear huge fines and losses. Examples: ① Company A caused 1 death in the process of production and operation, which formally meets the requirements of "less than 3 deaths". Can it be directly identified as a general accident and be subject to administrative punishment? ② Company A caused 1 serious injury in the process of production and operation, which formally meets the requirements of "less than 10 serious injuries". Can it be directly identified as a general accident and be subject to administrative punishment? ③ Company A caused direct economic losses of 1 million yuan in the process of production and operation, without casualties, and formally met the "direct economic losses of less than 10 million yuan". Can it be directly identified as a general accident and be subject to administrative punishment? ④ A company in the production and operation process caused 1 yuan of direct economic losses, no casualties, formally meet the "10 million yuan of direct economic losses", can it be directly identified as a general accident and administrative punishment? In the law enforcement process of the emergency management department, except for the fourth extreme case, the remaining three cases will generally be investigated and punishment decisions will be made. The reason is that the above three cases meet the definition of "general accident" in form, so punishment is required. This directly leads to the infringed person in the production safety accident to give up the judicial relief channel, report to the emergency management department, take the high fine as the bargaining chip with the production and business operation unit, and obtain the benefit beyond the actual loss. In the face of administrative punishment, enterprises often have no choice but to compromise. 2. The provisions of the lower law are divorced from reality and urgently need to be revised. Article 3 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents only stipulates the upper limit of the composition of "general accidents", that is, "less than 3 deaths, less than 10 serious injuries, and direct economic losses of less than 10 million yuan", but it does not specify whether general accidents have the lower limit on the statutory constituent elements and the conditions for administrative punishment, as a result, the law enforcement personnel of the emergency management department (the former safety supervision department) impose penalties or obviously excessive administrative penalties on production and business units that do not meet the conditions for administrative penalties. In the field of administrative penalties for general accidents, there are arbitrary penalties and excessive penalties. Law enforcement chaos. III Defense Basis for Enterprises to Deal with General Accident Penalties (Taking Shandong Region as an Example) In view of the above-mentioned administrative punishment of law enforcement chaos, the author through the big data retrieval of the relevant provisions of the general accident punishment, and combined with practical experience for effective analysis, in order to deal with the general accident punishment for enterprises to provide a reasonable basis for rights protection and relief channels: 1. Legal basis for rights protection ① Article 118 of the "the People's Republic of China Safety Production Law" clearly stipulates that the classification standards for general production safety accidents, major accidents, major accidents, and particularly major accidents stipulated in this law shall be prescribed by the State Council. The above-mentioned laws have clearly stipulated that the National People's Congress has authorized the State Council to formulate general accident standards, and the safety production law does not specifically divide accident standards. ② According to Article 3 of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents, accidents are generally divided into the following levels: (4) General accidents refer to deaths of less than 3 people, or serious injuries of less than 10 people, or direct economic losses of less than 10 million yuan. The department of work safety supervision and administration under the State Council may, in conjunction with the relevant departments under the State Council, formulate supplementary provisions on the classification of accidents. According to the provisions of the Regulations on Reporting, Investigation and Handling of Production Safety Accidents, the safety production supervision and management department of the State Council and other relevant departments can formulate supplementary regulations for the classification of accidents. After the author's review, there are currently no other supplementary regulations for the classification of accidents. Provisions, that is, the only basis for the identification of general accidents is Article 3 of the "Regulations on Reporting, Investigation and Handling of Production Safety Accidents. ③ The provisions of Article 14 of the "Regulations on Penalties for Production Safety Accidents": The accident unit shall cause the death of less than 3 people, or serious injuries to more than 3 people and less than 10 people (including acute industrial poisoning, the same below), or 3 million yuan to 10 million yuan. If the general accident with direct economic losses below RMB yuan is responsible, a fine of 200000 yuan to 500000 yuan shall be imposed. ④ "Reply of the General Office of the State Administration of Work Safety on Issues Concerning Administrative Penalties for General Production Safety Accidents" Political and Legal Letter of the General Administration of Work Safety [2014] No. 136: "If a production safety accident causes serious injuries to 1 to 2 people or direct economic losses of less than 3 million yuan, generally no fines will be imposed on the unit where the accident occurred." ⑤ According to the relevant provisions of the "Shandong Province Safety Production Administrative Penalty Discretionary Benchmark (Trial)" issued by the Shandong Provincial Emergency Department, the administrative penalty authority of the emergency management department responsible for general accidents of production and business units is as follows: 2. Ways of relief and defense According to the above provisions, it can be known that the penalty for general accidents has a lower limit, and the penalty for general accidents based on death must meet the legal condition of "death of less than 3 people"; the penalty for general accidents based on serious injuries must meet the legal condition of "more than 3 people and less than 10 people (including acute industrial poisoning)", and there is a lower limit of "more than 3 people"; general accident penalties based on direct economic losses must meet the legal conditions of "3 million yuan to 10 million yuan", and there is a lower limit of "3 million yuan or more". When the safety production accidents in an enterprise only meet the upper limit but not the lower limit, the conditions for administrative punishment are not met, and the emergency management department has no right to punish the enterprise. The above four examples also have corresponding answers here: the first situation should be identified as a general accident and be given administrative punishment; the second and third situations constitute a general accident, but do not meet the conditions for administrative punishment, should not be filed for investigation; the fourth situation should not constitute a general accident and does not meet the conditions for administrative punishment, should not be filed for investigation. 4 Advice from Lawyers 1. With the implementation of the new "Safety Production Law", enterprises (especially construction enterprises) should attach great importance to the compliance of safety production work, strictly implement the safety production standards stipulated by the law, fulfill various safety production obligations, and establish safety The standard system of production prevents the occurrence of production discretionary accidents. If necessary, professional lawyers can be hired to help enterprises establish a compliance system for production safety. 2. Due to the complexity of laws and regulations and local regulations in the field of production safety, the current update of regulations in the field of production safety in my country is also seriously lagging behind. Although the "Production Safety Law" has been newly revised, the "Production Safety Accident Reporting and Investigation and Handling Regulations" And other administrative regulations have not been updated in time, and they have been seriously divorced from reality. It directly causes law enforcement personnel to be at a loss in the process of law enforcement, and can only carry out simple and rough application, resulting in enterprises being wrongly punished or punished too heavily. For the investigation of production safety accidents, professional lawyers should be hired to intervene in the case filing process, participate in the defense and statement procedure, and strive to resolve the administrative punishment at the front end. If the administrative punishment is wrong, administrative litigation should be filed according to law to protect the legitimate rights and interests of enterprises.

2021-12-05

Shandong Zhongcheng Qingtai (Liaocheng) Law Firm Launches Constitution Publicity Day

December 4, 2021 is the eighth national constitution publicity day in China. In order to further carry forward the spirit of the constitution, safeguard the authority of the constitution, and promote the whole society to "respect the constitution, study the constitution, abide by the constitution, safeguard the constitution and apply the constitution", Wen Tao, director of Shandong Zhongcheng Qingtai (Liaocheng) law firm, and sun Lijun, executive director, led all the staff of the law firm to Liaocheng University Law School volunteers, To Liaocheng Constitution Square to publicize the legal system. By hanging publicity banners, distributing publicity materials, and answering legal consultations, this event answered questions for the masses on the spot, popularized legal knowledge, and guided the masses to know, understand, abide by, and use the law. The activity was warmly welcomed by the masses. Lawyers accept the consultation of the masses on the spot, patiently answer the legal questions of the masses, actively guide the masses to learn to safeguard their legitimate rights and interests in accordance with the law, and improve the masses' own legal awareness and understanding and understanding of relevant legal knowledge. The event site attracted many citizens to participate actively. The citizens expressed that through this publicity activity, they have a deeper understanding of the Constitution. In the future, they will continue to learn and accumulate legal knowledge in daily life, and be good citizens who understand and abide by the law. Shang Guangsheng, Secretary of the Party Leadership Group and Director of the Liaocheng Judicial Bureau, visited the event in person and spoke highly of the preparation and publicity work of Zhongcheng Qingtai (Liaocheng) Law Firm. Through this publicity and explanation, the broad masses of people will further realize that the Constitution is not only a code of conduct that citizens must follow, but also a legal weapon to protect citizens' rights, enhance the legal awareness of the Constitution of the whole people, and guide the broad masses to deepen their understanding of the Constitution. Established the authority of the constitution, promoted the spirit of the socialist rule of law, and created a good atmosphere for the whole people to respect, learn, abide by and use the law.

2021-12-05

Lawyer Liu Aiju from Dezhou Institute was invited to give lectures on law popularization in two primary schools in Dezhou City.

In order to further enhance the publicity and education of the rule of law among young people, raise their legal awareness, and create a good atmosphere of the rule of law on campus, on December 3, lawyer Liu Aiju of Shandong Zhongcheng Qingtai (Dezhou) Law firm was invited to Dezhou Jianshe Street Primary School and Dezhou Jiefang North Road Primary School to carry out lectures on "Learning the Civil Code to be a good Law-abiding Youth" and "Learning Constitutional Knowledge to be a law-abiding Little Citizen. Lawyer Liu Aiju comprehensively and systematically introduced the significance and main content of the promulgation of the Civil Code, as well as the protection of minors in the Civil Code, several main highlights of the Civil Code, etc., and described the legal responsibilities that different ages need to bear in a simple and simple way. And through vivid cases, he shared legal stories that are closely related to the lives of young people, such as "not taking responsibility for righteousness, saying no to the bullies, throwing objects, the students in the interactive session enthusiastically answered questions and thought positively, and received unanimous praise from teachers and students. Coinciding with the 4th Constitution Publicity Week, Lawyer Liu Aiju first introduced the origin of the "National Constitution Day" on December 4, the status, development history, composition, and significance of the constitution, and then used vivid and specific cases to explain the general outline and citizens' Basic rights and obligations, state institutions, national flags, national emblems, national anthems, etc. are explained in detail. Lawyer Liu Aiju encouraged the students to respect the law, abide by the law, learn the law, and use it, study hard, and become the pillars of the motherland. Zhongcheng Qingtai will continue to organize and carry out special law popularization work, enhance children's concept of the rule of law and legal awareness, let the majority of children establish the concept of the rule of law from an early age, develop the habit of thinking and behavior of consciously abiding by the law, looking for the law in case of trouble, and relying on the law to solve problems, so as to further help maintain a good campus safety environment and teaching order.

2021-12-04

Lawyer Liu Yue of Dezhou Institute was invited to go into the community to carry out a publicity lecture on "12.4 National Constitution Day".

In order to further popularize constitutional knowledge and guide community residents to form a good fashion of carrying forward the spirit of the constitution and safeguarding the authority of the constitution, on the afternoon of December 3, lawyer Liu Yue of Shandong Zhongcheng Qingtai (Dezhou) Law Firm, as a legal adviser hired by the community, was invited to enter Jiacheng Community and Shierlizhuang Community to carry out constitutional knowledge publicity lectures. Based on specific cases, lawyer Liu Yue explained the general outline of the constitution, the basic rights and obligations of citizens, the national flag, the national anthem, the national emblem, the relevant provisions of the capital and the serious consequences of violating the constitution for the community residents, and then patiently and meticulously answered the common problems in work and life, such as neighborhood disputes, marriage and family disputes, labor disputes, property disputes, etc, the residents mastered the knowledge of the Constitution in a pleasant atmosphere. This lecture on law popularization has enhanced the residents' concept of the legal system and their consciousness of handling affairs according to law, and strives to form a good atmosphere of learning, knowing, understanding, abiding by and using the law.

2021-12-04

Zhongcheng Qingtai Dezhou Institute Held a Symposium on Promoting the Legal Service Work of Party and Government Organs

On December 4, Shandong Zhongcheng Qingtai (Dezhou) Law Firm held a symposium to report on the progress of legal services for party and government agencies. Ai Xiansong, director of Shandong Zhongcheng Qingtai (Dezhou) Law Firm, presided over the meeting. Many lawyers from Zhongcheng Qingtai exchanged experiences and practices in promoting party and government legal services. The meeting conveyed and learned the spirit of General Secretary Xi Jinping's important instructions, the CPC Central Committee's "Plan for the Construction of China under the Rule of Law (2020-2025)", "Outline for the Implementation of the Construction of a Government under the Rule of Law (2021-2025)" and the Shandong Provincial CPC Committee's "Implementation Plan for the Construction of China under the Rule of Law (2020-2025)" and other document requirements, to better serve the overall situation of the construction of the rule of law in Texas. The meeting stressed that all legal advisers and lawyers should earnestly improve their political position, firmly grasp the political direction, enhance the four consciousness, strengthen the four self-confidence, achieve two maintenance, always maintain a high degree of political sobriety and political consciousness, always maintain political determination, stand firm in political stand, uphold the spirit of the rule of law and professional ethics, and strive to provide independent and professional legal opinions and suggestions for all party and government organs, truly set up a mirror of the law and a ruler of the rule of law. We should combine the role of legal adviser with the optimization and improvement of the decision-making mechanism according to law, focus on the forward-looking, strategic and comprehensive major issues of Dezhou's reform and development, put forward legal and feasible opinions and suggestions, and strive to achieve the unity of legal effect, political effect and social effect. The meeting requested that all legal advisers and lawyers should set an example for the rule of law, consciously respect the rule of law, maintain justice, be honest and self-disciplined, and establish a good image of courageously taking good deeds. We should consciously practice the professional ethics of lawyers and stick to the bottom line of the law. It is necessary to conscientiously perform the duties of legal advisers and actively complete the tasks of legal advisers with high quality and efficiency. We should adhere to fair and just professional ethics, strictly abide by the discipline of confidentiality, and be a qualified legal adviser in compliance with the rules and regulations. We should give full play to the role of legal outpost to grasp the key legal barriers for decision-making according to law; we should give full play to the role of legal think tank and be a good think tank for scientific decision-making; we should give full play to the role of legal ties to gather more positive energy for promoting social harmony. Zhongcheng Qingtai will take this meeting as a new starting point, constantly sum up experience, boldly explore, have the courage to innovate, and strive to push the work of serving as legal adviser to party and government organs to a new height.

2021-12-04