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2021-10
The arbitration integration alliance of Shandong provincial capital economic circle is a joint construction, sharing and win-win cooperation platform of arbitration institutions jointly established by seven civil and commercial arbitration committees, including Jinan, Zibo, Tai'an, Dezhou, Liaocheng, Binzhou and Dongying. In the golden autumn of October and the season of fragrant osmanthus, Bi Xiangdong, director of Ningjin Arbitration Office of Dezhou Arbitration Commission, Zhou Qiong and Liang Bin of Shandong Zhongcheng Qingtai (Dezhou) Law Firm and other three arbitrators, representing Dezhou Arbitration Commission and more than 80 arbitrators from other six cities, gathered in Xueye Lake Resort, Laiwu District, the beautiful provincial capital of Jinan City, for a six-day study and exchange. During the meeting, the participants learned political and economic knowledge such as China's surrounding security environment and international relations hotspots, the power of faith, economic and financial hotspots under the double-cycle pattern, structural reform of the supply system and innovative development of enterprises, and new legalization of financial technology innovation. At the same time, local arbitration committees studied professional issues related to arbitration, such as the promotion of arbitration procedures, the analysis of hot issues in commercial arbitration, arbitration culture and core literacy, communication and in-depth learning. The meeting invited well-known professors and experts such as China University of Political Science and Law, Nankai University, Shandong University of Finance and Economics, and Beijing Arbitration Commission to give special lectures. During the learning interval, the alliance also organized on-site teaching at the 9363 military site in Jinan Gangcheng District, relived the hard years of struggle, and organized students to carry out outreach training. Through a series of activities and learning, it not only increased professional knowledge and broadened the arbitrators. The vision of the provincial capital economic circle has further deepened the development of arbitration integration. Shandong Zhongcheng Qingtai (Dezhou) Law Firm, currently 14 lawyers serve as arbitrators in the Dezhou Arbitration Commission and actively participate in the adjudication and handling of arbitration cases. The scope of the adjudication covers construction projects, purchase and sale contracts, housing sales, company equity, etc. Difficult legal disputes. Handling arbitration cases is a legal construction in which lawyers participate in another level of identity and different perspectives. It is also an effective way for lawyers to help build a diversified dispute resolution mechanism and create a legal society.
2021-10-14
14
2021-10
The raising of the problem In the field of construction projects, the general contractor and the subcontractor agree in the subcontract terms such as "payment according to the progress of the construction unit", "payment according to the proportion after the construction unit's funds arrive", "payment to the subcontractor on the premise of receiving the construction unit's project funds", because the general contractor takes the payment to the employer (construction unit) as the premise of its payment to the subcontractor, such clauses are therefore referred to as "back-to-back" clauses. In this way, the general contractor transfers part of the risk of the construction unit paying for the project to the subcontractor, and for whatever reason, it seems that it can use this as a reason to oppose the subcontractor's payment request before the construction unit fails to pay the project. But how should this provision be applied? Especially in the case that the general contractor neglects to exercise its creditor's rights against the construction unit or the two parties are in a payment impasse due to disputes, how should the subcontractor safeguard its legitimate rights and interests? view of judicial adjudication 1. If the "back-to-back" clause is valid and the agreed conditions for payment are not met, it shall be deemed that the conditions for payment are not met, such as (2020) Supreme Law No. 655: Wu Jikui and Ningbo Construction Engineering (contractor) for the construction of the construction of the internal contract relationship, Wu Jikui to Ningbo Construction Engineering issued a "letter of commitment", confirming that Wu Jikui contracted profit or income to achieve the way for Ningbo Construction Engineering to obtain and Feng Real Estate (contractor) of the 14 sets of housing sales rebates. The "Letter of Commitment" involved in the case agreed to use the 14 sets of housing sales of Hefeng Real Estate as Ningbo Construction to pay Wu Jikui contract profits or income conditions do not have. Although Wu Jikui has the right to claim the contract profit or income from Ningbo Construction Engineering, the conditions for Ningbo Construction Engineering to pay the contract profit or income to Wu Jikui have not yet been fulfilled because the project contractor and Feng Real Estate still owes Ningbo Construction Engineering money. 2. If the "back-to-back" clause is valid and one party fails to perform the relevant obligations, the back-to-back condition may be deemed to have been fulfilled, such as (2020) Supreme Law Minzong Judgment No. 106: The "Subcontract" and supplementary agreement signed by China Construction First Bureau and Qiyue Company are the true intentions of both parties. The content does not violate the mandatory provisions of the law and is legal and effective. The contract has made a "back-to-back" agreement that "the completed project shall be completed with the approval of the employer and the payment shall be audited and settled in advance, and the professional contractor may require the project contractor to make progress payment according to the proportion paid by the employer". as to whether the payment terms have been fulfilled, China construction first bureau proposed that both parties have agreed that China construction first bureau shall not have the payment obligation if Dadong construction fails to pay the project payment. However, the exemption of China Construction First Bureau shall be based on its normal performance of its obligations such as assisting in acceptance, settlement and collection. As the collection obligor of Dadong construction project funds, China Construction First Bureau has not provided valid evidence to prove that it has actively fulfilled the above obligations after the completion of the project involved in the case and before the lawsuit in this case, and has issued a collection, audit, settlement and collection for Dadong construction. On the contrary, the testimony of Fang Mou, a staff member of China Construction First Bureau, confirmed that China Construction First Bureau was negligent in performing its duties, refused the request of Qiyue Company, and never actively claimed rights to Dadong Construction. This situation belongs to the situation in which the parties improperly prevent the achievement of conditions for their own interests in the conditional contract stipulated in Article 45, paragraph 2 of the the People's Republic of China Contract Law, which is regarded as the achievement of conditions, therefore, the claim that the "back-to-back" condition has not been fulfilled and that the China Construction Bureau does not have the obligation to pay is not justified. Corresponding to the above cases, if the contractor does not fail to perform its obligations, it shall comply with the "back-to-back" clause. Such as (2019) Lu 01 Min Zhong No. 10060 involved in the contract agreed that "Party B (subcontractor) on the 25th of each month to report the completion of the project volume and output value of the current month, after Party A (general contractor) audit and confirmation depending on the owner's funds in place to pay Party B in proportion. After the completion of the project, the settlement of the project is audited by the owner, and the payment is made on a pro rata basis according to the availability of the owner's funds until the settlement" The court held that "the 'back-to-back' clause is by nature a conditional contract clause. This clause is a true expression of the meaning of the parties and there are no other factors that cause the clause to be invalid, and it shall be a valid clause. Lucheng Construction Company submitted settlement reports to China Construction Third Bureau Company both before and after the lawsuit, indicating that it actively claimed its rights to China Construction Third Bureau Company and that there was no delay in exercising its rights. In the case that the settlement value between the two parties has not been determined, it is impossible to determine the proportion and amount of the project payment payable by Lucheng Construction Company to Amber Labor Company, so the conditions for the payment of the project payment in dispute are not yet available." 3, the parties only agreed on "back-to-back" payment, as the agreement is not clear, should be in accordance with the law within a reasonable period of time to perform, such as (2021) Beijing 03 Min Zhong No. 7492: The contract stipulates that "the contract between Party A (the general contractor) and Hesheng Company (the owner) shall be attached to the contract, and the payment method shall be paid according to the back-to-back payment method of Party A and Hesheng contract, and it is agreed to accept the construction according to the technical requirements of Party A and Hesheng contract". Although both parties sign the contract and agree to use the back-to-back payment method, the contract is obvious violation of the contract, therefore, it should be determined that both parties to the contract do not know the payment method. In this case, the reasonable performance method of both parties can be determined according to the context of the contract and the relevant provisions of the law. However, since the project involved in the case was accepted and put into use many years ago, Qibaoliang Company filed the lawsuit in this case only after the warranty period of the project involved was exceeded, in view of Tongda Jiyuan Company's failure to submit sufficient evidence to prove that it had raised quality problems with Qibao Liang Company during the warranty period of the project involved, according to the opinions and spirit of relevant judicial interpretations, it should be deemed that the quality of the project involved installed by Qibao Liang Company is qualified, the payment terms have been fulfilled, and Tongda Jiyuan Company should pay the corresponding contract money to Qibao Liang Company. legal analysis Effect and nature of back-to-back clauses in (I) 1. Effect of "back-to-back" clauses There are a few views in judicial practice that deny the effect of "back-to-back" clauses on the grounds that they violate the relativity of the contract or violate the principle of fairness. However, the former confuses the contractual rights and obligations with the terms of payment attached to the contract, arguing that the premise of third-party payment as payment in this contract (subcontract) breaks through the relativity of the contract. The latter analyzes from a realistic point of view, and thinks that the clause obviously puts the subcontractor at a disadvantage and violates the principle of fairness, while ignoring the principle of fairness. It focuses on whether the two parties are in a considerable position at the time of the establishment of the contract. It is true that in the "buyer's market" environment of the contract relationship in the construction market, the subcontractor has realized the legal risks of the clause and has to bear the risks of the clause. Especially in the "A-refers to subcontracting" model, the general contractor is closer to the role of the project management company, the economic benefits in the designated subcontracting project is usually very limited, generally limited to management fees, through the "back-to-back" clause to avoid payment risk, it is understandable. Therefore, there is no case of showing fairness from the perspective of understanding, and even if it is obviously unfair, the legal effect it leads to is not invalid, but revocable. Therefore, there is no factual and legal basis for denying the validity of the "back-to-back" clause on the grounds that it violates the relativity of the contract or is obviously unfair. On the premise that the subcontract is valid, the "back-to-back" clause itself does not violate the mandatory provisions of laws and administrative regulations, and if it belongs to the true intention between the parties rather than the malicious collusion between the contractor and the general contractor to harm the interests of the subcontractor, it shall be a valid clause. Some local high courts clarify their effectiveness through answers and guidance opinions, such as Article 22 of the Beijing Higher People's Court's Answers to Several Difficult Questions in the Trial of Construction Contract Disputes, and the Anhui Higher People's Court on the Trial of Construction (II) Guiding Opinions on Legal Issues Applicable to Construction Contract Disputes. In judicial practice, most of them have recognized its effectiveness, but there are differences in how to apply it. 2. On the nature of the "back-to-back" clause One view is that the "back-to-back" clause is a conditional clause, broadly on the grounds that, from a practical point of view, the owner's payment is not inevitable, the owner's payment is an act for the owner, but an event for the general contractor, and whether the event occurs depends on the will of the owner and is therefore an uncertain fact. Another view is that according to the basic principles of the law and relevant provisions, under the premise of qualified project quality, the construction unit to pay for the project should be a definite fact, only the length of the payment period, which is also in line with the reasonable expectations at the time of the signing of the contract, so tend to "back-to-back" clause as a term clause. There is also a view that the clause is neither conditional nor time-limited, since the conditions and periods of time provided by law are conditions of entry into force, lapse or duration, while the "back-to-back" clause is not a condition of entry into force for payment, but merely an agreement between the parties on the time of payment. The above three views are based on objective facts, the logic of contract performance and the basic provisions of the law, and draw different conclusions about the nature of the "back-to-back" clause, forming a logical vortex. Therefore, in the judgment instrument on how the "back-to-back" clause applies, few instruments will analyze whether the clause is a conditional clause or a term clause, but directly identify it as a conditional clause or an explicit payment term agreement is unclear and then apply its corresponding legal consequences in conjunction with the facts of the case. From this perspective, different determinations about the nature of "back-to-back" clauses will also have different coping ideas and legal applications. The application of law in the case of the validity of the "back-to-back" clause of the (II). On the premise that the subcontract is valid, there are several legal logics in the application of the "back-to-back" clause: first, the agreement of the "back-to-back" clause should be observed under certain circumstances; Second, the general contractor's failure to exercise its rights to the employer to prevent the conditions from being fulfilled is deemed to have been fulfilled. Third, if "back-to-back" is recognized as the payment term, it may be deemed that the agreement is unclear. 1. Under certain circumstances, the subcontractor shall comply with the agreement of the "back-to-back" clause. The "back-to-back" clause belongs to the autonomy of the parties, does not violate the mandatory provisions of laws and administrative regulations, and is legal and effective. However, the "back-to-back" clause cannot be the permanent defense for the general contractor to refuse to pay, and the subcontractor should be bound by the "back-to-back" clause only under certain circumstances. Under the premise of the validity of the subcontract, there should be at least three requirements:(1) The content of the "back-to-back" clause should be clear, and the general contractor should not only agree to pay the subcontractor after the payment on behalf of the employer or the construction unit, instead, the specific proportion and scope of payment should be agreed, because the payment of construction works is generally phased and proportional payment, the general agreement will be regarded as the agreement is unclear. (2) The general contractor does not have the situation of idle exercise of rights, according to the principle of easy control of the near cause of proof, after the payment conditions are available, the general contractor should prove that it has actively claimed claims to the contractor. (3) The "back-to-back" clause can only be a defense for the general contractor within a reasonable period, I .e. within a reasonable period of time after the completion, delivery or expiration of the warranty period, the reasonable period can be determined in combination with the facts of the case. To the extent that all of these conditions are met, it may be tempting to assume that the subcontractor should be bound by the "back-to-back" clause. 2. If the general contractor is idle in claiming claims from the contractor, it shall be deemed that the terms of payment have been fulfilled. There are a large number of cases in judicial decisions that directly identify "back-to-back" clauses as conditional clauses, and the more typical ones include the above-mentioned (2020) Supreme Court Civil Final Judgment No. 106. Although the attached conditions are not the entry into force conditions stipulated by law, according to the interpretation method of "lifting weights to lightness", the entry into force of the contract can still be subject to conditions, and the performance of the contract can also be subject to conditions, the provisions of Article 159 of the Civil Code may be directly applied by analogy, and a conditional civil juristic act is deemed to have been fulfilled where the parties improperly prevent the achievement of the condition for their own benefit. If the general contractor is lazy in exercising the creditor's rights to the employer, the standard of "lazy in exercising" in the conditions for exercising the right of subrogation can be cited. As long as the general contractor does not exercise through litigation or arbitration, and the general contractor cannot prove that he actively claims the creditor's rights to the employer, he can be regarded as lazy in exercising the due creditor's rights, and then he can draw the conclusion that his improper prevention of the achievement of the conditions is regarded as the conditions, the subcontractor may request payment from the general contractor on this grounds. 3, "back-to-back" terms of the agreement is not clear, the general contractor should pay within a reasonable period of time. The "back-to-back" clause only takes the general contractor's receipt of the employer's payment as the premise of its payment to the subcontractor, but does not agree on the specific payment scope and proportion. The following disputes may arise between the parties:(1) when the employer pays the general contractor, the subcontractor can claim the right to the general contractor, and whether the employer must pay all the project funds as the premise;(2) As there are many different sub-projects in the construction projects, if the contractor pays the general contractor for the part other than the construction of the subcontractor, whether the subcontractor can claim the right to the general contractor. If the "back-to-back" clause is considered to be an agreement on the term of payment, the existence of the above dispute indicates that the clause itself is unclear. Article 501, paragraph 4, of the Civil Code stipulates: "If the time limit for performance is not clear, the debtor may perform at any time and the creditor may request performance at any time, but the other party shall be given the necessary preparation time. This clause establishes the legal rules that should be performed within a reasonable period of time in the event of an unknown period of performance, according to which the "back-to-back" clause is not clear, the subcontractor may request payment from the general contractor within a reasonable period of time. After the subcontractor obtains the due claim against the general contractor through litigation or arbitration according to the above ideas, if the general contractor has no ability to pay, and its delay in exercising the due claim causes damage to the subcontractor, the subcontractor may subrogate the general contractor's claim against the contractor in its own name, that is, the creditor's subrogation right stipulated in Article 535 of the Civil Code and Article 44 of the (I) of the Supreme People's Court on the Interpretation of Legal Issues Applicable to the Trial of Construction Contract Disputes. The application of law in the case of invalidity of back-to-back clauses in (III) If the subcontract is found to be invalid due to the violation of the law, the "back-to-back" clause shall also be invalid. According to Article 793 of the Civil Code: "The construction project contract is invalid, but if the construction project has passed the completion and acceptance, the contractor may be compensated at a discount by reference to the contract's agreement on the price of the project." This clause is based on the principle that restitution or restitution cannot be applied in the event of an invalid contract, so that its input is compensated at a discount by reference to the contractual agreement, and it does not lead to the conclusion that the time and conditions of payment are also applicable by reference, and the "back-to-back" clause does not apply by reference in the event of an invalid contract. At the same time, the subcontractor (the actual builder) may, in accordance with Article 43 of the Interpretation (I) of the Supreme People's Court on the Application of Legal Issues in the Trial of Disputes over Construction Contracts for Construction Projects, request the general contractor to pay and claim that the contractor shall bear joint and several liability within the scope of the outstanding payment. Summary The "back-to-back" clause is not a legal concept in the strict sense, and the application of the law and judicial interpretation is not uniform and clearly stipulated, but based on the general contractor, especially in the case of "A-finger subcontracting", the risk of price payment is avoided, and there are a large number of such clauses in practice. Most of the "back-to-back" clauses will be considered valid, and from the point of view of the application of the law, it should be analyzed in the light of the facts of the case whether the agreement of the clause is clear and whether the general contractor is lazy in claiming claims to the contractor.
2021-10-14
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2021-10
On October 12, led by Wang Yanhai, deputy director of the lawyer's office of Shandong Provincial Department of Justice and full-time deputy secretary of the party committee of Shandong lawyer industry, more than 80 students from the party spirit education training course for leading talents of Shandong young lawyers visited Zhongcheng Qingtai Jinan Institute for exchange. Han Honggang, director of Zhongcheng Qingtai General Institute, and Shi Guangbo, deputy director of Jinan Institute, warmly received and led the trainees to visit the office environment of Zhongcheng Qingtai Jinan Institute. The party spirit education training course for leading talents of Shandong young lawyers is a special training course held by the Party committee of Shandong lawyer industry to strengthen the training of young lawyers and build a team of high-quality young lawyers. The trainees mainly come from law firm partners and backbone lawyers with firm political stand, outstanding professional ability and strong sense of mission and responsibility. After visiting the office environment of the law firm, the trainees communicated with Zhongcheng Qingtai lawyers. In the exchange, lawyer Shi Guangbo introduced in detail the development process, market layout, business structure, management organization, party building work, cultural construction and other aspects of Zhongcheng Qingtai, focusing on the management mode of Zhongcheng Qingtai promoted by party building, and communicated on the team cooperation, professional development, training of young lawyers and other issues of law firms. The visiting trainees said that through this exchange, they have a deeper understanding of Zhongcheng Qingtai Law, and hope to strengthen exchanges, learn from each other, promote cooperation, and promote the development of legal services in the province in the future.
2021-10-13
13
2021-10
Counting the major events in the real estate market in 2021, there must be "centralized land supply". More than half of this year's centralized land supply has been launched, and the rules of land auctions have been continuously improved. What impact will it have on the market? 1 Centralized land supply proposal Since 2016, the central government has set the tone of "housing, not speculation", and the state has played a "combination fist" to regulate the real estate market. With the emergence of new land kings, the rules of land auctions have been adjusted one after another to curb the excessive rise in land and house prices from the supply side. 2 First round of centralized land supply As of the end of June, the first round of centralized land transfer in 22 cities was completed, with a transaction amount of more than 1 trillion yuan, a transaction area of about 0.11 billion square meters, a transaction floor price of about 9,600 yuan/㎡, and an average premium rate of 15%, showing a relatively high overall heat. From the perspective of specific cities, Beijing, Shanghai, Chengdu, Suzhou, etc. have relatively low transaction premiums due to strict land auction rules; Chongqing and Wuhan have relatively high transaction premiums due to loose land auction rules. In short, the popularity of plain cities and plots of average quality is still flat, while the core plots of hot cities and non-hot cities with better de-localization are still being scrambled, and the effect of "three stability" is not as good as expected. 3 The second round of centralized land supply and change On July 22, Vice Premier Han Zheng pointed out that it is necessary to speed up the improvement of the "stable land price" working mechanism, optimize the land auction rules, and establish an effective review system for enterprise land purchase funds. On August 11, the Ministry of Natural Resources held a closed-door meeting to adjust the second round of land transfer policies, strictly review the qualifications and funds of bidding companies, and the upper limit of the premium is 15% to ensure a certain profit margin for real estate companies. In addition, the Ministry of Housing and Construction has repeatedly mentioned that efforts should be made to establish a real estate linkage mechanism, promote Beijing's practice of "limiting house prices, controlling land prices, and improving quality", establish a qualification examination system for land purchase enterprises, and establish a mechanism for reviewing and refunding land purchase funds. In the second round of centralized land supply, several cities announced the postponement, and the rules for participating in the auction were adjusted, including limiting land prices, controlling premiums, banning waistcoats, limiting qualifications, checking funds, competing quality, etc. All localities strengthened the linkage of real estate, and the rules for land auction converged. Main rule changes Transfer progress and performance 4 Impact on the market The supply of residential land is based on solving the outstanding housing problems in big cities. Beijing and other big cities are inclined to affordable rental housing in land supply, and further increase the supply of public rental housing, affordable rental housing and shared property housing through centralized construction and allocation. In addition, it is a normal phenomenon that the heat of various urban plots is divided. In addition to the rules of land auctions, it is mainly affected by many factors such as economy, population mobility, and urbanization development. The government sets the rules, and the others are adjusted through the market mechanism, and there is a reasonable stratification from land price to housing price, so as to meet the diversified market demand. In a word, "stable land price, stable house price and stable expectation" are the objectives of real estate market regulation. Therefore, all localities have continuously improved the land auction rules: limiting land price from the supply side, controlling premium to control actual land price, limiting qualification of participating enterprises from the demand side, strictly checking capital sources to control effective demand, and "limiting land price + competition quality + lottery" to guide bidding enterprises to attach importance to development quality and ensure certain profit rate. "No vest + limited number of auctions" to protect more housing enterprises to participate in the interests of land auction, in addition to the state-owned enterprises and head housing enterprises, other regional housing enterprises will also get more opportunities. With the cost of land under control, it brings stable expectations for the real estate market. The author of this article: World Federation Appraisal, the country's leading land, real estate and asset appraisal institution, has a strong appraiser team, holds the qualifications of RICS, MAI, HKIS and other international societies, is committed to continuous professional leadership, deeply interprets the real estate market from a forward-looking perspective, and the content starts with the value of the territory public number, with continuous originality and excitement!
2021-10-13
11
2021-10
Source: Department of Housing and Urban-Rural Development of Shandong Province Notice on Soliciting Comments on the List of Contents of Whole Process Engineering Consulting Services (Draft) Municipal engineering cost management agencies and relevant units: In order to establish the whole process engineering consulting service standard system of Shandong Province, guide the cost consulting enterprises in our province to improve the whole process engineering consulting service ability, and standardize the practice behavior of cost consulting enterprises and their employees, Shandong engineering construction standard cost center has organized and compiled the list of contents of whole process engineering consulting service (Draft for comments), which is now widely soliciting opinions from the society. Please organize the municipal project cost management agencies to summarize the opinions of relevant units and send the electronic version of the opinions to the electronic E-mail wxg7058@shandong.cn before October 17. Contact: Wang Xiaoguang Tel: 0531-87087055 Annex: List of Contents of Whole Process Engineering Consulting Services (Draft for Comments).docx (See http://zjt.shandong.gov.cn/art/2021/10/8/art_119937_10297640.html for details) Shandong Engineering Construction Standard Cost Center 8 October 2021
2021-10-11
11
2021-10
Safe production is greater than the day, "canon" bright beautiful life. On the afternoon of October 9, 2021, lawyers Yao Li and Chu Xiaosong from Shandong Zhongcheng Qingtai (Dezhou) Law Firm gave lectures on "Classic" and "Providing a Powerful Legal Weapon for Work Safety-Interpretation of the Newly Revised Work Safety Law" for Tsingtao Brewery (Dezhou) Co., Ltd. As an "encyclopedia of social life", the Civil Code is related to the vital interests of every citizen. Lawyer Yao Li first raised three questions, "Does the father's debt need to be paid by the son?", "Does the husband's debt need to be paid by the wife?", "Can the house you buy be able to live in?" This triggered the thinking of the delegates. From the effectiveness of the Civil Code, the significance of codification, the definition of the right of residence, how to establish, the application of the situation, the system of change of circumstances, private lending, the joint property of husband and wife and the determination of the joint debt of husband and wife, wills and other issues closely related to life. According to the revised "the People's Republic of China Safety Production Law" and the specific situation of Tsingtao Brewery Dezhou Company, lawyer Chu Xiaosong insisted on people-oriented, promoted safety development, established and improved safety production policies and working mechanisms, and strengthened the "three musts", clarify the law enforcement status of safety supervision departments, clarify safety production responsibilities, further clarify the main responsibility of production safety of production and business units, establish a system to prevent safety production accidents, establish a safety production standardization system, implement a registered safety engineer system, and promote a safety production liability insurance system. The ten highlights of increasing the accountability for production safety violations are fully interpreted, and a specific explanation is given in conjunction with safety liability accident cases. This training combines specific cases with detailed and comprehensive content. It combines jerky laws and specific cases. It is not only close to life but also enhances the company's awareness of safety precautions, and enhances the awareness of participating representatives to find methods and solve problems. Guide everyone to pay attention to safety in work and harmony in life, laying a good foundation for happy work and happy life, and has been unanimously praised. Zhongcheng Qingtai Dezhou Institute has always adhered to the tenet of "uniting the center, serving the overall situation, paying attention to the people's livelihood, and contributing to the society", fulfilling the lawyer's public welfare mission, assuming more social responsibilities, and providing better legal services.
2021-10-11
01
2021-10
The lawyer is conscientious in handling the case, and the client thanks for the pennant.
On the afternoon of September 24, 2021, Ms. Jing, a citizen, was very satisfied with a recent civil dispute case and specially came to Shandong Zhongcheng Qingtai (Dezhou) Law Firm to solemnly present a banner with the words "conscientious and professional dedication" to lawyer Liu Aiju of our firm to express her high recognition of lawyer Liu's professional and conscientious legal services and professional ethics. Lawyer Liu Aiju said: It is priceless to receive a pennant for the recognition of the legal services provided by the parties. This kind of praise is not only an encouragement to oneself, but also a spur to oneself. In the future, we will not forget our original intention, forge ahead, and do our best to safeguard the legitimate rights and interests of every client!
2021-10-01
30
2021-09
On September 30, 2021, Li Heng, deputy director and senior partner of Zhongcheng Qingtai Jinan Institute and president of Zhongcheng Qingtai Law Research Institute, was invited to do special training for Jinan International Airport Construction Co., Ltd. on "Analysis of Judicial Interpretation (I) of Construction Contracts-and Discussion on Project Management. The relevant leaders of Jinan International Airport Construction Co., Ltd. and the heads of various departments and staff participated in this training. Lawyer Li Heng takes the Supreme People's Court's "(I) for Judicial Interpretation of Construction Contracts" as the main line, combined with the two "Answers to Several Questions on Trial of Construction Contract Disputes" issued by the Shandong Higher People's Court in 2020, from the aspects of project bidding, contract validity, project duration, project quality, project price settlement, judicial appraisal, etc, this paper makes an in-depth interpretation of the revised contents of the (I) on the judicial interpretation of construction contracts of construction projects, and puts forward some suggestions on the prevention of project management risks in the light of the characteristics of civil aviation airport construction projects. Lawyer Li Heng's professional training is based on case interpretation, vivid and detailed, close to the actual needs of the enterprise, and is well received by the trainees.
2021-09-30
30
2021-09
On September 29, 2021, Li Heng, deputy director and senior partner of Zhongcheng Qingtai Jinan Institute, was invited to give a legal lecture on "Analysis of the Main Terms of the Construction Project General Contract and Risk Prevention" for China Railway Second Institute North Survey and Design Co., Ltd. Members of the leadership team of China Railway Eryuan North Survey and Design Co., Ltd., members of the theoretical center group, branch secretaries, heads of departments, and economic production and project management personnel participated in this event. Lawyer Li Heng took the overview of the general contracting of construction projects as the starting point, and explained the model text of the "General Contracting Contract of Construction Projects" and the difference between the general contracting of construction projects and the general contracting of construction projects. At the same time, lawyer Li Heng also explained the legal risk prevention and contract compliance management of survey and design, consortium contracting and other aspects in combination with the business characteristics of China Railway Second Institute North Survey and Design Co., Ltd. Lawyer Li Heng's explanation language is vivid and simple. He sorted out the contract demonstration text of the "General Contracting of Construction Projects" and the prevention and control points in survey, design and construction management for the participants, and improved the internal rules and regulations, safe production, prevention and resolution. Legal risks play a certain guiding significance, and are highly praised by China Railway Eryuan North Survey and Design Co., Ltd.
2021-09-30
30
2021-09
On September 28, 2021, a criminal case in which lawyers Cui Shouxu and Ma Shihui served as defenders of Zhongcheng Qingtai Jinan Institute held a hearing in a procuratorate. At the hearing, lawyer Ma Shihui fully explained to the hearing moderator and hearing officer that the suspect met the conditions for non prosecution. After the hearing, the procuratorial organ adopted the defense opinion and decided not to prosecute the suspect according to law. In this case, in the process of examination and arrest, the defender submitted the lawyer's opinion of not arresting according to the facts of the case, and at the same time carried out targeted case retrieval, and submitted the case retrieval reports of applying probation and non prosecution respectively, which laid a foundation for the case to strive for non prosecution. After the case was transferred for examination and prosecution, the defender communicated with the prosecutor many times on the issue of non prosecution of the suspect, later, the procuratorate held a hearing on the proposed non-prosecution of the suspect in this case and finally decided not to prosecute him. In the process of agency in this case, the defender attached importance to the role of case retrieval, actively and effectively communicated with the prosecutor, and achieved remarkable defense results, demonstrating the professionalism and professionalism of the Criminal Defense Department of our institute.
2021-09-30
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
