Dynamic | Shandong University of Finance and Economics and Zhongcheng Qingtai Jinan Institute Signed Strategic Cooperation Agreement

On October 25, Shandong University of Finance and Economics signed an enterprise compliance framework cooperation agreement with Zhongcheng Qingtai Law Firm. Wei Hong, Secretary of the Party Committee of the Law School of Shandong University of Finance and Economics, Zhao Xinhui, Dean, Sha Linbin, Deputy Secretary of the Party Committee, Li Tongwu, Assistant Dean of the Law School, Han Honggang, Director of Zhongcheng Qingtai Law Firm, Meng Fanhu, Deputy Director, and Zhongcheng Qingtai (Jinan) Law Firm Party Secretary and Director Geng Guoyu and other lawyers attended the signing ceremony. The signing ceremony was presided over by Director Meng Fanhu, and Director Geng Guoyu and Secretary Zhao Xinhui delivered speeches respectively. Director Geng Guoyu pointed out in his speech that Zhongcheng Qingtai (Jinan) Law Firm has maintained friendly and cooperative relations with Shandong University of Finance and Economics for many years. Zhongcheng Qingtai law firm is a national excellent law firm and a large-scale law firm in Shandong Province, ranking among the "top 20 national scale" and "top 50 Asian scale law firms". Zhongcheng Qingtai lawyer has rich practical experience. The strategic cooperation between the two sides is a strong combination of teaching and practice, an innovative exploration in the performance of social responsibilities, and an important opportunity for friendly cooperation and common development between the two sides. Dean Zhao Xinhui introduced that Shandong University of Finance and Economics is a university jointly built by the Ministry of Finance, the Ministry of Education, and Shandong Province. It is the largest university of finance and economics in the country and the governing unit of the "BRICS Think Tank Cooperation Chinese Council". In the past three years, Shandong University of Finance and Economics has undertaken 412 scientific research projects at or above the provincial and ministerial level. The Law School of Shandong University of Finance and Economics has long been committed to the training and research of basic legal talents and has profound professional research results. It also congratulates Shandong University of Finance and Economics on signing a strategic cooperation agreement with Zhongcheng Qingtai (Jinan) Law Firm, and looks forward to and hopes that in the next step In the cooperation, the two parties can integrate scientific research and practical resources, and better play the legal service social function of the institution. President Zhao Xinhui and Director Geng Guoyu signed the "Strategic Cooperation Agreement" on behalf of Shandong University of Finance and Economics and Zhongcheng Qingtai (Jinan) Law Firm. After the signing ceremony, the two sides continued to discuss the specific ways of cooperation in the next step. The exchanges between the two sides were comprehensive and in-depth, the atmosphere was warm, and the forum was a complete success.

2022-10-25

Dynamic... Zhongcheng Qingtai Jinan launched a (II) of activities to welcome the 20th rule of law into the organs.

Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at the core has positioned the rule of law, laid out the rule of law, and strictly enforced the rule of law from the overall and strategic height of upholding and developing socialism with Chinese characteristics, and creatively put forward a series of new concepts on the comprehensive rule of law. New ideas and new strategies have formed Xi Jinping's rule of law thought. On October 19, on the occasion of the 20th National Congress of the Communist Party of China, Director Geng Guoyu of Zhongcheng Qingtai Jinan Institute, as the head of the "Jinan Lawyers Propaganda Group", accepted the special invitation of the Municipal Science and Technology Bureau to give a special lecture on the rule of law, preaching Xi Jinping's thought on the rule of law, so that the thought on the rule of law could be implemented. Liu Dezhi, deputy director of the Municipal Science and Technology Bureau and member of the party group, as well as other members of the bureau's leadership team, cadres at or above the deputy department level of the bureau, and responsible comrades of the bureau's affiliated units participated in this preaching activity. Director Geng Guoyu of our institute, with the theme of "forging ahead in a new journey, building the foundation of the rule of law", centered on studying and implementing Xi Jinping's thoughts on the rule of law, combined with years of theoretical research and rich practical experience, based on the historical achievements of the comprehensive rule of law since the 18th National Congress of the Communist Party of China, This paper comprehensively and systematically expounds the background and formation process of Xi Jinping's thoughts on the rule of the rule of law. At the same time, combined with the Civil Code and social hot events, and using fresh examples, this paper deeply interprets the basic spirit of Xi Jinping's thought of the rule of law and the core meaning of "eleven insistences"; it deeply analyzes and emphasizes the importance of cultivating the thinking of the rule of law to enhance the ability of modern governance, and deeply learning and practicing Xi Jinping's thought of the rule of law to promote the modernization of governance. All the participants said that through this lecture, they had a deeper understanding of the profound connotation of Xi Jinping's thought on the rule of law, internalized it in the heart, externalized it in practice, and used the rule of law thinking throughout the work of scientific and technological innovation. we will more consciously use Xi Jinping's thought of the rule of law to guide and solve practical problems, and earnestly transform Xi Jinping's thought of the rule of law into the vivid practice of building Jinan under the rule of law.

2022-10-22

The Third Party Branch of Jinan Institute, Zhongcheng Qingtai, Welcome to the Top 20

Strive for a new journey and build a new era. On October 16, the 20th National Congress of the Communist Party of China was solemnly held in the Great Hall of the People in Beijing. The Party Committee of Zhongcheng Qingtai (Jinan) Law Firm organized to listen to the grand opening of the conference. The lawyers listened carefully to the report of General Secretary Xi Jinping's 20th National Congress and deeply understood the new ideas and strategies contained in the report. The law firm has set off a wave of learning and practicing the spirit of the top 20. The report of the 20th National Congress of the Communist Party of China mentioned the rule of law, but also gave legal people ideological guidance. Zhongcheng Qingtai lawyers will unify their thinking, gather strength, work hard and move forward bravely. I love my country, I report to my country. Du Wentang Today is the opening day of the 20th National Congress of the Communist Party of China. Shandong Zhongcheng Qingtai (Jinan) Law Firm organized all party members to watch the live broadcast and listened carefully to the work report of General Secretary Xi. As an ordinary Communist Party member, I can't help but feel filled with emotion and joy. As a Chinese, I feel supreme glory and happiness. As a member of the Chinese Communist Party, I feel responsibility and responsibility. I love my country, I am reporting to my country. Since the 18th National Congress of the Communist Party of China, under the strong leadership of the party, the comprehensive rule of law has been incorporated into the "four comprehensive" strategic layout. General Secretary Xi attaches great importance to the role of lawyers in the comprehensive rule of law, and has repeatedly given important instructions to the work of lawyers, emphasizing that lawyers It is an important force in the rule of law, we will safeguard social fairness and justice with enthusiasm, strive to write a new chapter in the development of lawyers in the new era, and further improve their professional ability and professional ethics. The 20th National Congress of the Communist Party of China is another "mobilization meeting" for advancing the great new project of party building, and it will also be a "compass" for forging ahead on a new journey and building a new era of meritorious service ". General Secretary Xi Jinping once again emphasized the comprehensive promotion of the rule of law and the comprehensive construction of the country into the track of the legal system, and further required the further legalization of various tasks and the maintenance of social fairness and justice. A generation has the mission of a generation, and we legal workers should meet the new tasks of the new era with a new look and new atmosphere, dare to take on the responsibility, be good at acting, and fulfill the mission and responsibility of the national strategic legal system. to contribute to ensuring correct justice and safeguarding social fairness and justice. Thoughts on the Opening Ceremony of the 20th National Congress of the Communist Party of China Wang Yan Before coming out of the peaceful and happy atmosphere of the National Day, China Red has already covered the Great Hall of the people in Beijing, and the 20th National Congress of the Communist Party of China has been successfully held, he is also more grateful for the outstanding leadership of the Communist Party of China and its far-reaching knowledge of the political and economic situation at home and abroad. As a party member lawyer, I always keep in mind the era positioning of "people's lawyers for the people". To be a good caring person of the people, lawyers not only serve economic and social development, but also serve the daily legal needs of the people. They must be professional, More to be excellent in service, but also politically strong. During my practice, I actively participated in the village legal consultant service in Jinan High-tech Zone and Zhenglu Town, Shanghe County, go to the fields, villages and farmers' homes to help them solve the legal problems often encountered in daily life and production, such as marriage, family and land transfer. As a party member lawyer, I always adhere to the three original aspirations, build a firm bottom line of lawyers' practice, and never touch the red line of practice. Just like the self-revolution that the Communist Party of China has always adhered to, it will not deteriorate, change color, and remain unchanged. Only by constantly self-examination and self-restraint can we ensure the political nature of lawyers' practice and enhance their professional ability and awareness of practice risks. Throughout the history of the party, the history of new China, the history of socialist opening up, and the history of the development of the Chinese nation, the Chinese people have always been under the leadership of the Communist Party of China, step by step and confidently promoted the great leap of the Chinese nation from standing up to becoming strong and rich. We are irreversibly entering the historical process of the great rejuvenation of the Chinese nation. We, a political party with more than 9000 million Marxist members, it is bound to make greater contributions to the development and peace of human society with more and better Chinese wisdom, Chinese solutions, and Chinese strength. Watching the Opening Ceremony of the 20th National Congress and Working Plan Yu Xiaona I watched the opening ceremony of the 20th National Congress of the Communist Party of China with excitement. The Communist Party of China has gone through a century of struggle. The report puts forward new requirements for the party in a new era and a new journey, and proposes to use Chinese modernization. Comprehensively promote the great rejuvenation of the Chinese nation. For the three imperatives mentioned in the report, my personal feelings are as follows: 1. must be Do not forget your initiative mind, remember the mission In the past five years, in the face of the complex situation at home and abroad, under the comprehensive and unified leadership of the Party, we have completed the important tasks of the times, such as the fight against poverty, the entry of socialism into a new era, the 100th anniversary of the founding of the Party, the transformation of Hong Kong from chaos, and the overall prevention and control of the epidemic. As a party member, in the tide of the times, we must keep our mission in mind, adhere to fairness and justice, maintain the rule of law in society, find the original intention of a lawyer to practice, and be a lawyer without regrets in this life. 2. must be modest and prudent and work hard. President Xi asked young friends to unswervingly listen to the party's words, follow the party, embrace dreams and be down-to-earth, dare to think, dare to do and do good things, and aspire to be good young people in the new era who have ideals, dare to take responsibility, can endure hardships, and are willing to struggle. Let youth bloom in the fiery practice of building a modern socialist country in an all-round way. This paragraph is very inspiring. We must establish lofty ideals and beliefs in the daily work of lawyers, and maintain rigor and humility. This is also the usual requirement of the law firm for every lawyer. The quality of hard work will never be out of date, and we will be loyal to our duties and clients., To undertake cases in accordance with the law, and comply with the practice requirements of the law association and law firm. 3. must dare to fight and be good at fighting. For the problems found in the rectification of the political and legal system, we will resolutely resist, not tolerate and condone, and carry out the anti-corruption struggle to the end. Everyone is equal before the truth. In the face of the application of the law and objective facts, legal persons must maintain the spirit of seeking truth, and party members and lawyers must play a pioneering role to help the construction of the socialist rule of law. Experience of Attending the Opening Ceremony of the 20th National Congress of the Communist Party of China Du Chengjun As all stood up to sing the national anthem and observe a moment of silence for the martyrs of the historical revolution, the 20th National Congress of the Communist Party of China was successfully held. The work report of General Secretary Xi Jinping gave me an overall understanding and understanding of the great progress made by the people of the country under the leadership of the Communist Party of China since the 18th and 19th National Congress. Through the understanding and understanding of these great advances, I once again realized that as long as the Communist Party of China can save China, only the Communist Party of China can lead the Chinese people to stand up and get rid of poverty and become rich and strong. General Secretary Xi Jinping's work report also let me know that the Chinese people still have many major tasks to complete, whether in the political, economic, and cultural fields, or in the fields of national defense, science and technology, and education. In the process of completing these tasks and tasks, the correct leadership of the Communist Party of China is indispensable. As a party member lawyer, I will continue to adhere to the three original aspirations, firmly build the bottom line of lawyers' practice, keep in mind the era orientation of "people's lawyers for the people", and be a caring person of the people, not only serving social and economic development, but also serving The daily legal needs of the people require not only professional excellence, but also excellent service, but also strong politics, and always adhere to self-revolution, not deteriorating, not changing, constant position, constant self-examination, continuous self-discipline, to ensure the political nature of the lawyer's practice, self-innovation, improve their professional ability and practice risk awareness, become a firm believer and loyal practitioner of communism, and cultivate their own ambition, confidence and backbone, Open up a new world of career development, better serve the people and socialism. In addition to fulfilling the obligations of a Communist Party member lawyer in the work of legal services, I also give full play to my strengths and do my part in the construction of family, family education, and family style. Throughout the history of the party, the history of new China, the history of socialist opening up, and the history of the development of the Chinese nation, the Chinese people have always been under the leadership of the Communist Party of China, step by step and confidently promoted the great leap of the Chinese nation from standing up to becoming strong and rich. We are irreversibly entering the historical process of the great rejuvenation of the Chinese nation. Our political party with more than 9000 million Marxist members must also make greater contributions to the development and peace of human society with more and better Chinese wisdom, Chinese plans, and Chinese strength. Strive for a new journey and build a new era. On October 16, the 20th National Congress of the Communist Party of China was solemnly held in the Great Hall of the People in Beijing. The Party Committee of Zhongcheng Qingtai (Jinan) Law Firm organized to listen to the grand opening of the conference. The lawyers listened carefully to the report of General Secretary Xi Jinping's 20th National Congress and deeply understood the new ideas and strategies contained in the report. The law firm has set off a wave of learning and practicing the spirit of the top 20. The report of the 20th National Congress of the Communist Party of China mentioned the rule of law, but also gave legal people ideological guidance. Zhongcheng Qingtai lawyers will unify their thinking, gather strength, work hard and move forward bravely.

2022-10-21

The Second Party Branch of Jinan Institute, Zhongcheng Qingtai, Welcome to the Top 20

Strive for a new journey and build a new era. On October 16, the 20th National Congress of the Communist Party of China was solemnly held in the Great Hall of the People in Beijing. The Party Committee of Zhongcheng Qingtai (Jinan) Law Firm organized to listen to the grand opening of the conference. The lawyers listened carefully to Comrade Xi Jinping's 20 major reports and deeply understood the new ideas and strategies contained in the report. The law firm has set off a wave of learning and practicing the spirit of the top 20. The report of the 20th National Congress of the Communist Party of China mentioned the rule of law, but also gave legal people ideological guidance. Zhongcheng Qingtai lawyers will unify their thinking, gather strength, work hard and move forward bravely. To be the successor of the new era The lion roared at the awakening of the Chinese people, the Chinese ancestors washed the shame, the dragon took off in Kyushu, the glory of the party shone on China, the spring breeze warmed the hearts of thousands of miles, and the spirit of the Communist Party of China has always been brilliant, shining on the land of the motherland and thousands of miles of mountains and rivers. This has also become our new youth. The spiritual motivation for continuous hard work, I know that the party's highest ideal and ultimate goal is to realize communism. As contemporary new youth, we were born under the red flag and grew up in the spring breeze. I love my motherland and the Communist Party of China. I will always work hard for my ideals, firmly establish the ideal of "establishing a heart for heaven and earth, establishing a life for the people, continuing to learn for the past, and opening peace for all generations", constantly strengthening my professional ability, and constantly enhancing my initiative and creativity in learning. I am willing to prove my determination with actions. Keep up with the pace of the party, step by step, listen to the party's command, and fight for the party and the people. I will put aside my former immaturity, earnestly and strive to shape a new self, and become a loyal son and daughter that the party and the country really need. The new era has given young lawyers an infinitely broad stage. We are the successors of the construction of a country under the rule of law, and we are the new force to realize the Chinese dream of the great rejuvenation of the Chinese nation. On the new journey of building a modern socialist country in an all-round way, young lawyers in the new era should inherit and cherish them, have the courage to shoulder the historical mission and social responsibility of the rule of law in China, give full play to the positive role of young lawyers in the modernization of the national governance system and governance capacity, and strive to make the people feel fair and just in every judicial case, and strive to make respect the law and law-abiding usage become common practice in the whole society. Take up political responsibility, fulfill mission, and be a good lawyer to the satisfaction of the party and the people. On the morning of October 16, the 20th National Congress of the Communist Party of China, which attracted worldwide attention, was successfully held in Beijing. I organized party members and lawyers to watch the opening ceremony of the conference and listen carefully to the report made by General Secretary Xi Jinping on behalf of the 19th Central Committee. In order to implement the requirements of the general secretary and strive to be a good lawyer who satisfies the party and the people, based on the attribute positioning of socialist rule of law workers, party member lawyers should strive to achieve the following three points. 1. must strengthen political awareness and take adherence to the party's leadership as the guarantee and bottom line of practice. The Party's leadership is the most essential feature of socialism with Chinese characteristics. General Secretary Xi Jinping profoundly pointed out: Only by unswervingly adhering to the leadership of the party can we ensure that the work of lawyers always advances in the right direction, and can the party's political advantages, organizational advantages, and mass work advantages be transformed into a powerful force that leads and promotes the healthy development of lawyers. In practice, to adhere to the leadership of the party, we must consciously and deeply study Xi Jinping's thought of rule of law, deeply understand the important significance of "two establishment", enhance the "four consciousness", strengthen the "four self-confidence", and achieve the "two maintenance". Continuously improve political judgment, political understanding, and political execution; it is necessary to inherit the spirit of the party, "learn the history of the party, praise the party's grace", Do not forget your original intention, and keep your mission in mind; it is necessary to strictly enforce political discipline, adhere to political rules, maintain the political ecology, be cautious in words and deeds, and be a good lawyer who can reassure the party and satisfy the people. 2. should strengthen the sense of responsibility and regard serving the overall situation of development as the pursuit and goal of practice. To seek happiness for the Chinese people and rejuvenation for the Chinese nation is the original intention and mission of the Chinese Communists, and an inexhaustible driving force that inspires generations of Chinese Communists to go forward and fight bravely. Party member lawyers should, in their practice, take the party's goal as the direction of progress, take the needs of the people as the pursuit of their career, consciously establish a strong sense of mission, devote themselves to the overall situation of national construction and development, bravely stand at the forefront, shoulder heavy responsibilities, and be willing to contribute. We should adhere to the people first, practice for the people, and actively participate in public welfare activities such as legal aid, community law popularization and petition duty. It is necessary to go deep into the front line to publicize national laws and party policies, let ordinary people recognize the importance of law, feel the warmth of the party, and contribute and input positive energy to the realization of the second centenary goal and the comprehensive rule of law. 3. should strengthen their professional awareness and regard practicing in good faith in accordance with the law as the prerequisite and basis for practicing. Professionalism and professionalism are the foundation of a lawyer's practice. As a professional lawyer, we should not only strengthen the study and publicity of the party's line, principles and policies, and constantly improve the level of policy theory, but also study and master the laws and regulations well, so as to understand, understand and use them well. To strengthen the legal awareness, the concept of laws and regulations, their own righteousness, strict self-discipline. It is necessary to lay a solid foundation of legal knowledge, know both what it is and why, work intensively in the field of practice, and become an expert in the professional field, so that it is impossible to ask, difficult, and accurate. It is necessary to cultivate a strong style of work, have courage, be able to innovate, and dare to tackle tough problems. We should only rely on the law and not others. We should stress facts, law and politics, respect others and safeguard justice. The mission needs to be undertaken, and the future will be achieved through hard work. At the critical moment of embarking on the new journey of building a modern socialist country in an all-round way and marching towards the second centenary goal, we will effectively unify thoughts and actions into the spirit of the party congress with a high degree of political consciousness, ideological consciousness, and action consciousness. Learning and implementing the spirit of the party congress is a major political task, adhere to the correct political direction, adhere to professional ethics, practice in accordance with laws and regulations, and integrity, and keep in mind the duties and missions of legal service workers, earnestly fulfill social responsibilities, closely integrate practice activities with serving the people, provide professional legal services, actively participate in social welfare activities, and make new and greater contributions to the construction of a safe China and a rule of law in China. Light up the road of striving in the new era The brilliant achievements we have created are due to the ideological light of the leaders who ride the wind and waves and light up the road of progress in the new era. The century-old journey has repeatedly proved that the incomparably strong leadership of the Communist Party of China is the most reliable backbone of the Chinese people when the storm strikes. The historic achievements and changes in the new era have once again confirmed that the leadership of the party is the fundamental and lifeblood of the party and the country, and the interests and destiny of the people of all ethnic groups in the country. The ship was heavy and one man at the helm. For such a big party and such a big country, to overcome many difficulties and obstacles and realize the great rejuvenation of the Chinese nation, we must have a strong leadership core. In the new era, General Secretary Xi Jinping fully demonstrated the political wisdom of the leaders of the big party and country. Strategic determination, mission responsibility, feelings for the people, and art of leadership; Xi Jinping's new era of socialism with Chinese characteristics fully demonstrates the power of truth and the great power of practice. The "two establishtions" were formed in the great struggle with many new historical characteristics in the new era. They are the choice of the times, the choice of history, and the choice of the people. The hundred-year history of the party has proved with facts that the Communist Party of China has always united the people, respected the people, insisted on doing everything for the people, relying on the people in everything, coming from the masses and going to the masses, always maintaining flesh-and-blood ties with the people, and always accepting criticism and supervision by the people., Always breathe with the people, share destiny, and heart-to-heart. Keep upright and innovate, work hard, and move forward courageously, provide society with more high-quality, efficient and professional legal services, make greater contributions to economic and social development and the construction of the rule of law, and be a good lawyer to the satisfaction of the party and the people. Watch the top 20 live broadcast to talk about learning experience At 10 o'clock in the morning on October 16, 2022, the long-awaited 20th National Congress of the Communist Party of China was successfully held! General Secretary Xi Jinping delivered the "Report at the 20th National Congress of the Communist Party of China" on behalf of the Party Central Committee. The report points out that the theme of the conference is to hold high the great banner of socialism with Chinese characteristics, comprehensively implement the thought of socialism with Chinese characteristics in the new era, carry forward the great spirit of building the party, be confident and self-improvement, be upright and innovative, work hard and courageously, and unite and strive for the comprehensive construction of a modern socialist country and the great rejuvenation of the Chinese nation in an all-round way. The whole report is divided into 15 parts, with many new terms, new concepts and new formulations, and many new spirits, new requirements and new goals. Among them, the seventh part is "adhere to the comprehensive rule of law, promote the construction of the rule of law in China". General Secretary Xi pointed out that the comprehensive rule of law is a profound revolution in national governance, which is related to the party's governance and rejuvenation of the country, the happiness and well-being of the people, and the long-term stability of the party and the country. We must give better play to the role of the rule of law in consolidating the fundamentals, stabilizing expectations, and benefiting the long-term, and comprehensively build a modern socialist country on the track of the rule of law. We must adhere to the path of socialist rule of law with Chinese characteristics, build a socialist rule of law system with Chinese characteristics, build a socialist country under the rule of law, focus on ensuring and promoting social fairness and justice, adhere to the rule of law, rule of law, and administration according to law. The construction of a government and a society ruled by law, comprehensively promote scientific legislation, strict law enforcement, fair justice, and law-abiding by the whole people, and comprehensively promote the rule of law in all aspects of the country. We should improve the socialist legal system with Chinese characteristics with the Constitution as the core, strengthen the implementation and supervision of the Constitution, strengthen legislation in key, emerging and foreign-related fields, and promote scientific, democratic and legal legislation. We will solidly promote administration according to law, transform government functions, optimize the government's responsibility system and organizational structure, improve administrative efficiency and credibility, and comprehensively promote strict, standardized, fair and civilized law enforcement. Strictly and impartially administer justice, deepen the comprehensive reform of the judicial system, fully and accurately implement the judicial responsibility system, accelerate the construction of a fair, efficient and authoritative socialist judicial system, and strive to make the people feel fair and just in every judicial case. We should speed up the construction of a society under the rule of law, carry forward the socialist spirit of the rule of law, inherit the excellent traditional Chinese legal culture, guide all the people to be loyal advocates, conscious abusers and firm defenders of the socialist rule of law, and strive to make it a common practice to respect, study and abide by the law in the whole society. General Secretary Xi's report is comprehensive, full of future, heartfelt and inspiring! The party has created a century of great achievements with great struggle, and it will certainly be able to create new great achievements with new great struggles. We must unite closely around the Party Central Committee, keep in mind that empty talk will mislead the country, work hard to rejuvenate the country, strengthen confidence, work with one heart, work hard, and forge ahead, and unite and struggle for the comprehensive construction of a modern socialist country and the comprehensive promotion of the great rejuvenation of the Chinese nation!

2022-10-20

Dynamic | Shandong Institute of Political Science and Law Signed Corporate Compliance Framework Cooperation Agreement with Zhongcheng Qingtai Law Firm

On October 19, Shandong Institute of Political Science and Law signed an enterprise compliance framework cooperation agreement with Zhongcheng Qingtai Law Firm. An Jun, Secretary of the General Party Branch of the Criminal Justice College of Shandong University of Political Science and Law, Ma Fengchun, Dean, Zhang Aiyan, Director of the Enterprise Compliance Research Center, Shen Shitao, Deputy Director of the Enterprise Compliance Research Center, Sun Jie, Secretary of Teaching and Research, Wang Cuixia, Executive Director of the Enterprise Compliance Research Center, Han Honggang, Director of Zhongcheng Qingtai Law Firm, Meng Fanhu, Yuan Jian and other lawyers, attended the signing ceremony. The signing ceremony was presided over by Director Meng Fanhu, and Director Han Honggang and Secretary An Jun delivered speeches respectively. Director Han Honggang pointed out in his speech that corporate compliance is the cornerstone of corporate stability and long-term development, and corporate criminal compliance is the concrete that guarantees the solid cornerstone. Zhongcheng Qingtai Law Firm has long been engaged in corporate compliance business and has rich practical experience. Shandong University of Political Science and Law has long been committed to corporate compliance research and has profound professional research results. This time the two parties reached a project cooperation to jointly build a corporate compliance research and practice platform, it is a strong combination of teaching and practice, an innovative exploration in the performance of social responsibilities, and an important opportunity for friendly cooperation and common development between the two sides. Secretary An Jun introduced the basic situation of Shandong University of Political Science and Law, Criminal Justice College and Corporate Compliance Research Center, and congratulated Shandong University of Political Science and Law and Zhongcheng Qingtai Law Firm on signing an corporate compliance framework cooperation agreement. In the cooperation, the two parties can integrate scientific research and practical resources, jointly help the modernization of corporate compliance governance system and governance capabilities, and jointly contribute to the development of corporate compliance work. Vice President Zhang Aiyan and Director Meng Fanhu signed the Enterprise Compliance Framework Cooperation Agreement on behalf of Shandong University of Political Science and Law and Zhongcheng Qingtai Law Firm respectively. According to the agreement, Shandong University of Political Science and Law and Zhongcheng Qingtai Law Firm will cooperate and exchange on corporate compliance research, corporate compliance academic exchanges, and corporate compliance project cooperation. At the signing ceremony, President Ma Fengchun read out the decision of the Enterprise Compliance Research Center of Shandong University of Political Science and Law to employ lawyers such as Geng Guoyu, Meng Fanhu, Yuan Jian and Wang Junjie as researchers. Secretary An Jun, President Ma Fengchun and Vice President Zhang Aiyan respectively issued letters of appointment to the employed lawyers. After the signing ceremony, the two parties continued to discuss the specific cooperation methods in the next step, corporate compliance, especially the current status and prospects of the corporate compliance involved. President Ma Fengchun, Vice President Zhang Aiyan, Director Meng Fanhu and Director Yuan Jian spoke respectively. The exchanges between the two sides were comprehensive and in-depth, the atmosphere was warm, and the forum was a complete success.

2022-10-20

The First Party Branch of Jinan Institute, Zhongcheng Qingtai, Welcome to the Top 20

Strive for a new journey and build a new era. On October 16, the 20th National Congress of the Communist Party of China was solemnly held in the Great Hall of the People in Beijing. The Party Committee of Zhongcheng Qingtai (Jinan) Law Firm organized to listen to the grand opening of the conference. The lawyers listened carefully to Comrade Xi Jinping's 20 major reports and deeply understood the new ideas and strategies contained in the report. The law firm has set off a wave of learning and practicing the spirit of the top 20. The report of the 20th national congress mentioned the rule of law, but also gave legal people ideological guidance. zhongcheng qingtai lawyers will unify their thinking, gather strength, work hard and move forward bravely. Strive forward courageously Chen Xiaotong At 10 a.m. on October 16, the 20th National Congress of the Communist Party of China opened in the Great Hall of the People. Xi Jinping delivered a report to the 20th National Congress of the Party on behalf of the 19th Central Committee. After listening to General Secretary Xi Jinping's report, my heart was surging. The report has a clear theme, profound thinking, broad and profound, magnificent momentum, leading the times, and inspiring people to forge ahead. Standing at the height of history and the times, it is a glorious Marxist programmatic document. It is of decisive significance to the development of the party and the country in the new era and to the advancement of the historical process of the great rejuvenation of the Chinese nation. In the report of the 20th National Congress of the Communist Party of China, General Secretary Xi put forward: "guide all the people to be loyal advocates, conscious abides by, and firm defenders of the socialist rule of law, and strive to make law-abiding, law-abiding and usage become common practice in the whole society". As a lawyer who has worked in the front line for a long time, I feel extremely responsible. In the future work, we should have a deep understanding of the new situation and new tasks, base on the advantages of taking root in the front line, and work hard to integrate into the grass-roots social governance system and services to promote the modernization of municipal governance. As a lawyer in the new era, I must keep in mind the main line of people-centered work, fully study the spirit of the twenty major, and let the people feel fairness and justice in every case I handle and every document I write. I must reflect the study, publicity and implementation of the spirit of the 20th National Congress of the Communist Party of China in my work and action, handle cases fairly and efficiently, be close to the masses and judicial convenience, comprehensively help popularizing the law, serve the social governance at the grass-roots level, sprinkle blood and youth for the future development and construction of our party, and write a more brilliant chapter for socialism with Chinese characteristics in the new era. Jiang Beibei, First Party Branch On October 16, 2022, the 20th National Congress of the Communist Party of China was successfully held. The 20th National Congress of the Communist Party of China is a grand event to carry forward the past and forge ahead into the future. General Secretary Xi Jinping has led us into a new era, opened up the further improvement of our better life, and realized our long-awaited Chinese dream. First of all, as a member of the Communist Party of China, I adhere to the overall leadership of the party, which is an unswerving pursuit of lofty beliefs and beliefs. Do not forget your initiative mind, keep in mind the mission, unswervingly listen to the party's words and follow the party, experience the Chinese spirit attentively, listen to the people's voice with emotion, faithfully defend the "two establishments", closely unite around the Party Central Committee with Comrade Xi Jinping as the core, and rise up to realize the Chinese dream of the great rejuvenation of the Chinese nation! Secondly, as a legal worker, he actively responded to the "adhere to the comprehensive rule of law and promote the construction of the rule of law in China" proposed by the 20th National Congress of the Communist Party of China ". We must adhere to the path of socialist rule of law with Chinese characteristics, build a socialist country under the rule of law, focus on ensuring and promoting social fairness and justice, comprehensively promote scientific legislation, strict law enforcement, fair justice, and law-abiding by the whole people, and comprehensively promote the rule of law in all aspects of national work. We should speed up the construction of a society under the rule of law, carry forward the socialist spirit of the rule of law, inherit the excellent traditional Chinese legal culture, guide all the people to be loyal advocates, conscious abusers and firm defenders of the socialist rule of law, and strive to make it a common practice to respect, study and abide by the law in the whole society. Let us always listen to the party, follow the party, live up to the times, live up to the youth, live up to the ardent expectations of the party and the people, further stimulate the initiative and creativity to devote ourselves to the construction of China under the rule of law, stir up the forward force, and continue to write a new chapter of the times. Adhere to justice for the people, strive to be an outstanding young lawyer in the new era. Qin Wenting In the golden autumn of October, the 20th National Congress of the Communist Party of China was successfully held in Beijing. This is an important meeting to summarize the work of the previous ten years and look forward to the new journey. It is a well-off life for the people of all ethnic groups in the country and the completion of the first century. The goal of struggle is to open an important meeting as a milestone in the second century of struggle. The conference called on all party members to implement Xi Jinping's thoughts on socialism with Chinese characteristics in the new era, work hard, move forward courageously, and unite and strive for the comprehensive construction of a modern socialist country and the comprehensive promotion of the great rejuvenation of the Chinese nation. As a young lawyer in the new era and new era, we should keep in mind the purpose of the party and fully implement in our work to make the parties feel fair and just in each case. In the future, I will closely integrate the important spirit of the 20th National Congress of the Communist Party of China and proceed from actual work., And return to the actual work. The 20th National Congress of the Communist Party of China talked about the strong youth and the strong country. I should master legal knowledge, fully understand the demands of the parties, reject judicial corruption in my work, dare to delve into new business, and dare to turn cases into iron cases. From the perspective of lawyers, I should reflect judicial responsibility, highlight judicial fairness and disputes, and be worthy of every case! To understand the great power of thought, to draw the strength of endeavor With the vicissitudes of life and the great changes in China, this year is an important year for entering a new journey of building a modern socialist country in an all-round way and marching towards the second centenary goal. Our party ushered in the convening of the 20th CPC National Congress as scheduled, and the convening of the 20th CPC National Congress is also a major event in the political life of the party and the state. The report made by General Secretary Xi Jinping at the 20th National Congress of the Communist Party of China is far-sighted, profound, and inspiring. As he said, "The great achievements of the new era are the work of the party and the people." "The party has created a century of great achievements with great struggle, and it will certainly be able to create new great achievements with new great struggles." The 20th National Congress of the Communist Party of China clearly declared what flag the party will raise, what path it will take, what mental state, and what goals it will continue to move forward on its new journey. As a party member lawyer in the new era, I must take the initiative to be a good respondent in the new era and accept the review of the party and the people. I am a lawyer and a party member! Because they have both the identities of party members and lawyers, they must consciously abide by the party's discipline and the lawyer's practice discipline. As a member of the Communist Party, we must constantly improve our political awareness, establish a sense of the overall situation, and have the spirit of sacrifice for everyone. As a practicing lawyer, we should also bear in mind our responsibilities, standardize our honest practice in accordance with the law, and conscientiously fulfill our social responsibilities; we should give full play to the vanguard and exemplary role of party member lawyers, drive the broad masses of lawyers to continuously improve their ideological and political literacy and professional ethics; we should be honest and trustworthy, be diligent and responsible; we should safeguard the interests of clients and the dignity of the law; at the same time, we should be honest and consciously resist all kinds of unhealthy tendencies; the most important thing is that I will continue to learn, keep making progress, and contribute my strength to the construction of China ruled by law!

2022-10-19

Geng Guoyu, Secretary of the Party Committee of Jinan Institute, Zhongcheng Qingtai, to welcome the 20th National Congress of the Communist Party of China

2022-10-18

Real estate perspective: the legal risk prevention of cultural relics protection in the process of land development.

Our country has thousands of years of heritage, and every city has its own historical precipitation. When the buried relics are unintentionally excavated in the process of land development, a series of legal problems also appear at the same time of human precious wealth. For example, in the stage of land transfer, how to avoid risks for possible underground buried objects, how to deal with the protection of cultural relics involved in the process of project construction, and how to safeguard the rights of project losses caused by cultural relics protection, etc. This paper will explore the relevant solutions to the legal problems related to the protection of cultural relics in the process of land development. Scope of Cultural Relics Protection and Relevant Provisions of the Ministry of 1. According to the relevant provisions of the the People's Republic of China Cultural Relics Protection Law, the cultural relics protected by the state mainly include the following types: 1. Ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings, and murals with historical, artistic, and scientific value; 2. Important modern historical sites, objects, and representative buildings that are related to major historical events, revolutionary movements or famous figures and have important commemorative, educational or historical value; 3. Precious works of art and arts and crafts in various eras in history; 4. Important documents and materials in various eras in history, as well as manuscripts and books with historical, artistic, and scientific value; 5. Reflecting various eras and ethnic groups in history Representative objects of social systems, social production, and social life. In addition, fossils of ancient vertebrates and ancient humans of scientific value are protected by the State as are cultural relics. In order to protect the buried cultural relics, relics and existing immovable cultural relics, the protection scope of cultural relics protection units and the concept of construction control zone are stipulated in the content of China's cultural relics protection law. Other construction projects or operations such as blasting, drilling and excavation are not allowed within the protection scope of cultural relics protection units; construction projects are carried out within the construction control zone of cultural relics protection units, the historical features and engineering design plans of cultural relics protection units shall be submitted to the urban and rural construction planning department for approval according to the level of cultural relics protection units and with the consent of the corresponding cultural relics administrative department. It can be seen that once the land to be developed is within the above two ranges, the developer needs a more complex and strict declaration process. In particular, large-scale capital construction projects and projects within the scope of cultural relics protection are more likely to have problems related to cultural relics protection, and the approval process is particularly strict. With the promulgation of the "Implementation Opinions of the General Office of Jinan Municipal People's Government on Promoting the Pre-work of Archaeological Investigation and Excavation of State-owned Construction Land" (Ji Zheng Zi [2020] No. 38) and the "Supplementary Opinions of Jinan Municipal People's Government on Promoting the Pre-work of Archaeological Investigation and Excavation of State-owned Construction Land" (Ji Zheng Zi [2021] No. 13), the regulations on the protection of cultural relics protection in Jinan City have changed from "Archaeological Post" Archaeological Post "Archaeology", the municipal natural resources and planning department shall provide an annual land supply plan to the municipal cultural relics administrative department before the end of March each year; for unplanned land supply, the subject of land maturation may submit applications for archaeological investigation and exploration at any time as needed, and the first-level cultural relics distribution area shall submit applications for archaeological exploration two months before land supply, 2. the third-level cultural relics distribution area shall submit applications for archaeological investigation and exploration one month before land supply. In view of the transfer of state-owned construction land, Jinan further defines the scope of land that should be subject to archaeological exploration, refines the subject of exploration responsibility, standardizes the process of land transfer in the reserve, and in the stage of land transfer, as far as possible to ensure that the transferred land has no cultural relics burden. 2. relevant cases and analysis Case 1:(2020) No. 52, Line 14, Sichuan Case Name: "Meishan Luhu Zhongcheng Real Estate Co., Ltd. and Meishan Natural Resources Bureau Administrative Expropriation Second Instance Administrative Judgment" Referee's Point of View: Regarding the question of whether the archaeological time of the land-related cultural relics from February 26, 2018 to June 30, 2018 should be deducted from the overdue time of the land transfer fee paid by the appellant Luhu Zhongcheng Company, the Court believes that, first of all, the delivery time of the land-related cultural relics in the case is January 2, 2018, and the time of the discovery of cultural relics in the land-related case is February 26, 2018, after the appellee Meishan Natural Resources Bureau has fulfilled the obligation of land delivery, the appellee Luhu Zhongcheng Company actually occupies the land and starts construction. The improper transaction risk of cultural relics should be borne by the appellee Meishan Natural Resources Bureau. Secondly, although the Land Transfer Contract signed by both parties does not stipulate the possible discovery of cultural relics on the land involved in the case, however, it has been made clear in the auction documents involving land that "if underground cultural relics are involved within the planning red line, the bidder shall handle the matter in accordance with the relevant provisions of the current cultural relics management, and the required expenses shall be borne by the bidder". The appellant Luhu Zhongcheng Company has read and agreed to the document before bidding for the land, and the agreement of the auction document shall be regarded as an integral part of the Land Transfer Contract. The agreement clarifies the handling methods and cost burdens of underground cultural relics that may be involved in the land involved in the case. From the perspective of the agreement, both parties to the appeal have common foresight on the event that the land involved in the case does not rule out the existence of underground cultural relics. The discovery of cultural relics on the land involved in the case is not an unforeseeable, unavoidable and insurmountable force majeure stipulated in Article 117 of the the People's Republic of China Contract Law, therefore, it cannot be used as a legal cause for the appellant Luhu Zhongcheng Company to defend against the exemption from the payment of liquidated damages. The commercial risk of delayed construction of the land involved due to the discovery of underground cultural relics shall be borne by the appellant Luhu Zhongcheng Company. In addition, the appellant Luhu Zhongcheng Company stated in the appeal that some local governments have made provisions to allow deferred payment of newly discovered cultural relics during the transfer of state-owned construction land, so the case should also be determined that its deferred payment is not a breach of contract. In this regard, the court believes that, on the one hand, the normative documents of the relevant local government are not the reference basis for the administrative litigation in this case. On the other hand, the local government also has no clear regulations on how to deal with the newly discovered cultural relics when the state-owned construction land is sold. The reason for the argument cannot be established. To sum up, the archaeological time of the land-related cultural relics during the period from February 26, 2018 to June 30, 2018 should not be deducted from the overdue time when the appellant Luhu Zhongcheng Company paid the land transfer fee. In this case, the developer does not rule out the existence of underground cultural relics on the land involved in the case, and the land transfer department has fulfilled its obligations. The auction contract also deals with the handling of underground cultural relics that may be involved in the land involved in the case and the cost burden. Made clear. Therefore, developers can only bear risks and losses independently. Case 2:(2020) Lu 01 Min Zhong No. 9613 Case name: "Jinan Lixia District Housing and Urban Construction Bureau and Jinan Shimao Real Estate Co., Ltd. Property Rights Protection Dispute Second Instance Judgment" Referee's point of view: The Jinjia Courtyard is a provincial-level cultural relics protection unit. There is a protection scope and a construction control scope outside the courtyard. Even outside the red line of land stated by Shimao Real Estate Company, it should be protected and constructed in accordance with the requirements of cultural relics protection. On the issue of restoring the outer landscape of the Golden Family Compound. In the second instance, Lixia Housing and Construction Bureau submitted to the court the "Statement on the Paving Cost of the Peripheral Landscape of Jinjia Compound" issued by Shimao Real Estate Company to Lixia Housing and Construction Bureau, with the peripheral landscape effect map and scope map, confirming the peripheral landscape of Jinjia Compound before the dispute occurred. Shimao Real Estate Company had no objection to the authenticity of the evidence, arguing that the evidence could not prove that the peripheral landscape was demolished. After examination, the court believes that the above evidence is issued by Shimao Real Estate Company itself, and its authenticity can be confirmed. The attached drawings can also confirm the situation of the peripheral landscape of Jinjia Compound at that time. Now Shimao Real Estate Company should have the obligation to restore the peripheral landscape due to the destruction of its peripheral landscape caused by the development of Shimao Real Estate Company around Jinjia Compound. Therefore, the court supports the lawsuit request of the Bureau of Housing and Construction to restore the peripheral landscape of the Jinjia compound. In this case, the construction unit operates in the construction control zone of the cultural relics protection unit, and shall not damage the historical features of the cultural relics protection unit in accordance with the law, and the construction unit's behavior has destroyed the cultural relics, it shall bear the obligation of restoration. Case 3:(2018) Zhejiang Bank No. 4 Case Name: Huzhou Delong Real Estate Co., Ltd., Huzhou Natural Resources and Planning Bureau, Huzhou Taihu Tourism Resort Management Committee and other retrial administrative rulings Judging point of view: in this case, the land involved in the case is a dispute over the change of planning conditions caused by the protection of cultural relics. The respondent, as the land transferor and the third party as the interested party, has the regulatory basis of the Ministry of land and resources to resolve the land dispute by replacing the land with the applicant. For example, the determination of "replacing land to make up for the price difference", the selection of replacement land, the evaluation of land price, and the review of legality are made through due administrative procedures, and do not violate the mandatory provisions of current laws, regulations and rules. The historical disputes in this case are conducive to balancing the interests of all parties, resolving disputes in substance, and reducing administrative costs. During the retrial of this case, the parties reached an intentional settlement plan of "replacing land to make up for the price difference", and now the parties are still striving for settlement. In this case, the respondent, as the land transferor involved in the case, optimized and improved the administrative procedure plan for resolving disputes by replacing land to make up for the price difference, so that the Huzhou Municipal People's Government can study and make a decision in a timely manner, which falls within the scope of the administrative duties of the respondent. To sum up, the facts of the original 1. 2 judgment in this case are unclear and the main evidence is insufficient. The status of the land involved in the transfer also needs to be further ascertained. In this case, the case is complicated, and the first and second instance also made partial compensation for the expenses paid by the construction unit. During the retrial, the parties reached an intention settlement plan of "replacing land to make up for the price difference", and the parties are still striving for settlement. Accordingly, if the original plan cannot be realized due to the protection of cultural relics, the construction unit can make compensation requests such as compensation or land replacement. Case 4:(2020) No. 15058 at the beginning of the Republic of Shaanxi 0116 Name of Case: Civil First Instance Civil Judgment of Construction Contract Disputes of Shaanxi Farnsen Construction Engineering Co., Ltd. and Shaanxi Yellow River Construction Engineering Co., Ltd. Referee's point of view: regarding the plaintiff's request to pay the management fee for supporting temporary construction facilities, construction pre-purchase materials, engineering tools and materials and auxiliary fees, construction site protection measures and other expenses, the evidence provided by both parties proves that the reason for the plaintiff's withdrawal from the construction site is due to cultural relic survey factors, but more importantly, the Yellow River Company unilaterally terminated the contractual relationship with Farnsen Company, taking into account the fact that the plaintiff is contracted labor and materials, therefore, the above-mentioned expenses caused by this shall be paid by Farnsen Company and Yellow River Company jointly to the plaintiff as appropriate. In this case, after the cultural relics protection work occurred in the construction, the party cooperating in the development unilaterally terminated the contract, but the cultural relics protection work is not the main reason for the termination of the contract, nor is it a legal cause of termination, so the Yellow River Company still has to bear the responsibility. 3. Suggestions on Risk Prevention Risk aversion in the stage of (I) land transfer. 1. According to the current relevant laws and regulations of our country, in the stage of land transfer, developers are basically unable to carry out project development within the protection scope of cultural relics protection units, but the development of construction control zones can be obtained as long as they meet the approval process. When developers carry out land development in the construction control zone, they must remember that the historical features of the cultural relics protection unit must not be damaged during the development process; the development engineering design plan should be modified under the guidance of the corresponding level of cultural relics administrative department, and reported to the construction after approval Approved by the planning department. 2. The developer can negotiate and agree on the possible discovery of cultural relics on the land in the land transfer contract, so as to minimize its own risk. 3. The developer can first investigate whether the land has been explored for cultural relics, especially check whether it is within the scope of cultural relics protection against the drawings. At the same time, if the land is used for large-scale infrastructure projects, cultural relics exploration must be carried out first according to law. 4. For immovable cultural relics, all costs incurred in the protection, relocation and demolition of the original site shall be included in the construction project budget by the developer, that is, the developer shall bear the cost. Therefore, from the perspective of cost saving, developers should try to avoid the surrounding land with immovable cultural relics when selecting sites. Treatment of Cultural Relics Protection in the Process of (II) Project Construction 1. Cultural relics belong to state property. When cultural relics are found in land development, they must be reported to the relevant departments in time. They must not be concealed in order to catch up with the construction period, or excavated privately in order to occupy cultural relics, otherwise they may face serious consequences of criminal punishment. 2. Developers or investors need to pay attention to the fact that the extension of the project caused by cultural relic exploration is not a legal condition for the termination of the contract. It is not allowed to withdraw from the development simply because the project progress is delayed due to cultural relic excavation and other work. When this happens, it should be handled in accordance with the contract. It must not withdraw directly, resulting in a huge amount of compensation for breach of contract. 3. Developers need to pay attention to the protection of surrounding cultural relics during the construction phase to avoid damage to cultural relics due to development. When damage and other effects are accidentally caused during the construction process, they must stop work immediately, communicate with the cultural relics protection department as soon as possible, and timely Stop losses to avoid causing greater damage to cultural relics and causing developers to bear more serious responsibilities. 5. When the construction of a real estate project is delayed due to the protection of cultural relics, the developer should contact the buyer in time, explain the situation and issue the cultural relics protection materials and relevant laws and regulations issued by the cultural relics department, so as to exempt itself from responsibility. At the same time, the request of the buyer should be taken seriously and actively negotiated and resolved, so as to avoid contradictions and conflicts. (III) Rights Protection Ideas of Project Losses Caused by Cultural Relics Protection 1. my country stipulates that the land sold by the land transfer department should be "net land", but the net land requirements do not stipulate that archaeological investigation and exploration of the land must be carried out. Therefore, after the developer obtains the transferred land, in the process of development and construction In China, there is still the possibility of excavating cultural relics. If the subject of responsibility for cultural relic exploration can be clarified, the developer can require the relevant responsible subject to bear the liability for compensation when such problems occur. 2. In accordance with the provisions of Articles 2 and 8 of the Measures for the Disposal of Idle Land, if the land is idle due to military control, cultural relics protection, etc., the municipal and county land and resources authorities shall negotiate with the owner of the right to use state-owned construction land, Choose to replace the land. Accordingly, during the period of land development, when the project is delayed or even unable to proceed due to the protection of cultural relics, the developer can prepare the corresponding materials and apply to the government for land replacement in accordance with the law. 3. According to Article 14 of the interpretation of China's Administrative Procedure Law, if the defendant unilaterally changes or terminates the agreement due to public interest or other legal reasons, causing losses to the plaintiff, the defendant shall be judged to compensate. Therefore, the developer may apply for compensation accordingly. However, at this stage, my country does not have a unified standard for compensation for losses caused by cultural relics protection, and there are no relevant laws and regulations. Therefore, developers can refer to the relevant when considering recovery.

2022-10-18

Viewpoint... Analysis of the new breakthrough in the circulation of state-owned assets-from the State-owned Assets Supervision and Administration Commission No. 39.

In order to meet the practical needs of state-owned capital layout optimization, structural adjustment and professional reorganization, the State-owned Assets Supervision and Administration Commission of the State Council issued the "Notice on Matters Related to the Transaction and Circulation of State-owned Assets of Enterprises" (State-owned Assets Regulation [2022] No. 39) (hereinafter referred to as "Circular 39"), which made new regulations on the procedures and supervision of the transaction and circulation of state-owned assets. Document No. 39 further clarifies two directions for the circulation of state-owned assets transactions, in short, strict adherence to the "red line" and reasonable "decentralization". First, strictly observe the red line: strictly prevent the loss of state-owned assets and continue to increase supervision, especially to maintain the control position of state-owned assets in important industries and key areas; second, reasonable decentralization: encourage the transfer of state-owned assets transactions, which is reflected in two aspects: On the one hand, through the sinking of approval authority and further expanding the scope of application of relevant rules of Order 32, the system is more suitable for business practice and helps to play the role of capital leverage, maintain the preservation and appreciation of state-owned assets to further meet the needs of the system for the transfer of state-owned assets (refer to the figure below). On the other hand, Circular 39 has created new provisions to supplement the unspecified parts of the "Measures for the Supervision and Administration of State-owned Assets Transactions of Enterprises" (hereinafter referred to as "Order 32"). Some scholars believe that Act 39 is the first amendment to Order 32 and can be regarded as the first amendment to Order 32. The author believes that from the perspective of effectiveness, Circular 39, as a normative document of ministries and commissions, cannot surpass Decree 32 as a ministerial regulation. Circular 39 is to implement the basic principles and spirit of Decree 32. The extension and expansion of its content aims to further improve the layout of state-owned enterprises, increase the integration rate of resources, and face the actual problems of state-owned assets to give enterprises greater decision-making initiative. New situation of 1. non-public agreement transfer 1, non-public agreement transfer scope of application expanded. As shown in the figure above, No. 39 expands the scope of application of the non-public agreement transfer method. Decree No. 32 first established the principle that state-owned assets transactions are mainly public listing and transfer, supplemented by non-public agreement transfer, and provided for the application of public listing and non-public agreement transfer, approval agencies, pricing methods and other matters. As an exception to the principle of public listing transfer, the path of non-public agreement transfer is necessary for some state-owned property rights transactions that are not aimed at obtaining the highest income. As expanded by No. 39, the applicable circumstances for the transfer of non-public agreements in the circulation of state-owned transactions can be divided into the following three categories: (1) Transfer path of non-public agreements under Decree 32: Restructuring of state-owned enterprises in major areas Article 31, paragraph 1, of Decree No. 32 "involves the reorganization and integration of enterprises in important industries and key fields that are related to national security and the lifeline of the national economy. There are special requirements for the transferee, and the property rights of the enterprise need to be transferred between state-owned and state-owned holding enterprises. With the approval of the state-owned assets regulatory agency, the transfer method can be adopted by non-public agreement". Regarding what are "important industries" and "key areas", the Q & A selection on the SASAC website on August 28, 2018 clarified 9 industries and 9 areas: lifeline industries, including military and national defense technology, power grid power, petroleum and petrochemical, 9 industries including telecommunications, coal, civil aviation, shipping, finance, and culture; key areas, including major equipment manufacturing, automobiles, electronic information, construction, steel, non-ferrous metals, chemical industry, survey and design, science and technology 9 fields. The above is intended to provide a channel for directional transactions for the reorganization and integration of property rights of state-owned enterprises in key industries and fields. However, since this situation requires special approval by the SASAC, the scope of the project to which it is applicable is relatively small. (2) Non-public agreement transfer path II under Decree 32: reorganization and integration within the same group. Article 31, paragraph 2, of Decree No. 32, "Where property rights are transferred between the same state-funded enterprise and its holding enterprises at all levels or enterprises under actual control as a result of the implementation of internal reorganization and integration, the state-funded enterprise may adopt a non-public agreement transfer after deliberation and decision-making." That is, the reorganization of property rights within the group. Because the approval authority is a state-funded enterprise rather than a state-owned regulatory authority, and allows the audited net assets as the basis for valuation (Article 32 of Decree 32), the difficulty of approval is greatly reduced, which is more common in the case of non-public agreement transfer. From the provisions of Order 32, the scope of application of non-public agreement transfer is very limited. With the deepening of the reform of state-owned enterprises, the reorganization and integration between state-owned enterprises led by the government or SASAC is becoming more and more frequent, for the transfer of property rights of such enterprises, Order 32 does not provide for the application of non-public agreement transfer, No. 39 has been supplemented and clarified, as described below. (3) No. 39 new non-public agreement transfer path: cross-group corporate restructuring and integration. Article 1 of document No. 39. That is, "involving major matters such as the optimization and structural adjustment of state-owned capital led by the government or state-owned assets supervision and management institutions, as well as professional reorganization, the transfer of enterprise property rights between different state-funded enterprises and their holding enterprises, and the transferee If there are special requirements, it can be carried out by agreement". The applicable conditions are: the optimized layout and structural adjustment of state-owned assets led by the government, and the professional reorganization, and both parties to the transaction are state-funded enterprises or their holding enterprises, which have special requirements for the transferee. This is a new non-public agreement transfer, reflecting the response of the state-owned regulatory authorities to the real needs of state-owned capital layout and cross-group restructuring. With the change of state-owned assets supervision from state-owned assets transaction management to state-owned capital management, state-owned property rights need to flow at the level of enterprises funded by the same state, that is, "the layout optimization and structural adjustment of state-owned capital". To this end, No. 39 stipulates that such matters are transferable by non-public agreement, which provides a policy basis for the relevant transfer activities and dispels the policy doubts about the application of non-public agreement at the implementation level, thus speeding up the efficiency of the transfer of state capital in the whole field and industry and reducing the cost of the transfer of state capital. 2, break through the non-public agreement transfer pricing method. The pricing principle of Order 32 for non-public agreement transfers is that, in general, it is not lower than the approved or filed assessment results, and for internal restructuring, it may be not lower than the assessed or audited net assets. Article 32 of Decree No. 32 stipulates that the transfer of enterprise property rights by non-public agreement shall not be lower than the approved or recorded assessment results. After performing the decision-making procedures in accordance with the the People's Republic of China Company Law and the articles of association, the transfer price can be determined on the basis of the net asset value confirmed in the asset evaluation report or the latest audit report, and shall not be lower than the assessed or audited net asset value: (1) The same state-funded enterprise implements internal reorganization and integration, and the transferor and transferee are the state-funded enterprise and its directly or indirectly wholly-owned subsidiaries; (II) the same state-owned holding enterprise or state-owned actual control enterprise internal reorganization and integration, the transferor and the transferee are the state-owned holding enterprise or state-owned actual control enterprise and its directly or indirectly wholly-owned subsidiaries. Article 4 of document No. 39 stipulates that if the property rights of an enterprise are transferred by means of a non-public agreement, and the transferor and transferee are wholly state-owned or wholly-owned enterprises, after performing the decision-making procedures in accordance with the the People's Republic of China Company Law and the articles of association of the enterprise, the transfer price may be determined on the basis of the net asset value confirmed in the asset appraisal report or the latest audit report. Document No. 39 breaks through the original pricing restrictions from two levels: First, it breaks through the shackles of the same state-funded enterprise. As long as the transferor and the transferee are both wholly state-owned or wholly-owned enterprises, even if they belong to different state-funded enterprises, The transfer price of a non-public agreement can be determined based on the net asset value confirmed in the latest audit report in accordance with Order No. 32, reduce the cost of cross-group, cross-provincial, cross-level state-owned property rights transaction activities. Second, compared with Article 32 of Decree No. 32, No. 39 only retains that "the transfer price can be determined on the basis of the net asset value confirmed in the asset appraisal report or the latest audit report", which means that the transfer of property rights between pure state-owned enterprises will no longer be subject to compulsory pricing. In this regard, the new rules are a major breakthrough in the way non-public agreement transfer pricing. The State-owned Assets Supervision and Administration Commission of the State Council directly faces the reality of changes in the price of property rights, giving enterprises greater decision-making initiative. A New Breakthrough in the Mode of 2. Property Rights Transfer -- Simplifying Administration and Decentralizing Power 1, the transfer of state-owned control is prohibited in major areas ---. Article 7 of Decree No. 32 stipulates that the state-owned regulatory agency shall be responsible for examining the transfer of property rights of state-funded enterprises. Among them, if the state no longer owns the controlling interest in the invested enterprise due to the transfer of property rights, it must be reported by the state-owned regulatory agency to the people's government at the same level for approval. It can be seen that Decree No. 32 does not explicitly limit the transfer of property rights of such enterprises leading to the transfer of real control of state-owned assets, but only sets restrictions on the approval procedures, stipulating that such cases should be reported to the people's government at the same level for approval by the state-owned regulatory agency. Document No. 39 has clear prohibitive requirements for the transfer of control rights of enterprises in important industries and key fields. The first half of Article 2 of Document No. 39 stipulates that the main business is in important industries and key fields that are related to national security and the lifeline of the national economy. Sub-enterprises that mainly undertake major special tasks shall not lose their state-owned capital holding status due to the transfer of property rights and capital increase of enterprises. Article 9 of document No. 39 stipulates that if the transfer of property rights and the capital increase of the enterprise cause the state-funded enterprise and its subsidiaries to lose the actual control right of the target enterprise, the target enterprise shall not continue to use the intangible assets such as the name, business qualification and franchise right of the state-funded enterprise and its subsidiaries after the transaction is completed, and shall not continue to carry out business activities in the name of the subsidiary enterprise of the state-funded enterprise. The above-mentioned requirements shall be clarified as trading conditions in the information disclosure, and corresponding agreements shall be made in the transaction contract for industrial and commercial changes, name changes and other arrangements. Decree No. 32 did not clarify whether intangible assets such as the original enterprise name, qualification and franchise can continue to be used when the transfer of enterprise property rights and the capital increase of the enterprise cause the state-funded enterprise and its subsidiaries to lose the actual control of the target enterprise. Decree No. 39 made it clear that the enterprise shall not continue to carry out business activities in the name of the state-funded enterprise subsidiaries under such circumstances. Information disclosure shall be used as transaction conditions and corresponding arrangements for industrial and industrial and industrial and commercial changes. 2. Approval authority sinking ----- release According to Decree No. 32, the transfer of property rights in important industries and key areas must be submitted by state-funded enterprises to the state-owned regulatory authorities at the same level for approval, but there is no distinction between internal and external transfers. Article 8 of Decree No. 32 stipulates that a state-funded enterprise shall formulate a management system for the transfer of property rights of its subsidiaries and determine the administrative authority for examination and approval. Among them, the transfer of property rights of sub-enterprises whose main business is in important industries and key areas related to national security and the lifeline of the national economy, and which mainly undertake major special tasks, shall be submitted by state-funded enterprises to the state-owned assets regulatory authorities at the same level for approval. No. 39 provides that the internal reorganization and integration of state-funded enterprises in important industries and key areas may be approved by state-funded enterprises. The second half of No. 39 stipulates that when such enterprises are involved in the internal reorganization and integration of state-funded enterprises, the following circumstances may be examined and approved by the state-funded enterprises: The property rights of the (I) enterprise are transferred between the state-funded enterprise and its holding subsidiary. (II) state-funded enterprises directly or designate their holding subsidiaries to participate in the capital increase. The original shareholders of the (III) enterprise increase their capital in the same proportion. Other cases shall be reported by the state-funded enterprise to the state-owned assets supervision and administration institution at the same level for approval. In accordance with the first half of Article 2 of Article 39, it is clear that the transfer of enterprise assets shall not lead to the loss of control of state-owned capital in the circumstances stipulated in Article 8, paragraph 1, of Decree 32. On this basis, the second half of Article 2 of No. 39 devolves the approval authority for some transactions to state-funded enterprises, because none of these three transactions and capital increases will cause state-owned capital to lose its controlling position. This also reflects from the side that the government attaches great importance to the transaction and circulation of state-owned assets of enterprises. After preventing the risk of state-owned capital losing its controlling rights, it clearly lists the transactions and capital increase behaviors that are widespread in practice and will not lose the controlling status of state-owned capital, and further The decentralization of approval authority reflects the government's concept and determination of "streamlining administration and delegating power. In short, the changes brought about by the above provisions of Article 39 can be understood at four levels: 1. Strictly abide by the bottom line of Decree No. 32: the transfer or capital increase of the state's controlling interest in state-funded enterprises (as defined by Decree No. 32, that is, wholly state-owned or state-controlled enterprises entrusted by the government to perform the duties of investors by the state-owned assets supervision and management institution) must be submitted by the state-owned assets supervision The agency reports to the people's government at the same level for approval. 2, the "red line": the state-funded enterprises shall not be transferred or increased, lose the main business in the lifeblood of the industry and key areas of the subsidiary enterprises, No. 39 clear and unmistakable clear position and point of view to deal with the issue, clear "red line". 3. Reasonable decentralization: a breakthrough in Article 8 of Decree No. 32, reasonable decentralization, by the state-funded enterprises to approve the main business in the lifeblood of the industry and key areas of the transfer of property rights within the enterprise group or capital increase, that is, the approval authority does not need to be raised by one level. 4. Other situations: If a state-funded enterprise loses its controlling rights to other sub-enterprises and does not involve the transfer or capital increase of the controlling rights of sub-enterprises whose main business is in the lifeline industry and key areas, it is not prohibited across the board. For those who meet the conditions and policy guidance, can play the role of capital leverage and help maintain and increase the value of state-owned capital, they can still be reported to the state-owned assets regulatory agency at the same level for approval. New Breakthrough in Free Transfer of State-owned Property Rights in 3. Article 5 of document No. 39 stipulates: "the internal reorganization and integration of state-owned holding and actual control enterprises, with the approval of state-funded enterprises, between the state-owned holding or actual control enterprise and its direct or indirect wholly-owned subsidiary enterprises, or between its direct and indirect wholly-owned subsidiary enterprises, the property rights of the enterprise can be transferred according to the relevant provisions of the free transfer management of state-owned property rights." This article is intended to provide a new way for the internal reorganization and integration of state-owned holding and actual control enterprises-free transfer. Compared to Order 32, it only provides a way to transfer a non-public agreement in this case. Because the free transfer of property rights of state-owned enterprises is a special form of the transfer of state-owned assets, which is different from the normal transaction behavior based on the payment of reasonable consideration, the free transfer does not fall within the scope of state-owned asset transactions regulated by the "Measures for the Supervision and Administration of State-owned Assets Transactions of Enterprises" (Order No. 32 of the State-owned Assets Supervision and Administration Commission of the State Council and the Ministry of Finance), and does not apply to Order No. 32. In 2005, the State-owned Assets Supervision and Administration Commission issued the "Interim Measures for the Administration of the Free Transfer of State-owned Property Rights of Enterprises" (Guo Zi Fa Property Rights [2005] No. 239). Article 2 stipulates: The free transfer of state-owned property rights of enterprises mentioned in these Measures refers to the free transfer of state-owned property rights of enterprises in government agencies, institutions, wholly state-owned enterprises, and wholly state-owned companies. No. 39 expands the scope of free transfer of enterprise property rights, and extends the scope of application of free transfer to the internal reorganization and integration of state-controlled and actually controlled enterprises under specific circumstances. 39.

2022-10-17

From generation to generation, we welcome the 20th National Congress of the Communist Party of China | The first heart casts the great cause of the millennium-All Party members organized by Zhongcheng Qingtai Jinan Institute to watch the opening meeting of the 20th National Congress of the Communist Party of China

The long journey of a strong country is a long one, and the era of striving for progress is surging through the waves. From the 18th National Congress of the Communist Party of China in 2012 to the smooth opening of the 20th National Congress of the Communist Party of China in 2022, looking back on the road to prosperity for ten years and looking at the magnificent journey for a century. On October 16, the Party Committee of Zhongcheng Qingtai (Jinan) Law Firm organized all CCP members to watch the opening meeting of the 20th National Congress of the Communist Party of China simultaneously. The mountains are high and the road is far but the scenery is infinite. The victory of the 20th National Congress of the Communist Party of China is that our party advances in the logic of historical progress and develops in the development trend of the times. Only by maintaining the spirit of not waiting for time and seizing the hour can we continue to create the great historical time of the Chinese nation in the great time history of mankind. We always keep in mind the lofty ideals and outstanding contributions of the revolutionary pioneers of the Communist Party of China, and continue to work hard for them. Comrade Xi Jinping's report pointed out: "It has been ten years since the 18th National Congress was held. Over the past decade, we have experienced three major events of great practical and far-reaching historical significance to the cause of the party and the people: first, to usher in the 100th anniversary of the founding of the Communist Party of China, second, socialism with Chinese characteristics has entered a new era, and third, to accomplish the historical task of getting rid of poverty and building a moderately prosperous society in an all-round way, so as to achieve the first centenary goal. This is a historic victory won by the Communist Party of China and the Chinese people in unity and struggle, a historic victory that shines through the history of the development of the Chinese nation, and a historic victory with far-reaching impact on the world." History has proved and will continue to prove that under the strong leadership of the Communist Party of China, adhering to the guidance of scientific theory and the guidance of the correct road, and uniting the vigorous strength of hundreds of millions of people in unity and struggle, the Chinese people can firmly grasp the destiny of China's development and progress in their own hands! Zhongcheng Qingtai (Jinan) Law Firm has insisted on the establishment of the Party for many years, and the Party building has led the development of the law firm and team building. The law firm regards strengthening the party building work of lawyers as a top priority. It is the first law firm in Shandong Province to establish a party committee. There are currently 144 CCP lawyers. The law firm will continue to organize various branches to deeply study the spirit of the 20th CPC National Congress and guide and standardize the work of lawyers in the future with the essentials of the meeting. Zhongcheng Qingtai (Jinan) Law Firm Warmly Celebrates The 20th National Congress of the Communist Party of China Victory convened!

2022-10-16