03
2021-12
On December 2, on the occasion of the National Constitution Day, Li Haocheng, a practicing lawyer of Zhongcheng Qingtai Law Firm and an associate professor of law at Shandong University of Political Science and Law, was invited to give a training course for young cadres in Gaoqing County, Zibo City, Shandong Province, "Hold high the great banner of Xi Jinping's rule of law." Unswervingly take the new road to the rule of law "special rule of law report. Lawyer Li Haocheng elaborated from the formation and development of Xi Jinping's thought of the rule of law, the proposal of the concept of identification, the civil code and other aspects, and proposed that adhering to the leadership of the party is the choice of history and the people, and adhering to the dominant position of the people is the source of strength and important guarantee for the comprehensive rule of law, and cited a series of classic cases to analyze the causes and essence, which is thought-provoking. Participants expressed that they will thoroughly study and implement Xi Jinping's thoughts on the rule of law, firmly grasp the core essentials, and strive to transform the learning results into practices to ensure high-quality economic development, promote high-efficiency social governance, and take the road to the rule of law in the new era.
2021-12-03
03
2021-12
On December 3, 2021, lawyer Deng Pu, senior partner of Zhongcheng Qingtai (Jinan) Law Firm and deputy director of the capital market department, and lawyer Wang Ting of the company's four departments were invited to participate in the 2021 Taishan series of leading talents organized by the Shandong Provincial Department of Science and Technology Training Class, Lawyer Deng Pu gave a lecture on the theme of "The Road to the Development of Capital Market of Technological Innovative Enterprises and Concerns. Taking the North Stock Exchange as the starting point, according to the characteristics of scientific and technological innovation enterprises and the practical experience of undertaking projects, lawyer Deng Pu introduced the background of the establishment of the North Stock Exchange, the comparison between the North Stock Exchange and the Science and Technology Innovation Board and the Growth Enterprise Market, the IPO issuance conditions of different sectors, the listing procedures and the main issues concerned by the IPO of enterprises. The lecture was highly praised by the trainees.
2021-12-03
03
2021-12
Zhongcheng Qingtai Jinan Institute Jointly Launching "12.4 Constitution Day" Theme Activities
In order to study and publicize Xi Jinping's thoughts on the rule of law, do a good job in the publicity and education of the rule of law on the "National Constitution Day", and carry forward the spirit of the constitution, on December 3, 2021, the party branch of the legal affairs department of Hengfeng Bank and Zhongcheng Qingtai (Jinan) Law firm launched the theme activity of "Constitution propaganda into the community, agile service and practical work" National Constitution Day, hu Youbin, Ma Xugan and Zhuang Qi, lawyers of Zhongcheng Qingtai Jinan Institute, were invited to give lectures on law popularization to residents of Quanyun Village Community in Lixia District of Jinan City. Lawyer Hu Youbin focused on the key provisions of the Civil Code, gave a lecture on the rule of law on "Analysis of Hot Issues in the the People's Republic of China Civil Code", and combined with relevant cases to bring community residents a law course that is simple and close to life, which has a good publicity effect on the rule of law. Lawyers Ma xuqian and Zhuang Qi provided legal consultation services for community residents on the spot, listened carefully to the life problems of community residents, and put forward targeted and operable solutions. Their patient and meticulous services were widely praised by community residents. This activity strengthened the community residents' awareness of the rule of law, carried forward the spirit of the constitution, improved the residents' initiative and consciousness of learning, using and abiding by the law, and helped the concept of governing the country according to law to be more deeply rooted in the hearts of the people.
2021-12-03
02
2021-12
In order to thoroughly study and implement Xi Jinping's thinking on the rule of law and the spirit of General Secretary Xi Jinping's "1 July" important speech, we should closely integrate the study and education of party history and the implementation of the "eighth five-year Plan" law popularization. On the morning of December 2, 2021, Jinan Municipal Bureau of natural resources and planning organized a volunteer service activity of "12.4 national constitution day, doing practical science popularization and walking with you. Zhongcheng Qingtai (Jinan) law firm real estate two Liu Xiaoyi lawyer was invited to explain the constitution, civil code related legal knowledge. Lawyer Liu Xiaoyi focused on the Civil Code from the aspects of divorce cooling-off period, establishment of residence rights, self-willing risks, and joint debts of husband and wife, and solved the legal matters encountered in the life of community residents through case sharing, and achieved good teaching results. After the event, lawyer Liu Xiaoyi interacted with the on-site personnel, answered the legal questions one by one, and put forward targeted suggestions based on judicial practice experience, which were well received by community workers and community residents.
2021-12-02
02
2021-12
On December 1, Zhao Kaiyong, senior partner of Zhongcheng Qingtai (Jinan) law firm, vice chairman of the partner meeting and director of the second Department of urban construction and real estate, was invited to carry out legal knowledge training on the interpretation of the highlights and case analysis of the newly revised "administrative punishment law" for more than 60 staff in the law enforcement departments, case trial group, Luoyuan squadron, etc. This training mainly from the new "Administrative Punishment Law" revision highlights and case analysis of two aspects, starting with twelve highlights, from a shallow to a deep interpretation of the "Administrative Punishment Law" revision evolution, fair and civilized law enforcement, substantive determination of administrative punishment, addition of administrative punishment types, expansion of administrative punishment setting authority, comprehensive law enforcement and administrative punishment power down, "three systems", New changes in the "Administrative Punishment Law", such as hearing procedures, electronic technical means, punishment prescription system, execution connection system, administrative punishment invalid system, emergency emergencies, etc, and combined with the practice experience to share their personal understanding of the "Administrative Punishment Law" with the students present, it is easy for the students to understand the new content of the "Administrative Punishment Law" from abstract to concrete. After the training, lawyer Zhao Kaiyong received legal advice from the trainees, carefully answered the difficulties encountered in the process of front-line law enforcement, and won the unanimous praise of the trainees.
2021-12-02
02
2021-12
On December 1, at the invitation of Weifang Municipal Finance Bureau, lawyer Shi Guangbo, deputy director, senior partner, head of PPP business and legal expert of PPP expert library of the Ministry of Finance, attended the 2021 Weifang Municipal Government and Social Capital Cooperation (PPP) business training course. In the morning, lawyer Shi Guangbo took "understanding and handling of issues related to PPP projects" as the theme, combined with real PPP project examples and dispute cases, and explained the hot and difficult issues in PPP project implementation, such as the impact of the legal nature of PPP project contracts on the project, the practice of project contract performance, the early termination of project contracts, the restriction on equity change of project companies, project financing, project over-planned investment, insufficient user payment, etc. In the afternoon, lawyer Shi Guangbo and relevant staff of the PPP Center of Weifang Finance Bureau jointly answered and consulted on the PPP policy, project operation and related legal issues raised by the trainees. Over the years, Zhongcheng Qingtai Law Firm has attached great importance to the professional development of PPP business, provided high-quality and efficient legal services for a number of PPP projects, and has been highly recognized and evaluated by many parties. The services of Zhongcheng Qingtai PPP project include: special consultation in the early stage of PPP project, project review and special legal argumentation, project normative review, legality review of project contract, special legal service for project financing, legal consultation for supervision and performance evaluation in the late stage of project, SPV legal consultant, special consultant for project renegotiation, special consultant for early termination of project, legal service for dispute and dispute resolution of PPP project, etc.
2021-12-02
02
2021-12
Dynamic, Zhongcheng Qingtai lawyer to help Hengfeng Bank Hengxin system put into production online.
On November 29, Hengfeng Bank Co., Ltd. took 2 years to build a new generation of enterprise-level full-function system-Hengxin system put into operation. This is the country's first joint-stock commercial bank core system to achieve a one-time overall upgrade of business and system, and it is also Shandong's first online component-based, digital, and intelligent full-function banking system. Compared with the original system, the perseverance system has achieved various capacity improvements, with the new core processing capacity increasing by 6.38 times, the card business transaction processing capacity increasing by 23.8 times per second, and the online payment business transaction processing capacity increasing by 17.7 times per second. After accepting the entrustment of hengfeng bank, zhongcheng qingtai (jinan) law firm has set up a service team with director geng guoyu as the chief director and department directors hu youbin, mou xun, practicing lawyers ma xuqian, wang mei and mao xiang as the core members, providing on-site project negotiation, professional legal advice, daily consultation and other full-process legal services for the commissioning of the persistent system, assist the relevant business departments of Hengfeng Bank to ensure the timely production of Hengxin system, and obtain the praise and recognition of customers.
2021-12-02
01
2021-12
The so-called resignation certificate is called the certificate of termination or termination of the labor contract in the labor law. In practice, disputes caused by the employer's failure to issue a resignation certificate and the content that should be stated in the resignation certificate are common. It is the legal obligation of the employer to issue the resignation certificate of the 1.. The first paragraph of Article 50 of the "Labor Contract Law" stipulates: "The employer shall issue a certificate of termination or termination of the labor contract when the labor contract is terminated or terminated, and handle the transfer of files and social insurance relations for the laborer within 15 days. formalities." Article 24 of the "Regulations on the Implementation of the Labor Contract Law" stipulates: "The certificate of termination or termination of the labor contract issued by the employer shall specify the term of the labor contract, the date of termination or termination of the labor contract, the job position, and the number of years of work in the unit." The "shall be stated" in this article can be understood as "must be stated", which is a necessary clause of the resignation certificate, but is it not allowed to record other contents? There are different understandings in practice. The author thinks that the content of the certificate issued by the employer to terminate or terminate the contract should be judged from the nature of the subject of the employer's act. Both employers and workers are equal civil subjects in civil acts. According to the general principle of civil acts of "freedom without prohibition by law", although the "Regulations on the Implementation of the Labor Contract Law" stipulates that employers issue the termination or termination of labor contracts. The content of the certificate, but there is no prohibition on the relevant matters issued by the employer to terminate or terminate the labor contract. Therefore, it does not violate the provisions of laws and regulations for the employer to specify the reasons for the termination of the contract in the certificate of termination or termination of the labor contract. The first paragraph of Article 50 of the "Social Insurance Law" stipulates: "The employer shall promptly issue a certificate of termination or termination of the labor relationship for the unemployed, and notify the list of the unemployed within 15 days from the date of termination or termination of the labor relationship. Social insurance agency." In practice, many employers do not issue resignation certificates because the workers still have outstanding matters and have not yet been handed over clearly. Can the employer defend against this? According to the above provisions, it is the legal obligation of the employer to issue a resignation certificate, and whether the worker is clearly handed over is not a prerequisite for the employer to issue a resignation certificate. Therefore, the employer cannot refuse to issue a resignation certificate on the grounds that the worker has outstanding matters. 2. the legal liability of the employer for not issuing the resignation certificate There are two legislative purposes for the employer to issue a resignation certificate: one is the requirement for the reemployment of workers, and the other is the need for workers to register for unemployment. Article 89 of the "Labor Contract Law" stipulates: "If the employer violates the provisions of this law and fails to issue a written certificate to the laborer to terminate or terminate the labor contract, the labor administrative department shall order it to make corrections; if damage is caused to the laborer, it shall be liable for compensation." If the employer does not issue a resignation certificate to the laborer in accordance with the regulations, it may prevent the laborer from re-employment, and may also cause the loss of the laborer's unemployment insurance benefits. If the employer causes damage to the laborer, it shall be liable for compensation in accordance with the law. In practice, there are two main types of compensation disputes caused by the employer's failure to issue a resignation certificate: one is to compensate the worker for the loss of wages caused by the lack of a resignation certificate, and the other is to compensate the worker for the loss of unemployment insurance benefits. Loss of wages due to (I) non-employment Article 91 of the "Labor Contract Law" stipulates: "If an employer recruits a worker whose labor contract with other employers has not yet been terminated or terminated, and causes losses to other employers, it shall bear joint and several liability for compensation." In practice, most employers require new employees to provide proof of separation based on risk control requirements. If the employer does not issue a separation certificate to the worker, it may affect the employment of the worker and there is a risk of liability. Loss of (II) unemployment insurance benefits The second and third paragraphs of Article 50 of the Social Insurance Law stipulate: "An unemployed person shall go through unemployment registration at a designated public employment service agency in a timely manner with a certificate of termination or dissolution of labor relations issued by his or her unit. The unemployed person shall go through the formalities of receiving unemployment insurance benefits at a social insurance agency with his or her unemployment registration certificate and personal identity certificate. The period for receiving unemployment insurance benefits shall be calculated from the date of unemployment registration." Article 19 of the Ministry of Human Resources and Social Security's "Several Provisions on the Implementation of the the People's Republic of China Social Insurance Law" (Order No. 13 of the Ministry of Human Resources and Social Security) stipulates: "If the employer refuses to issue a termination or termination certificate to the employee when terminating or terminating the labor contract, resulting in the employee being unable to enjoy social insurance benefits, the employer shall be liable for compensation according to law." The certificate of termination or dissolution of the labor relationship issued by the employer is a necessary condition for the worker to register for unemployment. Without a resignation certificate, workers may not be able to enjoy unemployment insurance benefits, and the employer shall bear the corresponding liability for compensation.
2021-12-01
01
2021-12
Viewpoint | Criminal procedure trial remote video testimony system
The standardized operation of remote video testimony cannot be separated from the guarantee of three technical elements: personnel, material and technology. Although the economic development gap between the eastern and western regions of China is large, resulting in the uneven development level of network technology and the inconsistent construction progress of Internet courts, under the condition that the existing software and hardware equipment can effectively support remote video testimony, the space for the combination of remote video testimony and network information technology should be further improved, this paper will describe how to make remote video testimony more standardized and systematic from three aspects: perfecting the intelligent application mechanism of remote video testimony, establishing a fixed and mobile remote video testimony mode, and perfecting the standard mechanism of audio and video data storage, so that criminal proceedings participants and the public will gradually accept the remote video testimony method, and realize the leap from quantitative change to qualitative change in the crucial stage of "comprehensive coverage and gradual improvement" of remote video testimony. (I) and Improve the Intelligent Application Mechanism of Remote Video Testimony First of all, the electronic record of testimony is the basis and premise of intelligent testimony. The establishment and improvement of the synchronous generation mechanism of witness testimony along with the case file is inseparable from the "thousand-lamp mode" of paperless testimony in the whole process. Only by implementing the pre-identification of testimony (confirming whether the information of the parties in the trial is qualified and accurate through third-party organizations, I .e. software suppliers, public security identification systems and other means), and quickly labeling cataloguing (implementing the "fast labeling instructions" fast ", only by realizing continuous labeling, staggered labeling, editing labeling, etc.), synchronous circulation of testimony records (synchronous generation and circulation of verbal evidence such as witness testimony and victim statement), one-click accurate return to justice, and full tracking, can the automation and intelligence of witness testimony, litigation service and judicial management be realized as soon as possible. Secondly, we should promote an all-round intelligent auxiliary case handling mechanism, promote the remote litigation diversion mode, cater to the principle of "fine handling of suspected cases (online and offline joint handling) and quick handling of simple cases (online and integrated process)" criminal litigation economy and proportionality, avoid the dilemma of "excessive procedures" for simple cases and "insufficient procedures" for complex cases, and thus realize a multi-value system of accurate diversion of different procedures. At the same time, we should actively develop a multi-functional testimony platform, improve voice recognition, risk warning, portrait generation, automatic inspection and other auxiliary functions to improve the quality of criminal trial. Finally, strengthen the supervision and management of intelligent testimony. Actively explore the "dual-seat" testimony mechanism (PC PC, MB, PC MB), keep the emergency contact number unblocked during the testimony process, do not replace the testimony, do not accept any form of assistance from any organization, and do not use virtual (virtual) background to prevent human operation of witnesses to give testimony. Standardize and improve the supervision system for testimony, and gradually establish a unified platform with real-time evidence storage, asynchronous cross-examination and efficient testimony (hereinafter referred to as the three certificates) to ensure that the testimony process leaves traces and data is safe and reliable. (II) the establishment of fixed, mobile remote video testimony mode Explore the establishment of a "point-to-face" remote video testimony model. As mentioned above, on the basis of establishing diversified remote video testimony sites, in order to prevent the content obtained through the "three certificates" from being deleted, embezzled and intercepted, it is not suitable to use the external network for online testimony for a long time. Therefore, in judicial practice, the matter establishes a fixed "point" (court) to "face" (notary office, procuratorate, law firm, residence, fair unit, etc.) remote video testimony mode through encrypted network channels and separate operation of internal and external networks. In short, a remote video testimony system is set up between public security organs and other organs nationwide, so that witnesses can choose the nearest place to testify, so that judicial personnel can conduct remote video questioning and cross-examination of witnesses in the same city or other places in this organ, breaking the time and space restrictions and reshaping the testimony mode. In addition, while the remote video testimony system is perfect, organs at all levels should actively try to establish remote video testimony studios to integrate data encryption, transmission speed, coverage and other aspects through virtual private network (VPN). Of course, in order to avoid the possibility of "weakening the antagonism of court hearings", testimony studios should also be hung with national emblems, set up special split-screen displays, supervisors seats, timing devices, etc. After the completion of the testimony procedure, the electronic and paper testimony transcripts and audio and video recordings of the testimony shall be transmitted or mailed to the court. Of course, before the construction of facilities in fixed places such as testimony studios is not yet perfect and mature, it is also possible to vigorously promote litigation platforms such as "mobile micro-courts" or to jointly develop APP with special functions such as audio-visual recording, face recognition, remote video testimony, etc. (III) Improve the Standard Mechanism of Audio and Video Data Storage As electronic evidence, the acquisition, preservation and transmission of audio-visual materials for remote video testimony in criminal cases should set up relatively strict standard procedures, such as special examination of the electronic signature on the testimony transcript and prevention of personal information disclosure during transmission. At the same time, the electronic evidence generated after the completion of the witness's testimony should be numbered in the court system terminal in time, indicating the case attribute, production time, place and other relevant information. In the same criminal case heard by the court, all the evidence formed by multiple inquiries of a single or multiple witnesses should be clearly distinguished and classified, uniformly stored in the original folder, and sub-folders should be established as needed to facilitate later inquiries. In the process of importing (sending out) audio and video materials, check whether the contents of the files are consistent with the original data contents such as file materials, and pay attention to the types of video and audio formats (AVI, DAT, RMVP, MP4, AIFF, MPEG, etc.) formed by remote video testimony, because different formats correspond to different volumes, image quality, compression rates, standards, etc, this will affect the transmission speed, storage space and player selection of audio-visual materials. In order to avoid the transmission of video and audio electronic evidence between different organs, such as slow transmission and inability to play, a unified video and audio format and special player should be adopted between the court and the remote video testimony place. In addition, due to the vulnerability of the audio-visual data storage carrier itself and the high requirements for the storage environment, the "preservation" should not only stay at the technical level, but also pay attention to the management level. The relevant departments of the court should formulate the early warning and priority preservation mechanism of the storage scheme, create a good carrier storage environment, and avoid the irretrievable data caused by carrier corrosion. At the same time, the carrier maintenance is divided into "key" maintenance and "routine" maintenance. When the maintenance period expires, the relevant data will be removed from the "maintenance" range, the storage carrier indicators will be regularly detected, the risk limit value will be set, and the storage information will be migrated, copied and simulated (OAIS reference model) if necessary.
2021-12-01
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
