Viewpoint | Discussion on the governance structure of for-profit private schools

Introduction Article 1 of the notice on the administration of name registration of for-profit private schools (hereinafter referred to as the notice) (No. 2017 156) stipulates that private schools shall be registered as limited liability companies or joint stock limited companies in accordance with the relevant provisions of the the People's Republic of China company law and the the People's Republic of China law on the promotion of private education, Its name shall comply with the provisions of relevant laws and regulations on company registration management and education. Accordingly, for-profit private schools have the formal characteristics of the company. The purpose of this paper is to explore the governance structure of for-profit private schools, so as to clarify the similarities and differences between the governance structure of for-profit private schools and general companies. Text The nature of 1. for-profit private schools is for-profit legal persons. According to the provisions of Article 1 of the notice, for-profit private schools may be registered as limited liability companies or joint stock limited companies. Combined with the classification of legal persons in Chapter III of the Civil Code, the nature of for-profit private schools should be for-profit legal persons. 2. for-profit private schools are similar to the general corporate governance structure. The Governance Structure of (I) for-profit Private Schools Article 20 of the Law on the Promotion of Private Schools stipulates that private schools shall set up school councils, boards of directors or other forms of decision-making bodies and establish corresponding supervision mechanisms ...... Article 21 of the Law on the Promotion of Private Education stipulates that school councils or boards of directors shall be composed of organizers or their representatives, principals, faculty representatives and other personnel ...... Article 22 of the Law on the Promotion of Private Education stipulates that, the school council or board of directors shall exercise the following functions and powers: (1) dismiss or dismiss the principal ...... Article 23 of the Law on the Promotion of Private Education stipulates that the legal representative of a private school shall be the director, chairman or principal. The twenty-fifth of the Law on the Promotion of Private Education stipulates that the principal of a private school is responsible for the education, teaching and administration of the school and exercises the following functions and powers: (1) to implement the decisions of the school council, board of directors or other decision-making bodies ...... Accordingly, the governance structure of for-profit private schools consists of the council (board of directors), the principal and the supervisory body. The council (board of directors) is the decision-making body of the school, which makes decisions on the education, teaching and administrative matters of the school. The principal is the executive body of the school, responsible for the daily work of the school and the implementation of the decisions of the decision-making body; however, its supervisory body is not composed of school employees, but It is composed of other administrative departments such as the Education Bureau. (II) the general corporate governance structure Article 37 of the Company Law stipulates that the board of shareholders shall exercise the following functions and powers: (1) to decide the company's business policy and investment plan... Article 46 of the Company Law stipulates that the board of directors shall be responsible to the shareholders and exercise the following functions and powers: (1) to convene the board of shareholders and report its work to the board of shareholders... Article 53 of the Company Law stipulates that, the board of supervisors and companies without a board of supervisors exercise the following powers: (1) Check the company's finances... The company's governance structure is reflected in the division of labor and coordination between the shareholders (large) meeting, the board of directors and the board of supervisors. The shareholders' (general) meeting is the authority of the company, which determines the company's business strategy and major policies. The board of directors is the executive body of the company, responsible to the shareholders of the company, responsible for formulating and implementing specific business plans, and responsible for the daily management and operation of the company. The board of supervisors is the supervisory body of the company, which is responsible for supervising the business behavior of the company and its directors, supervisors and senior managers. This division of labor within the company is also the optimal configuration of the modern corporate governance structure, and the "three meetings" cooperate with each other to achieve the company's profit-making goals. Comparative Analysis of (III) for-profit Private Schools and General Corporate Governance Structure As shown in the figure, the company is adjusted by the Company Law, and its governance structure is reflected in the division of labor and coordination among the shareholders' (general) meeting, the board of directors and the board of supervisors. Compared with the general corporate governance structure, as a special company, the provisions of the corporate governance structure of for-profit private schools are found in the Law on the Promotion of Private Education, which is composed of the board of directors (or council), the principal, the education administration department and relevant departments. The two are similar in terms of decision-making and implementation agencies. However, in terms of supervision institutions, the Company Law is a typical civil and commercial law, which pays more attention to the autonomy of market subjects, and sets up a board of supervisors or an independent supervisor system for the internal supervision of the company; the Law on the Promotion of Private Education not only requires for-profit private schools to carry out market autonomy, because the field of education is related to the national talent reserve and citizens' right to education, so that there must be appropriate intervention by the state, therefore, the setting of the supervision body also reflects the characteristics of state intervention, which is externally supervised by the education administrative department and relevant departments. This kind of supervision is not only post-event supervision, but also embodied in all-round supervision and guidance before, during and after the event. Conclusion The governance structure of for-profit private schools has the characteristics of "company-like", but it is not exactly the same as the corporate governance structure. The specific performance is that due to the particularity of for-profit private schools, their supervision institutions reflect the characteristics of state intervention, and the education administrative departments and relevant departments carry out external supervision.

2021-11-24

Point of View... The signing and performance of the company contract.

Two basic principles that must be clear when signing a 1. contract (1) If the contract is not settled immediately, the parties must agree in writing. Because when such disputes arise, it is more conducive to both parties to clarify their responsibilities. The two basic purposes of the written agreement are: first, the two parties have determined their respective rights and obligations. However, some work units, in the economic exchanges for convenience or based on the trust of customers, and only by the other party's telegram, call, delivery notice, etc. to complete the delivery, if one party appears dishonest, it will be entangled, resulting in a contract dispute. At this time, because there is no way to prove or insufficient evidence, it is often impossible for one to file a case or to obtain the support of the people's court. (2) All provisions of the contract should be specific and detailed. The examination of the qualification of the subject of the contract signed by the 2.. According to different signatories, the following materials should be reviewed: (1) Signing by the legal representative of the other party in person 1. Whether the other party has a business license, and whether it is true, as well as the business scope and business period specified in the business license; 2. There is a difference between whether the legal representative recorded on the business license and the signatory on the contract; 3, the contractor's identity card and other relevant identity materials review; 4, the other party's business premises and whether normal operation, etc. (2) Signing by a specific salesman of the other party 1. Identification materials of the salesman; 2, the relationship between the salesman and the entrusting unit; 3. Can there be legal and efficient entrustment procedures between the salesman and the entrusting unit; 4. Whether the salesman has obtained the authorization of the entrusting unit, especially the authority of the entrusted agent and the time limit of the entrusted agent. Special precautions against unauthorized agents and ultra vires agents; 5. Whether the entrusted enterprise unit has a business license and whether it still exists at the time of signing the contract. In short, both parties must make specific and careful verification of the situation of the other party before signing. The method adopted can be through telephone consultation, letter, letter, door-to-door inspection, or to relevant government agencies to inquire about the situation. On the basis of some research, we can understand the actual situation of the other party more specifically, which is also the first step for both parties to sign a contract. Review of main contents of 3. contract Generally speaking, the specific content of the contract is jointly agreed by both parties, which mainly includes the following clauses: 1. The names and addresses of both parties; 2. The content of the target; 3. Total amount; 4. Quality; 5. Price or remuneration (payment time limit, payment method);6. Performance time limit, address and method; 7. Liability for breach of contract (economic loss compensation, liquidated damages accounting);8. Dispute resolution methods (people's courts, arbitration commissions). Under a more common service contract, each of the above-mentioned main provisions is described. (1) Review whether the name of the contract is consistent with the specific content of the contract. (2) The names and addresses of the parties in the contract. In addition to the strict examination procedures mentioned above for the subject qualification of the parties to the contract, it is critical that the name of the other party to the contract be carefully examined at the time of signing the contract whether it matches the official seal it has signed. (3) Do a good job in the review of the contract subject. From the service contract, to determine the scope of the service. For ambiguous commodity names, special explanations can be made to avoid unnecessary disputes. (4) Make the necessary approval of the total amount, price, amount, etc. of the subject matter. For service contracts, the service items and methods to be collected shall be determined. (5) The regulations and standards of product quality, as well as the requirements and time limit of the supplier for product quality management, must be clear and specific. In terms of service contracts, the specific provisions for the business they provide are clarified. (6) For the acceptance of the subject matter, the specific acceptance procedures should be strictly standardized. If the other party is requested to sign for it in time after receiving the subject matter, if there is any objection, we must inform us within the specified time limit, otherwise we shall be deemed to have completed the performance of the contract. (7) The method and time limit of payment. What kind of payment method is of vital importance to the realization of our creditor's rights, and a performance method with a relatively small risk factor should be selected according to the performance ability of the other party. When the buyer pays by bank check, it is inspected in accordance with the prescribed procedures to prevent the buyer from taking the subject matter with a false check. In order to avoid the opponent's false cheque, you can go directly to the drawer's bank to hold the cheque and record it, and you can verify that the cheque has been cashed. (8) The deposit clause can be clearly defined in the contract, which can effectively safeguard our interests. In addition, the terms of liability for breach of contract should be clearly defined in accordance with the principle of our advantage. The problems that should be paid attention to in the performance of the 4. contract. (1) The presence of a contract does not necessarily mean that the contract has been performed. At the end of the work, the other party should sign for the receipt. The receipt should be sealed as much as possible. If there is no seal, the authorized person should sign it. (2) If we have an obligation to pay and the other payee is inconsistent with the parties to the contract, the parties to the contract shall be asked to provide a description of the payment instructions. (3) If the other party asks a third party to pay us, the payer shall issue a payment voucher. (4) Pay attention to the retention of evidence in the performance of the contract. In the transaction, the transaction documents are not properly preserved. In the event of a dispute, due to incomplete documents, some of the transaction details have no evidence, and even some of the original documents are lost, leaving only a copy. Because the copy is easy to forge, the handwriting cannot be identified and cannot be independently used as evidence, it is difficult for the court to accept the copy when the other party does not admit it. (5) Close coordination between the business and finance departments to effectively collect accounts payable to avoid arrears exceeding the statute of limitations. (6) In case of disputes, attention should be paid to collecting and submitting the following evidence to prove the signing, performance and modification of the contract: 1, written contract or oral contract content, witness testimony; 2. evidence of the delivery of the subject matter or the provision of documents relating to the subject matter; 3. Evidence of delivery of relevant documents and information; 4, the receipt of the subject matter of evidence; 5, the subject matter quantity, quality objection notice of evidence; 6. Evidence of sample sealing and sample quality; 7. Evidence of a third party's claim to the subject matter; 8. Evidence of contract modification and termination; 9. Evidence of breach of contract; 10. The amount of compensation for breach of contract or loss and other evidence. The 5. combines the case to explain the matters needing attention in the process of signing and performing the contract. Case 1: Case concerning unauthorised representation The owner of the house, Party A, entrusts his mother to sell the house to Party B through an intermediary. After Party B pays part of the purchase price, Party A (the owner's mother) will hand over the house to Party B. Later, due to the rise in house prices, Party A believed that the sale of the house was at a loss and asked Party B to increase the house price, which Party B refused. Party A filed a lawsuit with the court, arguing that his mother had no right to sell the house, because the power of attorney only listed the management of the house and other matters, and did not explicitly authorize the sale of the house. In the course of the court hearing, it was found that in order to fulfill the house purchase contract between the two parties, Party A had changed the purchase receipt into an invoice at the developer's office and handed it to Party B for tax deduction. The court, based on other facts of the case, determined that although the authorization of the power of attorney was unclear, Party A had acted afterwards to ratify the fact that the house purchase contract between the two parties was valid. Tip: If you strictly review the principal's agency authority and matters when signing the contract, you can avoid leaving legal loopholes for the other party. Case 2: Credit investigation on signing a contract The plaintiff is an equipment leasing company, the defendant is the lessee, the plaintiff leases the equipment to the defendant for use, the defendant stores the goods in a third party, the third party and the defendant has a certain relevance, the plaintiff has always thought that the third party is the defendant's subordinate enterprises, the reason why the lease to the defendant is because the third party has the ability to perform. During the performance of the contract, the plaintiff found that the defendant was unable to perform the contract. After investigation, the third party and the defendant had a certain degree of relevance, but they were completely two independent subjects in law. There was no basis for requiring the third party to bear the responsibility in accordance with the law. Tip: In this case, if the lessor conducts an appropriate credit investigation at the time of signing the contract, this situation can be avoided. Case 3: Review of illegality in relation to the signing of a contract A cultural company (Party A) signed an agreement with another company (Party B) to sign an agreement on a certain service. In the signed contract, both parties agreed that Party A would deliver the corresponding service payment to the account designated by Party B, and then Party B would designate the payment to a certain person's account. Later, due to disputes over various services, Party B sued the court and required Party A to pay the corresponding service fee. Party A replied that Party B provided a personal account, in violation of the law, so failed to pay, failed to pay the reason in Party B. After trial by the court, the court found that the agreement violated the mandatory provisions of the Company Law and the Commercial Bank Law and was invalid. Tip: A basic part of reviewing a contract is a legality review. Case 4: Contract seal, inconsistent at the time of contract signing and performance A construction company (A) to the steel company (B) to buy steel, the buyer and seller signed a steel purchase and sale agreement, after the agreement is signed, the steel company will be transported to the construction company's site, the construction company received steel, stamped on the delivery note, but the chapter is not filed. After a dispute over the steel payment, Party B sued Party A to the court for payment of the steel payment. Party A replied that it did not receive Party B's steel, and the signature on Party B's delivery note was not Party A's. At the time of the lawsuit, all site personnel had been evacuated because the project had been completed. After careful investigation, the court confirmed that Party A received the steel from Party B and finally ruled in favor of Party B. Hint: The seal is inconsistent and occurs from time to time in the performance of the contract. This problem is worth noting. Case 5: Problems arising from fax, etc. in the performance of the contract Party A is a garment company and Party B is a fashion company. Party A is entrusted by Party B to contract labor and produce a batch of garments. The order form is sent by Party B to Party A by fax, but the fax number does not belong to the telephone number of Party B's company. After Party A completes the processing according to Party B's standards, Party B refuses to accept. For this dispute, Party A sued the court and asked Party B to pay the processing fee. Party B replied that Party A has never been entrusted with the processing of clothing and shall reject Party A's claim. Fortunately, before Party A's lawsuit, the recording evidence was preserved. After the first and second instance of the case, Party B was finally decided to lose the lawsuit. Note: The fax involved in this case should be paid attention to when performing the contract. The above cases are all frequent situations that occur in the process of signing and performing contracts. Company managers are reminded that in the process of signing contracts, if there are no corresponding preventive and remedial measures, it is difficult to protect rights and interests.

2021-11-24

Zhongcheng Qingtai lawyer team went to Shanghe County to prevent legal risks for local small and micro enterprises.

From November 20 to 21, 2021, lawyer Zhou Jiakui, deputy director and senior partner of Zhongcheng Qingtai Jinan Institute, led a team to Shanghe County to carry out the work of village legal adviser on duty. Accompanied by Zhang Zhiqiang, deputy director of the county judicial bureau and Gao Chuanli, member of the party committee of Zhenglu Town, and others, they visited and investigated local small and micro enterprises to resolve legal risks in their operation and management. Small and micro enterprises are an important fulcrum for rural revitalization and an important channel for farmers to increase their income. Lawyer Zhou Jiakui provided detailed legal guidance to the small and micro enterprises visited from equity structure to internal management, from contract signing to employment management, and resolved the legal risks of the enterprises in the embryonic stage. By visiting enterprises, Zhongcheng Qingtai lawyers provide free legal support for small and micro enterprises, further strengthen the connection between lawyers and enterprises, and optimize the communication mechanism between lawyers and enterprises. This practice of "sending law to enterprises" has been highly appreciated by local entrepreneurs. In order to give full play to the role of village legal advisers, fulfill the social responsibility of lawyers, and welcome the coming of China's eighth Constitution Day, Zhongcheng Qingtai Jinan Institute will arrange excellent lawyers to be on duty in villages and towns in Shanghe County every weekend from November 20, and provide free legal services. Local enterprises and people from all walks of life are welcome to come to consult.

2021-11-23

Viewpoint... The dispute between the victim of a traffic accident and the jurisdiction of the court where the insurance company is located-and an analysis of the major breakthrough in the successful revision of the jurisdiction appeal case.

In a motor vehicle traffic accident liability dispute case represented by the author, the higher court revoked the result of the inadmissibility ruling made by the basic court, and instructed the court of first instance to file a lawsuit against the relatives of the deceased in the court where the insurer is located. This final result marks a breakthrough in the jurisdiction of traffic accident cases, which is generally accepted by the court of the place where the traffic accident occurred. This article interprets the law by case, although it is a common traffic accident that causes death, but it is of great significance and extraordinary in the jurisdiction of the court, in order to give readers some enlightenment. A victim files a lawsuit in the court where the insurer is located. One day last winter, when A was driving his own private car along the South Second Ring Road in Shizhong District of Jinan City, he collided with B who was riding an electric bicycle across the road, resulting in B's death. The Shizhong District Brigade of the Traffic Police Detachment of the Jinan Public Security Bureau determined in accordance with the law that both the car driver A and the deceased B were equally responsible for the accident. After investigation, C property insurance company Jinan central branch company underwrites the car's strong insurance and commercial insurance under the third party liability insurance. A and the heir of the deceased B signed a "mediation agreement", agreed that the traffic accident in the car's strong insurance and commercial insurance under the three insurance all belong to Ding enjoy and claim. In order to claim the insurance money, Ding filed a lawsuit with the District Court where the insurer is located. 2 The court in the place where the insurer is located ruled that it will not be accepted. A district court orally informed the relatives of the deceased to go to the court where the accident occurred. The relatives of the deceased did not agree for some reason and insisted on prosecuting in Area A. The A District Court then ruled inadmissible. The reasons for the decision are as follows: "After review, this court believes that this case is a motor vehicle traffic accident liability dispute, and the jurisdiction court should be determined by the place of infringement or the defendant's domicile. The place of infringement in this case is the downtown district of Jinan city, and the place of residence of the car driver, I .e. the infringer a, is also the downtown district of Jinan city. although the place of residence of the accused c property insurance company Jinan central branch is Jinan district a, it is not the actual infringer. therefore, there is no legal basis for establishing the jurisdiction court based on the place of residence of the accused c property insurance company Jinan central branch. According to Article 119 of the Civil Procedure Law: "The prosecution must meet the following conditions:... the (IV) falls within the scope of the court's acceptance of civil litigation and the jurisdiction of the court of appeal". Paragraph 4 of Article 124: "For cases that do not fall under the jurisdiction of this court, the (IV) shall inform the plaintiff to bring a suit in a court with jurisdiction". Article 211 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law: "For cases where this court has no jurisdiction, the plaintiff shall be informed to file a lawsuit with a court with jurisdiction; if the plaintiff insists on filing a lawsuit, it shall be ruled not to accept it; if it is found that this court has no jurisdiction after filing a case, the case shall be transferred to a court with jurisdiction". Accordingly, the Court rejected the case. ......, the ruling is as follows: the prosecution of Ding, this court will not accept." Three victims appeal against the law The prosecutor, Ding, refused to accept the ruling of the first instance and appealed to the Jinan Intermediate Court within the time limit for appeal. The appeal request is to revoke the ruling of the first instance and instruct the court of first instance to accept the case. The grounds of appeal are as follows: The 1.'s original ruling that the court of first instance had no jurisdiction over the case was an error of fact. Reason: 1. The logic of the original ruling to determine the jurisdiction of the court is inconsistent and illegal, and the second instance should be corrected. The court of first instance held that "this case is a dispute over liability for motor vehicle traffic accidents, and the jurisdiction court should be determined by the place of infringement or the domicile of the defendant." Obviously, the competent court can be the court of the place of infringement or the court of the defendant's domicile. The appellant has the right to choose these two types of courts according to law. The appellant now chooses the court of the defendant's domicile as the court of appeal, which is in accordance with the law. Article 21, paragraph 3, of the "Civil Procedure Law" stipulates: "If several defendants in the same lawsuit have their domicile and habitual residence in the jurisdiction of two or more people's courts, each court has jurisdiction." Article 35 of this Law provides that: "In an action in which two or more courts have jurisdiction, the plaintiff may sue in one of the courts; ......" Accordingly, the court of the place of domicile of any one of the defendants may be the court of jurisdiction. The jurisdiction conferred on the courts by the Act is not subject to any preconditions. There are two defendants in this case. The appellant chose the court (District A Court) where Jinan Central Branch of C Property Insurance Company is located as the jurisdiction court, which is in full compliance with the law. The original trial ruled that the jurisdiction of the court of appeal was judged on the basis of whether the defendants were infringers. This practice is unfounded and should be corrected. 2. This case is not a purely tort dispute and should not be governed only by tort considerations. The original ruling forced the plaintiff to choose the court of the place of infringement or the court of the place of domicile of the infringer as the court of jurisdiction, which violated the law. The original ruling depriving the plaintiff of the statutory right of action (the choice of the competent court) should be corrected. As we all know, in traffic accident cases, the victim and the driver who caused the accident have a tort relationship, and the insurance company and the victim (the third party) have an insurance contract relationship. According to the traditional theory of tort compensation law, the victim should only sue the infringer such as the driver and the owner of the accident and claim the liability for tort compensation. After the infringer has paid the compensation, the insured (infringer) should apply to the insurer for compensation, instead of the victim directly listing the insurance company that underwrote the car in the infringement case as the co-defendant. These are two different legal relationships. The "Road Traffic Safety Law" implemented on May 1, 2004 broke through the shackles of the above-mentioned traditional tort compensation legal system, and pioneered a new type of accident compensation legal system to list the infringer and the insurer as co-defendants. The Tort Liability Act reconfirms this legal system. Based on the understanding of the aforementioned traditional tort compensation jurisprudence, for a long time after the implementation of the Road Traffic Safety Law, many courts did not follow the provisions of the Traffic Safety Law and the Tort Liability Law when accepting traffic accident cases. The new compensation system is implemented (the infringer and the insurer are listed as co-defendants), but still requires the plaintiff to only list the infringer as the defendant and prohibit the insurer as the co-defendant. It was not until December 21, 2012 that the Supreme Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases came into effect that the practice of courts across the country was unified: victims were allowed to sue infringers and insurance companies at the same time, and victims were required The insurance company that underwrites compulsory traffic insurance and commercial triple insurance is listed as a co-defendant. This practice is still used today. It can be seen from the above that the court of first instance has jurisdiction over the case, not without jurisdiction. From the perspective of the jurisdictional content stipulated in the Civil Procedure Law, if you choose the court of the defendant's domicile to sue, the law does not require the court of the infringer's domicile to be the court of the infringer's domicile. The court of first instance forced the appellant to sue either in accordance with the court of the place of infringement or in accordance with the court of the place of domicile of the infringer among the co-defendants, which in essence illegally deprived the appellant of the right to choose a court of jurisdiction in accordance with the law. This practice has no basis in the law and the ruling of the original trial should be corrected. 3. The ruling of the original trial deprived the appellant of part of his litigation rights, which constitutes an offence and should be corrected. The original ruling of the 2. was wrong in applying the law. (omitted) To sum up, the original ruling found that the facts were wrong and the applicable law was wrong, which should be corrected. In order to safeguard the legitimate rights and interests of the appellant, the court of second instance is requested to correct the error according to law. 4. The Court of Final Appeal revoked the ruling of the first instance and ordered the court of first instance to file a case for acceptance. After the trial, the Jinan Intermediate Court made a final ruling: revoke the first-instance ruling and order the first-instance court to accept the case. The reasons for the revision by the court of second instance are as follows: "... the appellant listed the insurer as a defendant in accordance with the law, in accordance with the provisions of the above judicial interpretation. The third paragraph of Article 21 of the "Civil Procedure Law" stipulates: "If several defendants in the same lawsuit have their domicile and habitual residence in the jurisdiction of two or more people's courts, each people's court has jurisdiction." Article 35 stipulates: "Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a suit in one of the people's courts; ......" The appellant first chooses to bring a suit in the court of original trial in the place where the insurer is domicile, and the court of original trial has jurisdiction over the case. The court of first instance shall not accept the case improperly and shall correct it. … ruled as follows: The 1. revoked the civil ruling of Jinan District A People's Court (2021) Lu 0102 Minchu XXXX; 2., the case ordered Jinan A District People's Court to accept the case. This decision shall be final." V. Comments on Case-handling Lawyers Defendants in motor vehicle traffic accident liability disputes usually include motor vehicle drivers, motor vehicle owners, and property insurance companies that underwrite motor vehicles that cause accidents. Jurisdictional courts usually include: the court of the place where the accident occurred, the court of the motor vehicle driver's domicile, the court of the motor vehicle owner's domicile, etc. The difference in litigation costs, the different concepts of different courts, the difference in compensation treatment, especially the ability to file a lawsuit in the pilot provinces authorized by the Supreme People's Court to implement a unified compensation standard for the nature of urban and rural household registration, and many other factors have resulted in the same case in different courts. There will be different judgments (the amount of compensation is huge). Therefore, many victims attach great importance to the choice of the jurisdiction court. In many cases, it is more beneficial for the victim to file a lawsuit in the court where the insurer is located. At this time, the victim hopes to file a lawsuit in the court where the insurer is located. We temporarily summarize the above situation as demand-side demand, and the following objective situation can be summarized as supply-side supply: There are nearly 90 property insurance companies in my country, and the provincial branches and head offices of these companies are mostly located in provincial capital cities, Financial and insurance industry clusters in the capitals of autonomous regions, and municipalities directly under the Central Government, that is, they are highly concentrated in a certain 1. and two districts in the city. If the plaintiff takes the court of the insurer's domicile as the jurisdiction court, it will make it difficult for the courts in the 1. districts where property insurance companies in provincial capitals, autonomous regional capitals and municipalities directly under the Central Government gather to deal with an astonishing number of traffic accident cases. In order to deal with and alleviate the contradiction between supply and demand, the above-mentioned grass-roots courts have formed an effective practice over the years. If the plaintiff determines the court of jurisdiction according to the domicile of the insurer, the oral reply will not be accepted and the plaintiff will be informed that he should sue in the court where the traffic accident occurred. This has led to a large number of traffic accident victims who cannot choose to sue in the insurer's domicile court according to their own needs. For decades, the heirs of countless deaths have been unable to shake this judicial reality. When handling the appeal of jurisdiction dispute in this motor vehicle traffic accident liability dispute case, lawyer sun hanchuan overcame the difficulties, solved the above-mentioned problems, and cleared a major obstacle for such victims on the demand side in the future.

2021-11-23

Viewpoint... On the legality of court assistance in changing frozen equity in bankruptcy reorganization cases.

Presentation of 1. issues Article 19 of the Enterprise Bankruptcy Law stipulates that "after the people's court accepts the bankruptcy application, the preservation measures relating to the debtor's property shall be lifted and the enforcement procedure shall be suspended." The administrator may, in accordance with the foregoing provisions, apply for the lifting of all protective measures against the debtor's property, but it is difficult to lift the protective measures against the shareholders' equity holdings. After the reorganization plan adjusts the rights and interests of the contributors, the frozen state of equity will prevent the new and old shareholders from completing the registration of equity changes on their own, thus hindering the implementation of the reorganization plan. In order to solve this problem, the insolvency representative tries to find various ways, such as negotiation, acquisition of creditor's rights, setting settlement conditions, determining the transfer price of formal equity, auction of equity, application to the enforcement court for cancellation, and filing of enforcement objections. These methods have their own disadvantages, such as negotiation or acquisition of creditor's rights, which often increases time or money costs and is unfair to other creditors. In the reorganization plan, the lifting of the equity freeze as a condition for settlement does not necessarily lift all the freezes. Some creditors would rather not receive the payment than cooperate with the unsealing, and this method is not binding on the creditors of non-bankrupt enterprises; when the reorganization plan stipulates that the transfer price in the form of 1 yuan, 10 yuan or 100 yuan will be paid to the first cover and then apply to the enforcement court to lift the freeze on all shares. This practice not only confuses the adjustment of investors' rights and interests with the transfer of shares, but also divides the debt service funds from the transfer price of shares, and the transfer price lacks persuasiveness and basis, which has major logical defects. If the reorganization investor is determined by auction of shares, it is necessary to adjust the rights and interests of the investor before the equity auction, then it is also necessary to face the issue of the equity freeze; apply to the enforcement court to lift the seizure or file an enforcement objection, some courts have ruled to lift the seizure measures, but many courts have rejected the objection. As early as 2012, judges Zhang Yongjun and du Jun of the Supreme people's Court published a paper in the Application of Law, arguing that "the reorganization procedure takes precedence over the ordinary enforcement procedure, and the nature of equity reduction is not an intended transfer but more similar to a legal transfer. After the reorganization plan is approved by the people's court, it will have the nature of an effective legal document. The people's court and other relevant administrative organs should fully guarantee the implementation of the equity reduction in the plan, the equity freeze should be lifted." Professor Wang Xinxin published a paper in the People's Court News in 2016 and argued: "The reorganization plan approved by the court is mandatory for the change of the investor's equity, rather than the complete voluntary transfer of all parties, which is a judicial transfer of equity. Therefore, the court should issue a notice of assistance in execution in accordance with the company's regulations to ensure the implementation of the reorganization plan approved by it." And pointed out that "in the practice of the reorganization of listed companies in China in recent years, there are many cases involving the change of shareholders' equity, all of which are implemented by the court issuing a notice of assistance in execution." If the court accepting the bankruptcy case issues a notice of assistance in execution, requiring the commercial registration authority to register the change of equity under the name of the designated subject, this is the most direct and effective way to solve the problem of equity freeze. The judicial practice of changing the registration of frozen shares directly by the court accepting bankruptcy cases in 2.. Due to the imperfect provisions of the current Enterprise Bankruptcy Law, local courts have made various guidance within the legal framework to solve many practical problems encountered in bankruptcy cases. The Guangdong High Court, the Beijing Bankruptcy Court, the Guangzhou Intermediate Court, the Shenzhen Intermediate Court, and the Jiangsu High Court have made it clear that the court can assist in the implementation of the method of changing the registration of frozen shares. 1. Paragraph 2 of Article 98 of the guidelines on several issues concerning the trial of Enterprise bankruptcy cases issued by the Guangdong Provincial higher people's Court on November 29, 2019 stipulates: "when the people's court approves the reorganization plan, it shall be examined in the light of the value of the debtor's assets, liabilities, the proportion of the debtor's compensation in the reorganization plan, and the size of the retained rights and interests of the original shareholders after adjustment. After examination and approval, it shall be implemented in accordance with the provisions of the reorganization plan. If the people's court or registration authority that has taken measures to seal up the shares refuses to enforce them, the administrator may apply to the people's court for assistance in enforcement." 2. Article 132 of the "Regulations for Handling Bankruptcy Reorganization Cases (Trial)" formulated by the Beijing Bankruptcy Court on December 30, 2019 stipulates: "During the implementation of the reorganization plan, investors, creditors, etc. refuse to cooperate without justifiable reasons. If the rights and interests change procedures, the people's court may issue a notice of assistance in execution to the relevant units based on the application of the administrator and interested parties." 3. Article 10, paragraph 2, of the "Implementation Opinions on Promoting the Exit of Bankrupt Enterprises from the Market" jointly issued by Guangzhou Intermediate People's Court and Guangzhou Market Supervision Administration on May 26, 2020, No. 88 of Guangzhou Zhongfa [2020] stipulates: "Bankruptcy and reorganization enterprises need to change shareholders' matters due to the adjustment of investors' rights and interests, but the shares held by the original shareholders of the enterprise are pledged or sealed up, the administrator may go to the corresponding market supervision department for equity change registration with the case acceptance ruling, the approval of the reorganization plan ruling, the decision of the designated administrator (liquidation group), the notice of assistance in execution and other materials." 4. Article 7 of the minutes of the meeting on issues related to the cancellation of enterprises jointly issued by the Shenzhen Intermediate people's Court and the Shenzhen Municipal Market Supervision Administration on September 25, 2020 stipulates: "if a bankrupt and reorganized enterprise needs to change shareholders' matters due to the adjustment of the rights and interests of investors, but if the shares of the enterprise held by the original shareholders of the enterprise are pledged or sealed up, the people's court shall issue a notice of assistance in execution, the administrator may go to the commercial registration authority to register the change of equity with the ruling on the acceptance of the case, the ruling on the approval of the reorganization plan, the decision of the designated administrator (liquidation group) and the notice of assistance in execution issued by the people's court." 5. Article 5 of the "Implementation Opinions on Doing a Good Job in the Registration of Bankrupt Enterprises and Optimizing the Business Environment" jointly issued by the Jiangsu Provincial Higher People's Court and the Jiangsu Provincial Market Supervision Administration on November 16, 2021 stipulates: "The registration of change of shareholders of bankrupt enterprises shall be handled in accordance with the law. According to the bankruptcy reorganization plan approved by the people's court, it is necessary to change the registration of shareholders of the bankruptcy reorganization enterprise, but because the equity held by the original shareholders of the enterprise has been pledged or sealed up by the court, if the administrator is unable to apply for the registration of shareholder change, the bankruptcy court may issue a notice of assistance in execution, notify the market supervision department to assist in lifting the seal, removing the pledge, and handle the registration of equity change. After the seizure is lifted or the pledge is removed, the bankruptcy court shall promptly inform the pledgee and the court that originally took the protective measures of the situation." 3. Court Accepting Bankruptcy Cases Changes the Legality Basis of Frozen Equity Registration by Co-Enforcement It is the most effective way to solve the obstacles of equity freezing that the court accepting bankruptcy cases directly requires the commercial registration authority to complete the change registration by means of the notice of assistance in execution. In the absence of clear legal provisions, why do places such as Guangzhou and Shenzhen dare to issue the above judicial documents, and why do some areas dare to issue direct co-enforcement transfers? In addition to the admirable spirit of social responsibility, the more important support lies in the stable legal basis of this practice. The legal effect of the (I) equity freeze only extends to the autonomy of shareholders to transfer equity and the right to dividend income. According to the Civil Code, equity is one of the six property rights enjoyed by civil subjects, alongside property rights, claims, intellectual property rights and inheritance rights. Equity can be divided into self-interest and co-interest according to the purpose and manner of exercise. Self-interest rights refer to the rights enjoyed by shareholders based on their own interests, which can be exercised separately, including the right to return on assets, the right to request the distribution of surplus property, the right to transfer shares, the right to subscribe for new shares, etc. The right of common interest refers to the rights enjoyed by shareholders based on the interests of all shareholders or the company, including the right to vote at the shareholders' meeting, the right to convene the shareholders' meeting, the right to propose proposals, the right to question, the right to inquire about the articles of association and the books of account, and the right to request revocation by resolution of the shareholders' meeting. The Supreme People's Court<关于人民法院执行工作若干问题的规定>（试行）》第38条规定：“对被执行人在有限责任公司、其他法人企业中的投资权益或股权，人民法院可以采取冻结措施。冻结投资权益或股权的，应当通知有关企业不得办理被冻结投资权益或股权的转移手续，不得向被执行人支付股息或红利。被冻结的投资权益或股权，被执行人不得自行转让。”根据《最高人民法院、国家工商总局<关于加强信息合作规范执行与协助执行的通知>(October 10, 2014) Article 12 stipulates that if the shares are frozen, the shareholders shall not transfer them without authorization, and shall not set up pledges or other rights burdens. According to the aforementioned provisions, the consequence of the equity freeze is that the executed person may not transfer the frozen investment interest or equity on his own, and the enterprise may not go through the procedures for the transfer of the frozen investment interest or equity, and may not pay dividends or dividends to the executed person. The legal effect of the equity freeze only extends to the autonomy of the shareholders to transfer their shares and the right to dividend income, limiting the shareholders' right to self-interest, not the right to co-interest. The freezing of (II) shares does not affect the voting, compulsory adjudication and legal effect of the investor's equity adjustment plan. There is a fundamental difference between the transfer of equity to the reorganization investor or creditor in the adjustment plan of the investor's equity in the reorganization plan and the transfer of equity. The transfer of equity is the act of a shareholder transferring his equity to another person by means of transactions, gifts and other laws or the articles of association of the company. On the other hand, the adjustment of the rights and interests of the investors in the reorganization plan is based on the principle that creditor's rights take precedence over equity, and the rights and interests of the investors are reduced in the case of enterprise bankruptcy, so as to introduce the way of restructuring investors or debt-to-equity swap and reorganization. The acquisition of equity by investors is not based on the self-transfer of shareholders, and the investment price is not paid to individual shareholders. The shareholding freeze restriction is the shareholder's right to self-transfer and dividend of equity and investment interests. The reorganization plan investor's equity adjustment plan is not a shareholder's own transfer of equity or investment interests, nor does it involve dividends, does not belong to the restriction of equity freeze, and does not affect the voting rights of shareholders on the plan. According to Article 87 of the Enterprise Bankruptcy Law, even if the investor group does not vote to pass the capital contribution rights and interests adjustment plan, as long as the draft reorganization plan adjusts the investor's rights and interests in a fair and just manner, the court can force the decision. The freezing of equity or pledge is not an exception, and the freezing of equity does not affect the court's ruling and legal effect. (III) equity has undergone a change in the subject of rights prior to the registration of the change. According to the third paragraph of Article 32 of the Company Law, the effect of equity registration of a limited liability company is only against third parties. The industrial and commercial department is not the shareholder's equity confirmation authority, nor is it the property right registration authority, the industrial and commercial department of the limited liability company's capital contribution registration, the essential role is information publicity. Although no change registration has been made, the reorganization investor or creditor may acquire equity in accordance with the provisions of the investor's equity adjustment plan confirmed by the court ruling. (IV) the reorganization plan is an effective legal document, the people's court may complete the formalities for the transfer of property rights certificates by way of co-enforcement. The reorganization plan approved by the court has the nature of an effective legal instrument, and the reorganization plan stipulates that the change of equity to the name of the reorganization investor or creditor shall be implemented. According to Article 4 of the Enterprise Bankruptcy Law: "If the proceedings for the trial of bankruptcy cases are not provided for in this Law, the relevant provisions of the Civil Procedure Law shall apply." Article 251 of the "Civil Procedure Law" stipulates: "In the course of execution, if it is necessary to go through the procedures for the transfer of relevant property rights certificates, the people's court may issue a notice of assistance in execution to the relevant unit, and the relevant unit must go through it." In the course of the implementation of the reorganization plan, it is necessary to go through the formalities for the transfer of shares, but due to the freezing of shares, the shareholders are unable to do so on their own, so the people's court has the right to issue a notice of assistance in execution to the registration authority in accordance with the above provisions. The (V) investor's equity adjustment plan is binding on the debtor and all creditors. Article 92, paragraph 1, of the Enterprise Bankruptcy Law stipulates: "A reorganization plan approved by the People's Court shall be binding on the debtor and all creditors." If the executor applying for the freezing of equity is also a creditor of the debtor, the provisions of the investor's equity adjustment plan and the conditions for the settlement of claims shall be binding on it, and in the case of non-cooperation in the lifting of the equity freeze, the court shall rule on the basis of the reorganization plan to force the resolution of the equity freeze. The adjustment of the rights and interests of the (VI) investor and the change of the equity shall not harm the legitimate rights and interests of the applicant. In the case of the debtor's insolvency, there is no surplus to be distributed to the interests of shareholders, the adjustment of the rights and interests of the investor will not actually harm the rights and interests of the applicant for execution, and the continued freezing of the original investor's equity has no practical significance for the applicant for execution. If the enterprise goes bankrupt and liquidates due to the inability to transfer the shares, the shareholders' shares will no longer exist and the creditors will suffer greater losses. 4. epilogue As a civil preservation measure, the legal effect of the equity freeze is only to prohibit the right of shareholders to transfer their equity and investment interests and the right to dividends. The adjustment of the investor's rights and interests of the reorganization plan is the reduction and transfer of the investor's rights and interests based on the debtor's assets and liabilities in the bankruptcy reorganization proceedings of the enterprise, which is fundamentally different from the transfer of equity, and is not within the scope of the equity freeze measures. The reorganization plan is an effective legal instrument, and the adjustment of the rights and interests of the contributors determined by it has the effect of enforcement. In the case that the debtor and shareholders are unable to implement the investor's rights and interests adjustment plan on their own due to the freezing of equity, the people's court shall complete the registration of frozen equity changes by issuing a notice of assistance in execution in accordance with the provisions of the Enterprise Bankruptcy Law and the Civil Procedure Law. The practice has a sufficient legal basis and should be supported and widely applied.</关于加强信息合作规范执行与协助执行的通知></关于人民法院执行工作若干问题的规定>

2021-11-23

Real estate perspective: interpretation-the use of collective operating construction land to develop affordable rental housing.

In order to effectively improve the housing conditions of people with household registration difficulties in cities and towns, and solve the housing difficulties of new citizens, young people and other groups, we are gradually accelerating the improvement of the housing security system with public rental housing, affordable rental housing and shared property housing as the main body. Concept of 1. indemnificatory rental housing On June 24, 2021, the General Office of the State Council issued the "Opinions of the General Office of the State Council on Accelerating the Development of Affordable Rental Housing" (Guo Ban Fa [2021] No. 22), which explained the concept of affordable rental housing from the legal and policy levels. Affordable rental housing refers to the housing that the government organizes construction or raises through other means to rent out to eligible urban families or individuals with housing difficulties. Affordable rental housing mainly solves the housing difficulties of eligible new citizens, young people and other groups. It is mainly small households with a construction area of no more than 70 square meters, and the rent is lower than the rent of rental housing in the same area and quality market. 2., the State Council and Shandong Province have successively issued documents allowing collective operating construction land to be used for the development of affordable rental housing. On June 24, 2021, the General Office of the State Council issued the "Opinions of the General Office of the State Council on Accelerating the Development of Affordable Rental Housing" (2021 No. 22), which proposed that "large cities with net population inflow and cities determined by the provincial people's government, on the basis of respecting the collective wishes of farmers and with the consent of the urban people's government, can explore the use of collective operating construction land to build affordable rental housing; support should be given to the use of collective operating construction land in urban areas, close to industrial parks or areas with convenient transportation to build indemnificatory rental housing; rural collective economic organizations can build and operate indemnificatory rental housing through self-construction, joint venture, shareholding, etc.; the right to use collective operating construction land for the construction of indemnificatory rental housing can be mortgaged." On November 16, 2021, the General Office of the People's Government of Shandong Province issued the "Implementation Opinions of the General Office of the People's Government of Shandong Province on Accelerating the Development of Affordable Rental Housing" (Lu Zheng Ban Fa [2021] No. 17), which proposed that "Jinan, Qingdao and other large cities with a net inflow of population should focus on new citizens and young people, give priority to physical security and pay equal attention to rental subsidies, make use of resources such as collective operating construction land, supporting land for industrial parks, idle land owned by enterprises and institutions, idle houses in non-residential stock, and newly supplied state-owned construction land, actively support specialized large-scale housing leasing enterprises, and multi-point layout to drive the whole area. Vigorously develop affordable rental housing, and strive to achieve a balance between work and housing." Relevant regulations of Jinan City, 3. On October 13, 2021, the General Office of the Jinan Municipal People's Government issued the ''Jinan City Collective Construction Land Management Measures (Trial) ''(JZBF [2021] No. 21), although JZBF [2021] No. 21 Article 5 stipulates that collective construction land can be used for major (key) projects such as affordable public rental housing determined by the people's government at or above the county level, however, Article 12 of Chapter III" Collective operating construction land entering the market "stipulates that" collective operating construction land refers to collective construction land that is determined by land and space planning (overall land use planning, urban and rural planning) as industrial storage, commerce, tourism, entertainment and other operational uses, and registered for land ownership in accordance with the law." Document No. 21 of the Economic Administration Office [2021] does not directly stipulate in the chapter "Collective operating construction land entering the market" that collective operating construction land can be used to develop affordable rental housing. According to Article 8 of the document, it is intended to guarantee Public rental housing is included in the approval of collective construction land use rights. However, Lu Zhengban Fa [2021] No. 17 has made it clear that Jinan should use collective operating construction land to develop affordable rental housing. Since the national, provincial, and municipal regulations are not completely consistent, in practice, how should we master the use of collective operating construction land in the market? Our lawyers believe that from the time of issuance, the State Office issued document No. 22 [2021] in June this year, in November of the same year, the Shandong Provincial Government Office of the State Office issued document No. 22 [2021] detailed, and issued Lu Zheng Office issued document No. 17 [2021], the above documents are highly consistent in content, and actively explore the use of collective business construction land to build affordable rental housing, use resources such as collective operating construction land to actively support specialized large-scale housing rental enterprises, and vigorously develop affordable rental housing. Although Jinan's regulations on the use of collective construction land in the market are slightly different from those of the State Council and Shandong Province, the use of collective construction land to develop affordable rental housing is in the same line and complementary. Under the premise of meeting the requirements of document No. 22 issued by the State Office of the people's Government of China and document No. 17 issued by the Lu Zheng Office of the people's Government of Jinan City, collective operating construction land can be used to build indemnificatory rental housing, and relevant rural collective economic organizations can build and operate indemnificatory rental housing through self-construction, joint venture, shareholding and other means.

2021-11-23

Lawyer Li Zhenzhong was invited to attend the "Shandong Capital Market Legal Service Forum (Special Session of the North Stock Exchange)" of the Shandong Lawyers Association and delivered a keynote speech on "Practice of Legal Opinions in IPO Business".

On November 20, 2021, the "Shandong Capital Market Legal Service Forum (Beijing Stock Exchange Special Session)" sponsored by the Capital Market Legal Professional Committee of Shandong Lawyers Association and co-organized by the Securities Professional Committee of Jinan Lawyers Association and the Securities Professional Committee of Qingdao Lawyers Association Held on the Internet. This forum was presided over by Wang Deyong, director of the Capital Market Legal Professional Committee of Shandong Lawyers Association, and Yang Guanglei, vice president of Shandong Lawyers Association, attended and delivered a speech. Lawyer Li Zhenzhong, deputy director of Zhongcheng Qingtai Law Firm, as the deputy director of the Capital Market Legal Professional Committee of Shandong Lawyers Association, was invited to participate in and gave a keynote speech on "Legal Opinion Practice in IPO Business. Combined with rich practical experience, lawyer Li Zhenzhong explained in depth the significance and role of legal opinions in the process of IPO and listing, the production process of legal opinions, and the legal liability of legal opinions, and made a key analysis on the production of legal opinions in the process of listing on the Beijing Stock Exchange. This speech was highly appraised and warmly responded by the guests and the audience.

2021-11-22

The 1st Anniversary Celebration Held by Zhongcheng Qingtai Jinan Free Trade Zone

November 19, 2021 is the first anniversary of the establishment of Zhongcheng Qingtai (Jinan Free Trade Zone) Law Firm. All colleagues of the firm held a grand celebration meeting in the 28th floor office of Building 3, Shandong Expressway Plaza. Lawyer Han Honggang, director of Zhongcheng Qingtai General Office, was invited to attend. Lawyer Li Jian, deputy director of Zhongcheng Qingtai Jinan Free Trade Zone Institute, served as the host of the celebration and summarized the memorabilia of the law firm's one-year development. Zhou Jiyong, director of Zhongcheng Qingtai Jinan Free Trade Zone, made a summary speech on the completion of the work of the law firm in the past year, and listened to the suggestions of the directors of the urban construction department, the real estate department and the company department on the business development and department development of their departments. Lawyer Wang Yan, secretary of the party branch of Zhongcheng Qingtai Jinan Free Trade Zone, reported on the development of the party building work in the institute, and combined with the actual situation of the current development of the law firm and the continuous improvement of the lawyer industry norms in recent years, this paper makes reasonable suggestions on the risk prevention in the process of practice. Du Wentang, deputy director of Zhongcheng Qingtai Jinan Free Trade Zone, shared with his colleagues on the development of the law firm's business, the formation of lawyers' specialization and the refined requirements of lawyers' business. After the meeting, all members took a group photo and held a grand celebration of the first anniversary of the free trade zone. Over the past year, the Jinan Free Trade Zone has focused on team building, attracted outstanding talents, and completed the division of professional departments. The number of law firm personnel has also increased from 17 at the beginning to 35 today, achieving double growth; urban construction, real estate, and corporate businesses are law firms. Advantage business, and in real estate development and construction, company mixed reform, liquidation and bankruptcy and other boutique business areas, has achieved considerable development. Jinan Free Trade Zone expects for all reasons, with the care and support of friends from all walks of life, and with the joint help of all colleagues in Zhongcheng Qingtai, it will be able to achieve more brilliant achievements in the new year with a more positive attitude.

2021-11-22

Construction Engineering Environmental Capital Law Review (31st issue) | Ministry of Housing and Urban-Rural Development Standard Quota Department issued "Construction Engineering Volume List Pricing Standard" (draft for comments)

Source: Ministry of Housing and Urban-Rural Development of the People's Republic of China On November 19, 2021, the Standard and Quota Department of the Ministry of Housing and Urban-Rural Development issued the "Construction Project Volume List Pricing Standard" (draft for comments), which revised the "Construction Project Volume List Pricing Standard" (GB 50500-2013). The housing and urban-rural construction departments of all provinces and autonomous regions, the housing and urban-rural construction (management) committees of municipalities directly under the Central Government, the Housing and Urban-Rural Construction Bureau of Xinjiang Production and Construction Corps, the construction project cost management agencies of relevant departments of the State Council, and all relevant units: In order to improve the market-oriented formation mechanism of project cost and further unify the project pricing rules, we have revised the "Construction Project Volume List Pricing Standard" (GB 50500-2013) to form the "Construction Project Volume List Pricing Standard" (draft for comments), which is now sent to you for comments. Please feedback your written comments to our company before December 15. Contact person and fax: Cong Mingxue, 010-58934733 Contact E-mail: chengm@mohurd.gov.cn Contact address: Standard Quota Department of Ministry of Housing and Urban-Rural Development, No. 9 Sanlihe Road, Haidian District, Beijing (please indicate the words "Construction Project Quantity List Pricing Standard for Comments"), zip code: 100835 Annex: Valuation Standard for Bill of Quantities of Construction Projects (draft for comments) Department of Standards and Quotas, Ministry of Housing and Urban-Rural Development 17 November 2021 (This active public)

2021-11-21

Lawyers from Zhongcheng Qingtai participated in the Forum on Enterprise Operation and Capital Operation and the Launching Ceremony of Qingyou Investment Club under the New Pattern of "Innovation and Development, Wisdom to Win the Future"

In order to speed up the construction of a new development pattern with the domestic big cycle as the main body and the domestic and international double cycles promoting each other, and deeply implement the important contents of the guiding ideology of China's economic and social development during the 14th Five-Year Plan period, on the afternoon of November 20, 2021, the enterprise operation and capital operation forum and the launching ceremony of Qingyou Investment Club under the new pattern of "innovation, development and wisdom to win the future" co-sponsored by Zhongcheng Tai Jinan was successfully held in the afternoon, lawyers from Zhongcheng Qingtai Zhang Jian, Deng Pu, Yin Huili and Xu Fei were invited to attend. More than 100 start-up enterprises and listed companies, companies to be listed, gazelle enterprises, entrepreneurs and executives of specialized new enterprises gathered together to discuss enterprise development, industrial coordination, capital operation path and wealth management strategy under the new pattern. Zeng Dawei, secretary general of Shandong Gazelle Enterprise Development Promotion Association, Wu Lichun, executive chairman of Shandong Tsinghua Alumni Association, president of Tsinghua University EMBA Shandong Alumni Association, and Gao Dong, president of Jinan Fund Industry Association, addressed the forum. AVIC Securities, Tianqin Investment, Zhongcheng Qingtai, Huizhi Group, China Merchants Bank and representatives of entrepreneurs jointly unveiled the launching ceremony of Qingyou Investment Club. Ye Suqin, senior partner and general manager of Rongzheng Consulting, Chen Yu of Jinan Branch of China Merchants Bank, Frontier, founding partner of Huizhi Group, and Jin Wancheng, director of AVIC Securities, respectively made keynote speeches on "Normalized Equity Incentive under Registration System", "New Kinetic Energy Customer Service", "How Enterprises Can Achieve" Offensive and Defensive "and" IPO Common Problems and Case Analysis "under the Double Cycle Trend. This event was co-sponsored by Shandong Gazelle Enterprise Development Promotion Association, Jinan Fund Industry Association, Tsinghua University MBA Shandong Alumni Association, Shandong Tianqin Equity Investment Fund Management Co., Ltd., Zhongcheng Qingtai (Jinan) Law Firm, China Merchants Bank, Co-organized by U & I GROUP Huizhi Group.

2021-11-21