Zhongcheng Qingtai Party Flag Red, Boost Development Fu Zhengneng

Shandong Zhongcheng Qingtai Law firm has always adhered to the service tenet of "centering on the center, serving the overall situation, paying attention to the people's livelihood, and contributing to the society", giving full play to the fighting fortress of the party organization and the vanguard and exemplary role of party members, and adopting the work mode of "party building." promote the construction with party building, promote development with party building, promote business with party building, and promote brand with party building, so as to achieve comprehensive leadership. The law firm was awarded the "National Excellent Law Firm", and the party organization of the law firm was successively awarded the "National Pioneer and Excellence Advanced Grassroots Party Organization", "National Lawyer Industry Pioneer and Excellence Activity Demonstration Site", and "National Pioneer and Excellence Advanced Grassroots Party Organization", "National Lawyer Industry Advanced Party Organization", "Shandong Province Advanced Grassroots Party Organization" and other honorary titles. "Party Building Law Firm Management". The law firm has written the party building work and the party's political guarantee role into the law firm's charter, and implemented two-way entry, cross-service and high integration of party committee members and management team members. The decision-making of major matters such as personnel arrangement, business development and management of law firms should have the "voice" of the party, which fully reflects the leading core and political guarantee role of the party organization in the management of law firms. "Party building team". The construction of the party organization within the law firm is combined with the division of business departments. The department director is basically the party branch secretary. The department team building adheres to the leadership of party building and gives full play to the vanguard and exemplary role of party members. Party member lawyers are in the research and development of legal service products and team professional construction. Take the lead and actively lead the development of the team. After years of active building, the law firm has a number of professional in the industry has a clear advantage. "Party building market expansion". As the first law firm to set up a party committee in Shandong Province, party building has become a characteristic brand of law firms. The law firm actively uses the advantages of the party building brand to expand the service market, fully reflecting the genes and colors given by the firm's political firmness, correct direction, standardized management and high team quality, and carries out party building exchanges, party building friendship, party building learning and other characteristic business exchange activities with customers. Party building brand advantage to help the law in the party and government organs and state-owned enterprises market expansion to achieve obvious results. "Party building business to undertake". The law firm has put the overall leadership of party building into specific business. For example, when undertaking bankruptcy cases, in order to meet the high requirements of bankruptcy cases for lawyers' political quality, professional ability and teamwork, the law firm has appointed members of the party organization team as the heads of Qixing Group's 27 enterprise bankruptcy reorganization business teams, appointed a number of party lawyers as business backbones, and led more than 20 lawyers to successfully complete various tasks in more than a year, highly praised by the provincial government; in the reorganization case of Linyi Beicheng Real Estate Co., Ltd., a temporary party branch was established at the project service site. Through the leadership and coordination of the party organization, various problems in the business process were properly handled. "Party building culture". The party organization of the law firm gives full play to the role of the labor union, the Youth League branch, the Youth Work Committee, and the women's work committee, takes various cultural activities as an important part of the party building work, creates a positive, healthy, united and friendly cultural atmosphere, actively improves the collective awareness of employees, and enhances The sense of belonging of the lawyer team. Every International Children's Day, Women's Day, Old People's Day, Spring Festival and other holidays, the law firm organizes special activities to form Zhongcheng Qingtai Lawyers Orchestra, basketball team, and football team. The staff of the firm deeply appreciate the warmth and care of the big family. Career development injects centripetal force, cohesion and combat effectiveness. "Social Responsibility". Over the years, the law firm has actively organized party member lawyers and employees to carry out extensive voluntary service activities and actively practice social responsibility. More than a dozen lawyers have successively participated in legal aid and "1 1" legal aid in western lawless counties. The law firm has appointed lawyers to serve as volunteers for the protection of young people, women, sanitation workers, migrant workers and other rights all the year round. For many years, lawyers have been assigned to the Jinan Disabled Persons' Federation on-site duty to provide legal advice to the disabled, set up a "Guangren Fund" to actively donate money and materials to disaster areas and epidemic areas, actively participate in targeted poverty alleviation, A number of lawyers participated in the activities of village legal advisers and provided free legal services to the grassroots and rural people. There is a long way to go to do a good job in party building in the new era. Zhongcheng Qingtai Law firm will take Xi Jinping's thought of socialism with Chinese characteristics in the new era as the guidance, comprehensively promote the "party building" work model as the carrier, embody the firmness of ideals and beliefs in legal service work, and make every effort to build a team of high-quality lawyers who are politically reliable, professionally competent and ethically trustworthy. To make new and greater contributions to serving economic and social development.

2021-10-28

Lawyer Song Huidong was invited to carry out special training on legal affairs for Guoxin Yiyang Eco-City Project.

On October 26, 2021, lawyer Song Huidong, senior partner of Zhongcheng Qingtai Jinan Institute and director of Real Estate Department I, was invited to carry out special training on legal affairs for Guoxin Yiyang Eco-City Project. The topic of this training was "Minefield" that Real Estate Advertisements cannot touch. The content of this training mainly focuses on the minefield that cannot be touched by real estate advertisements. It is explained from two aspects: the legal provisions related to real estate advertisements and the relevant concepts in advertisements, combined with classic cases. Based on the nature of real estate advertising, the principles that advertising should follow, and the content guidelines of advertising, this paper focuses on the prohibition of real estate advertising, and explains the legal responsibility of advertising behavior norms and advertising behavior from the perspective of enterprises. Lawyer Song Huidong carried out detailed training on the laws and regulations and matters needing attention involved in real estate advertising around the training theme and in combination with classic cases. The staff and workers attending the meeting said that the training had effectively improved their legal literacy and legal awareness, and spoke highly of the training.

2021-10-27

Announcement of Dissolution of Zhongcheng Qingtai Alliance

On September 30, 2021, the Presidium and members of the Zhongcheng Qingtai Alliance unanimously decided to terminate the Zhongcheng Qingtai Alliance Cooperation Agreement and dissolve the Zhongcheng Qingtai Alliance. From now on, Zhongcheng Qingtai Alliance will stop all activities and enter the termination of liquidation. At the same time, the alliance, its institutions and member offices will stop using all titles in the name of the alliance. The Alliance will complete the termination of liquidation no later than October 31, 2021 as agreed in the termination agreement. It is hereby announced. Zhongcheng Qingtai Alliance Secretariat October 27, 2012

2021-10-27

Lawyers Ai Xiansong and Zhou Peng from Zhongcheng Qingtai Dezhou attended the 2021 Annual Meeting of the Environmental and Resource Protection Law Professional Committee of Shandong Lawyers Association and the Seminar on Double Carbon Legal Services

On October 23, 2021, the 2021 annual meeting of the Environmental and Resource Protection Legal Professional Committee of the Shandong Lawyers Association was held at the Wenboyuan Hotel in Jinan. At the same time, the "Double Carbon" legal service seminar was jointly held with the Environmental and Resource Protection Legal Professional Committee of the Jinan Lawyers Association. The Environmental and Resource Protection Legal Professional Committee is a professional legal committee established by the Shandong Lawyers Association. My lawyer Ai Xiansong serves as the director and lawyer Zhou Peng serves as the secretary-general. The committee has absorbed professional lawyers for environmental protection law in various cities in the province. The seminar was presided over by Song Junbo, deputy director of the Environmental Resources Committee of the Provincial Law Association and director of the Environmental Resources Committee of the Jinan Law Association. Wu Hongyang, Director of the Climate Change Division of the Shandong Provincial Department of Ecology and Environment, took climate change as the starting point, and shared practical experience for the members of the meeting from the policy and practical status. Xu Chongqing, director of the Institute of Ecology, Shandong Academy of Sciences, based on the objective situation of Shandong Province, deeply analyzed the basic requirements of low-carbon and high-quality development with the title of "Carbon Road Shandong-Shandong Green, Low-carbon and High-quality Development Road under the Constraint of Double Carbon Target. Xie Guishan, director of the Law Institute of Shandong Academy of Social Sciences, combined theory with practice with the title of "Research on legal issues of carbon peak and carbon neutrality", which helped everyone to further enhance their understanding of the legal practice and theory of double carbon. A total of more than 40 members from the Environmental Resources Committee of Shandong Lawyers Association, the Environmental Resources Committee of Jinan Lawyers Association, and the Ecological Energy Committee of Qingdao Lawyers Association participated in the seminar. The seminar was broadcast live to lawyers across the province through the Tencent conference system. After the seminar, the Environmental Resources Committee of the Provincial Lawyers Association held the 2021 annual meeting. The meeting was presided over by Ai Xiansong, executive director of the Provincial Lawyers Association and director of the Environmental Resources Committee. Huo Jianping, member of the provincial lawyer industry party committee and vice chairman of the association, and Ai Min, supervisor of the board of supervisors, Lawyer Gao Shangtao, member of the Environment, Resources and Energy Law Professional Committee of the All-China Lawyers Association, was invited to attend the meeting. The meeting conveyed and carefully studied General Secretary Xi Jinping's speech at the symposium on in-depth promotion of ecological protection and high-quality development in the Yellow River Basin, and conveyed the spirit of the 10th National Lawyers Congress and the enlarged meeting of the Shandong Provincial Lawyers Industry Party Committee. Lawyer Sheng Yan, member of the Environmental Protection Committee of Shandong Lawyers Association and director of the Ecological Energy Committee of Qingdao Lawyers Association, introduced to the participants the relevant situation and working mode of the work of the Ecological Protection and Energy Committee of Qingdao Lawyers Association. Lawyer Luo Xianghu, member of the Environmental Protection Committee of Jinan Lawyers Association, shared with everyone the products and practical experience of environmental protection legal services. Lawyer Gao Shangtao shared his many years of practical experience in environmental protection legal services. The participating members conducted in-depth and extensive exchanges on the work of the professional committee and the hot issues related to lawyer business. Vice President Huo Jianping made an important speech, asking all members to first strengthen their own construction, enhance their political ability, conscientiously implement Xi Jinping's thought of ecological civilization in their work, further study the spirit of General Secretary Xi Jinping's speech at the forum on promoting ecological protection and high-quality development of the Yellow River Basin, and focus on the main line of "accelerating the high-quality development of the lawyer's career". Earnestly do a good job in articles and related work on the professional development of lawyers, lawyers engaged in environmental and resource protection business in the province should strengthen their responsibilities, practice in accordance with laws and regulations, actively promote environmental lawyers to carry out legal services in various cities in Shandong, promote the development of environmental protection legal services in various cities, and give full play to the positive role of environmental protection lawyers in theory and practice. The participants said that the meeting had gained a lot, deeply studied the legal theory and practice of "double carbon", understood the policy guidance and practical development trend, improved the theoretical level, and laid a good foundation for the research and development of relevant legal service products.

2021-10-25

Lawyer Li Heng participated in the 6th East China Construction Enterprise Legal Work Experience Exchange Meeting

On October 23, 2021, under the guidance of the China Construction Industry Association, the 6th East China Construction Enterprise Legal Work Experience Exchange Conference co-sponsored by the construction industry associations of Jiangsu, Zhejiang, Shanghai, Shandong, Jiangxi, Fujian, Anhui and other provinces and cities was held in Suzhou. Nearly 300 people from construction enterprise management, legal leaders and professional lawyers in East China attended the meeting. Li Heng, deputy director and senior partner of Zhongcheng Qingtai Jinan Institute and President of Zhongcheng Qingtai law research institute, was invited to attend the meeting as Secretary General of legal and Commercial Committee of Shandong Construction Industry Association. The opening ceremony of the conference was presided over by Yu Kaikai, editor-in-chief of the Construction Times, Zhang Ningning, chairman of the Jiangsu Construction Industry Association, Chen Taixiang, vice chairman and secretary-general of the Legal Services Committee of the China Construction Industry Association, and Liu Jian, president of Zhongyifeng Construction Group Co., Ltd. Lin Luyi Hai, deputy director of the Construction Committee of the National Lawyers Association, and other leaders delivered speeches. The meeting announced the 2021 East China Construction Enterprise outstanding legal team and individual evaluation results, and held an award ceremony. The speech session was presided over by Jiang Zhaokang, vice president and Secretary General of Zhejiang Construction Industry Association. Lin luteuhai, deputy director of the construction and Housing Committee of the all China Lawyers Association, and Gu Zengping, deputy director of Shanghai Jianwei (Nanjing) law firm, delivered professional speeches from different angles. The exchange speech session of the meeting was presided over by Zhang Hua, vice president and secretary general of Jiangxi Construction Industry Association, Ma Li, vice president and secretary general of Anhui Construction Industry Association, and professional exchange speeches were made by Wang Yongwei, Jin Shuigen, Deng Wenjun, Li Yuchao, Wang Guosheng, Liu Weihong, Su Hang and Cheng Yi. At the end of the meeting, lawyer Li Heng made a wonderful summary speech on the meeting from the aspects of professional identity, professional honor and professional responsibility of legal affairs of construction enterprises, the commonness and characteristics of excellent construction enterprises, the current and future industry situation and challenges, and the hot issues of engineering legal affairs that continue to pay attention.

2021-10-25

The insurer has no right to claim the termination of the contract on the grounds that the insurance contract is still in the hesitancy period, unless otherwise stipulated by law or the insurance contract.

[brief case]] On December 16, 2016, Yuan Mou took out insurance from a certain person's insurance company in Linyi. The insurance items include 100 years of additional health 100 to pay critical illness insurance in advance, with an insurance amount of 200000 yuan. On December 16, 2016, someone's Linyi Branch collected Yuan's insurance premium of 8473 yuan. On January 4, 2017, someone insured Linyi Branch to refund Yuan Mou's fee. On January 5, 2017, someone insured Linyi Branch Company charged the fee again. On January 18, 2017, someone insured Linyi Branch Company returned Yuan Mou 763 yuan. On January 24, 2017, someone insured Linyi Branch Company returned Yuan Mou 7710 yuan. Yuan was hospitalized for cerebral hemorrhage and hypertension stage III on January 20, 2017. He was discharged from hospital on January 29, 2017 and was diagnosed with cerebral hemorrhage, hypertension stage III and hyponatremia. On June 11, 2019, Linyi Lanshan Forensic Judicial Appraisal Institute issued an appraisal opinion, which determined that Yuan's left upper limb function was completely lost due to hypertension and cerebral hemorrhage, his left lower limb was claudication, and his muscle strength was level 3. According to Article 7.6 of the "Personal Insurance Disability Assessment Standard", it conforms to "complete loss of function of one limb" and constitutes level 5 disability. The appraisal opinion is Yuan's "post-cerebral hemorrhage disease" constitutes level 5 disability. Yuan has repeatedly asked someone to insure Linyi Branch to pay for major illness insurance, but someone has refused to bear the insurance liability on the grounds that the insurance contract has been terminated and Yuan's premium has been refunded. After Yuan Mou filed a lawsuit with the people's Court of lanshan district, Linyi City, Shandong Province. After hearing, the court ruled that 1. someone to pay Yuan Mou's insurance money to Linyi Branch Company in 200000 yuan, which should be paid to Yuan Mou's account within 10 days after the legal effect of this judgment. The 2. rejected Yuan's other claims. A person Bao Linyi Branch appealed against the first instance judgment, and the Intermediate People's Court of Linyi City, Shandong Province, rejected the appeal and upheld the original judgment on June 28, 2020. focus of controversy] 1. Whether the insurance contract in question has been terminated during the period of hesitation; 2. The validity of the format clause of the insurance contract in question is determined. The court of first instance held that] The insurance contract signed by the original and the defendant is the true intention of both parties, does not violate the mandatory provisions of laws and regulations, and the insurance contract is established and valid. If the plaintiff is ill during the insurance period, the defendant shall bear the corresponding obligation to settle the claim in accordance with the provisions of the law and the insurance contract. According to Article 15 of the the People's Republic of China Insurance Law, unless otherwise provided in this Law or otherwise agreed in the insurance contract, after the establishment of the insurance contract, the applicant may terminate the contract and the insurer may not terminate the contract. The Court does not support the defendant's claim that he can terminate the contract. The defendant claimed that the plaintiff entrusted Liu mou to apply for surrender during the hesitation period, because the application for change of insurance contract and the power of attorney for change of insurance contract provided by the plaintiff were copies, and the defendant also recognized that the signature of "yuan mou" in the application was not signed by yuan mou himself. therefore, the defendant's claim that the plaintiff entrusted Liu mou to apply for surrender was not supported by the court due to insufficient evidence. According to Article 17 of the the People's Republic of China Insurance Law, if an insurance contract is concluded and the standard terms provided by the insurer are adopted, the insurance policy provided by the insurer to the policyholder shall be accompanied by the standard terms, and the insurer shall explain the contents of the contract to the policyholder. With regard to the clause in the insurance contract that exempts the insurer from liability, the insurer shall, when concluding the contract, make a prompt sufficient to attract the attention of the applicant on the insurance policy, insurance policy or other insurance certificate, and make a clear explanation to the applicant in written or oral form on the content of the clause; if there is no prompt or clear explanation, the clause shall not be effective. Accordingly, the insurer has the obligation to prompt and explain the exemption clause in the contract, and when the content of the clause involves technical terminology, the performance of the obligation should be to the extent that ordinary people can normally clearly know the content, meaning and legal consequences of the exemption clause. The confirmation of the electronic insurance application in this case has not been signed and confirmed by Yuan, which is not enough to prove that the defendant has clearly stated the exemption agreement in the insurance clause to Yuan, and the court does not support the defendant's defense of the company's exemption from insurance liability. The court of second instance held that] The Court held that, according to the Supreme People's Court's Rules on the Application<中华人民共和国民事诉讼法>的解释》第三百二十三条关于“第二审人民法院应当围绕当事人的上诉请求进行审理”的规定，本院二审中仅针对上诉人上诉请求的范围进行审查，无争议的问题不予审查。《最高人民法院关于适用<中华人民共和国民事诉讼法>Article 90 of the Interpretation of the Law of the People's Republic of China stipulates: "The parties shall provide evidence to prove the facts on which their claims are based or to refute the facts on which the other party's claims are based, unless otherwise provided by law. If the parties fail to provide evidence or the evidence is insufficient to prove their claims of fact before the judgment is rendered, the party bearing the burden of proof shall bear the adverse consequences." Article 63 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" stipulates: "The people's court shall make judgments in accordance with the law on the basis of the facts of the case that the evidence can prove." Article 17 of the the People's Republic of China Insurance Law stipulates: "Where an insurance contract is concluded and the standard terms provided by the insurer are adopted, the insurance form provided by the insurer to the policyholder shall be accompanied by the standard terms, and the insurer shall explain the contents of the contract to the policyholder. For the clause in the insurance contract that exempts the insurer from liability, the insurer shall, when concluding the contract, make a prompt sufficient to attract the attention of the applicant on the insurance policy, insurance policy or other insurance certificate, and make a clear explanation to the applicant in written or oral form on the content of the clause; if there is no prompt or clear explanation, the clause shall not be effective." The insurance clause in dispute in this case is the format clause issued unilaterally by the appellant. According to the above-mentioned legal provisions, whether it is the exemption clause in the form clause or the ordinary contract clause, the appellant is obliged to deliver or inform the terms to the insured at the time of insurance, and the obligation should not be replaced by a return visit afterwards, which is also in line with the principle of mutual agreement at the time of the conclusion of the ordinary contract. However, after the first instance, it was found that all parties agreed that the signatures on the electronic insurance application confirmation and other relevant documents were filled in by the insurance agent privately, not signed by the applicant's authorization, and could not represent the true intention of the applicant. The appellant also cannot submit other evidence to prove that it has informed or delivered the standard contract terms involved in the case to the policyholder at the time of insurance and has prompted and clearly stated the exemption clause, and shall bear the adverse consequences. The appellant's request for the assessment of disability rating in accordance with the terms of the format contract, the proportional payment of insurance benefits and the application of the agreed effective time and the application of the "waiting period" after the entry into force of the contract to refund the premium and exempt the agreement, are not based on the law, but also obviously unfair. In this case, the appellant claimed that the contract had been terminated, but his claim contradicted the "Application for Change of Insurance Contract" submitted by him and the contents of the telephone return visit he claimed, and there was no contract or legal basis, so the court refused to accept it according to law. With regard to the appellant's claim that the premium refunded should be deducted, the Court held that the appellant did not make the claim in the first instance. The appellant now proposes in the second instance that according to the second instance trial of the case, the court will not support it according to law. To sum up, the appellant's appeal request of a life insurance Linyi branch company cannot be established and should be rejected. In accordance with the first paragraph of Article 170 of the the People's Republic of China Civil Procedure Law, the judgment is as follows: the appeal is rejected and the original judgment is upheld. Lawyer comment] Article 5 of the the People's Republic of China Insurance Law stipulates: "The parties to insurance activities shall follow the principle of good faith in exercising their rights and performing their obligations." The principle of good faith, as one of the basic principles of insurance (the principle of insurance interests, the principle of good faith, the principle of proximate cause, and the principle of compensation for losses), means that the parties to an insurance contract should provide the other party with all the substantive and important facts that can affect the other party's decision to contract and perform the contract and abide by the agreements and commitments concluded in the contract. In insurance activities, for the insurer, the main content of the principle of good faith is that the insurer should explain the insurance contract to the counterpart, especially the exemption clause in the contract and make corresponding explanations. In this case, the insurance contract signed between the insurer and the applicant has been established and comes into effect. According to the provisions of Article 15 of the Insurance Law, even if the insurance contract is still in the hesitation period, in the absence of legal provisions or other provisions in the insurance contract, the insurer does not have the right to claim the termination of the contract; in addition, the insurer fails to perform the corresponding obligation of prompt notification and explanation on the exemption clause involved in the case, Therefore, it should bear adverse consequences.</中华人民共和国民事诉讼法></中华人民共和国民事诉讼法>

2021-10-23

I Do Practical Things for the Masses | Lawyers from Zhongcheng Qingtai Jinan Institute Participate in 12345 Citizen Service Hotline Party Member Legal Service Dedication Day

On the morning of October 22, lawyers Liu Dong, Duan Shuwen, liyao and Wang Mingyi of Zhongcheng Qingtai Jinan Institute participated in the 12345 Citizen Service Hotline Party Member Legal Service Dedication Day. The purpose of this event is to provide citizens in need of legal consultation with unanswered legal services 12345 return visits, and make full use of the "12345" service convenience hotline to do a good job in answering questions, linkage services, follow-up and supervision of the masses in a timely manner to ensure that the reasonable suggestions and demands of the masses are satisfied The answer has built a "heart-to-heart bridge" between the government and the masses ". Zhongcheng Qingtai lawyers responded positively, using professional legal knowledge to ensure rapid response and timely feedback to various appeals, and strive to create a high-level legal service hotline with temperature, speed and satisfaction.

2021-10-22

Zhongcheng Qingtai Guangren Fund Donates 200000 Yuan to Participate in Co-construction of Shandong University of Political Science and Law Lawyers College

On October 22, 2021, the Shandong University of Political Science and Law, Shandong Lawyers Association and some law firms jointly initiated the Shandong University of Political Science and Law School. Zhongcheng Qingtai Law Firm signed a cooperation agreement with Shandong Institute of Political Science and Law to donate 200000 yuan to the construction of the Law Institute through Guangren Fund. The Law School of Shandong University of Political Science and Law adopts the "1 N N" operation mode. The school connects with N law firms and offers N professional characteristic training classes respectively. Each class adopts the micro-professional school-running mode to recruit students for senior students, graduate students and social lawyers majoring in law. At the inauguration ceremony, Zhu Xiaofeng, member of the Party Committee and Deputy Director of the Department of Justice of Shandong Province, Li Yufu, Secretary of the Party Committee of Shandong University of Political Science and Law, and Lu Tao, President of Shandong University of Political Science and Law, Wang Minsheng, President of the Provincial Lawyers Association, Chen Qijun, Deputy Director of the Jinan Municipal Bureau of Justice, and representatives of the initiating law firm jointly inaugurated the Shandong University of Political Science and Law School. More than 100 people, including representatives of some law firms, heads of relevant departments of Shandong University of political Science and Law, and representatives of teachers and students, attended the founding meeting. Lawyer Shi Guangbo, deputy director of Zhongcheng Qingtai Jinan Institute, attended the meeting on behalf of Zhongcheng Qingtai. After the inaugural meeting, the first council meeting of the Shandong Institute of Political Science and Law Lawyers School was held. The meeting reviewed and passed the "Articles of the Council of the Lawyers College of Shandong University of Political Science and Law", and negotiated the leading body of the Council of the Lawyers College of Shandong University of Political Science and Law. Lu Tao, chairman of the council, issued a letter of appointment to the first council member. Director Geng Guoyu of Zhongcheng Qingtai Jinan Institute was elected as a member of the first council. Zhongcheng Qingtai will work closely with Shandong University of Political Science and Law, guided by the practice of the rule of law, vigorously support the construction of the law school, promote the integration of production and education, promote the training of rule of law talents, and cultivate and reserve more high-quality talents for the rule of law work team, especially the lawyer industry, Actively serve the construction of the rule of law and economic and social development.

2021-10-22

Lawyer Zhou Jiakui was invited to give lectures to cadres and workers of Jinan's housing construction system.

On October 20th, lawyer Zhou Jiakui, deputy director and senior partner of Zhongcheng Qingtai Jinan Institute, was invited to teach "Construction Project Legal Affairs and Risk Prevention" to relevant cadres and employees of the city's housing construction system at the "Jinan Construction Project Quality Safety and Dust Control Training Course". Focusing on the responsibilities of the housing and construction department and the theme of this training course, lawyer Zhou Jiakui designed the teaching content from the three sections of construction project safety supervision, quality supervision, and dust control, and carefully interpreted the ''Construction Project Safety Production Management Regulations'' and ''Construction Project Construction License Management Measures "and other regulatory documents introduced various measures issued by the Jinan Municipal Housing and Construction Bureau for safe construction and construction quality supervision, the vivid cases are cited to explain the connection between the administrative supervision of construction projects and civil disputes and criminal crimes, and to sort out the matters needing attention in the administrative punishment of the housing and construction department. This training has effectively improved the ability of the law enforcement staff of the city's housing construction system to perform their duties in accordance with the law and prevent risks, and won unanimous praise from the participants.

2021-10-21

Supreme Law Intellectual Property Dispute Determination Rules | Drug Patent Linking System to Make Patent Law Warm and Grounded

Drug, Patent Protection and Drug Patent Link System Medicine is a special commodity. It not only has the attributes of general commodities, but also has some special attributes because of its close relationship with human life and health. Compared with other technical fields, drug research and development is often more difficult because of the remarkable characteristics of "long cycle, high risk and high cost. As a result, pharmaceuticals rely on patent protection more than any other field of technology. A survey shows that without patent protection, 65% of drugs will not be developed and 60% of drugs will not be marketed. The development of medicines is also linked to public health issues, directly affecting the public's access to essential treatment and health services in many developing countries. Therefore, there is a need to establish a "balance" between the interests of pharmaceutical companies and public health ". In the field of medicine, drugs can usually be divided into original research drugs and generic drugs. Because it can directly promote the reduction of drug prices, generic drugs are an important basis for ensuring drug accessibility and benefiting public health. Original research drugs and generic drugs are both competitive and indispensable. Balancing the development of the two has become an important part of the design of the government management system, and the drug patent link system is produced in this context. The drug patent linkage system originated from the U.S. Drug Price Competition and Patent Period Compensation Act of 1984, the Hartke-Waxman (Hatch-Waxman) Act ". In the 1930 s, the "sulfonamide elixir incident" and "thalidomide incident" aroused the attention of the United States to drug safety issues, and carried out a series of reforms to the drug management system. The United States subsequently introduced a series of bills requiring pharmaceutical companies to prove the safety and effectiveness of their drugs in strict accordance with the requirements before they can be marketed. However, strict examination has also brought about a greater negative impact. On the one hand, the market monopoly period of original research drugs under patent protection has been greatly reduced; on the other hand, the cost of generic drugs has increased significantly. As a result, the pharmaceutical industry in the United States has fallen into a passive position, and drug prices have remained high for a long time. The original research drug companies and generic drug companies realize that they must cooperate to strive for policies and system design that are more conducive to industrial development. Subsequently, Hartke (Orrin Hatch), chairman of the U.S. Senate Labor Committee, who represents the interests of the original drug companies, and Representative Henry A.Waxman (Henry A.Waxman), a liberal Democrat who represents the interests of generic drug companies, jointly proposed the Drug Price Competition and Patent Period Compensation Act, which was signed and passed in 1984. For the first time, the bill sets up the system of extending the protection period of drug patent, the exemption system of infringement test and the data protection system of drug test, and the drug patent link system is also one of the important contents of the bill. Drug accessibility is the basic evaluation index of public health and well-being, and drug availability (mainly contribution of original research drugs) and affordability (mainly contribution of generic drugs) are the two ends of drug accessibility. The dynamic balance of interests at both ends of drug accessibility is regarded as the standard of the patent link system. The so-called drug patent link system has two meanings. One is the link between the approval of generic drug listing applications and the corresponding drug patent effectiveness review procedures; the other is the functional link between the drug supervision and administration department and the patent administration and judicial agencies. The effective coordination between the drug supervision and management department, the patent administrative department and the people's court is of key significance to the smooth operation of the system. The basic structure of the operation of the drug patent linkage system is to clearly stipulate the obligations of the original drug research enterprise in publishing patent information and the generic drug enterprise in making patent declarations, and to determine whether there is an objection to the patent issue based on the information provided by the two. If there is no objection between the two parties, the drug will be approved for listing according to the procedure; if there is an objection, the dispute will be resolved before the drug is listed by determining whether the patent is valid and whether the generic drug falls within the scope of patent protection. Therefore, the drug patent linkage system is often referred to as the "early resolution mechanism of drug patent disputes". The theoretical basis of the drug patent link system. Drug registration and approval is an important link to ensure drug quality and ensure the safety of human drug use. The drug registration approval system is also called the drug marketing administrative licensing system. The drug supervision and administration department examines the applications submitted by the drug marketing license applicants in accordance with the statutory marketing standards, and makes administrative licensing decisions in accordance with the law. Drug registration approval is an act of administrative empowerment, which is a legal act in which the administrative subject directly gives a specific administrative counterpart the legal qualification to engage in drug production and sales. The patent system is a legal monopoly granted by the state to the patentee for a limited period of time through the administrative power of the government for the purpose of encouraging innovation and promoting scientific and technological and social progress. Patent right is created by the legal system and granted by the administrative organ, but it still belongs to the category of private right in essence, and it is a property right with the nature of private right. From the aspects of system form, system purpose, system category and system operation mechanism, there is no inevitable connection between drug patent protection and drug marketing administrative license. However, based on the identity of protection and management objects, there is a certain connection between drug patent protection and drug registration approval. The reason why the drug marketing administrative license and drug patent protection should be linked is determined by the particularity of the drug itself. Based on the particularity of drugs, they are subject to administrative supervision and patent protection. The protection of drug patent rights and the administrative license for drug marketing belong to different fields and are under the management of different administrative departments, and the nature and responsibilities of the two departments are also different. From the perspective of external manifestations, there is no inevitable connection and cross-relationship between the two, and they operate under the framework of their respective institutional systems. However, the independent operation of the two systems will inevitably lead to conflicts between legal norms and interests. In order to overcome the shortcomings of the system caused by the independent operation of the two systems, make up for the defects of the system and reconcile the relevant conflicts of interest, it is necessary to consider the connection between the administrative licensing system of drug listing and the patent protection system through the corresponding system design. The design of drug patent link system skillfully combines the two, links the function between drug patent protection and administrative examination and approval, and can solve the system defects caused by the independent operation of the two systems. The independent operation of drug patent protection and drug marketing administrative licensing system, the separation of the functions of patent examination and authorization agencies and drug registration review and approval agencies, resulting in the lack of effective cooperation and communication between various departments, drug registration information and drug patent information asymmetry situation. In this case, patent applications for drugs are often earlier than drug registration, so patent infringement often occurs in the process of drug registration. According to the operating mechanism of the system, in principle, the legal status of drug patents does not affect the drug marketing license. The drug supervision and administration department has no right and obligation to examine the patent ownership status of the drug to be applied for marketing, nor is it obliged to notify the patentee of the patent ownership status of others in the drug registration application for drug invention and the statement that the patent of others does not constitute infringement. For the suspected infringement of drug marketing registration application, if the drug supervision and administration department can not determine whether the approval of the case, it may infringe on the registration rights and interests of the drug marketing registration applicant. According to the originality and novelty of drug material basis, drug registration application can be divided into new drug (also known as original research drug or patent drug) registration application and generic drug registration application. New drug registration applications have not been proven to be safe and effective, so detailed preclinical research data and clinical trial data are required to prove that the new drug meets the safety and effectiveness requirements. The application for generic drug registration is the imitation and imitation of new drugs. The safety and effectiveness of new drugs have been proved, so only bioequivalence test data need to be submitted. Under normal circumstances, only after the expiration of the effective patent protection period of the original research drug can the generic drug enterprise implement the new drug patent of the original research drug enterprise. Unlike the production and marketing of general products, the production and marketing of drugs need to go through a strict review process. Drug registration review and approval mainly carries out drug technical review to evaluate the safety and effectiveness of drugs, but not legal review. The legal status of the patent of the drug to be applied for listing does not affect the approval and marketing of the drug, and generic pharmaceutical enterprises take advantage of the shortcomings of this system to manufacture, sell and promise to sell patented drugs during the patent protection period of the original research drug, infringing the patent rights of the original research drug enterprises. In order to promote the timely listing of generic drugs, all countries have provided exceptions for patent infringement in their patent laws, providing a "safe harbor" for generic drug companies to exempt from infringement ". According to this, the original research drug company cannot initiate litigation procedures on the grounds that the registration of generic drugs infringes its patent rights, and can only seek judicial relief after the generic drugs are listed. At this time, it has caused irreparable losses to the original research drug's exclusive market interests. The act of drug listing registration declaration does not belong to the act of infringement of patent right, and the people's court usually does not make a determination on whether the declared generic drug falls into the scope of drug patent protection. However, drug marketing approval does not need to examine whether there is infringement of drugs, resulting in a large number of patent infringement of drugs on the market, a serious infringement of the legitimate interests of the original research drug pharmaceutical enterprises. At the same time, in the case of patent infringement, approved drugs will face the risk of stopping the production, manufacture and sale of infringing drugs, destroying the inventory of infringing drugs and huge compensation, which wastes social resources and increases social costs. Therefore, a system design is needed to protect the legitimate interests of the original drug research enterprises, provide pre-market rights relief channels for the original drug research enterprises, and prevent and stop the occurrence of patent infringement in the drug registration approval process. The main function of the drug patent linkage system is to provide a way to resolve patent disputes before the approval of generic drugs, and to improve the predictability and certainty of the listing of generic drugs. From the perspective of the Constitution, private property rights, as the basic rights of citizens, are protected by the Constitution, and any administrative organ should respect citizens' legitimate private property rights in accordance with the Constitution, and the exercise of public power shall not infringe upon citizens' legitimate private property rights. The drug patent link system meets the requirements of the constitution to protect private property rights, provides effective remedies when property rights are violated, and provides institutional guarantees for the realization of property value. Administrative license is a kind of beneficial administrative act, which is a kind of right or qualification granted by the licensing authority to the applicant. Whether or not to grant administrative license is related to the interests of the applicant, interested parties, the public and other subjects. The value orientation of administrative licensing is to protect the basic rights of citizens as the core, while taking into account the convenience of administrative management and improving administrative efficiency. One of the basic functions of administrative licensing is to protect citizens' personal and property safety and public interests. The administrative counterpart (the applicant) obtains the license, exercises the licensed rights, and obtains the relevant benefits. Such interests are likely to infringe upon the legitimate rights and interests of others, so it is necessary to go through strict procedural examination and grant relief procedures to interested parties before approval, such as setting up a hearing system in administrative licensing procedures. In the administrative license review procedure, in addition to examining the applicant's subject qualification (right ability and behavior ability), whether the application conforms to the legal procedure and form, and whether it conforms to the relevant conditions stipulated by laws and regulations, the licensing authority shall also examine whether it infringes upon the public interest or the interests of interested parties. When examining an application for administrative license, the licensing authority shall inform the interested parties if it finds that the administrative license matters are directly related to the vital interests of others. The applicant and the interested parties shall have the right to state and defend themselves, and the licensing authority shall guarantee the right of the interested parties to express their opinions. As the statutory administrative licensing authority for the marketing of drugs, the pharmaceutical supervisory and administrative department shall follow the basic principles and systems of the general procedures for administrative licensing. In the application procedure of drug marketing license, if the generic drug applied by the generic drug applicant involves a valid patent, the issuance of the marketing license by the drug regulatory department will have an adverse impact on the patentee of the new drug. The act of issuing a license to infringe on the patent right of others by the pharmaceutical supervision and administration department violates the basic spirit of the Constitution's provisions on property rights. Therefore, the drug supervision and administration department has the obligation and responsibility to ensure that the drugs issued with the marketing license do not infringe the patent rights of others, and provide sufficient time and relief opportunities for the patentee or interested parties to safeguard their rights. From the perspective of the division of functions of state agencies, the drug supervision and administration department does not have the functions, technology, personnel, professional knowledge and experience to review the validity of patent rights and judge whether it is infringing or not. It is not reasonable for it to preside over the hearing procedure to judge whether the generic drug to be applied for listing infringes the patent rights of others. From the point of view of economic benefit and efficiency, the examination and judgment of patent infringement is time-consuming and laborious, and it is not enough to be examined and judged by the drug supervision and administration department. From the point of view of right relief, patent right is the right granted by the patent administrative department, but it still belongs to the category of private right in essence, whether the infringement should be solved by the right holder through administrative or judicial channels. The drug patent linkage system can be regarded as an alternative procedure to the hearing procedure, and the patent right holder or interested party of the drug to be listed shall resolve the patent right dispute through administrative or judicial channels in the drug approval process. The advantages of this approach are: first, it is conducive to ensuring the registration rights and interests of drug registration applicants; second, it is conducive to ensuring that the drug marketing license issued does not infringe upon the legitimate rights and interests of new drug patentees; third, it is conducive to improving the efficiency of drug examination and approval by drug supervision and administration departments; fourth, it is helpful to prevent the risk of patent infringement in the listing of generic drugs. Development Status of China's Pharmaceutical Industry and Development Course of Drug Patent Link System Development Status of Chinese Pharmaceutical Industry in (I) In January 2020, China and the United States signed an intergovernmental economic and trade agreement, in which Articles 1.11 and 1.12 of Section III, "Drug-related intellectual property rights", became the direct impetus for the early resolution mechanism of drug patent disputes in China. From a deeper level analysis, the fundamental reason for promoting the establishment of this mechanism is that the stable and rapid development of my country's pharmaceutical industry, the health needs of the people, and the adjustment of industry policies have put forward higher requirements and new challenges to the drug patent protection policy. From 2016 to 2020, the number of applications for registration of domestic chemical innovative drugs in China has increased from 77 varieties to 258, and the number of varieties approved for clinical trials has increased from 91 to 298, showing a trend of rapid growth (see Figure 4 and Figure 5); since 2018, the number of class 1 chemical innovative drugs approved by China has also begun to grow explosively (see Figure 6). It is foreseeable that a considerable number of domestic innovative drugs will be approved for marketing in the next few years, and the need to strengthen domestic drug patent protection is becoming more and more urgent. Although the innovation ability of China's pharmaceutical industry has made great progress in recent years, there is still a significant gap compared with the world's advanced level. According to statistics, among the 840 small molecule chemical drugs approved in the world from 2005 to 2020, only 6% of the new drugs were approved for the first time in China, and only about 40% of the original drugs were registered and imported in China. At this stage, the innovative drugs approved for listing in China every year are still mainly imported drugs, and there are only a handful of domestic innovative drugs. The number of generic drug applications (ANDAs) accepted by the National Drug Administration's Drug Review Center each year is much larger than the number of new drug applications (NDAs) (see Figure 7). Therefore, although the overall innovation level of my country's medicine is steadily improving, it still belongs to and will be a large producer of generic drugs for a long time. How to encourage innovation while promoting the development of generic drugs is a huge challenge for my country's pharmaceutical patent protection; in addition, my country's pharmaceutical market Development space

2021-10-20