Viewpoint | Analysis of the Legitimacy of the Secret Period Agreement

With the rapid development of economy and society, the business competition among enterprises is becoming more and more fierce. Under this background, trade secrets have become the key protection object of each enterprise. In order to prevent the leakage of their own trade secrets, more and more enterprises often formulate strict confidentiality mechanism to prevent the leakage of secrets from damaging the interests of the company. Therefore, more and more employers in the labor contract to join the "secret period" clause, or a separate "secret period agreement" signed with employees, in order to achieve the goal of protecting business secrets, then the employer and employees signed the secret period agreement is effective? This article will be analyzed through the judicial practice of typical cases. The meaning of the first densification period and its constituent elements. The confidentiality period means that the employer can agree that the employee who has business secrets must notify the employer in advance before leaving the company and work for the employer for a certain period of time. After the expiration of the period, the confidential employee can officially leave the company. Within this period, the employer will transfer the confidential employee to a department that does not need confidentiality. Therefore, the secret period essentially belongs to the "advance notice period", which is a way adopted by the employer to protect trade secrets. According to the above definition of the densification period, it can be seen that the densification period can be understood from the following three levels: Applicable object: the secret period system is only applicable to employees who really need to keep the secrets of the enterprise. Because the system of the secret period eliminates the rights of employees to a certain extent, it must be necessary to be recognized. In practice, individual enterprises arbitrarily agree on the secret period in order to prevent the loss of employees, which is likely to be invalid by the court because of the lack of necessity. Demystization measures: that is, to adjust their jobs and change the relevant contents of the labor contract. Period required: no more than 6 months. According to the "Notice on Several Issues Concerning the Mobility of Enterprise Employees" of the former Ministry of Labor and some local regulations, the time limit for the removal of secrets is required to be no more than 6 months. Analysis of the Legitimacy of the Second Secret Period Agreement From the above definition of the demission period, we can find that the departure time stipulated in the demission period is contrary to the departure time stipulated in Article 37 of the the People's Republic of China Labor Contract Law, which stipulates "30 days in advance written notice (3 days in advance notice during the probation period). According to Article 37 of China's Labor Contract Law, "the laborer may terminate the labor contract by notifying the employer in writing 30 days in advance. The laborer may terminate the labor contract by notifying the employer three days in advance during the probation period". Article 37 of the Labor Contract Law is that the law gives workers the right to unilaterally terminate the labor contract. It is the law that gives workers the right to choose employment independently. No unit or individual may interfere, and the confidentiality period agreed between the employer and the worker is often It is longer than 30 days, does this belong to a restriction on the laborer's right to unilaterally terminate the contract? In other words, does the employer and the employee sign a confidentiality agreement for more than 30 days in accordance with the law? There are two different views on this issue in judicial practice, one is that the agreement on the period of confidentiality is valid, and the other is that the agreement on the period of confidentiality is invalid. 1. Judicial point of view 1: The confidentiality period agreed between the worker and the employer cannot be a cause that hinders the termination of the labor contract, and does not affect the termination of the labor relationship between the two parties. Legal basis: Article 37 of the Labor Contract Law stipulates: "The laborer may terminate the labor contract by notifying the employer in writing 30 days in advance. The laborer may terminate the labor contract by notifying the employer three days in advance during the probation period". Case 1: The Intermediate People's Court of Chengdu City, Sichuan Province held in the civil judgment (2014) Chengmin Zhong Zi No. 537 that "In this case, Fan Hong submitted a written resignation report to Qianfeng Company on November 12, 2012, and resigned after signing the" Letter of Confidentiality Undertaking for Leave/Leave "on December 27, 2012 as required by Qianfeng Company, thus terminating the labor relationship with Qianfeng Company. Fan Hong terminated the labor relationship with Qianfeng Company in accordance with the law, and the labor relationship between the two parties was terminated on December 27, 2012. ...... The Court held that in this case, Fan Hong's act of terminating the labor relationship was in line with the provisions of China's labor laws and regulations, and whether Fan Hong signed the confidentiality undertaking, whether he was in the confidentiality period and whether he fulfilled the corresponding confidentiality obligations in accordance with the agreement, etc., could not be the cause of hindering the dissolution of the labor relationship between the two parties, and did not affect the dissolution of the labor relationship between the two parties". Case 2: The Beijing No. 3 Intermediate People's Court held in the (2015) No. 07030 Civil Judgment of the Third Intermediate People's Court that "the laborer can terminate the labor contract by notifying the employer in writing 30 days in advance. The employer shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination of the labor contract. In this case, Duan Hongtao proposed to the Analysys Company to terminate the labor relationship on December 23, 2013. Analysys Company approved Duan Hongtao to work until January 24, 2014. Therefore, Analysys Company should issue a certificate of termination of the labor contract to Duan Hongtao in accordance with the law. Analysys appealed that Duan Hongtao did not notify Analysys in writing 6 months in advance of his resignation as agreed in the labor contract. Analysys did not agree to issue a resignation certificate for him, which has no basis and is not supported by this court". Therefore, the judicial view holds that "the laborer can terminate the labor contract by notifying the employer in writing 30 days in advance" is a mandatory provision of the Labor contract Law on the protection of the laborer's right to resign. The laborer has fulfilled the legal obligation by notifying the employer 30 days in advance, regardless of whether the laborer has signed the confidentiality undertaking, whether it is in the unclassified period and whether it has fulfilled the corresponding confidentiality obligation as agreed, neither can be a cause that hinders the termination of the labor relationship between the two parties, and does not affect the termination of the labor relationship between the two parties, that is, the termination of the labor contract is not based on the completion of the discharge period, and the "discharge period" is invalid due to violation of the provisions of the labor law. 2. Point 2: The employer may agree with the worker on the period of release on his own, and the worker shall abide by the commitment of the release period made by him. Relevant regulations: Article 2 of the original Ministry of Labor's "Notice on Several Issues Concerning the Mobility of Enterprise Employees" (Labor Department Fa [1996] No. 355) stipulates that "When the employer and the employee who has commercial secrets agree in the labor contract to keep commercial secrets related matters, it can be agreed within a certain period of time (no more than six months) before the termination of the labor contract or after the employee proposes to terminate the labor contract, adjust their jobs and change the relevant content of the labor contract". The first paragraph of Article 23 of the "Labor Contract Law": "The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights". Case 1: Beijing No.2 Intermediate People's Court held in (2018) Beijing 02 Minzong No. 357 Civil Judgment (the employer is Beijing Branch of Ping An Bank Co., Ltd.) that "Xu Xiaoxi mailed a written resignation report to Beijing Branch of Ping An Bank on October 17, 2016, which was received by Beijing Branch of Ping An Bank on October 18, 2016. The ruling No. 466 of Jingxi Lauren Zhong Zi [2017], which has come into effect, finds that Ping An Bank Beijing Branch and Xu Xiaoxi have agreed to a six-month unsealing period in accordance with the law, and the labor relationship between the two parties shall be terminated after the expiration of the unsealing period. The" Letter of Commitment "approved by both parties has stated that the six-month period after I proposed to terminate the labor contract is my confidentiality period. Therefore, the court of first instance determined that the labor relationship between the two parties was terminated on April 19, 2017, and Ping An Bank Beijing The branch should issue a certificate of termination of the labor contract for Xu Xiaoxi, and handle the procedures for the transfer of files and social insurance, which is not improper". Case 2: Shanghai Pudong New Area People's Court held in (2016) Shanghai 0115 Minchu No. 1291 Civil Judgment (the employer is China Merchants Bank Co., Ltd. Shanghai Branch) that "the secret period means that the employer can agree that the person holding trade secrets must notify the employer in advance before leaving office and work for the employer for a certain period of time. The employee can formally leave office only after the expiration of the period. During this period of time, the employer can transfer employees to work in departments that do not require confidentiality to ensure that employees are no longer exposed to new trade secrets. Therefore, the essence of the confidentiality period is the advance notice period. China's current labor contract law stipulates that workers can terminate the labor contract by notifying the employer in writing 30 days in advance. However, the Labor Contract Law does not clearly stipulate that the employer shall not set a period of secrecy. During the performance of the labor contract, the plaintiff and the defendant signed a" secret agreement "with a period of no more than 6 months, which is a consensus reached by both parties after consultation and on the basis of equality and voluntariness. The agreement is the true intention of both parties, and the plaintiff and the defendant should abide by and perform according to the contract". Case 3: The Higher People's Court of Hebei Province held in (2020) Jimin Shen No. 5887 Civil Ruling (the employer is Shijiazhuang Branch of Bank of Hebei Co., Ltd.) that "the labor contract and confidentiality agreement signed by both parties are their true intentions. There is no violation of the validity of laws and regulations on the invalidity of the contract, and both parties shall perform their respective obligations in strict accordance with the contract. Among them, the agreement between the two parties on the period of secrecy means that the laborer shall notify the employer in advance before leaving the company, and the employer shall transfer the laborer to a department that does not need to be kept confidential for work injury, and the formal resignation shall not be allowed until the period of secrecy expires. The agreement does not violate the compulsory validity provisions of laws and regulations, and is also in line with the current situation of social employment". Therefore, the judicial view is that Article 37 of the Labor Contract Law does not prohibit enterprises and employees from agreeing on a confidentiality period, and that the 30-day notice period is the lower limit rather than the upper limit of the period. Moreover, the agreement on the secret release period is a consensus reached on the basis of equality and voluntariness of both parties. The agreement is the true intention of both parties. The employee has the right to dispose of his right to release, and both parties should abide by and perform according to the agreement. 3. Point of view analysis From the above cases, it can be seen that the validity of the secret period agreement is controversial in different cases, and both of the above views have their basis for existence. Among them, it is believed that the validity of the secret period agreement is mainly based on: First, the provisions of the "Notice on Several Issues Concerning the Mobility of Enterprise Employees" issued by the Ministry of Labor on October 31, 1996 are still in force, and the "Beijing Labor Contract Regulations" issued by the Beijing Municipal People's Government on December 24, 2001. Regulations of Shanghai Municipality on Labor Contracts issued by the Standing Committee of the Shanghai Municipal People's Congress on November 15, 2001 and the "Implementation of the Regulations on Labor Contracts issued by the Shanghai Municipal Labor and Social Security Bureau on January 5, 2004<上海市劳动合同条例>Some provinces and cities, such as the regulations on Labor contracts of Jiangsu Province (revised in 2013) issued by the standing Committee of the Jiangsu Provincial people's Congress on January 15, 2013, have also made clear provisions on it, so the agreement on the secret period is in line with the regulations; second, the agreement on the secret period is the result of equal consultation between employees and employers, which is the true intention of both sides, therefore, the point of view of the validity of the densification period agreement is adopted. Among them, it is considered that the agreement of the secret period is invalid, mainly based on the consideration of legal hierarchy and legal effect. First, from the perspective of legal level, according to the provisions of Article 88 of the Legislative Law, "the effect of law is higher than that of administrative regulations, local regulations and rules". The highest legal level in the relevant provisions on the "advance notice period" for employees to leave should be the Labor Contract Law. Therefore, the provisions of Article 37 of the Labor Contract Law should apply the notice period of 30 days in advance (three days in advance during the probation period). The provisions of Article 37 of the "Labor Contract Law" are legal rights granted to workers, that is, as long as the employer is notified in advance within the time limit stipulated in the "Labor Contract Law", it has the right to terminate the contract. Laws and regulations below the legal level cannot deprive and change the rights granted to workers by the law; second, from the perspective of legal effect, the Labor Contract Law came into effect in 2008, and the Notice on Several Issues Concerning the Mobility of Enterprise Employees came into effect in 1996. The local laws and regulations in Beijing and Shanghai all came into effect before 2008. According to the principle that the new law is superior to the old law and the upper law is superior to the lower law, the Labor Contract Law has the characteristics of both the new law and the upper law, so the provisions of the Labor Contract Law should be applied and the view that the agreement on the secret period is invalid should be adopted. The author believes that the protection of business secrets is the normal business needs of employers, and the law needs to achieve the maximum balance between the interests of employers and employees. If the secret period system is determined by both employers and employees through negotiation, there is no factor to destroy this balance. The author believes that the secret period system is not illegal, but in the current judicial practice, whether to support the extension of the advance notice period for the voluntary resignation of workers through the secret period agreement is supported, it is difficult to draw a single, definitive conclusion. Although the time limit for the voluntary resignation of workers under the time limit system has not been clearly affirmed in the form of laws and regulations, if the employer and the worker make an agreement through consensus, the agreement is not of course invalid, and factors such as whether the employer does protect the legality and rationality of trade secrets through the time limit for the time limit for the time limit for the time limit for the time limit for the time limit for the time limit for the time limit for the time limit for the time limit for the time limit for the release, and the time limit for the time limit for the time limit for the time limit. Can the salary bonus during the three-year-old period "change with the post"? Regarding the question of whether the salary and bonus during the secrecy period can be "salary changes with post", it still needs to be specifically analyzed in combination with the rules and regulations issued by the local human resources department, but so far the rules and regulations in most regions have not clarified this issue, for example, Article 2 of the "Notice on Several Issues Concerning the Mobility of Enterprise Employees" issued by the former Ministry of Labor only stipulates that employers can sign a confidentiality period of no more than six months with employees, but it does not stipulate whether the salary can be changed with the post during the confidentiality period. Article 18 of the "Beijing Labor Contract Regulations" issued by the Beijing Municipal People's Government and Article 15 of the "Shanghai Labor Contract Regulations" issued by the Standing Committee of the Shanghai Municipal People's Congress are the same. There are also some local laws and regulations that stipulate that the wages during the secret period shall be determined through consultation between the employer and the employee. For example, Article 27 of the regulations on Labor contracts of Jiangsu Province stipulates that the employer may, in the labor contract or confidentiality agreement, make an agreement on the advance notice period for the worker to terminate the labor contract, as well as the post adjustment and labor remuneration during the advance notice period. In addition, there are also some local laws and regulations that clearly stipulate that employers shall not reduce the labor remuneration of employees during the secrecy period. For example, Article 19 of the opinions on standardizing labor relations issued by Qingdao Municipal Bureau of human resources and social security (at present, the document has become invalid but has reference significance): when the employer and the employee with the obligation of confidentiality agree in the labor contract to keep trade secrets and confidential matters related to intellectual property rights, they may agree to adjust their work positions and change the relevant labor contract within six months before the termination of the labor contract. Content, but the employer shall not reduce the labor remuneration of the employee. Therefore, on whether the employee's salary bonus during the demystification period is</上海市劳动合同条例>

2021-10-19

The second phase of the party spirit education training course for young lawyers in Shandong Province visited Zhongcheng Qingtai Jinan Institute for exchange.

On October 19, the students of the second phase of the party spirit education training course for leading talents of Shandong young lawyers visited Zhongcheng Qingtai Jinan Institute for exchange. He Zefeng, deputy director of Zhongcheng Qingtai Jinan Institute, Song Huidong, director of Urban Construction Real Estate Department, and Wu Haiyang, senior partner, warmly received them and led the trainees to visit the office environment of Zhongcheng Qingtai Jinan Institute. The party spirit education training course for leading talents of Shandong young lawyers is a special training course held by the Party committee of Shandong lawyer industry to strengthen the training of young lawyers and build a team of high-quality young lawyers. The trainees mainly come from law firm partners and backbone lawyers with firm political stand, outstanding professional ability and strong sense of mission and responsibility. After visiting the office environment of the law firm, the trainees communicated with Zhongcheng Qingtai lawyers. Lawyer He Zefeng introduced in detail the development history, business structure, party building work, cultural construction and other aspects of Zhongcheng Qingtai, so that the visiting students had a deeper understanding of Zhongcheng Qingtai Law. The two sides conducted in-depth discussions on issues related to the development of law firms, shared personal opinions on the training of young lawyers and the professional construction of law firms, and created a good atmosphere for discussion.

2021-10-19

Real estate perspective: the summary and interpretation of the key provisions of the "Jinan City Collective Construction Land Management Measures (Trial)".

Recently, the General Office of the Jinan Municipal people's Government issued the measures for the Administration of Collective Construction Land in Jinan (for trial implementation) (JZBF [2021] No. 21, hereinafter referred to as the "measures"). The aim is to further strengthen the management of collective construction land, standardize the examination and approval of the right to the use of collective construction land, prudently promote the entry of collective construction land into the market, and build a unified urban and rural construction land market. This paper attempts to interpret from the following aspects: Drafting background and process The "the People's Republic of China Land Management Law" (hereinafter referred to as the "Land Management Law") implemented on January 1, 2020 clearly stated for the first time the legal requirements for collective operating construction land to enter the market. Article 63 of the "Land Management Law" stipulates: "The overall land use planning, urban and rural planning (land and space planning) are determined as industrial, commercial and other operating uses, and the collective operating construction land is registered in accordance with the law, the owner of the land may hand it over to the unit or individual for use by means of transfer, lease, etc". The "Regulations on the Implementation of the Land Management Law" implemented on September 1, 2021 further refined and clarified the entry of collective operating construction land into the market. At the level of Jinan City, the 2021 "Government Work Report" included "improving the rural collective construction land management system and promoting the entry of collective operating construction land into the market" as a matter of deepening agricultural and rural reform in 2021. At the same time, in order to actively promote the entry of collective operating construction land into the market, Jinan City has also been actively establishing and improving the collective operating construction land management supporting system. In the above context, the Jinan Municipal People's Government closely combined with the actual situation of Jinan City, drafted the "Jinan City Collective Construction Land Management Measures (Trial)", the "Measures" has been by the Jinan Municipal People's Government Office on October 13, 2021 Officially issued, effective from December 1, 2021. Clarify the use scope of collective construction land In order to solve the problems of unclear use scope and weak operability of rural collective construction land in practice, the "Measures" further clearly define the use scope of collective construction land. Article 5 of the measures clearly stipulates the scope of project construction that can use collective construction land, namely: first, villager (resettlement) residential quarters (including supporting facilities); second, public welfare undertakings and public facilities projects; third, industrial storage, commercial, tourism, entertainment and other business projects; fourth, major (key) projects such as indemnificatory public rental housing determined by governments at or above the district and county level; the fifth is the bottom clause, that is, other construction projects that meet the requirements. Further standardize the approval process The second chapter of the measures stipulates the implementation scope, procedures, application materials and approval documents of the examination and approval of the right to the use of collective construction land. Article 8 of the "Measures" stipulates that the scope of examination and approval shall be other collective construction land except for collective business construction land such as industrial storage, commerce, tourism, and entertainment that enter the market in accordance with the law. Article 9 of the "Measures" and the application materials for land use shall be approved by the town government (sub-district office), the district natural resources department, and the district government in turn. Articles 10 and 11 of the measures further clarify the application materials and approval documents under the scope of examination and approval for the implementation of the right to the use of collective construction land. Detailed provisions on the entry of collective operating construction land into the market Chapter III of the measures specifies in detail the relevant concepts, implementation subjects, entry conditions and procedures to be performed for the entry of collective operating construction land into the market. Article 12 and Article 13 of the "Measures" respectively stipulate the concepts of collective operating construction land and collective operating construction land entering the market. Collective operating construction land refers to the collective construction land that is determined by the land space planning (overall land use planning, urban and rural planning) as industrial warehousing, commerce, tourism, entertainment and other operational uses, and the land ownership registration is handled in accordance with the law. The entry of collective business construction land into the market refers to the act that the land owner, through the open land market, hands over the land use right to other units or individuals for use in a certain period of time by means of transfer, lease, capital contribution (shareholding) and other paid means. Among them, the maximum service life of collective construction land shall be implemented with reference to state-owned construction land of similar use; the land lease period shall generally not be less than 5 years, and the maximum shall not exceed 20 years. Article 14 of the measures stipulates that the main body of collective business construction land entering the market is the land owner (collective economic organization), and Article 15 stipulates that the transfer methods of collective business construction land include competitive transfer methods such as bidding, auction and listing, and agreement transfer. Article 18 of the measures also clearly stipulates the conditions that should be met for the entry of collective business construction land into the market. The first is to meet the requirements of national industrial policy, land use, ecological environment protection, etc.; the second is to clarify the source of construction land, land property rights, clear boundary sites, and no ownership disputes; the third is to clean land or above-ground buildings, structures and other attachments The ownership is clear. It should be noted that the state's requirements for state-owned construction land must be "net land" transfer; fourth, it has the basic conditions required for development and construction. Article 22 of the Measures provides more detailed regulations on the procedures that should be performed for the entry of collective operating construction land into the market. In summary, there are mainly the following procedures: First, the main body of the market compiles the land entry plan; second, the land entry plan is submitted to the relevant departments for review; third, if the market is entered by agreement or lease, it needs to be reported to the district government for approval; if the market is sold in a competitive manner, after the corresponding approval, incorporate into the public resource trading platform, uniformly organize the public bidding of land, and the market entry subject issues the market entry transaction announcement as required; fourth, the market entry subject publicizes the land entry result or transfer result in accordance with the regulations; fifth, the market entry subject and the person who has obtained the land use right sign the "Collective Operating Construction Land Use (Lease) Contract". In addition, the right holder who has obtained the right to use collective construction land in accordance with the law can apply to the real estate registration agency in the district for registration of the right to use after paying the land price, related taxes and fees and value-added income. Clearly defined payment standards The Measures also stipulate the standards for the fees that should be paid for the entry of collective construction land into the market. Article 24 of the Measures clarifies that collective business construction land shall pay part of the land value-added income when entering the market, industrial storage land shall pay 20% of the net land income, and commercial service (commercial, tourism, entertainment, etc.) land shall pay 50% of the net land income. The net income from land shall be determined by the district governments with reference to the calculation method of the net income from similar state-owned construction land and in the light of the actual situation. In addition, Article 25 of the "Measures" stipulates that when collective business construction land enters the market, the person who obtains the land use right shall pay deed tax at 3% of the land transaction price. This provision is also a reference to the applicable tax rate for the payment of deed tax on the sale of state-owned land.

2021-10-18

Director Geng Guoyu Elected Executive Director of the 10th All-China Lawyers Association Director Ma Changsheng Won the National Outstanding Lawyer

From October 13 to 15, 2021, the 10th China National Lawyers Congress was held in Beijing. Geng Guoyu, director of Zhongcheng Qingtai Jinan Institute, attended the meeting as a lawyer representative of Shandong Province. The conference comprehensively summarized the work of the Ninth National Lawyers Association Council, elected the leadership of the Tenth National Lawyers Association, revised the Constitution of the All-China Lawyers Association, established the National Lawyers Association Supervisory Board, and commended a group of national outstanding law firms And national outstanding lawyers have made comprehensive arrangements for the work of lawyers in the new era. Geng Guoyu, director of Zhongcheng Qingtai (Jinan) law firm, was elected executive director of the 10th National Law Association, and Ma Changsheng, director of Zhongcheng Qingtai (Dongying) law firm, was awarded the title of national excellent lawyer.

2021-10-17

Building Dreams Together and Creating Brilliance Again | Zhongcheng Qingtai Jinan Regional Young Lawyer Development Forum Successfully Held

2021 is the first year of the new five-year development plan of Zhongcheng Qingtai, and it is an important node for the steady development of the mainstream national institute with international influence. Zhongcheng Qingtai Jinan region has been accumulating new forces, and the law firm culture has been passed on from generation to generation. On October 17, in order to empower young lawyers to grow up and enhance the core competitiveness of Zhongcheng Qingtai, Zhongcheng Qingtai Jinan Institute held the 2021 Youth Lawyer Development Forum, which was attended by more than 100 young lawyers under the age of 35 and within one year of admission. On the morning of the 17th, Liu Chunxiao, a specially invited guest from Guangdong Huajin Law Firm, brought a special topic to young lawyers on "Communication and Persuasion Cultivation of Young Lawyers. Lawyer Liu described the ways and skills of young lawyers in business negotiations, court trials, public speeches and lectures, media and self-media publicity. At the same time, he shared his own experience and pointed out the current young lawyers. The shortcomings of the company encourage everyone to go out more, temper their legal professional skills, improve their self-cultivation, and accumulate and precipitate for future development. The morning activity was presided over by lawyer Du Wentang, deputy director of Zhongcheng Qingtai Jinan Free Trade Zone. On the afternoon of the 17th, under the auspices of lawyer Zhao Kaiyong, director of the second urban construction and real estate department of Zhongcheng Qingtai Jinan Institute, the keynote speakers appeared in turn. Geng Guoyu, Secretary of the Party committee and director of Zhongcheng Qingtai (Jinan) law firm, delivered a keynote speech on "risk control, building a solid foundation, cultural heritage and future. Director Geng took time as the axis, clearly displayed the 33-year history of Zhongcheng Qingtai in front of all young lawyers, and explained Zhongcheng Qingtai culture to everyone from the five aspects of "morality, gathering, wide, harmony and diligence". The extraordinary development path of the law firm moved every Zhongcheng Qingtai person. Wang Yan, secretary of the party branch of Zhongcheng Qingtai Jinan Free Trade Zone, shared the theme of "how young lawyers empower themselves", from the two aspects of cooperation, expansion and specialization, combined with their own practice experience, put forward targeted work suggestions, which benefited young lawyers a lot. Lawyer Zhao Xuan of Zhongcheng Qingtai 'an Institute (to be established) shared the theme of "First Experience of Lawyers". He shared the growth experience of young lawyers from the three dimensions of "broadening one's horizon, accumulating practical experience", "not afraid of difficulties, adhering to fairness and justice", "standardizing practice and bravely shouldering social responsibility" and won strong resonance from participating lawyers. Chen Xiaotong, a lawyer from Zhongcheng Qingtai Jinan Institute, gave a keynote speech on "Riding the Wind and Breaking the Clouds-Breaking the First Bottleneck on the Road of Practice". He deeply analyzed the four stages of lawyers' growth, encouraged new lawyers to adhere to the practice attitude of "being a lawyer before being a person, and a lawyer is a noble cause", and followed the cooperative belief of "there is no perfect individual, but a perfect team, pursuing the business development goal of" income-generating goals, win-win cooperation, platform advantages, and adherence to principles ", the cloud process started at this time, riding the wind and waves. Duan Shuwen, a lawyer from Zhongcheng Qingtai Jinan Institute, shared the theme of "taking advantage of youth, now". Focusing on "why do we choose to be a lawyer", "necessary skills for lawyers", "psychological process of lawyer's growth" and "small tip of lawyer's work", combined with his own practice experience, he shared the super-practical dry goods of young lawyers' growth and guided the growth of young lawyers on the spot. At the end of the forum, lawyer Han Honggang, director of Zhongcheng Qingtai General Office, delivered a closing speech. Director Han expressed his expectations and wishes for young lawyers. He said that Zhongcheng Qingtai Law Firm continues to pay attention to the training and development of young lawyers, is committed to improving the professional ability of young lawyers, leading career planning, and encouraging young lawyers to be diligent in thinking, Dare to practice, ride the wind and waves, walk hand in hand, and create the imprint of the times worthy of youth.

2021-10-17

Building Dreams with One Heart and Creating Brilliance Again | Zhongcheng Qingtai Jinan Regional Welcome League Building Activities Successfully Held

On October 16, 2021, Zhongcheng Qingtai Jinan Regional Trade Union, Youth League Branch and Human Resources Executive Group jointly held the 2021 Zhongcheng Qingtai Jinan Regional Youth League Construction Activity. On the morning of the 16th, the team took a bus to the Jiu Nvfeng Rural Resort in Mount Tai for quality development training activities. All the members were divided into 12 activity groups, which successively stimulated the morale of the team and broke through the self-limit through four events: ice-breaking group construction, post station transfer, supersonic team and rapid 60 seconds. Each activity group cooperated with each other in a tacit understanding and bravely competed for the first place, detonating the potential of the team. All members felt the importance and fun of team cooperation deeply in the activity. The mountain breeze was clear, the laughter was full and warm. After the event, the team members held a dinner, tasted delicacies, and entertained in parallel. This is not only a party, but also a courtesy. There is friendship, warmth, and belonging here, releasing the passion and igniting the night. Amid the cheers and applause, this expansion event ended perfectly. Through this group building activity, Zhongcheng Qingtai Jinan regional lawyers enhanced exchanges, in-depth understanding, enhanced team cohesion, improved the sense of responsibility and mission as a member of Zhongcheng Qingtai family, and played a positive role in improving work efficiency and cooperative development of business. Zhongcheng Qingtai lawyers will greet the colorful tomorrow with a more calm and confident state.

2021-10-16

Director Ai Xiansong of Zhongcheng Qingtai Dezhou Institute and lawyers Chen Mingming, Li Qian and Li Dezhi were invited to attend the high-quality development precision docking meeting of Dezhou City's service-specialized and new "little giant" enterprises.

In order to further promote the public service demonstration platform for small and medium-sized enterprises to provide high-quality services for national specialized and new "little giant" enterprises, to help our city's specialized and new "little giant" enterprises develop with high quality, and to promote the digital and intelligent transformation and application of our city's enterprises, under the guidance of Dezhou Bureau of Industry and Information Technology and sponsored by Dezhou Vision Information Technology Co., Ltd, shandong Zhongcheng Qingtai Law Firm and other units co-organized the Dezhou City Service Specialized Special New "Little Giant" Enterprise High Quality Development Precision Docking Meeting on the morning of October 15 at Kaiyuan Hot Spring Hotel in Dezhou Economic Development Zone. At the meeting, the Dezhou Specialized and Special New "Little Giant" Service Provider Alliance was established, which will provide accurate docking services for small and medium-sized enterprises in eight major areas, including management consulting and technological innovation services, trademark patent and qualification certification services, financial financing guarantee services, financial tax consulting services, legal and rights protection services, innovation and entrepreneurship counseling services, information digital e-commerce services, logistics and other services. A total of nearly 200 people attended the meeting, including relevant leaders of the Provincial Department of Industry and Information Technology, responsible persons of the Municipal Bureau of Industry and Information Technology and the industry and information bureaus of various counties and cities, relevant responsible persons of provincial specialized and special new enterprises and "Little Giant" enterprises. Director Ai Xiansong of Shandong Zhongcheng Qingtai (Dezhou) Law Firm and lawyers Chen Mingming, Li Qian and Li Dezhi were invited to attend the meeting. At present, Dezhou City has cultivated 659 municipal-level "specialized and special new" small and medium-sized enterprises, 160 provincial-level "specialized and special new" small and medium-sized enterprises, and 14 national specialized and special new "little giant" enterprises. Zhongcheng Qingtai adheres 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". It provides professional legal services for the "little giant" in the aspects of intellectual property innovation, standardized governance of enterprises, and orderly docking with the capital market, so as to help the high-quality and standardized development of enterprises.

2021-10-15

I do practical things for the masses | Shandong Zhongcheng Qingtai (Dezhou) Law Firm Lawyers Carry out Lectures on Intellectual Property Law Popularization for Enterprises in Dezhou Economic and Technological Development Zone

In order to actively respond to the theme practice activity of "I do practical things for the masses" of Dezhou Judicial Bureau, and further enhance the intellectual property awareness of enterprise managers, Shandong Zhongcheng Qingtai (Dezhou) Law firm was invited by Lu Yujian to enter Dezhou Zhongyuan Science and Technology Innovation and Entrepreneurship Park to carry out law popularization lectures. The Civil Code and the newly revised Patent Law, Copyright Law, Trademark Law, Anti-Unfair Competition Law and other separate laws and regulations on intellectual property rights have introduced the punitive compensation system for civil infringement of intellectual property rights, and in 2021, the Supreme People's Court also issued the Interpretation on the Application of Punitive Damages in the Trial of Civil Cases Infringing Intellectual Property Rights. The scope, content and time of the application of punitive damages, subjective elements, objective elements, base calculation, multiple determination, etc. are clearly defined. Lawyer Lu Yujian introduced the punitive compensation system in detail from the perspective of legal provisions and case application, and combined with the current judicial policy, he gave some suggestions on the intellectual property work of enterprises, hoping that enterprises would pay more attention to intellectual property work. Zhongcheng Qingtai lawyers will continue to promote the "I do practical things for the masses" activities, practice the lawyer's public welfare mission, and assume more social responsibilities.

2021-10-15

Shandong Zhongcheng Qingtai (Jinan) Law Firm's Implementation Plan for Carrying out "Party Members" Activities in the Whole Institute

In order to give full play to the vanguard and exemplary role of Party members in the construction of law firms, promote the continuous innovation of various work of law firms and promote the all-round development of law firm work. The implementation plan for "Party members" activities in the whole institute is specially formulated.

2021-10-14

The Party Committee of Zhongcheng Qingtai (Jinan) Law Firm comprehensively promotes the implementation plan of "Party building"

In order to integrate party building into the work of the law firm, effectively combine party building with lawyers' political attributes, legal attributes, law firm management, and legal services, build a new mechanism that takes party building as the leader and promotes the work of the law firm as a whole, and promote party building The deep integration of work and law firm work promotes the maximization of the efficiency of party building work, realizes the mutual promotion of party building work and law firm work, and better promotes the development of law firm. The special law of the comprehensive promotion of "party building" work implementation plan.

2021-10-14