Family Culture | First J & T Rhythm Party Held by Zhongcheng Qingtai Jinan Institute

Home is a harbor, a destination, and a lighthouse that never goes out on the way forward. A group of like-minded people, running together on the way to achieve the ideal. This is the family culture of Zhongcheng Qingtai. In order to enrich the amateur life of young lawyers, prosper the cultural life of the law firm, and promote borderless exchanges within the law firm, on the evening of July 21, the first "J & T rhythm party" created by the trade union, league branch, marketing and publicity executive committee, administrative security executive committee and zhongcheng qingtai band met with everyone! Moderator: Zhang Rongjun Zhongcheng Qingtai's "liveshow" is presented in the form of a flash and opens in the lobby on the 55th floor of China Resources Center! Here, there are bands playing, talk shows, magic tricks, free-flowing songs, endless snacks and soft drinks, here are the tiredness of working days and the joy of party! Here, all the family get together, show together, hi together! Zhongcheng Qingtai Band opened the party, playing many band songs and opening the happy atmosphere. Performer: Li Zhenzhong, Zhang Jian, Sun Guangming, Zhao Lu. Mao Xiang played and sang the guitar gently and affectionately. Wang Yan opened a humorous talk show, and the audience burst out laughing. There are more live red envelopes, lucky audience draw on stage, audience singing and other activities will push the activity atmosphere to the climax. At the end of the party, Mr. Du Wentang thanked everyone for spending a pleasant evening together and encouraged the young people of the law firm to participate in more cultural and sports activities so that the youthful atmosphere surrounded the law firm. Young dreams, like the wind, whistling, without fear. Young lawyers came to Zhongcheng Qingtai for the dream in their hearts. They are the best predecessors in the inheritance and development of the law firm. The heart is warm and youthful, and the partners occasionally stop in a hurry to talk and drink. This is the best home culture.

2023-07-21

Dynamic | Zhongcheng Qingtai Jinan Institute Che Xiaoyang Lawyer was invited to give a special lecture on "Implementing Xi Jinping's Thought of Rule of Law, Learning to Use the Civil Code" for Taian Transportation Development Investment Group.

"Popularization of the law by the whole people is the long-term basic work of comprehensively governing the country according to law". In order to deeply study the great significance, rich connotation, spiritual essence and practical requirements of Xi Jinping's thought of the rule of law, strengthen the consciousness and firmness of strictly enforcing the rule of law, and strengthen the study and publicity and education of the civil code, on July 20, lawyer Che Xiaoyang of Jinan Institute was invited to give a special lecture on "implementing Xi Jinping's thought of the rule of law and making good use of the Civil Code" for Tai'an Transportation Development Investment Group. Lawyer Che Xiaoyang focused on the formation and development, fundamental position, and strategic thinking of Xi Jinping's rule of law thought, focusing on the major phased achievements of my country's rule of law construction under the guidance of Xi Jinping's rule of law thought, as well as the important position and compilation of the Civil Code. History, chapter structure and highlights of law revision, combined with practical experience and typical cases, the legal contents related to the main business areas of the group, such as the construction contract of the construction project, were explained in detail, and were highly appraised and warmly responded by the participants on site.

2023-07-21

Dynamic | Shandong Haihua Group Visits Zhongcheng Qingtai Jinan

On the afternoon of July 19, Cao Huangzong, director of legal affairs of the property rights and legal department of Shandong Haihua Group, Gao Yongxiang, secretary of the board of directors, Wang Ning, manager of the property rights and legal department, and his party visited Zhongcheng Qingtai Jinan Office accompanied by lawyer Chen Weitao, secretary and director of the party branch of Zhongcheng Qingtai Weifang Office, and lawyer Zhao Xiaoli, director of the government and compliance legal affairs department. Jinan Institute Compliance Business Center, Urban Renewal Department warmly received. Shandong Haihua Group and his party visited China Resources Office Area, Party Building Activity Room, Law Firm Honor Wall, etc., and introduced Zhongcheng Qingtai's party building work, strategic deployment, and state-owned enterprise compliance business development in recent years. During the exchange between the two parties, the guests were introduced to the management structure of the law firm and the development and management mode of the branch, while focusing on in-depth exchanges on the compliance business and experience of state-owned enterprises carried out by the compliance business center of the law firm in recent years, Shandong Haihua Group and his party spoke highly of Zhongcheng Qingtai's performance and experience in the compliance business of state-owned enterprises, and said that this behavior has provided valuable experience and gained a lot in the construction of Haihua Group's compliance system. We hope to strengthen exchanges and cooperation with Zhongcheng Qingtai in the future to achieve common development of both sides.

2023-07-20

The first creditors' meeting of the joint reorganization case of Yisheng, Tonghe and Miro was successfully held by Zhongcheng Qingtai Jinan.

On July 17, 2023, under the auspices of the People's Court of Linyi High-tech Industrial Development Zone (called "Linyi High-tech Court"), with the understanding, cooperation and support of all creditors, shandong Yisheng Aluminum Co., Ltd. (hereinafter referred to as "Yisheng Company"), Linyi Tonghe Feed Co., Ltd. (hereinafter referred to as "Tonghe Company") and Linyi Milo Porcelain Co., Ltd. (Xiacheng "Milo Company") managed by Shandong Zhongcheng Qingtai (Jinan) Law Firm The first creditors' meeting of the three companies in the reorganization case was successfully held. Linyi High-tech Court decided on May 8, 2023 to pre-restructure the three companies for a period of three months because the three companies were unable to pay off their due debts and their assets were insufficient to pay off all their debts. Shandong Zhongcheng Qingtai (Jinan) Law firm was appointed as the temporary manager of the three companies. Later, in order to prevent further impairment of assets and maximize the interests of all creditors, the Linyi High-tech Court ruled on June 1, 2023 to accept the reorganization application of the three companies and appointed Shandong Zhongcheng Qingtai (Jinan) Law Firm as the administrator. After accepting the designation, under the guidance of Linyi High-tech Court, the Institute quickly set up a team of managers, formulated detailed work plans and work plans, diligently and dutifully, and faithfully performed the duties of managers. The first creditors' meeting of the three companies was held on the national bankruptcy reorganization case information network. Representatives of administrators, audit evaluation institutions, debtor representatives, creditor chairmen and employee representatives attended the meeting on the spot, and other creditors attended the meeting through the network. At the meeting, the administrator made reports such as the Phased Work Report on the Execution of Duties, the Report on the Request to the Creditors' Meeting for Verification of Claims, the Report on the Request to the Creditors' Meeting for Review of the Administrator's Remuneration Plan, the Property Management Plan, and the Property Change Price Plan, which were submitted to the creditors' meeting for consideration. By the vote of all the creditors with the right to vote, the voting matters were passed with a high vote in favor, and the agenda was successfully completed. The smooth convening of this meeting is the result of the joint efforts of all creditors, debtors and administrators, which is conducive to safeguarding the legitimate rights and interests of creditors and debtors. The follow-up administrator will continue to faithfully perform various duties, carry out various tasks under the supervision of the court and creditors, and strive to ensure the smooth progress of the bankruptcy reorganization procedures of the three companies, so as to achieve the unity of the legal and social effects of the case.

2023-07-19

Viewpoint... After bankruptcy, the guarantor's debt stops interest-bearing dispute.

引言：主债务人破产后，担保人之债是否停止计息，在《最高人民法院关于适用<中华人民共和国民法典>Prior to the introduction of the Interpretation of the Guarantee System, the prevailing view was that interest would not cease to accrue, but the interpretation of the guarantee system explicitly ceased to accrue interest. The debate over whether the guarantor's debt will cease to bear interest after bankruptcy continues. 1. Two Views Viewpoint 1: The principal debtor goes bankrupt and the secured debt ceases to bear interest. The main reasons are: First, according to Article 46 of the the People's Republic of China Bankruptcy Law, "Unmatured claims are deemed to be due when the bankruptcy petition is accepted. Claims with interest cease to accrue interest from the time the bankruptcy petition is accepted." It can be seen from the above-mentioned law that after the bankruptcy application of the principal debtor is accepted by the people's court, the principal debt ceases to accrue interest. According to the principle of the subordination of security, the guarantor's liability for security is limited to the principal obligation, so the secured obligation should also cease to accrue interest. Second, the security law provides that the guarantor has the obligation to compensate, and at the same time has the right to recover after compensation. If the principal debtor's debt stops interest, the guarantor's debt does not stop interest, the guarantor's compensation, will affect the exercise of the guarantor's right of recovery, the guarantor is more unfair. The Supreme Court (2019) Supreme Fa Min Shen No. 6453 case law expressed the above views. Viewpoint 2: The principal debtor is bankrupt and the secured debt does not cease to accrue interest. The main reasons are: First, the legislative purpose of interest-bearing claims to cease to accrue interest from the time the bankruptcy petition is accepted is not to waive the guarantor's guaranteed debt. Second, after the debtor's bankruptcy application is accepted, the interest-paying claim ceases to accrue interest is based on the special provisions of the law, not the creditor's voluntary exemption of that part of the interest. And the debt is eliminated by liquidation, set-off, withdrawal, exemption, and mixing, and the bankruptcy of the principal debtor is not the cause of the guarantee of the elimination of the debt. Third, the purpose of the guarantor's signing of the guarantee contract is to assume the debtor's obligation to replace the debtor's obligation to the creditor when the debtor is unable to pay off the debt, and the essence is to ensure that the creditor's claim can be fully and effectively paid off, which is the original intention of the parties to the contract to conclude the guarantee contract. Therefore, the guarantor's liability after the main debtor's bankruptcy does not violate the basic principle of the subordinate nature of the secured debt. The Supreme Court (2020) Supreme Fa Min Shen No. 1054 holds the above view. And on January 10, 2020, the Fifth Division of the Higher People's Court of Zhejiang Province issued to the Bankruptcy Trial Business Division of the People's Courts at all levels of the province an answer to the question of whether the guarantor ceases to accrue interest after the bankruptcy of the principal debtor, and copied the document to the Second Civil Division of the Supreme People's Court. The Fifth Civil Division of the Zhejiang Provincial High Court clearly stated in the document that in the bankruptcy proceedings: "The interest-bearing claims declared against the debtor cease to accrue when the bankruptcy petition is accepted. But the cessation of interest is not as effective as the guarantor." And the document also mentions that if the guarantor repays the debt on behalf of the principal debtor in the insolvency proceedings, when the guarantor declares the claim, "the administrator shall deduct the interest on the debt borne by the guarantor from the time the debtor's bankruptcy application is accepted or register the interest claim separately from the time the bankruptcy application is accepted." It can be seen that the view in the trial practice is biased towards the bankruptcy of the principal debtor and the guarantor's debt does not cease to accrue interest. Judicial Interpretation of the Supreme Court of 2. According to the Supreme People's Court on the application<中华人民共和国民法典>有关担保制度的解释》第二十二条规定：“人民法院受理债务人破产案件后，债权人请求担保人承担担保责任，担保人主张担保债务自人民法院受理破产申请之日起停止计息的，人民法院对担保人的主张应予支持。”   该解释明确担保人之债停止计息，但目前仍存在较大争议。有仲裁机构的仲裁裁决即没有采纳该司法解释的观点。           三、笔者观点   我国《企业破产法》第九十二条第三款规定:“债权人对债务人的保证人和其他连带债务人所享有的权利,不受重整计划的影响。”第一百零一条规定:“和解债权人对债务人的保证人和其他连带债务人所享有的权利,不受和解协议的景响。第一百二十四条规定:“破产人的保证人和其他连带债务人,在破产程序终结后,对债权人依照破产清算程序未受清偿的债权,依法继续承担清偿责任。”上述法条为保证的主从关系不受破产程序影响提供了依据。   笔者认为，在重整程序与和解程序中,不适用主债务减轻从债务不能减轻的理由是:债权人设立保证或者第三人连带之债的目的在于当债务人无力承担债务时,保证人或第三人对债务承担责任。破产法设置重整程序或和解程序后减轻债务人的责任,往往是以拯救企业为目的。如果在债务人进入重整程序或和解程序而减免保证人或第三人的责任就与债务设立的宗旨相违背。如果法律允许这种债务减免,那么保证人或连带债务人会和债务人串通来逃避债务。   另外，对保证人不停止计息，有利于提高偿债的效率。破产案件从债权申报到一定比例的清偿通常需要很长的时间。此时保证人停止计息,保证人可能不会积极地履行保证责任,在实践中，即使通过保证合同纠纷诉讼，债权人胜诉,保证人仍有可能拖延履行。但是,如果突破保证责任的从属性,保证人履行保证责任的积极性就不会因此而消失，这对保证人积极主动履行保证责任有促进作用。</中华人民共和国民法典></中华人民共和国民法典>

2023-07-18

Civil and commercial perspective... Whether the house registered in the name of the buyer after marriage belongs to the joint property of the husband and wife.

2023-07-18

Dynamic | Zhongcheng Qingtai Jinan Regional Work Summary Meeting Successfully Held in the First Half of 2023

On July 16, 2023, all colleagues in Jinan region of Zhongcheng Qingtai Law Firm gathered together to hold a summary meeting for the first half of 2023. The theme of this meeting is "fine industry to strengthen the foundation, only to encourage the new to struggle". The participants jointly summarized and sorted out the work results of the law firm in the first half of the year, deployed and arranged the work tasks in the second half of the year, followed the wind and the month, and sought common development. The meeting was presided over by Cheng Shoufa, a member of Zhongcheng Qingtai Jinan Regional Management Committee. The meeting began with a welcoming ceremony for the new 22 colleagues. The new colleagues introduced themselves and made their entry speeches. The participants welcomed the new members to join the Zhongcheng Qingtai family with warm applause. Some newcomers introduce themselves After the welcoming ceremony, Du Wentang, director of Zhongcheng Qingtai Jinan Regional Administrative Committee, made a report on the work of Jinan in the first half of 2023. Starting from six highlights, Director Du summarized the main work achievements in the first half of the year from the aspects of party building leadership, market development, law research institute building, professional development, team building, and brand influence. At the same time, we pointed out the problems and improvement strategies in the process of moving forward, and put forward the work ideas for the second half of the year around the work objectives of the whole year, and arranged a number of specific tasks. Geng Guoyu, Secretary of the Party Committee and Director of Zhongcheng Qingtai (Jinan) Law Firm, gave a speech on "Implementing the Five Hopes and Promoting the High-quality Development of Law Firms", encouraging law firm colleagues to strengthen strategic execution and professional development in the new economic cycle. Strength, risk control, cultural inheritance, identify market positioning, determine professional development, fulfill social responsibilities, adhere to honest and standardized practice, and strive to achieve high-quality development of law firms. At the end of the meeting, Han Honggang, director of Zhongcheng Qingtai General Office, delivered a speech. Director Han stressed that the new colleagues have brought new blood and vitality to Zhongcheng Qingtai and welcome more and more outstanding talents to join Zhongcheng Qingtai. Director Han affirmed the development of the Jinan region in the first half of the year, placed high hopes on law firm colleagues, and encouraged everyone to make unremitting efforts to build a first-class law firm in the country. In the past six months, Zhongcheng Qingtai Jinan region has maintained a good momentum of development. Ling Juding overlooks the scenery and the new day, Zhongcheng Qingtai Law Firm will build a strong foundation, be steadfast and self-motivated, continue to struggle, and strive to create new brilliance!

2023-07-17

Dynamic | Zhongcheng Qingtai Lawyers Orchestra Releases Original Red Rock MV-Please Remember Me

Bayi nanchang square, immersive solemn. This is where the flag is raised, It is the shining light of the red star, It is a single spark that can start a prairie fire. Here, the Zhongcheng Qingtai Orchestra composed this song, deeply cherishing the memory of the young people who created the Republic. The long wind and the sound of the flute in the isolated city, the light of the new army, is the hope of establishing a new China. "Unification of rivers and mountains, supreme glory" "We believe that what we are doing today is also a great honor!"

2023-07-14

Dynamic | Strategic Cooperation between Kangjie Group and Zhongcheng Qingtai Jinan

On July 14, 2023, leaders Sun Zhenjiang and Teng Linbo of Kangjie Technology Group Co., Ltd. visited Zhongcheng Qingtai (Jinan) Law Firm. Zhou Jiakui, deputy director and senior partner of Zhongcheng Qingtai Law Firm, and team members were warmly received. Director Zhou Jiakui introduced to Sun Zong and Teng Zong the development history and culture of Zhongcheng Qingtai Law Firm, as well as the work style of the lawyer team in handling cases collectively and bravely. The leaders of Kangjie Group highly praised the achievements and development scale of Zhongcheng Qingtai Law Firm over the years, highly recognized the professional ability of the lawyer team, and believed that the cooperation space between the two sides is broad, and hoped that the lawyer team can escort the development of the group and prevent risks. After the talks, Director Zhou Jiakui and Sun Zhenjiang, executive vice president of the group, signed a strategic cooperation agreement and a perennial legal adviser contract on behalf of both sides. Kangjie Technology Group is a national high-tech enterprise, which was changed from Changyi Kangjie Environmental Sanitation Engineering Co., Ltd. and is headquartered in Minhang District, Shanghai. Kang Jie Technology Group Co., Ltd. was established in 2010 with more than 100000 employees. The domestic sanitation business covers nearly 1,000 project departments in 25 provinces, with a contract amount of 23.8 billion yuan. The international business signed a 4.6 billion yuan cleaning contract with Karachi, Pakistan. The company has the first-class qualification of national cleaning and cleaning industry, and the first-class qualification of business cleaning, collection and transportation of domestic waste in Shandong Province.

2023-07-14

Real estate perspective. The legality analysis of "introduction fee" in construction project -- from the perspective of inter-house contract.

Introduction: In the current construction engineering market, the current situation of "more monks and less porridge" still exists. The specific information of the construction unit's project cannot be disclosed to all construction enterprises, and the ratio of information resources is seriously unbalanced, which also leads to intermediary behavior (introduction, information provision, etc.) still plays an important role in the process of signing construction engineering contracts. Generally speaking, after the intermediary obtains the project information, it will pass the information to the client, or directly promote business cooperation, and then receive a certain remuneration according to the prior agreement, which is generally reflected in the introduction fee, intermediary fee, information fee, labor fee, business consulting fee, etc. Although the form is different, but according to the service content and characteristics, essentially belong to the inter-house contract. The first part is the definition and characteristics of the inter-house contract. Article 424 of the original the People's Republic of China Contract Law defines an intermediary contract as follows: it refers to a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays remuneration; Article 961 of the the People's Republic of China Civil Code now refers to it as an intermediary contract: that is, a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays remuneration. Through the definition and description, the characteristics of the intermediary contract of construction project can be summarized as follows: 1. The intermediary contract is a paid contract, a promise contract and a double service contract. The client in the intermediary contract must pay remuneration to the intermediary, and the intermediary needs to report the opportunity to conclude the contract to the client or facilitate the conclusion of the contract; 2. The intermediary operates by receiving remuneration for engaging in intermediary activities. Does the client enter into a contract with a third party, it has nothing to do with the intermediary, who is not a party to the contract between the client and the third party; 3. The intermediary is only responsible for being entrusted by the client, reporting the opportunity to conclude the contract or looking for a third party who can conclude the contract with the client, mediating, conveying the true intention of both parties, providing opportunities and creating conditions for the client to conclude the contract. In practice, we encounter similar contracts need to correspond to the above definition and characteristics of the inter-house contract to make a comprehensive judgment, to determine whether it belongs to the legal relationship of the inter-house contract, the following author will interpret the case, the project inter-house contract legal relationship and "introduction fee" of the identification and effectiveness of the issue of analysis. The second part of the specific case analysis 1. the validity of the inter-house contract. Case one: Case No.:(2022) Su 0509 Min Chu No. 12809 Trial Court: People's Court of Wujiang District, Suzhou City, Jiangsu Province The focus of the dispute: the legal effect of the project intermediary contract involved in the case. The Court's view: The Court held that ...... China's law does not prohibit the construction of the contract of the intermediary, public bidding matters also exist to report to others bidding and contract opportunities. Bidding activities follow the principles of openness, fairness, fairness and good faith, but it is not that there is an intermediary act that violates the principle of bidding activities, but that the intermediary matters in bidding activities are different from other contractual intermediary matters. The object regulated by the the People's Republic of China Tendering and Bidding Law and other relevant laws is that the employer and the contractor sign the construction project contract through improper means, and the intermediary contract involved in the case is expressed as "introducing Party A and Pinda Company, the construction unit of the project, to negotiate directly, and facilitate the signing of the supplementary terms agreement of the project with the construction unit", the defendant Shuntong Company did not provide evidence to prove that the employer, the contractor and the intermediary violated the relevant laws and regulations such as the the People's Republic of China Tendering and Bidding Law. Therefore, the defendant shuntong company on the case involved in the "project inter-house contract" in violation of the legal prohibition provisions, is an invalid contract defense opinion, lack of facts and legal basis, the court will not adopt. The Project Intermediary Contract shall be legal and valid. Case two: Case No.:(2022) Zhejiang 06 Min Zhong No. 2275 Trial Court: Shaoxing Intermediate People's Court of Zhejiang Province The focus of the dispute: the validity of the inter-house contract involved. Court view: This court believes that this case is an intermediary contract dispute, the parties in the second instance of the dispute focus is how to determine the validity of the intermediary contract involved in the case. Zheng Xiaowei advocated that the contract facilitated by the inter-house contract in the case was a subcontract for the project, and that the subcontract should be found invalid because it violated the mandatory provisions of laws and regulations, so the inter-house contract involved in the case should also be found to be invalid. In this regard, the intermediary contract involved in the case is the true intention of both parties to the contract, and it does not violate the mandatory provisions of laws and regulations. Whether the internal contract of economic responsibility signed by Zheng Xiaowei and Hongxu Company is valid or not does not affect the validity of the intermediary contract involved in the case, and whether the contract is valid or not does not affect Zheng Xiaowei's right to settle the project funds with Hongxu Company. It is not inappropriate to evaluate the validity of the first instance. Now Zhao Hualong has completed the intermediary service, that is, to promote Zheng Xiaowei and Hongxu company signed an internal contract construction economic responsibility contract, Zheng Xiaowei should fulfill the corresponding consideration obligation, that is, to pay the intermediary service remuneration, the first instance judgment ordered Zheng Xiaowei to pay the remaining intermediary service remuneration is not improper. Summary: If the construction project intermediary contract is the true intention of both parties, and the content does not violate the mandatory provisions of laws and regulations, it should be valid in principle; the intermediary's collection of intermediary fees according to the agreement is also a legal act and should be protected by law. And the construction project inter-house contract has relative independence, the validity and performance of the construction project contract signed by it, etc., does not affect the validity of the inter-house contract. However, in view of the complexity and particularity of the construction project, and the numerous laws involved, once the mandatory provisions of the Civil Code, the Bidding Law, the Construction Law and other laws and regulations are violated, there is a risk that the inter-house contract will be found to be invalid. (An invalid contract is not legally binding from the beginning, and if the inter-house person has not yet obtained the inter-house fee, it shall not be protected by law; the inter-house fee collected shall be refunded). 2. common cases of invalidity of inter-house contracts. If the intermediary in the (I) construction project assists the bidder in the bid or collusion, the intermediary contract shall be null and void. Case three: Case No.:(2022) Beijing 02 Minzong No. 13676 Trial court: Beijing No. 2 Intermediate People's Court The focus of the dispute: the validity of the "inter-house agreement" involved in the case. The Court held that the provisions of Article 10, paragraph 2 of Article 32 of the the People's Republic of China Tendering and Bidding Law, and the first paragraph of Article 63 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulate that the parties shall make a true and complete statement of the facts of the case. In this case, Jin Yuan Company, Chen Fushun and Dong Conghui, head of the project planning and contract department involved in the case of China Railway 21st Bureau, all agreed that the project involved in the case was an invitation to tender. Chen Fushun said in the court hearing that Tao Songlin wanted to contract the project. He gave it to the 21st Bureau of China Railway. After looking for the 21st Bureau of China Railway, he found three companies for internal bidding. Wang Zhian found Jinyuan Company and Jinluyuan Company, Chen Fushun found Taishida Company, and then he asked Jinyuan Company to win the bid. The parties have the obligation to make a truthful statement, and in accordance with Chen Fushun's statement on the bidding process, combined with the above-mentioned legal provisions, the Intermediary Agreement is an invalid contract. (II) the intermediary introduces and undertakes construction projects for units and individuals without construction qualifications, the intermediary contract shall be invalid, and the intermediary shall not support the request for payment of the intermediary fee. Case four: Case No.:(2023) Beijing 02 Minzong No. 3895 Trial court: Beijing No. 2 Intermediate People's Court The focus of the dispute: whether the project involved in the case was successful Court view: This court believes that China's law prohibits construction enterprises from exceeding the business scope permitted by the enterprise's qualification level or contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of the enterprise. Knowing that the client is not qualified, the act of introducing the project to him violates the mandatory provisions of laws and administrative regulations and shall be invalid. In this case, Zhou Jiang knew that Guan Jinfa did not have the qualification for construction projects, and it was also in violation of the law to borrow or rely on the qualification to contract the project, so he still introduced the project involved in the case, so the act should be invalid. Zhou Jiang based on the invalid agreement to claim that Guan Jinfa to pay it, lack of basis, the court of first instance did not support and not improper, the court upheld the verdict. Case Five: Case No.:(2023) Su 09 Min Zhong No. 1488 Trial Court: Yancheng Intermediate People's Court of Jiangsu Province The focus of the dispute: how to determine the validity of the "inter-house contract" involved in the case. Court view: The court of first instance held that where an intermediary provides intermediary services to a client, the intermediary matter must be legal. In this case, judging from the content of the intermediary contract involved in the case, the purpose of the intermediary service provided by Huang Yi is to facilitate Liu Qing to obtain the contract for the construction of Zhangjiagang High-speed Railway New Town Project (January -3 billion) of China Communications Company. Because Liu Kui is a natural person and does not have the corresponding construction cross-examination certificate, he cannot contract construction projects. Huang Yiyi provides intermediary services for Liu Kui's illegal contracting projects, which not only violates the mandatory provisions of the law, but also undermines the normal order of the construction market and goes against public order and good customs. Therefore, the court of first instance found in accordance with the law that the "inter-house contract" signed by the two parties on December 15, 2021 was invalid. The court of second instance held that the parties should provide evidence to prove the facts on which their claims are based or the facts on which the other party's claims are based, and if the parties fail to provide evidence or the evidence is insufficient to prove their claims of fact, the parties who bear the burden of proof shall bear the adverse consequences. In this case, the entrustment matters agreed by both parties in the "Intermediary Contract" are that Huang Yi accepted Liu Qing's entrustment and was responsible for introducing some road earthworks of Liu Qing's subcontracted Zhangjiagang High-speed Railway New Town Project (January -3 billion) of China Communications Company, introducing Liu Qing to negotiate directly with the winning bidder of the project, and providing Liu Qing with important information about some projects, and finally led to Liu Qing and the winning unit to sign a professional contract construction contract for the project; If the project is bid according to the sub-bid section, the professional contract construction contract for the bid section signed by Liu Qing and the winning unit shall prevail. From the above content, the agreed entrustment is that Huang Yi facilitated Liu Qing to undertake the construction of the project. The agreement violated the relevant mandatory provisions of the the People's Republic of China Construction Law and the the People's Republic of China Tendering and Bidding Law, so the first-instance judgment determined that the case involved The "Intermediary Contract" is invalid and not improper. (III) the intermediary contract violates the mandatory provisions of the Tendering and Bidding Law, the Construction Law, etc., the contract is a legal form to cover up illegal purposes, the contract is invalid. Case six: Case No.:(2022) Chuan 11 Min Zhong No. 220 Trial Court: Leshan Intermediate People's Court of Sichuan Province The focus of the dispute: whether the inter-house contract involved in the case is valid, whether Zhou Wenming should pay Liu Xianming the intermediary service fee assigned to him. Court view: In practice, illegal subcontracting and illegal subcontracting of contractors on the one hand lead to irregular contracting and contracting behavior in the construction industry market, disorderly competition, and disrupt the normal operation of the construction industry market, on the other hand, it directly leads to quality defects in construction projects, safety accidents in construction projects, endangering people's lives and property safety, and disrupting social stability. The purpose of the aforementioned provisions is to regulate the construction market and ensure the quality of construction projects, safeguard the safety of people's lives and property. Article 52 of the the People's Republic of China contract Law stipulates: "the contract shall be invalid under any of the following circumstances: (1) one party enters into a contract by means of fraud or coercion, harming the interests of the state; (II) malicious collusion, harming the interests of the state, the collective or the third party; (III) concealing illegal purposes in a legal form; (IV) harming the public interest; (V) violating the mandatory provisions of laws and administrative regulations". In this case, although the "Intermediary Labor Fee Payment Agreement" signed by Zhou Wenming and Feng Jun conforms to the basic requirements and contents of the intermediary contract in form, the content of its intermediary service is to introduce Zhou Wenming's signing of the "Project Construction Management Responsibility Letter" with Yinhe Company to borrow the construction qualification of Yinhe Company for construction, because the act of borrowing the qualification to build the project itself has violated the legal prohibition, the inter-house contract concluded between Feng Jun and Zhou Wenming for this purpose also violated the prohibitive provisions of the law and was invalid. Therefore, the invalidity of the contract is not binding on both parties, Feng Jun to Zhou civilization does not enjoy the payment of intermediary labor costs of the claim, Liu Xianming can not be based on the transfer of claims to obtain the right of claim to Zhou civilization. In addition, other illegal acts in the process of performing the intermediary contract, such as the project introduced by the intermediary is subject to bidding, and the two parties to the project contract fail to perform the formal bidding procedures and sign the construction contract; The intermediary who matches the construction party and the tenderer to conduct substantive negotiations, etc., may lead to the invalidation of the intermediary contract. 3. the inter-house contract is invalid, the inter-house person may still receive part of the remuneration (although the court considers the inter-house contract invalid, the court, in its discretion, upholds the remuneration because both parties are at fault and the inter-house person has performed part of the inter-house act) Case 7: Case No.:(2022) E 02 Min Zhong No. 2139 Trial Court: Huangshi Intermediate People's Court of Hubei Province The focus of the dispute: whether the service fees charged by Lu Cailin should be returned after the "Project Intermediary Contract" in the case is invalid. Court view: The court of first instance held that in this case, Shu Guangwei and Lu Cailin knew that Shu Guangwei, as a natural person, did not obtain the relevant qualifications for construction projects. Article 153 and Article 26 of the the People's Republic of China Construction Law shall be an invalid contract. The court of second instance agreed with this. Regarding whether the service fees collected by Lu cailin should be returned after the contract was invalid, the court of second instance held that in this case, Lu cailin mainly paid for human resources and labor services after the signing of the "project intermediary contract". Shu guangwei's intermediary behavior with Lu cailin actually contracted the civil engineering 2. of the workshop of the complete equipment production base of the credit industry environmental protection engineering through affiliation with Hubei haodu construction engineering co., ltd. and has entered the 1., ltd, the benefits were obtained from it, and Lu Cailin also paid labor and resources for this. The labor and resources already paid cannot be returned and should be compensated at a discount. Besides, Shu Guangwei, knowing that he did not have the qualification for construction, signed a contract with Lu Cailin and voluntarily paid Lu Cailin's intermediary fee of 50000 yuan, which is "payment for illegal reasons" and belongs to natural debt, I .e. he cannot rely on litigation to enforce performance, but the debtor

2023-07-13