04
2021-11
On the morning of November 4, Mr. Wang and his wife, Ms. Cheng, who live in Linqu County, Weifang City, made a special drive to Zhongcheng Qingtai (Jinan Free Trade Zone) Law Firm. They will be embroidered with "lawyer model, conscientious" and "social conscience". The two-sided pennants of "Guardian of the Law" were presented to lawyers Du Chengjun and Lin Jing who undertook their cases, and expressed their sincere gratitude to the two lawyers. It is understood that in 2019, the child of Mr. Wang and his wife, Ms. Cheng, was hospitalized in a local hospital due to illness, but the child died unfortunately during hospitalization due to hospital negligence. After the accident, Mr. Wang and Ms. Cheng finally entrusted lawyers Du Chengjun and Lin Jing to provide legal services. After accepting the entrustment, the two lawyers first found a professional organization to consult on medical technology, and carefully drafted the "Statement." At the hearing in the judicial appraisal process, the two lawyers pointedly pointed out the problems in the choice of treatment plan. The lawyer's opinion was adopted by the appraisal agency, and it was finally determined that both doctors and patients were equally responsible for the death of the child, laying a good foundation for mediation to solve the problem. In the mediation stage, the two lawyers argued for reason, moved by emotion, and did the work of the hospital through the mediator, and finally achieved the client's satisfactory results. "Thank you so much! Because this case, after more than two years, we have a lot of confusion in the process, even with busy work, you also took the trouble to answer our doubts, the final outcome of the case far exceeded our expectations, thank you very much!" Mr. Wang said affectionately. This is the voice of Mr. Wang and the highest praise for the two lawyers. Over the years, Zhongcheng Qingtai lawyers have always adhered to the "people-oriented" practice concept. They have not only undertaken a large number of major cases related to people's livelihood, but also actively engaged in public welfare legal services, which has won high praise from clients and the public.
2021-11-04
04
2021-11
Zhongcheng Qingtai Law Firm Successfully Signed an IPO Listing Business
On November 3, 2021, Zhongcheng Qingtai Law Firm successfully signed a single IPO business, the smooth signing of the single business officially opened the prelude to Zhongcheng Qingtai's entry into the North Stock Exchange business. It is reported that the project is a legal service team composed of Li Zhenzhong, deputy director of Zhongcheng Qingtai Law Firm, and lawyer Zhou Shumin as the main person in charge, and lawyer Xu Fei of the Capital Market Department. Team lawyers will uphold an efficient and responsible attitude and superb, professional business ability, and actively promote the progress of the project, and strive to achieve the early success of the client listed. Since the registration of the Beijing Stock Exchange on September 3, 2021, the Capital Market Department of Zhongcheng Qingtai Law Firm has always attached great importance to it, and has successively carried out the Beijing Stock Exchange's IPO business promotion activities in Jinan, Zibo, Qingdao, Zhangqiu, Weifang and other places. enthusiastic. On the basis of the advantages of the new third board business in the past, Zhongcheng Qingtai law firm is expected to make further breakthroughs in the IPO business of the Beijing Stock Exchange and open up new business situations. With the upcoming opening of the Beijing Stock Exchange on November 15, 2021, the lawyer team of the Capital Markets Department will help provide special legal services to more companies.
2021-11-04
03
2021-11
Affected by the new coronary pneumonia epidemic and the uncertainty of the external environment, the recent hidden dangers of wage arrears in some industries have emerged, and the risk of upstream arrears in real estate development projects in some areas may increase the risk of downstream wage arrears. How to prevent the occurrence of wage arrears of migrant workers? The Ministry of human resources and social security, the Ministry of housing and urban rural development, the Ministry of transport and other departments issued the "provisions on wage deposit for migrant workers in the field of engineering construction", which will come into effect on November 1, and become an important safeguard measure to solve the problem of wage arrears in the field of construction. Wage deposit refers to the special fund set up by the general contractor in the field of engineering construction in the bank and stored in accordance with a certain proportion of the amount of the construction contract, which is specially used to pay the wages of migrant workers who provide labor for the contracted project. Since 2016, China has fully implemented the wage deposit system in the field of engineering construction, and various localities have successively established and implemented the system, and achieved good results. However, due to the lack of unified regulations at the national level, there are differences in account opening, storage subject, proportion, form and so on, which makes it difficult for enterprises to comply with the actual operation, and some of them have been increased layer by layer, increasing the financial pressure. The establishment of a security deposit system should not only safeguard the basic rights and interests of migrant workers, but also reduce the burden on enterprises, reduce the occupation of enterprise working capital, and straighten out the management system to form a unified national standard. How does the construction general contractor store the wage deposit? In the past, some places required the proportion of funds to be stored up to 5% or even higher. The new "Regulations" uniformly require that this proportion shall not be less than 1% and not more than 3% in principle. In response to the problem that some localities require construction units, construction general contracting units, subcontracting units, and labor subcontracting units to store wage deposits, the "Regulations" clarify that the main body of wage deposit storage is the general construction contractor, and other entities do not need to store. At the same time, wage deposits can be replaced by bank guarantees issued by banking financial institutions, and conditional areas can also explore the introduction of engineering guarantee company guarantees or engineering guarantee insurance. It is clearly stipulated that if there is no wage arrears for two consecutive years, the storage proportion of new projects shall be reduced by no less than 50%; if there is no wage arrears for three consecutive years and the real-name management of employment and the special account system for migrant workers' wages are implemented as required, the new projects can be exempted from the storage of wage deposit. Li Xinwang, director of the Labor Security Supervision Bureau of the Ministry of Human Resources and Social Security, said that the regulation of the storage ratio is to encourage law-abiding enterprises and punish untrustworthy subjects. In addition, if the construction contract amount is less than 3 million yuan, and the project undertaken by the general contractor for the construction of the project within one year before the signing of the construction contract has no wage arrears, each region may, in combination with the actual situation, exempt the project from storing wage deposit. Can the wage deposit be redirected? In the past, many places required companies to store wage deposits in special financial accounts set up by local regulators. Practice has proved that this model not only occupies the liquidity of enterprises, but also easily generates the risk of account violations. For this reason, in the future, the general construction contractor will independently choose the handling bank, and store the wage deposit in its own bank account, and make it clear that the principal and interest belong to the enterprise, and the enterprise can freely withdraw the interest at any time. When the project is completed, the supervision department receives the return application from the enterprise, and immediately releases the account supervision after 5 days of examination and no arrears of wages and 3 days of bank confirmation, and the funds are freely controlled by the enterprise. At the same time, the Ministry of Human Resources and Social Security has also established an inventory mechanism to ensure that the funds are returned in a timely and in place in response to the problem that individual enterprises forgot to apply for return in the past. How to use the wage deposit in the event of wage arrears? According to the "Regulations", when wages are in arrears, the human resources and social security department shall make an administrative decision to order the payment within a time limit or in advance. If the construction general contracting unit refuses to perform when it is due, the local human resources and social department may issue a "Notice of Payment of Migrant Workers' Wage Deposit" to the bank, and the bank will directly pay the corresponding amount of money from the wage deposit account to the unpaid migrant workers. Li Xinwang introduced, after the use of wage margin, the construction general contractor needs to make up the wage margin or open a new bank guarantee. If the wage deposit is not stored or made up in accordance with the regulations, the human resources and social security department and the engineering construction department of the relevant industry shall order it to make corrections within a time limit according to their duties; if it fails to make corrections within the time limit, it shall be ordered to stop the project and be fined; if the circumstances are serious, the construction unit shall be given penalties such as restricting the construction of new projects, lowering the qualification level and revoking the qualification certificate." In addition, within 2 years before the construction general contractor stores the wage deposit or submits the bank guarantee letter, if the wage is in arrears in the construction project in the wage deposit management area, the wage deposit storage ratio shall be appropriately increased by not less than 50%; due to arrears of migrant workers' wages are included in the "list of serious dishonest subjects", the increase rate shall not be less than 100. At the same time, it is stipulated that the wage deposit can only be used to pay off arrears of wages, not for other purposes, nor can it be sealed up, frozen or allocated without reason.
2021-11-03
03
2021-11
Viewpoint | Talking about the management of bankruptcy business archives
Abstract: The file formed in the bankruptcy business is the crystallization of the collective wisdom of all parties and an important material for research and exchange. Strengthening the management of bankruptcy business files is of great significance to the bankruptcy management team. Key Words: Bankruptcy Business Archives Archives Management With the vigorous development of the market economy, a certain number of "zombie enterprises" have appeared in our country, which has caused a certain negative impact on the national economic development and the improvement of people's living standards. In order to properly solve the problem of "zombie enterprises", my country's legislative and law enforcement agencies have conducted active and effective explorations and summaries, and successively promulgated the "the People's Republic of China Enterprise Bankruptcy Law (Trial)", "the People's Republic of China Enterprise Bankruptcy Law" and related judicial interpretations. On the basis of the group, the bankruptcy administrator system was established. The author had the honor to participate in the law firm as an administrator or administrator member of several bankruptcy business, and fully participated in the filing of archives, deeply aware of the importance of bankruptcy business file management, now on the bankruptcy business file management to talk about a few shallow views, in order to play a brick-and-mortar effect. Bankruptcy Business File According to the relevant provisions of the the People's Republic of China Archives Law (2016 Amendment), the Measures for the Filing of Lawyers' Business Archives, the Measures for the Management of Lawyers' Business Archives and the the People's Republic of China Enterprise Bankruptcy Law issued by the Ministry of Justice and the State Archives Administration, the author believes that, insolvency business files refer to the various forms of historical records of words, charts, audio and video that are directly formed by the parties to the insolvency business (creditors, debtors, liquidation groups or administrators, courts, investors, audit and evaluation agencies, etc.) in the insolvency business, which are of value to the State and society. The Significance of Bankruptcy Business Archives Management The management of bankruptcy business files is of great significance, including but not limited: (I) bankruptcy business file is a comprehensive record of the whole process of the relevant bankruptcy business, which belongs to the evidence category of litigation law. Standardized management of bankruptcy business files has a demonstrative effect when disputes arise between the parties. (II) the standardized management of bankruptcy business files is conducive to the management of research, summing up experience and lessons, and improving the level of business. (III) is conducive to internal training and external exchanges. Bankruptcy business archives management practice Summarizing the wisdom of the bankruptcy business team and the relevant file management personnel, the author believes that the bankruptcy business file management can be carried out according to the following process: (I) uniform instrument format In order to facilitate the standardized management of the business, the format of the creditor's rights declaration materials (declaration registration form, power of attorney, legal representative or responsible person's identity certificate, etc.) and the legal documents issued by the manager shall be standardized and unified, including font, font size, line spacing, etc. In addition, the administrator numbers the creditors uniformly according to the chronological order in which they file their claims. The legal documents issued by the administrator shall have the document number (e. g. "AB Broken Tube Zi No. X", "AB" is the abbreviation of the debtor), and the document number shall be arranged in accordance with the chronological order issued by the documents. (II) collection classification According to the actual situation of the bankruptcy business, the administrator shall collect, classify and store the archival information formed in each bankruptcy business according to the chronological order in which the various types of information are formed. The file information of bankruptcy business can be generally divided into five categories, namely, creditor's rights, asset class, procedural class, audit class and financial class, as follows: The creditor file generally includes:(1) the creditor's claim declaration data submitted by the creditor;(2) the creditor's declaration registration form;(3) the debtor's creditor's rights and debts list;(4) the notice of the manager's review opinion and the receipt of service;(5) the creditor's objection and the attached evidence;(6) the notice of the manager's review opinion and the receipt of service;(7) the creditor's claim and debt offset application;(8) voting letter of employee creditor's rights;(9) voting letter of creditors on the draft reorganization plan;(10) letter of confirmation of creditor's rights;(11) letter of choice of creditor's rights confirmation method;(12) confirmation form of creditor's bank account information;(13) list of unopposed creditor's rights and court ruling;(14) assistance in execution documents served by judicial authorities to the administrator;(15) information on withdrawal of creditor's rights settlement;(16) Certificates of payment for the settlement of claims;(17) Other relevant information. Asset files generally include:(1) photocopies of debtor's certificates, signatures, bank account statistics and handover forms;(2) the debtor's industrial and commercial registration files;(3) the debtor's property takeover and entrusted custody;(4) the contract signed by the debtor;(5) notice of continuing to perform the contract, notice of termination of the contract and investigation records;(6) information on the debtor's foreign investment;(7) notice of creditor's rights settlement;(8) Objection of creditors to the notice of liquidation;(9) Information on construction and finalization of construction in progress;(10) Information on property preservation and cancellation of preservation;(11) Entrusted financial audit, asset evaluation contract and audit and evaluation report;(12) Report and attachment of assets and business affairs handed over to the debtor;(13) Other relevant information. The procedural archives generally include:(1) the court's ruling on accepting the debtor's bankruptcy reorganization and the decision on appointing the administrator;(2) application for opening the administrator's bank account, engraving the administrator's seal and court notice;(3) approval form for the use of the administrator's seal;(4) notice and announcement of creditor's declaration of creditor's rights;(5) decision of the debtor to continue or suspend business;(6) the decision, report and attachment of the manager to appoint the management team;(7) the court's reply;(8) the postal service contract signed by the manager;(9) the inquiry result of the postal express mail number of the manager's mail document;(10) the responsibility letter for safe production target management;(11) all kinds of service receipts;(12) online creditor meeting planning and live broadcast service contract;(13) creditor meeting information;(14) The authorization procedures and meeting minutes of the members of the creditor committee;(15) Information on recruiting reorganization investors;(16) Reorganization investment agreement;(17) Draft reorganization plan;(18) The court's ruling on approving the draft reorganization plan;(19) Documents issued by the administrator;(20) Judgment documents for litigation and arbitration cases;(21) Other relevant materials. The audit information includes:(1) the entrustment agreement between the manager and the auditor for the audit of the cost of the construction in progress; and (2) the audit report on the cost of the construction in progress issued by the auditor. Financial information includes: all financial information formed by the administrator in the insolvency proceedings, such information is compiled and filed by professional financial personnel hired by the administrator in accordance with the financial management process, and is not within the scope of this article. (III) finishing Comprehensively sort out and check all the documents and materials formed in the bankruptcy business, fill in the missing materials and remove the materials that do not need to be filed. In the process of filing, only one copy of written materials with the same content is generally stored, except for those with special needs. (IV) volume, write page number The bankruptcy business archives are divided into volumes according to the criteria of category, relevance and chronological order of formation. Each volume of archival materials shall be numbered page by page using Arabic numerals, and those with words on both sides shall be numbered on both sides. The page number is located in the upper right corner on the front and in the upper left corner on the back (pages without words are not numbered). (V) Compilation Volume Directory After the division of volumes and the preparation of page numbers are completed, an in-volume catalog is prepared, taking the debt catalog as an example, in the following format: List of creditor's rights information "AB" in the "file number" column in the volume catalog is the abbreviation of the debtor, and "x" is the sequence number of the volume in similar files. The "page number" column generally indicates the first page number of the corresponding data, but the last line of the "page number" column indicates that the format of the last data in the volume is "first page number-last page number", such as "201-206". (VI) printing of file case cover and engraving of seal According to the material requirements of national archives management, the cover of archives shall be printed in the following format: According to the classification of archival materials, the four seals of "creditor's rights", "assets", "procedures" and "audit" are engraved respectively. (VII) binding The archives shall be arranged in the order of the case cover, the contents of the case, the case materials and the bottom of the case, and bound into a book. File binding can choose to use the following ways:(1) the use of cotton rope, three holes nailed;(2) the use of riveting tube, two holes nailed. The "category" column on the cover is stamped with the engraved "creditor's rights" and other seals; The column of "document name" indicates the contents of the information in the volume, such as "XX company's creditor's rights declaration data"; The column of "filing person" shall be signed or stamped by the file collator. (VIII) printing file box, box. In order to facilitate file management, after the file data is classified and ordered, it should be classified and loaded into the file box. The front and spine of the file box are formatted as follows: Due to the large number of similar files, the blank column under "category" in the spine of the file box can be stamped with engraved seals such as "creditor's rights. Since the full number of the same bankruptcy business file is unique, the administrator may engrave a seal with an Arabic numeral number and affix it in the blank column under the "full number. The "storage period" is recommended as "long-term" and can be printed directly on the ridge of the file box. "Volume number" refers to the starting and ending file numbers of the files loaded into this file box, such as "AB creditor's rights 0001-0006". "Box number" refers to the sequence number of this file box in the same type of file box. The contents in the cover of the archive box can be filled in by the archives management organization (archives or the archives of the law firm). (IX) Compilation of Full Citation Catalogue and Index of Cover and Full Citation Catalogue In order to facilitate the management and use of archives, the full citation directory and the cover and full citation directory index shall be compiled for the classification of archives. 1. Compile full citation catalogue The administrator is required to compile a full citation catalogue according to the contents of the in-volume catalogue, using the full citation catalogue of claims as an example, in the following format: full citation directory In the full citation catalogue, the "responsible person" is the full name of the manager, the "title" is the name of the data, and the "page number" column generally indicates the first page number of the corresponding data, but the last line of the "page number" column indicates the "first page number-last page number" of the last data in the volume, such as "201-206". 2. Prepare the cover of the full citation catalogue. When binding catalogues, it is generally necessary to bind multiple full-citation catalogues of the same kind of archives together. By compiling the cover of the full-citation catalog, relevant information can be intuitively understood. The format of the full citation catalog cover is as follows: Full Citation Catalog Cover 3. Compile index of full citation directory In order to more easily find the various types of full citation directories and file files in which file box, it is necessary to compile a full citation directory index, for example, the debt category full citation directory index, the format is as follows: Full Citation Directory Index 4. Sorting and binding According to the full citation directory cover, full citation directory index, full citation directory order, bound into a book. Binding shall use cotton string, three holes nailed. (X) File Transfer In general, the number of files formed by each bankruptcy business is large. The bankruptcy reorganization business in which the author participated has bound more than 1000 files of various types, used more than 500 file boxes, and bound more than 10000 pages of full citation catalogue, cover and full citation catalogue index. For such a large file, it is more appropriate to transfer it to the archives where the bankrupt enterprise is located. Of course, if the number of files formed by the bankruptcy business is small or the archives where the bankrupt enterprise is located do not agree to receive them, the administrator will still keep them. The archives management personnel shall conduct strict examination when receiving the archives. Those who do not meet the requirements of the filing regulations shall be returned to the filing person for rearrangement. After all the archives are qualified, the handover procedures shall be handled. The 21st century is an era of vigorous development of artificial intelligence and knowledge economy. As intelligent workers, lawyers should have the enthusiasm and sense of urgency to make the crystallization of wisdom produce economic benefits and social effects. Strengthening the management and use of bankruptcy business files and stringing "pearls" into "necklaces" is the mission entrusted to us by the times. As lawyers, we are duty-bound and should take active action to forge ahead!
2021-11-03
01
2021-11
On November 1, 2021, Zhongcheng Qingtai Law Firm participated in the hosting, Zhongcheng Qingtai Shanghai Institute and Jinan Institute participated in the Lu-Shanghai Fund Exchange Conference and the opening ceremony of the Shanghai Base of Jinan Fund Industry Association and Shandong Province's "Qilu Enterprise Dance" Investment and Financing Roadshow, which was successfully held in Shanghai Qilu Wanyi Hotel. Meng Xiangdong, Secretary of the Party Committee and Director of the Shanghai Office of the People's Government of Shandong Province, attended the event and delivered a speech. Director Meng Xiangdong said that in the context of deepening cooperation between Shandong and Shanghai and building a "double cycle", the Provincial Office in Shanghai will continue to play the role of "double introduction and double launch". It is hoped that this meeting will take the fund as the theme and link Shandong and Shanghai. The capital side and the project side of the two places will blossom and bear fruit in the near future. Cao Zhilong, vice president of Shanghai Lawyers Association, sun Yunwei, member of the Party committee and general manager of Shanghai Qilu Industrial Group, Gao Dong, President of Jinan Fund Industry Association, and Xu Hui, director of Zhongcheng Qingtai Shanghai Institute, delivered speeches successively. At the ceremony, Yu Qingli, director of the Shanghai Office of the Jinan Municipal People's Government, and Gao Dong, president of the Jinan Fund Industry Association, jointly unveiled the Shanghai Office of the Jinan Fund Industry Association; Gao Hongyan, president of the Shanghai Shandong Chamber of Commerce, and Geng Guoyu, director of the Zhongcheng Qingtai Jinan Institute, jointly unveiled the Shanghai base of the "Qilu Enterprise Dance" investment and financing roadshow in Shandong Province. Wu Changchun, chairman of Shanghai Shanda Investment Management Co., Ltd., initiator of China parent fund alliance and vice president of Jiangsu Fund Industry Association, Zhou Liyong, deputy general manager of guiding fund of Shanghai Technology Venture Capital Group Co., Ltd., Zhang Jian, director of fund business center of Zhongcheng Qingtai Jinan Institute, Sun Fuqiang, chairman of Shandong Renli Private Fund Management Co., Ltd, sun Dianmin, Chairman of Shandong Tianqin Equity Investment Fund Management Co., Ltd., Lin Haoyang, Vice President of Advantage Financial Holdings (Shanghai) Asset Management Co., Ltd, the theme sharing speeches were made respectively around the government guiding funds to help the high-quality development of regional economy, the operation mechanism of investment institutions, the compliance of fund cooperation mode, the creation concept and operation mode of "Shandong-Shanghai Talent Cooperation Fund", the foundation and concept of fund cooperation between Shandong and Shanghai, and the promotion of high-quality development of local industries by industrial funds. During the exchange and speech session, the guests at the meeting actively spoke and communicated in depth. They all expressed that in the future, they will strengthen the docking of capital and project ends between Shandong and Shanghai, share resources, complement each other's advantages, and achieve common development. This event is guided by the Shanghai Office of Shandong Provincial People's Government, Jinan Development and Reform Commission, Jinan Municipal People's Government Shanghai Office, Jinan Licheng District Financial Development Center, Shanghai Qilu Industry (Group) Co., Ltd., Shandong Law Society Corporate Commercial Law Research Association, Jinan Fund Industry Association, Zhongcheng Qingtai Law Firm, advantage Financial Holdings (Shanghai) Asset Management Co., Ltd., Shandong New Kinetic Energy Equity Investment Management Co., Ltd., Shandong Dongtai Huide Investment Co., Ltd., Shandong Tianqin Equity Investment Fund Management Co., Ltd., Shandong Shanghai New Kinetic Energy Conversion Promotion Center, Shanghai Supported by the Lawyers Association, Shanghai Shandong Chamber of Commerce, Shanghai Jinan Chamber of Commerce. The Shanghai Office of the Shandong Provincial People's Government, the Shandong-Shanghai New and Old Kinetic Energy Conversion Promotion Center, the Shanghai Office of the Jinan Municipal People's Government, the Shandong Law Society, the Jinan Fund Industry Association, the Shanghai Shandong Chamber of Commerce, the Jinan Chamber of Commerce, the Shanghai Law Association and other units participated in the event. This event set up a bridge of communication for fund cooperation between Shandong and Shanghai, and opened the prelude to the docking and integration of Shandong fund industry into the Yangtze River Delta. Zhongcheng Qingtai Law Firm will continue to give full play to the professional advantages of fund legal services and platform advantages, deepen the fund business field, take the initiative to target the developed areas of the fund industry, join hands with a higher platform, and actively help the development of Shandong fund industry.
2021-11-01
01
2021-11
On October 29, 2021, Mao Yukun, a lawyer from Zhongcheng Qingtai Jinan Institute, and Li Jiaheng, an intern lawyer, were invited to carry out a special training on legal affairs of government information disclosure for Changqing District of Jinan City, "Operational Guidelines for Disclosure of Work by Application & Case Analysis. The content of this training mainly focuses on the key points, processes, judgment methods, calibers, legal basis and cases that government agencies should pay attention to when handling applications for disclosure. From a professional perspective, relying on laws and regulations and combining with the minefields that may be encountered in actual work Explained. Lawyers Mao Yukun and Li Jiaheng have carried out detailed training on the laws, regulations and matters needing attention involved in the application disclosure around the training theme and in combination with classic cases. Participants spoke highly of the training and said that they had effectively improved their legal literacy and legal awareness through the training and benefited a lot.
2021-11-01
28
2021-10
Shandong Zhongcheng Qingtai (Dezhou) Law Firm Held Enterprise Annuity Signing Ceremony
On the afternoon of October 27, Shandong Zhongcheng Qingtai (Dezhou) Law Firm held an enterprise annuity signing ceremony. Wang Wenmin, manager of the urban group insurance department of China Life Texas Branch, Zhen Liang, deputy manager, and Sun Dongbing, director, attended the signing ceremony on behalf of China Life Pension Insurance Co., Ltd. Ai Xiansong, director of Zhongcheng Qingtai Dezhou Law Firm, Zhou Qiong, deputy director, Liu Hui, chairman of the trade union, and some partners and lawyers attended the signing ceremony. The signing ceremony was presided over by Liu Hui, chairman of the trade union of Zhongcheng Qingtai (Dezhou) Law Firm. Deputy Director Zhou Qiong and Wang Wenmin, manager of the urban group insurance department of China Life Texas Branch, delivered speeches respectively. Director Ai Xiansong and Wang Wenmin, manager of Shandong Zhongcheng Qingtai (Dezhou) Law Firm, formally signed the enterprise annuity fiduciary management contract with Life Pension Insurance Co., Ltd. Sun Dongbing, head of the urban group insurance department of Life Texas Branch, gave a wonderful explanation on the relevant knowledge of enterprise annuity. The enterprise annuity plan is an important pillar and powerful supplement of the basic old-age insurance system, an effective way to build a multi-level old-age security system and improve the level of old-age security for employees, and an important part of the modern enterprise salary and welfare system. Zhongcheng Qingtai (Dezhou) law firm has been actively attached importance to human resources management, improve the compensation and welfare system. The start of the enterprise annuity program will fully mobilize the enthusiasm of all employees and provide a favorable guarantee for the happy life of employees in the future. The successful holding of the signing ceremony marks that Zhongcheng Qingtai (Dezhou) Law firm has become the first unit to implement the enterprise annuity system in Decheng District of Dezhou City. it is also the first law firm in Shandong Province entrusted with the enterprise annuity management of China Life Endowment Insurance Co., Ltd. The implementation of the enterprise annuity system highlights the important concept of people-oriented Zhongcheng Qingtai, and enhances the cohesion and centripetal force of Zhongcheng Qingtai (Dezhou) Law Firm.
2021-10-28
28
2021-10
On October 26, Zhao Kaiyong, senior partner of Zhongcheng Qingtai (Jinan) law firm, vice chairman of the partner meeting and director of the second Department of urban construction and real estate, was invited to carry out special legal training on "legal risk control during the construction phase from the perspective of the employer" for Jinan municipal public asset management and operation co., ltd. Based on practical experience, lawyer Zhao Kaiyong explained the legal risks that the employer may have in the construction process of the construction project and how to carry out risk control from ten aspects, including the prominent construction period, quality problems, project price settlement problems, migrant workers' arrears of wages, project visa and claim problems, warranty problems and project file management problems, and combined with typical cases, this paper focuses on the legal problems that may arise in the development of municipal asset operating companies, and puts forward the coping strategies and professional suggestions from multiple angles. Leaders of Jinan Municipal Public Asset Management and Operation Co., Ltd. and relevant staff of various departments participated in the training, and the trainees spoke highly of lawyer Zhao's teaching.
2021-10-28
28
2021-10
Question raised Should an administrative organ impose an administrative penalty on July 20, 2021 on an illegal act that occurred in 2019, shall it apply the Administrative Punishment Law (revised in 2021 and implemented on July 15, 2021) or the Administrative Punishment Law (revised in 2017)? Specifically, if the administrative organ intends to make a "prior notice of administrative punishment" to the administrative counterpart, should it be based on Article 44 of the "Administrative Punishment Law" (revised in 2021 and implemented on July 15, 2021), or should it be based on Article 31 of the "Administrative Punishment Law" (revised in 2017)? The theory of "law is not retroactive" is proved. One view is that when the problem is raised, the "Advance Notice of Administrative Punishment" should be made in accordance with Article 31 of the "Administrative Punishment Law" (2017 Amendment). It is certified as follows: Article 93 of the Legislation Law (amended in 2015) stipulates that laws, administrative regulations, local regulations, autonomous regulations, separate regulations, and rules shall not be retroactive, but in order to better protect citizens, legal persons, and other organizations Except for special provisions made for rights and interests. Article 37 of the Administrative Punishment Law (2021 Revision) stipulates that the implementation of administrative punishment shall be subject to the provisions of the laws, regulations and rules at the time of the illegal act. However, when the decision on administrative penalty is made, if the laws, regulations and rules have been amended or abolished, and the new provisions impose a lighter penalty or are not considered illegal, the new provisions shall apply. Therefore, because the illegal act occurred before the implementation of the new law, and Article 37 of the new law clearly stipulates the implementation of administrative penalties, the provisions of the laws, regulations and rules at the time of the illegal act shall apply. In the absence of a distinction between substantive law and procedural law, the provisions of the law have made legal reservations, and both substantive law and procedural law are uniformly applicable to the law at the time of the occurrence of the illegal act, and the new procedural law has no retroactive effect. To sum up, when the question is raised, the "Advance Notice of Administrative Punishment" shall be made in accordance with Article 31 of the "Administrative Punishment Law" (2017 Amendment). The theory of "procedural law from the new" is proved. Another point of view is that when the problem is raised, the "Advance Notice of Administrative Punishment" should be made in accordance with Article 44 of the "Administrative Punishment Law" (2021 Revision). It is certified as follows: Article 93 of the Legislation Law (amended in 2015) stipulates that laws, administrative regulations, local regulations, autonomous regulations, separate regulations, and rules shall not be retroactive, but in order to better protect citizens, legal persons, and other organizations Except for special provisions made for rights and interests. The Supreme People's Court issued.<关于审理行政案件适用法律规范问题的座谈会纪要>The Notice [Law (2004) No. 96] stipulates that when the people's court examines the legality of a specific administrative act, the provisions of the old law shall apply to substantive issues and the provisions of the new law shall apply to procedural issues, except in the following cases: (1) laws, regulations or rules provide otherwise; (II) the application of the new law is more beneficial to the protection of the legitimate rights and interests of the administrative counterpart; (III) the substantive provisions of the new law should be applied in accordance with the nature of the specific administrative act. The reply of the Supreme people's Court on the application of Judicial interpretation No. 28 of Fa [1996] [repealed by the decision of the Supreme people's Court on abolishing some Judicial interpretations (13th batch) (issued on July 8, 2019; implemented on July 20, 2019)] stipulates that Fa [1996] No. 28 of the Supreme people's Court "provisions on how to determine the place of performance of purchase and sale contracts in the jurisdiction of economic dispute cases". It is a procedural provision on the jurisdiction of the people's court. Regardless of whether the purchase and sale contract was signed before or after the entry into force of the provision, all cases of purchase and sale contract disputes brought to the people's court after the entry into force of the provision shall apply the provision, and the provisions of Article 19 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law shall no longer apply. The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law to Outstanding Cases at the Time of Implementation of the Amended Civil Procedure Law (Fa Shi [2012] No. 23) stipulates that the amended Civil Procedure Law shall be applicable to outstanding cases on January 1, 2013, unless otherwise provided in these Provisions. In the cases specified in the preceding paragraph, the procedural matters that have been completed before January 1, 2013 in accordance with the provisions of the Civil Procedure Law and relevant judicial interpretations before the amendment shall still be valid. Therefore, although the "procedural from the new law" is not clearly stated in the relevant laws, the "from the old and beneficial" established in Article 93 of the Legislative Law and the principle of procedural law from the new, because the revised procedural law is bound to be more conducive to protecting the rights and interests of citizens, legal persons and other organizations. As the most generally applicable procedural law-"Civil Procedure Law" before and after the amendment of the application of the problem, the Supreme People's Court has also given a clear answer to the new procedural law through judicial interpretation. Moreover, as early as 1998 and 2003, the answers given by the Supreme People's Court in the procedural provisions of case jurisdiction and the minutes of applicable laws in administrative cases are consistent with the aforementioned content. From the analysis of the text description stipulated by the law, Article 43 of the Administrative Punishment Law (revised in 2021) stipulates that "before making an administrative punishment decision, the administrative organ shall inform the party concerned of the contents, facts, reasons and basis of the administrative punishment to be made, and inform the party concerned of the rights of statement, defense and hearing according to law", which is more than Article 37 of the Administrative Punishment Law (revised in 2017) stipulates that "administrative punishment shall be imposed, the provisions of the laws, regulations and rules at the time of the violation shall apply. However, when the administrative penalty decision is made, the laws, regulations, and rules have been amended or abolished, and the new regulations are relatively light or not considered illegal. The application of the new regulations" adds and deletes the content, highlighting the "rights enjoyed by the parties in accordance with the law." The rights of statement, defense, and request for a hearing "further demonstrate the profitability of the procedure. To sum up, when the problem is raised, the "Advance Notice of Administrative Punishment" shall be made in accordance with Article 44 of the "Administrative Punishment Law" (revised in 2021 and implemented on July 15, 2021). The author is inclined to the second proof point of view, the reason is that the author basically believes that procedural law in principle only provides legal relief and the realization of rights (or power) methods and ways, in the case of the question, retroactive does not affect the trust interests of the subject of illegal acts. Coincidentally, the author inquired about the "Administrative Penalty Decision (State Municipal Supervision Penalty [2021] No. 74)" made by the State Administration for Market Regulation on October 8, 2021. The facts involved in the case occurred on or before April 2021, but The General Administration applied the new "Administrative Penalty Law" (revised in 2021). </关于审理行政案件适用法律规范问题的座谈会纪要>
2021-10-28
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
