31

2024-07

Viewpoint... Can government policy adjustments during the performance of the contract claim force majeure exemption?

After the establishment of the contract, the basic conditions of the contract have undergone major changes that the parties could not foresee at the time of the conclusion of the contract and are not commercial risks. If the continued performance of the contract is obviously unfair to one of the parties, the party adversely affected may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.

2024-07-31

31

2024-07

Franchising | Performance of Franchisor's Training Obligations and Risk Prevention

Articles 7 and 14 of the Regulations on the Administration of Commercial Franchising both stipulate that training is a legal obligation of the franchisor and an important means to achieve the purpose of franchising. Disputes arising from the franchisor's training obligation often occur, how the franchisor should fulfill the training obligation, what is the risk of not fulfilling the obligation, and how the franchisor carries out risk prevention, this paper elaborates on this.

2024-07-31

31

2024-07

International Legal Perspective. U.S. Export Controls Upgrade: BIS Revises Iran's FDP Rules.

On July 23, 2024, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) amended the Iran Foreign Direct Product Rules (Foreign Direct FDP Rules), which became effective on that date. BIS revised the Iranian FDP rules to further restrict Iran's ability to acquire key technologies and components by expanding the scope of export controls to Iran, thereby weakening its military strength and international influence.

2024-07-31

29

2024-07

Viewpoint... The determination and analysis of the validity of the resolution of the controlling shareholder's related transaction-taking the classic case of the Supreme Court as an example.

This paper clearly determines the basic points of the validity of the controlling shareholder's resolution on related transactions by analyzing a classic case of the Supreme Court judgment (Case No.:(2017) Supreme Court Civil Final No. 416).

2024-07-29

26

2024-07

Point of View... Analysis of the tenderer's liability for breach of contract without justifiable reason.

While bidding is widely used in modern economic life, there are also some legal problems. In judicial practice, we will encounter the situation that the tenderer delays or even refuses to sign a written contract with the winning bidder after issuing the "Letter of Acceptance" to the winning bidder for various reasons. In this case, is the contract between the two parties established? Does the tenderer constitute a breach of contract? If it constitutes a breach of contract, what kind of liability should the tenderer bear? This paper analyzes the above-mentioned problems in the light of legal provisions and relevant judicial precedents.

2024-07-26

26

2024-07

Viewpoint | A Brief Analysis of the Establishment Process of Foreign Investment Enterprises

The purpose of this article is to provide you with a detailed analysis of the key steps of each step from the initial preparation to the formal operation of foreign-invested enterprises, so as to help you and your customers enter the Chinese market efficiently and in compliance. This article will delve into the comprehensive process of setting up foreign-invested enterprises and provide readers with a preliminary guide to investing in China.

2024-07-26

26

2024-07

Viewpoints... The combing and common problems of the crime of concealing and concealing the proceeds of crime and the proceeds of crime.

The crime of concealing and concealing the proceeds of crime and the proceeds of crime, commonly known as "concealment crime", is a downstream crime of theft, embezzlement, fraud, robbery, robbery and other crimes. Since the state began to focus on cracking down on cyber crimes in 2020, the crime of concealment and helping letters has become a high incidence of crimes under the current situation of comprehensively cracking down on cyber crimes and telecommunications fraud. This paper intends to conduct a comprehensive review and analysis of the crime of concealment.

2024-07-26

24

2024-07

Point of View... The defense path for the first defendant to seek the identification of an accessory.

The order set out in the indictment is only a temporary judgment of the procuratorial organ, not the final definition of criminal responsibility. The criminal responsibility of different accomplices still needs to be found and judged by the court through the trial, and still needs to be bound by the standard of judgment of accomplice responsibility. Even when the defendant is the first defendant, as long as he reasonably grasps the judgment standard of accomplice, comprehensively reviews the whole process of joint crime and accurately chooses the defense path, he still has the opportunity to strive for the identification of accessory for the first defendant in the indictment.

2024-07-24

24

2024-07

Viewpoint. Under the new company law, the legal risk and prevention of company dissolution and liquidation.

On December 29, 2023, the seventh meeting of the standing Committee of the 14th National people's Congress voted to adopt the newly revised Company Law, which is scheduled to come into force on July 1, 2024. Among them, the dissolution and liquidation obligations have undergone major changes. The new "Company Law" has further refined the procedures for the dissolution of the company. The dissolution and cancellation of the company is not a simple matter, and the responsibility should be borne.

2024-07-24

19

2024-07

Viewpoint | Assisting in the arrest of accomplices and not being caught on the spot, can meritorious service be recognized?

In the defense of criminal cases, meritorious service is a very important sentencing circumstances, the correct identification and handling of meritorious service circumstances, for the realization of the defendant's sentencing substantial reduction, the realization of criminal justice is of great significance.

2024-07-19

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