31
2024-12
In the financial arena, the issue of non-performing assets in banks is gradually becoming a focal point. In recent years, with the shift in economic growth rates and the increasingly complex market environment, the scale of non-performing assets in banks has shown an upward trend. Non-performing assets are like a "tumor," eroding the healthy body of banks. They not only lead to a decline in asset quality, affecting the profitability of banks, but also weaken their ability to withstand risks. When the proportion of non-performing assets is too high, banks may face difficulties in cash flow, potentially triggering a bank run crisis, which can severely impact the stability of the financial system. At the same time, the increase in non-performing assets will make banks more cautious in credit issuance, thereby reducing support for the real economy and further hindering economic recovery and development.
2024-12-31
31
2024-12
Perspective | Legal Protection of Minors' Personal Information on Online Platforms
There are issues of personal information leakage and abuse of minors on online platforms, which greatly affect the physical and mental health of minors. Our country has been continuously promoting the protection of minors' personal information rights from a legal perspective, with minors under the age of 16 being the target of protection. The personal information of minors is considered sensitive information and should be strictly protected. The informed consent mechanism of guardians, as a legal prerequisite for the protection of minors' personal information on online platforms, faces practical difficulties and can be differentiated based on "contextual differences". Furthermore, future legislation on the protection of minors' personal information should be more specialized and refined.
2024-12-31
31
2024-12
The procuratorial organs are participants in the entire process of the administrative public interest litigation system and are also the leaders of the pre-litigation procedures. The author believes that the fundamental reasons for issues such as excessively high standards for the proof of investigation and verification rights, overly specific requirements for the content of pre-litigation procuratorial suggestions, and unclear regulations on the scope of pre-litigation procuratorial suggestions, lie in the procuratorial organs' neglect of the phased characteristics of the administrative public interest litigation system. They have failed to clarify their dual identity as "specialized legal supervision organs" and "public interest representatives," and have not balanced their pursuit of legal supervision and public interest protection in the pre-litigation procedures. This article aims to analyze the operational issues by exploring the phased characteristics of administrative public interest litigation, the role positioning of procuratorial organs as legal supervisors in pre-litigation procedures, and the pursuit of promoting lawful administration. It is hoped that this will provide a simple perspective for solving the challenges in the operation of pre-litigation procedures.
2024-12-31
31
2024-12
After the People's Court accepts the bankruptcy case of a bankrupt enterprise (also known as the "debtor"), one of the primary tasks of the bankruptcy administrator (hereinafter referred to as the "administrator") is to sort through the contracts signed by the bankrupt enterprise with external parties and analyze whether to continue performing them. Article 18 of the Enterprise Bankruptcy Law states: "After the People's Court accepts the bankruptcy application, the administrator has the right to decide whether to terminate or continue performing contracts that were established before the acceptance of the bankruptcy application and that have not been fully performed by both the debtor and the other party, and must notify the other party. If the administrator does not notify the other party within two months from the date of acceptance of the bankruptcy application, or does not respond within thirty days from the date of receiving the other party's notice, it is deemed that the contract is terminated. If the administrator decides to continue performing the contract, the other party must perform; however, the other party has the right to request the administrator to provide a guarantee. If the administrator does not provide a guarantee, it is deemed that the contract is terminated." The above provisions are referred to as the "rules for unperformed contracts." The law is specific and clear, but there are still many questions and disputes in practice. This article combines legal provisions, relevant case law, and practical experience to study related issues for critical discussion.
2024-12-31
31
2024-12
The first paragraph of Article 88 of the new Company Law, which will be implemented on July 1, 2024, states: "If a shareholder transfers equity for which the capital contribution has been subscribed but the contribution period has not yet arrived, the transferee shall assume the obligation to pay the capital contribution; if the transferee fails to pay the capital contribution in full and on time, the transferor shall bear supplementary liability for the unpaid capital contribution by the transferee." The fourth article of the concurrently implemented "Several Provisions of the Supreme People's Court on the Temporal Effect of the Application of the Company Law of the People's Republic of China" stipulates that the first paragraph of Article 88 of the new Company Law has retroactive effect.
2024-12-31
31
2024-12
The non-performing assets of personal loans in small and medium-sized banks include various forms such as personal consumption loans, personal business loans, personal housing loans, and credit card overdrafts. These refer to the amounts in personal loans that have not been repaid on time as agreed. In recent years, influenced by economic fluctuations and the continuous expansion of the personal credit market, the scale of non-performing personal loans has surged dramatically, becoming an important aspect of the financial market that cannot be ignored.
2024-12-31
31
2024-12
The confirmation of members of rural collective economic organizations is a complex task that requires practical consideration and specific analysis of individual issues. There is currently no unified standard for this. Therefore, Article 11 of the "Rural Collective Economic Organization Law" is very much open to discussion.
2024-12-31
31
2024-12
This article focuses on the "Reply of the Supreme People's Court on the Effectiveness of the Clause Requiring Third-Party Payment as a Precondition for Payment in Agreements between Large Enterprises and Small and Medium Enterprises" (Fa Shi [2024] No. 11). It combines four contract dispute cases to deeply analyze the specific application of this reply in judicial practice. By examining the reasoning and outcomes of each case, it elucidates the important role of this reply in safeguarding the legitimate rights and interests of contracting parties and regulating market transaction order. Additionally, it explores the insights brought by this reply in practice, providing references for handling similar contract disputes and promoting fairness and stability in market transactions.
2024-12-31
31
2024-12
As of April 26, 2024, there are 302 valid laws in our country, categorized by legal departments, including 1 Constitution, 52 laws related to the Constitution, 24 civil and commercial laws, 97 administrative laws, 85 economic laws, 28 social laws, 4 criminal laws, and 11 procedural laws for litigation and non-litigation. The economic law department generally refers to a legal department that conducts overall, systematic, comprehensive, and integrated adjustments of socialist market economic relations. Laws such as the "Deed Tax Law," "Corporate Income Tax Law," "Accounting Law," "Asset Evaluation Law," "Budget Law," and "E-commerce Law" all belong to the economic law department. The 85 economic laws and their related regulations, rules, and normative documents constitute a vast legal system, forming the legal sources for the majority of market economic relations and compliance in economic activities. In practice, civil and commercial lawyers rarely handle civil and commercial cases while also considering the relevant economic laws and their regulations, rules, and normative documents. However, in the case of the People's Court of Qianhai Cooperation Zone, Shenzhen (2023) Yue 0391 Min Chu 10000, regarding the shareholder's right to know dispute involving Jiang and a certain company in Shenzhen, the application of economic law department laws and regulations addressed issues in civil and commercial cases.
2024-12-31
31
2024-12
A wholly state-owned company refers to a limited liability company or a joint-stock company that is solely funded by the state, with an institution fulfilling the responsibilities of the investor. Whether the investor of a wholly state-owned company is subject to the provisions of Article 23, Paragraph 3 of the new Company Law, which states that "in a company with only one shareholder, if the shareholder cannot prove that the company's assets are independent from the shareholder's own assets, they shall bear joint liability for the company's debts," there are currently two viewpoints in judicial practice regarding the joint liability for the debts of wholly state-owned companies.
2024-12-31
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
