04
2024-12
Perspective | Legal Research on the Definition and Scope of Application of False Advertising
False advertising refers to the behavior of advertisers, advertising operators, or publishers who publish advertisements containing false or misleading content to deceive or mislead consumers, thereby achieving the purpose of promoting goods or services. False advertising typically has misleading, deceptive, and hidden characteristics, often misleading consumers into making decisions that do not align with their own wishes or interests by exaggerating product performance, concealing important information, or fabricating facts. This behavior not only harms the legitimate rights and interests of consumers but also undermines the fair competition order in the market, and therefore must be legally punished and addressed.
2024-12-04
04
2024-12
On November 29, the "Innovative Collaboration and Shared Services for Building a Strong Province - 2024 Shandong Province Social Organization Service High-Quality Development Experience Exchange and Excellent Achievement Exhibition" was held at the Inspur Technology Park. This event was guided by the Shandong Provincial Civil Affairs Department and the Social Work Department of the Shandong Provincial Party Committee, hosted by the Shandong Provincial Federation of Social Organizations and Qilu University of Technology, with Zhongcheng Qingtai participating as a supporting unit.
2024-12-04
04
2024-12
Perspective | Bankruptcy Subordinated Debt and Related Judicial Opinions
According to Articles 109 and 113 of the Enterprise Bankruptcy Law of our country, as well as other legal provisions, the order of repayment for bankruptcy claims in our country is as follows: statutory priority claims and secured claims, employee claims, social security and tax claims, and general claims. Although the current classification system for bankruptcy claims does not explicitly define subordinated claims, the term has been introduced in documents such as bankruptcy trial summaries and local guidance documents. In judicial practice, a recognition and handling method for subordinated claims has gradually formed. This article will analyze how to specifically identify subordinated claims in bankruptcy proceedings from the perspective of judicial rulings.
2024-12-04
04
2024-12
Franchising | Disputes and Determination of Termination of Commercial Franchise Contracts
The provisions of the Civil Code regarding contract termination apply to commercial franchise contracts as well. The unique termination situations in commercial franchise contracts include the franchisee's right to terminate during the "cooling-off period" and the franchisee's right to terminate when the franchisor conceals or provides false information. In judicial practice, there is still some controversy regarding the recognition of the franchisee's exercise of the right to terminate and other circumstances for the termination of commercial franchise contracts.
2024-12-04
29
2024-11
"Nominal equity, actual debt," also known as "nominal stock, actual debt," refers to a situation in equity investment where the form of investment is represented as equity participation, with the aim of ensuring capital preservation and returns. However, the parties involved do not genuinely intend to engage in equity investment, and in essence, a lending legal relationship is formed between the investor and the financing party. Current laws and judicial interpretations do not provide a clear definition or application of "nominal stock, actual debt." However, the Asset Management Association of China, in its 2019 publication "Regulations on the Filing Management of Private Asset Management Plans for Securities and Futures Operating Institutions No. 4 - Private Asset Management Plans Investing in Real Estate Development Enterprises and Projects," clearly states: "The term 'nominal stock, actual debt' refers to an investment method where the investment returns are not linked to the operating performance of the invested enterprise, and the distribution is not based on the enterprise's investment profits or losses. Instead, it involves providing investors with a capital preservation and return guarantee, regularly paying fixed returns to investors as agreed, and redeeming equity or repaying principal and interest by the invested enterprise under specific conditions. Common forms include repurchase, third-party acquisition, betting agreements, and regular dividends."
2024-11-29
27
2024-11
Perspective | How Should "Lending Agreement" Be Determined in Private Lending?
Private lending mainly refers to the lending and repayment activities conducted between natural persons, legal entities, and non-legal entities engaged in lending business, using their own funds, characterized by occasional and non-profit nature. Article 668 of the Civil Code of the People's Republic of China stipulates that loan contracts should be in written form, except where there are other agreements between natural persons. According to the above provisions, although loan contracts should generally be in written form, in judicial practice, there are also cases of oral loans between natural persons. Therefore, proving whether there is a "loan agreement" between the parties is key to determining whether a private lending relationship exists. This article analyzes the identification of "loan agreement" in private lending between natural persons in conjunction with relevant cases.
2024-11-27
27
2024-11
In the chapter on the supervision of trials in the "Civil Procedure Law of the People's Republic of China," two ways to initiate a retrial procedure are clearly stipulated: the application for retrial by the parties involved and the initiation of a retrial by the people's court ex officio. In practice, the method of initiating a retrial by the people's court ex officio is commonly referred to as "discovered by the president of the court." Depending on the subject that initiates the retrial, there are two different scenarios: one is when the court itself decides to conduct a retrial, and the other is when the Supreme People's Court or a higher-level people's court decides to conduct a retrial. The court's ex officio retrial is essentially a form of self-supervision by the court over the case. The author, in conjunction with the relevant cases handled, will analyze and clarify the procedures and conditions for initiating such retrials.
2024-11-27
21
2024-11
Franchising | Performance of the Franchisor's Registration Obligations and Analysis of Legal Risks
The filing system is an important system in commercial franchising, with multiple functions and roles. Contract filing is also a crucial part of the franchisor's business activities. The "Regulations on the Administration of Commercial Franchising" and the "Administrative Measures for Commercial Franchising Filing (2023 Revision)" provide detailed regulations on filing. However, in practice, franchisors often overlook the filing process, leading to legal risks. This article elaborates on how franchisors should fulfill their filing obligations and the risks associated with failing to do so.
2024-11-21
21
2024-11
International Legal Perspective | Analysis of China's Foreign Investment Security Review System
The foreign investment security review system refers to a specialized mechanism and institution that conducts a comprehensive review of foreign investment activities involving "national security" to assess the risks and impacts of such investments on national security. This system aims to protect national security and interests, ensuring the legality and stability of foreign investments. This article will explore the construction, implementation, and impact of China's foreign investment security review system, helping foreign investors accurately understand the standards of foreign investment security review during their investment process in China, ensuring compliance of investment activities, and effectively managing and responding to potential uncertainties.
2024-11-21
21
2024-11
Perspective | Several Reforms in the New Mineral Resources Law
On November 8, 2024, the "Mineral Resources Law of the People's Republic of China" (hereinafter referred to as the "New Mineral Resources Law") was approved at the 12th meeting of the Standing Committee of the 14th National People's Congress and will come into effect on July 1, 2025. As a major country in mineral resources, the exploration and development of mineral resources are crucial to the national economy, people's livelihoods, and national security. This revision of the Mineral Resources Law is an important measure to ensure national resource security, implement the concept of ecological civilization, and promote high-quality development in the mining industry.
2024-11-21
Zhongcheng Qingtai Jinan Region
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