Good News | Zhongcheng Qingtai Jinan is located in Jinan City, the first legal service products competition won the first prize.

Leading the city's lawyers to take the road of professional development, creating competitive legal service products, and promoting the high-quality development of the industry through product innovation, the Jinan Lawyers Association organized the "Jinan Lawyers Industry First Legal Service Product Competition". Zhongcheng Qingtai (Jinan) Law Firm Yu Cuilan and Zhang Hao's legal service product of "Network System Batch Processing Small Special Financial Business", the legal service product of "Commercial Real Estate Mortgage Loan Securitization" by Xiaoyan's lawyer won the first prize, and the legal service product of "Practical Operation Guide for Right Holders of Compensation for Ecological Environment Damage" by Luo Xianghu and Liu Hui, lawyers Du Wentang and Wang Yehua won the second prize for their legal service products "Construction Project Compliance Risk Management Manual" and "Real Estate Development Enterprise Compliance Legal Risk List. Zhongcheng Qingtai (Jinan) Law Firm organized lawyers to learn the outstanding achievements of this competition and consciously set the requirements for the high-quality innovation and development of Jinan's lawyer industry. Cohesion and create competitive superior products, continuously enhance the innovative consciousness of lawyers and the competitiveness of law firms, and improve the quality and level of legal services.

2023-01-10

Honor | Zhongcheng Qingtai Jinan Institute Won the Honorary Title of "Special Contribution Award"

On January 9, 023, Jinan City Central District Urban Management Bureau held the 2022 work summary conference, at which advanced units and individuals since 2022 were commended. Shandong Zhongcheng Qingtai (Jinan) Law Firm won the honorary title of "Special Contribution Award. In 2022, lawyers from Shandong Zhongcheng Qingtai (Jinan) Law Firm, such as Li Jian, Zhao Kaiyong and Liu Xiaoyi, formed a legal service team to provide professional, high-quality and efficient common law services for Jinan City Central District Urban Administration in the process of urban management and administrative law enforcement. The main contents of the service include: all-round review of external correspondence, compilation of internal business legal practices and review of relevant agreements; in view of the difficult and complex matters encountered in the work, our lawyers will actively participate in on-site investigation and discussion meetings, give tips on the legal risks of difficult matters in combination with the actual situation, put forward feasible suggestions from the legal point of view as far as possible, and issue legal consultation opinions or oral suggestions; provide legal training and lectures, attach importance to special training in legal knowledge and legal practice, and explain the laws and regulations and current affairs hot spots involved in the urban management system, to promote the staff to establish a good legal awareness and legal concept in their daily work, avoid the adverse legal risks caused by illegal or unreasonable law enforcement, reduce the litigation burden, better promote the administrative organs to perform their duties in accordance with the law, and maintain the image of the government under the rule of law. Lawyer Li Jian (second from right) of Shandong Zhongcheng Qingtai (Jinan) Law Firm came to the stage to receive the award This award is the affirmation of the work of Zhongcheng Qingtai lawyers by the Urban Administration of Shizhong District of Jinan City. Zhongcheng Qingtai will devote itself to the high-quality development of legal services with a stronger sense of responsibility and mission. with the mission of providing excellent legal services and maintaining social fairness and justice, adhere to the service tenet of "centering on the center, serving the overall situation, paying attention to people's livelihood and contributing to society", and the service standard of "excellence" perfection, efforts to build a large-scale, professional, standardized, international first-class law firm.

2023-01-10

Dynamic | Zhou Jiakui, deputy director of Zhongcheng Qingtai Jinan Institute, was invited to participate in the training activities of "Legal Risks and Prevention in the Process of Signing Construction Contracts" of Licao Group.

On the morning of January 6, Zhou Jiakui, deputy director of the Civil Committee of Shandong Law Association and deputy director of Zhongcheng Qingtai (Jinan) Law firm, invited the legal department of Li Gao Group to carry out legal training activities entitled "legal risks and prevention in the process of signing construction contracts. All members of the legal department of Ligao Group and project personnel in North China participated in this training activity in the large conference room of the regional company and online respectively. This training coincides with the annual meeting of Ligao Group. In order to improve the business ability of the group's legal department and systematically grasp the possible legal risks in the process of signing the construction contract for the construction project, so as to better protect the group, lawyer Zhou Jiakui is specially invited to conduct this legal training. In this training, lawyer Zhou jiakui explained how to prevent and control risks in the signing of construction contracts from the aspects of "concept and composition of construction contracts for construction projects", "main features of new construction contracts", "legal risks and prevention of construction contracts for construction projects" and "legal practice of review of construction contracts for construction projects. Through the "Civil Code", "Construction Law", "Construction Project Quality Management Regulations" and "Construction Project Safety Production Management Regulations" and other parts of the provisions of the refinement, while with the case to be analyzed for the group legal staff to prompt the signing of construction projects The legal risks that are prone to contract, and the corresponding preventive measures are proposed. This training provides strong scientific guidance for preventing legal risks and escorting the healthy development of enterprises. After the meeting, the participants fully recognized and affirmed the training, and hoped that lawyer Zhou could continue to provide legal support to Ligao Group in the future.

2023-01-09

Dynamic | Zhongcheng Qingtai Jinan Institute Successfully Held the Third Phase (Knowledge of Property) Moot Court Activities

Pretty spring tip burst, heaven and earth cold condensation. In order to strengthen professional practice, help young lawyers consolidate their professional legal knowledge, master the process of case trial procedures, standardize the agency work of intellectual property cases, promote the personal development of young lawyers, improve their thinking ability, and exercise their adaptability in court trials, Zhongcheng Qingtai (Jinan) Law firm held the third mock court master performance competition on January 5, 2023. The intellectual property moot court revolved around the dispute over the infringement of the patent right of utility model, from the announcement of the court session, to the court investigation, court debate, to the final statement, the court verdict, and the actors who participated in the court performed their respective duties. In the mock trial, three lawyers, Mou Xun, Ding Xiuting and Zhu Bin, from the second intellectual property department of Zhongcheng Qingtai Law Firm, formed a collegial panel, with Yan Pingping as the clerk, Mao Xiang and Corning as the plaintiff's attorney, and Ma Xogan and Lin Yu as the attorney for both defendants in the mock case. Lawyers around the focus of the dispute, combined with the evidence in the case to prove, cross-examination, the debate is fierce. The judges of the collegial panel went deep and pushed forward the court investigation step by step, which vividly presented the real and standardized trial scene. Taking into account the need for epidemic prevention, other Zhongcheng Qingtai lawyers carefully attended the trial through online meetings. After the end of the trial, to participate in the trial of the lawyer Suna on the field moot court made a wonderful comment. Lawyer Mou Xun, who served as the presiding judge of this trial, carefully analyzed the defense ideas, strategies and specific viewpoints of the case, and put forward suggestions and suggestions for improvement on the ways and methods of representing intellectual property cases in the future. Never forget the past, the future guide. The first-instance judgment of the case was selected as "Top Ten Typical Intellectual Property Cases of Jinan Intermediate People's Court in 2019", and the second-instance judgment was selected as "Top Ten Intellectual Property Cases of Shandong Higher People's Court in 2019" and was selected by the Supreme People's Court. Selected as "2019 Typical Cases of Technical Intellectual Property in Chinese Courts". The participants of this activity took the case as a reference, made a mock court script, and took the opportunity of the mock court to lead everyone to review the typical cases. Other lawyers who participated in this event said that intellectual property cases are highly professional and require case handlers to have corresponding professional knowledge. Through this mock court activity, everyone has a deeper understanding of intellectual property cases. Through moot court activities, young lawyers can be familiar with the trial process, master the trial skills, and make full use of them in business learning and actual combat, which will also help to further deepen everyone's understanding of the strategy of building a powerful country with intellectual property rights and the importance of respecting and protecting intellectual property rights. Zhongcheng Qingtai Law Firm will, as always, be committed to creating a high-quality legal service platform and pursuing to provide more professional legal services for the parties.

2023-01-06

Viewpoint | New Deal is coming! The payment of project funds in the field of construction projects in Shandong Province is guaranteed!

Recently, in order to strengthen the management of project payment guarantee in the field of construction engineering in Shandong Province, standardize the payment guarantee behavior of construction units, safeguard the legitimate rights and interests of all parties in the project construction, and effectively curb the arrears of project payment and the wage behavior of migrant workers, the Department of housing and urban rural development of Shandong Province jointly issued the notice on printing and distributing the implementation measures of project payment guarantee in the field of engineering construction in Shandong Province (Trial Implementation) (hereinafter referred to as the measures), effective January 1, 2023! Let's take a look at the new policy of Shandong Province on the guarantee measures for the payment of project funds involved in the field of engineering construction! Guaranteed measures for payment of 1. works 1. The concept of project payment guarantee. The guarantee of payment of the project funds refers to the guarantee issued by the guarantor to the construction unit to the contractor to ensure the timely and full payment of the project funds in order to ensure that the construction unit fulfills the obligation of payment of the project funds stipulated in the construction contract or the general contract of the project. 2. The object of the project payment guarantee. Contractors include general construction contractors, general engineering contractors and professional contractors that directly sign construction or general engineering contracts with construction units. 3. Scope of Project Payment Guarantee The scope of the project payment guarantee includes the project advance payment, progress payment, project settlement balance, including labor costs such as migrant workers' wages, and does not include the project quality deposit. 4. Scope of implementation of project payment guarantee measures For construction projects within the administrative area of Shandong Province with a total contract price (provisional valuation) of more than 3 million yuan and a contract period of more than 3 months, the construction unit shall provide the contractor with a guarantee for the payment of the project funds. Encourage other construction projects to refer to the implementation. Government investment projects can be entrusted to the construction unit, the total contract price of 0.2 billion yuan, can be issued by the financial department of the project funds implementation certificate instead of the project payment guarantee letter. How the 2. provides guarantee measures for the payment of project funds. 1. The construction unit has the right to choose independently. The construction unit independently chooses the guarantor, voluntarily chooses the bank guarantee or the guarantee insurance to provide the guarantee in any form, or it can be replaced by the way of co-management of funds, and the contracting unit may not refuse. If a real estate development enterprise chooses the method of co-management of funds to replace the project payment guarantee, after the project starts to presale, it can use the presale funds in the supervision account to replace the co-management funds, and the real estate development enterprise, the contractor, the presale fund supervision department, and the bank that opened the account shall jointly sign the fund co-management agreement. Or by the opening bank relying on the supervision of the funds in the supervision account, to the contractor to issue an irrevocable bank guarantee to replace the original project payment guarantee. The contents of the fund co-management agreement, bank guarantee or guarantee insurance shall be standardized and legal, and may be in the form of an annex or set up by itself. The fund co-management agreement shall be confirmed and sealed by the construction unit, the contractor and the relevant party, the bank guarantee shall be an irrevocable independent guarantee, and the guarantee insurance clause shall be approved or filed by the insurance supervision and administration department. The bank or insurance institution that provides the project payment guarantee shall be a branch or a bank above the branch that is legally registered in Shandong Province and has obtained the written authorization of the head office to carry out the project guarantee business, or an insurance company that has obtained the qualification license to carry out the construction project guarantee insurance business and is legally registered in Shandong Province, and an insurance branch authorized by the head office. Banks or insurance institutions that provide guarantees for the payment of project funds shall implement a public announcement system, which shall be publicized and announced by the human resources and social security department, the housing and urban-rural construction department, and the banking and insurance supervision department. 2. The terms of the contract should be guaranteed. The project contract shall specify the form, amount and time of payment of the project payment guarantee, and the construction unit shall provide the project payment guarantee to the contractor in accordance with the contract. 3. The duration of the guarantee must be clear The start time of the validity period of the project payment guarantee period shall be the date of the signing of the project contract, and the expiration time of the validity period shall be 30 to 180 days after the completion and settlement of the project settlement. If the project contract cannot continue to be performed due to force majeure, the termination of the contract confirmed by the two parties or the effective judgment document, the construction unit may cancel or cancel the payment guarantee for the project after paying the project payment. 4. The amount of the guarantee is required. Before the completion and settlement of the project, the amount of the project payment guarantee is the amount of the single node project payment agreed in the project contract, and the maximum value is taken when the payment amount of different nodes is inconsistent. The minimum guarantee amount is calculated by progressive method. If the contract price is less than 10 million yuan, the guarantee amount shall not be less than 10% of the contract price. If the contract price is more than 10 million yuan and less than 0.1 billion yuan, the excess of 10 million yuan shall not be less than 5%. If the construction unit requires the contractor to provide a performance guarantee, the amount of the project payment guarantee shall not be less than the amount of the performance guarantee. When the project payment node is determined according to the image progress, the amount of project payment for a single node can be estimated according to the construction area multiplied by the average construction and safety cost of similar construction projects in the local area. 5. Requirements for change of guarantee period and amount Before the expiration of the validity period of the guarantee, if the amount of the guarantee does not conform to the provisions of the Measures due to the claim for the amount of the guarantee, the construction unit shall, within 30 days after the completion of the claim, make up the project payment guarantee in accordance with the provisions of these Measures; If the guarantee period does not meet the requirements due to project delay, settlement or payment delay, the construction unit shall continue to provide the project payment guarantee in accordance with the provisions of these Measures 30 days before the deadline of the original guarantee validity period. If the project cost fluctuates by more than 10% of the contract price due to design changes, construction process changes, material price changes, etc., the project payment guarantee shall be adjusted accordingly. Prohibitive provisions of 3. payment guarantee 1. It is strictly prohibited to pay for the project by non-cash means such as commercial acceptance bills. If a real estate development enterprise uses the presale funds in the supervision account instead of the co-management funds, it shall pay the project funds in strict accordance with the presale funds supervision method, and shall not use non-cash methods such as commercial acceptance bills to pay the project funds. If the real estate development enterprise has not settled the project payment when applying for the termination of the supervision of commercial housing presale funds, it shall continue to provide the guarantee for the payment of the project funds, and the party may lift the supervision of the presale funds. 2. Prohibitive provisions of the subject of security (1) The same bank or insurance institution shall not provide both a payment guarantee for the construction unit and a performance guarantee for the contractor on the same project at the same time. (2) If the construction unit provides a counter-guarantee, the counter-guarantor shall not be the contractor of the construction project or its affiliated enterprises. (3) The contractor may not appoint a specific guarantor and the security interest may not be transferred. The money obtained by the contractor as a result of the guarantee claim shall be used as a priority to pay the wages of migrant workers. Implementation Procedure of 4. Project Payment Guarantee 1. Provision time of new construction If the advance payment provided by the construction unit exceeds 10% (inclusive) of the contract price, it shall provide the contractor with a guarantee for the payment of the project funds within 30 days after obtaining the construction permit or the approval of the commencement report. If the construction unit fails to provide an advance payment or the advance payment is less than 10% of the contract price, it shall provide the contractor with a guarantee for the payment of the project funds after obtaining the construction permit or the approval of the commencement report and before the contractor enters the site. 2. Platform registration regulations After receiving the project payment guarantee certificate provided by the construction unit, the contractor shall upload the "migrant worker wage payment supervision platform" (hereinafter referred to as the "platform") within 7 days, and accurately fill in the project payment node and other information in accordance with the payment cycle agreed in the project contract. After the payment node information is submitted, it shall not be changed by itself. If it is really necessary to change due to project delay and other reasons, an application for change shall be submitted and the change can only be made after being examined and confirmed by the local competent department of the industry. The construction unit may entrust the contractor to upload the "certificate of fund source" to the platform. 3. Receipt confirmation registration After receiving the project progress payment, the contractor shall confirm the receipt on the platform, fill in the collection amount and upload the collection voucher. After the completion of the project settlement, the contractor shall upload the settlement documents and confirm the completion of the settlement. 4. Platform early warning measures According to the information of the project payment node, if the contractor fails to confirm the receipt of the project payment and upload the receipt voucher 30 days overdue, the platform will give an early warning. Local industry authorities shall investigate and deal with the warning information. The guarantor may supervise the performance of the construction contract by the construction unit and the contractor through the supervision platform. 5. Release of security measures After the completion of the project settlement, the project payment is settled, and the contractor issues the project payment settlement certificate, the project payment guarantee is terminated. Where a guarantee for the payment of the project funds is submitted in the form of a bank guarantee or guarantee insurance, the construction unit or the contracting unit shall return the guarantee certificate for the payment of the project funds to the guarantor. 6. Claims procedural measures (1) If the contractor completes the project construction task according to the contract, and the construction unit fails to pay the project payment according to the contract, or the construction unit fails to allocate the labor fee to the special account for migrant workers' wages in full and on time, the contractor may issue a written claim letter and corresponding supporting materials, requiring the guarantor to perform the obligation of compensation. When the contractor intends to claim compensation from the guarantor, it shall inform the construction unit in writing in advance, and the construction unit shall actively cooperate with the contractor to do a good job of the claim. (2) If the construction unit fails to pay the wages of migrant workers in full within the time limit, and the contractor claims for the wages of migrant workers, the bank or insurance institution providing the guarantee shall, within 3 working days after receiving the claim letter, pay the compensation fee to the designated special account for the wages of migrant workers. (3) Within 7 days after the completion of the claim, the contractor shall upload the amount of compensation, the date of payment and other information to the platform and inform the construction unit in writing. After the completion of the contractor's claim, the construction unit shall provide the project payment guarantee in full and in a timely manner in accordance with these Measures, and the contractor shall upload the supplementary guarantee voucher to the platform. To sum up, Shandong Province has issued the "measures", which provides favorable guarantee measures for the payment guarantee of construction funds, which not only standardizes the behavior of construction units to pay project funds, but also protects the legitimate rights and interests of all parties in the project construction, effectively curbs the arrears of project funds and migrant workers' wages, avoids the frequent occurrence of disputes over project payment, and reduces the problem of migrant workers' petitions for wages. It is conducive to maintaining the good development of the field of engineering construction in Shandong Province.

2023-01-04

New Year's Speech | Winter is not far from spring, but it is extremely Thai!

The wheel of time is moving forward in the heat and cold, and we are diligent in our long-cherished sleep. The past year has been an unforgettable experience, a century of accelerated evolution, and the haze of the epidemic has been delayed so far. Looking through the situation in the changing situation and looking for good opportunities in the crisis, the 20th National Congress of the Communist Party of China was held smoothly, drawing a grand blueprint for building a socialist modern country in an all-round way and promoting the great rejuvenation of the Chinese nation with Chinese-style modernization. Opportunities and challenges are intertwined, persevering and running coexisted. There is always endless hope, like grass born to the sun, swaying in the wilderness of time, showing the power of life. We have never looked forward to this spring so much, because winter has arrived and spring is not far away! This year, we in the shadow of the epidemic center hand-in-hand, sunny ploughing rain reading, and constantly adjust the pace of their work, every one of the people, always with their greatest goodwill, loyalty and persistence, with colleagues, family members, the same frequency resonance. This year, we worked hard and worked hard on the selected waterway, using team, professional, and warm legal services to realize our own value of the rule of law and escort our customers into the blue sea. The sequence of the year is easy, the chapter is new, and the time is silent, because the answers are all in the time. May we allow 2022 to say goodbye gently and invite 2023 to the splendid chapter. May we walk all the way to brightly lit. I sincerely wish that in the new year, Zhongcheng Qingtai and all my colleagues will be confident, self-reliant, upright and innovative, vigorous and courageous, plan a new journey and write a new chapter with the spirit of not waiting for time! Sincerely wish everyone a happy New Year, good health and a happy family! Sincerely wish our great motherland a favorable weather and peace and security! Shandong Zhongcheng Qingtai Law Firm January 1, 2023

2023-01-01

Viewpoint. Policy interpretation: "Data 20" of the three power-sharing framework.

Recently, the "Opinions of the Central Committee of the Communist Party of China and the State Council on Building a Data Infrastructure System to Better Play the Role of Data Elements" (hereinafter referred to as the "Opinions") was issued. The Opinions put forward six major aspects, a total of 20 policy initiatives to build a data-based system, also known as "data 20". Among them, innovative measures such as the "separation of three rights" of data property rights, the construction of a multi-level data trading market system, and the promotion of public data sharing and circulation have attracted great attention from all walks of life. In fact, as early as June 22 this year, the "Opinions on Building a Data Infrastructure System to Better Play the Role of Data Elements" reviewed and approved at the 26th meeting of the Central Committee for Comprehensively Deepening Reform proposed "to establish a data property rights system and promote public Data, enterprise data, and personal data are classified and authorized to use, and a separate property rights operation mechanism such as data resource holding rights, data processing use rights, and data product management rights is established, improve the data element rights and interests protection system". The framework of "separation of powers" corresponds to the different interests of individuals, enterprises, society, the state and other relevant subjects on data. This innovative concept of data property rights weakens ownership, emphasizes the right to use, and focuses on the circulation of data use rights. It also puts forward new requirements for the operation of the data market and data transactions, especially for data service providers and related third-party service agencies. The service content also poses new challenges. 1. data resource holding rights When various issues involving data are raised, the main thinking of legal researchers generally begins with data ownership. The use of traditional property rights similar to the design method has also become a kind of taken for granted scheme-as of course for the ownership design of intellectual achievements, the use of property rights model and finally formed the intellectual property system. However, this idea has more obstacles in the context of data. While people are used to comparing data to oil or gold, unlike both, the system of data value is based on large-scale convergence and has incremental marginal returns, while individual or fragmented data has a rather limited capacity for wealth creation. Therefore, the Opinion does not use the concept of "ownership", but rather a "right to hold". The holding of data resources is related to different subjects. In terms of broad categories, data can be divided into public data, corporate data and personal data, and accordingly, data holders should include governments, businesses and individuals. For public data, it should generally be held and controlled by the management department; for enterprise data collected and processed by enterprises in production and business activities that do not involve personal information and public interests, these market entities have the right to hold, control and benefit data; For data carrying personal information, it is held by individuals, or collected, held and used by specific data processors within the scope of personal authorization. Right to use 2. data processing In national standards or industry guidelines, data processing refers to the activities of filtering, classifying, arranging, encrypting, and labeling data. The establishment of this right is mainly to protect the labor interests of data processors such as data collection and processing, recognize and protect the data-related rights obtained in accordance with legal provisions or contractual agreements, and fully protect the rights of data processors to use data and obtain benefits. Of course, the premise of enjoying this right is that the source of the data is legal and compliant. For illegally obtained data, the data processor not only has no right to process and use, but may also constitute tampering, destruction, disclosure of data or illegal use of data. According to some scholars, the right to use data processing belongs to a concept similar to usufruct, including control, development, licensing, transfer and other rights. However, the exercise of these rights will be limited by other rights such as the right to hold data. For example, when personal data is used for automated decision-making, unreasonable differential treatment should be avoided, and when information push and commercial marketing are carried out, options or convenient rejection methods that are not specific to personal characteristics should be provided; data processors should take encryption, de-identification, anonymization and other technical measures and other necessary measures to ensure data security. In the event of a data security incident, disposal measures should be taken immediately, inform users in a timely manner and report to the relevant competent authorities; data processing activities including processing and use shall not exceed the scope of legal authorization or contractual agreement. 3. data product management right The right to operate data products further reflects the attributes of data as an object of transaction and protects the market interests of data competitors. Its main manifestation is the restriction of third-party competition by the subject of data rights. The main content is to prevent competitors in the same industry from improperly using their data products to obtain benefits. In the era of big data, data products can bring considerable business benefits and market competitive advantages to enterprises, and the right to operate data products enables data processors to protect their data inputs (including data acquisition and processing). At present, China's data competition justice has basically established the principle of "triple authorization", that is, when an enterprise wants to obtain the data of other enterprises, it needs to obtain the authorization of users and data enterprises at the same time, and also needs the consent and authorization of users to the data holding enterprises. While effectively protecting the rights of personal data, this framework relies too much on the "informed consent" of users, which is not conducive to fostering a shared and fair competition data element market. The data product management right in the data 20 reflects the principle of "who invests, who contributes, who benefits", and promotes the reasonable tilt of data element income to data value and use value creators. At the same time, in the secondary distribution, three distribution stage, focus on the public interest and relatively vulnerable groups, to prevent and regulate the disorderly expansion of capital in the data field to form a market monopoly and other types of risk challenges.

2022-12-27

Point of View | Read "Shandong Province Mineral Resources Master Plan (2021-2025)"

The Department of natural resources of Shandong Province, the development and Reform Commission of Shandong Province, the Department of industry and information technology of Shandong Province, the Department of finance of Shandong Province, the Department of ecological environment of Shandong Province, the Department of water resources of Shandong Province, the Department of emergency management of Shandong Province and the Energy Bureau of Shandong Province jointly issued the master plan of mineral resources of Shandong Province (2021-2025) (hereinafter referred to as the rules). The "Plan" is an important means to strengthen and improve the macro-management of mineral resources in Shandong Province, an important basis for approving and supervising the exploration, development and protection of mineral resources in accordance with the law, and an important follow for mineral resources management. Related industry planning involving mineral resources development activities shall be linked with this Plan. 1. guiding ideology Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the 19th Plenary Sessions, thoroughly implement Xi Jinping's ecological civilization thought and overall national security concept, and earnestly implement the important instructions of General Secretary Jinping on Shandong Work Requirements, in accordance with the spirit of the 12th Provincial Party Congress and the major decisions and deployments of the Provincial Party Committee and the Provincial Government, firmly anchor "walking ahead and opening new bureau", serving the ecological protection and high-quality development of the Yellow River Basin and the regional development strategy of "one group, two hearts and three circles" in Shandong Province, based on the new development stage, implementing the new development concept, integrating into the new development pattern, aiming at ensuring the needs of economic and social development, taking the green and high-quality development of mining industry as the theme, taking the protection and rational utilization of mineral resources as the main line, and taking reform and innovation as the driving force, Deepen the reform of mineral resources management reform, comprehensively improve the level of intensive and economical development and utilization of resources, scientifically regulate and control the supply of mineral resources, ensure the safety of energy resources, and promote the transformation of mining to large-scale, intensive, intelligent, and green, and form higher-quality, more efficient, and more sustainable minerals The new pattern of resource protection and rational utilization serves the high-quality economic and social development of Shandong Province. 2. basic principles -- Resource guarantee and safe supply. -- Ecological priority and green development. -- Space control and layout optimization. -- Market allocation and fair competition. -- Overall planning and win-win cooperation. 3. planning objectives (I) 2025 targets 1. The province's geological work service support areas have been newly expanded. Positive progress has been made in the geological survey of important mineralization areas (belts), important ecological function areas, key river basins, offshore waters and major engineering areas; the geological survey of cities in downtown areas with districts has been basically completed. 2. New breakthroughs have been made in mineral resources exploration. Implement a new round of prospecting breakthrough strategic actions, strengthen the investigation, evaluation and exploration of strategic minerals, and strive to discover and evaluate no less than 10 large and medium-sized mineral areas. 3. The total amount of mineral resources development management to achieve new goals. The province's total annual mineral development is controlled within 1 billion tons, and the number of solid mineral mining rights is expected to be about 1000. 4. The pattern of mineral resources development and protection has reached a new height. By 2025, the proportion of large and medium-sized mines with solid minerals will not be less than 65%. The layout of mineral resources development with priority protection, reasonable functions and strong control has basically taken shape. 5. The conservation, intensive and comprehensive utilization of mineral resources has reached a new level. The scientific and technological innovation ability of mineral resources development and utilization has been significantly enhanced, advanced and applicable technologies have been widely used, and the comprehensive utilization level of associated minerals, waste rocks and tailings has been further improved. New achievements have been made in the green and intelligent development of mining industry. All new mines are planned and constructed in accordance with the requirements of green mine construction; production mines are accelerated to upgrade and gradually meet the standards for green mine construction. Pilot projects for the intelligent construction of large and medium-sized mines have been launched, and the level of intelligence in the development and utilization of mineral resources has been gradually improved. 7, mineral resources management system and governance capacity to achieve new improvement. The system of transferring mining rights has been effectively improved, the reform of "release, management and service" has been promoted, an information system for the protection and supervision of mineral resources has been established, and the level of informatization of mineral resources management has been further improved. (II) Vision 2035 By 2035, the allocation of mineral resources will be more reasonable, the order of development and utilization of mineral resources will be more standardized, the market system of mining rights will be more perfect, the structural layout of mineral resources will be more reasonable, the supply capacity of mineral resources will be greatly improved, the utilization efficiency will be greatly improved, the supply of scarce resources will be increasingly stable, the strategic value of advantageous resources will be brought into full play, and green exploration and mining will be basically popularized, The development will coexist in harmony with natural ecology. 4. Optimizing the Protection Pattern of Mineral Resources Exploration and Development 1. Designation of "4 resource areas" Including the Ludong gold and crystalline graphite resource area, the central and southern Shandong iron-based building materials non-metallic resource area, the southwest Shandong coal resource area and the Yellow River Basin (Shandong section) oil and gas geothermal resource area. 2. Identify "5 functional areas" There are 4 planned energy resource bases, 10 national planned mining areas, 4 strategic mineral resource protection areas, 15 key exploration areas, and 81 key development zones. 3. Implementation of "six major projects". Planning and implementation of Jiaodong world-class gold industry base construction project, basic public welfare geological survey project, mineral resources survey evaluation and exploration project, mineral resources conservation and utilization and protection project, green mine construction project, intelligent mine construction project. Exploitation and Protection of Mineral Resources in 5. 1. Development, utilization and protection direction Implement the management and control requirements of energy resource bases, national planning mining areas and key mining areas, and promote the optimal allocation of resources. Strengthen the reserve and protection of coal, iron, gold, copper and other mineral resources, as well as the management of the overlaying of strategic mineral resources. Comprehensively promote the "net ore" transfer of sand and gravel minerals, and actively promote the "net ore" transfer of other minerals. 2. Development and utilization of intensity regulation We will implement the management of the total amount of mineral resources exploitation, rationally regulate and control the intensity of development, and stabilize the supply of major mineral resources. 3. Development and utilization structure Optimize the scale and structure of existing mines, and strive to increase the proportion of large and medium-sized solid mineral mines in the province to more than 65% by the end of the planning period. The scale of newly-built coal, gold, iron, stone for construction and other mines must be medium-sized or above. Further optimize the product and technology structure. 4. Transfer-in conditions for new mines New mining rights must conform to the planning block settings. Among them, new open-pit mining projects such as sand and gravel minerals need to be located in the key mining areas designated by the provincial mineral resources master plan. Strictly control the minimum mining scale of new mines. The new batch of gypsum mines will continue to be stopped during the planning period. The new mining right strictly implements the control requirements of the three control lines of land and space. Strictly restrict the transfer of mining rights agreements. Support the integration of resources. 5. Conservation and protection of mineral resources Strengthen the conservation and intensive and comprehensive utilization of mineral resources, strengthen the evaluation of the "three rates" indicators, and implement the main responsibility of enterprises for conservation and comprehensive and efficient utilization of mineral resources. Encourage scientific and technological innovation and promote advanced and applicable technologies. 6. Mining planning block There are 14 new development planning blocks with an area of 13.54 square kilometers, mainly gold, iron, titanium, graphite and fluorite lamps. 7. Standardize the development and utilization of sand and gravel resources Strict mining rights are put in, the production scale of stone mines for new buildings is not less than 1 million tons/year, and the service life is not less than 10 years. The implementation of the "overall transfer, overall development" model, and promote large-scale mining. Explore the end effect control, co-ordinate the development and utilization of sand and gravel resources and ecological restoration. Support the coordinated development of industries. 8. Standardize the development and utilization of geothermal resources Optimize the layout of geothermal resources development and rationally delineate development planning blocks. Coordinate the development of geothermal resources and groundwater protection, explore and solve the contradiction between geothermal development and water resources protection in groundwater prohibited areas, and promote the coordinated development of geothermal resources and oil and gas resources. 6. promotes green development of mining industry 1. Implementation of green exploration The concept of green development runs through the whole process of exploration activities. 2. Building green mines Implement the national, provincial, municipal, and four-level joint venture, enterprise owner construction, third-party evaluation, and social supervision work system, and improve incentive policies. By 2025, the green mining pattern in Shandong Province will basically take shape, and the four approved by the Ministry of Natural Resources The construction of green mining development demonstration zones has been completed, and green mine construction projects continue to be at the forefront of the country. 3. Build a smart mine Focus on gold mines and coal mines with construction conditions, promote digital, information, and intelligent construction, build a number of intelligent mines, and realize safe, green, and efficient intelligent management of mines. 4. Strengthen the ecological protection and restoration of mining areas Strengthen source control, promote the rational development of mineral resources and effective protection of the ecological environment. Urge mining enterprises to implement the main responsibility, strictly implement the mine geological environment protection and land reclamation program. 7. planning implementation and management. Including strengthening organizational leadership, policy support, planning implementation, implementation evaluation, talent science and technology support, publicity and guidance, etc., specific safeguard measures are proposed to ensure the effective implementation of the "Plan.

2022-12-27

Viewpoint | Can a husband-and-wife company be recognized as a one-person company?

Relevant cases of the Supreme Court in recent years: 1. Supreme People's Court heard the "Xiong Mou, Shen Mou application executor execution objection lawsuit retrial case" Highlights of the referee: The core issue is whether Qingmanrui is a one-person limited liability company. All the equity of Qingmanrui Company is essentially derived from the same property right, and is jointly enjoyed and controlled by one ownership. The equity subject has the consistency of interests and the unity of substance; at the same time, according to the provisions of Article 63 of the Company Law, it is considered that the assets of the company are Xiong and Shen, and the two parties are husband and wife, and the interests are highly consistent, and it is difficult to form effective internal supervision, the burden of proof that the company's property is independent of the shareholders themselves is allocated to the two shareholders, Xiong and Shen. The Supreme Court considers that there is a high degree of similarity between Qingmanrui and one-person limited liability companies in terms of subject composition and normative application. The Supreme People's Court upheld the second-instance judgment, that is, "Xiong and Shen are jointly and severally liable for the debts of Qingmanrui Company" 2. Supreme People's Court heard the "Taian Daiyue District Xindilong Drilling Service Center, Jia Juan Execution Objection Case Retrial Review and Trial Supervision" Highlights of the referee: As a limited liability company, Hongnuo Air Conditioning Company still lacks legal basis for defining it as a "one-person limited liability company", even if it is established by shareholders Jia Juan and Liang Ruolin with the joint property of husband and wife as described by the New Earth Dragon Well Center. In this regard, the original trial found that the claim of the Xindilong Drilling Center did not conform to Article 20 of the "Provisions on Changes and Additional Parties" and was not improper. It ruled that the retrial application of Xindilong Drilling Service Center in Daiyue District of Tai'an City was rejected. 3. case of dispute over construction contract between Xi'an Tianhong Electric Co., Ltd. and Qinghai Liteng New Energy Investment Co., Ltd. tried by the Supreme People's Court of China" Highlights of the referee: Regarding the issue of whether Li Ping should bear joint and several liability for repayment, the court believes that, in combination with the facts found out in the original trial, Li Ping and his wife often contributed capital to Qing. The shareholders of the company are not one and all have fully fulfilled their capital contribution obligations. Tianhong Company also has no evidence to prove that Li Ping's property is mixed with that of Li Ping. Tianhong Company claims to investigate Li Ping's joint and several liability according to the relevant legal provisions of one company, the legal basis is insufficient; the first-instance judgment found that Li Ping was not liable for joint and several settlement, and there was no improper, and the Court upheld it. Lawyer's view: According to Article 57, paragraph 2, of the Company Law, "A one-person limited liability company referred to in this Law refers to a limited liability company with only one natural person shareholder or one legal person shareholder." According to the literal interpretation of this provision, the basis for determining a one-person limited liability company is the number of shareholders, not the source of the shareholders' capital contribution, and not the independent judgment of whether the company is essentially a one-person limited liability company based on whether the property of the shareholders is independent. In the absence of clear provisions in the law and judicial interpretation, the practice of easily identifying husband and wife companies as one-person companies in judicial practice lacks legal basis. At the same time, China's law does not prohibit husband and wife or other people who have a joint property relationship to contribute to the same limited company, the husband and wife company as a substantial one-person company may exist excessive interpretation. As for whether the husband-and-wife company should bear joint and several liability for the company's debts with the personal property of the shareholders, whether the husband-and-wife company is a substantial one-person company should not be examined. According to the provisions of Article 20 of the Company Law, it should be examined whether the shareholders of the husband-and-wife company and the company's property are mixed, and whether it is in line with the elements of denial of legal personality, so as to judge the shareholders to bear joint and several liability for the company debts.

2022-12-26

Viewpoint... Compliance risk management and control of state-owned enterprises and its countermeasure analysis.

With the rapid development of economy, all kinds of enterprises are constantly reforming to adapt to today's economy and society, and the reform of state-owned enterprises is also deepening, but due to various reasons, there are many business risks in state-owned enterprises. As a lawyer, when providing legal services for state-owned enterprises and avoiding corporate legal risks, we should identify, analyze, evaluate and propose corresponding countermeasures to the current status of compliance risks of state-owned enterprises, aiming to help state-owned enterprises clarify departmental powers, strengthen information exchange, and enable state-owned enterprises to establish a complete compliance risk management and control system. Under the condition of market economy, state-owned enterprises are facing more and more opportunities and challenges, and compliance risk management and control, as one of the key links, is gradually concerned by the top management of enterprises. In order to promote the comprehensive strengthening of compliance management in state-owned enterprises, the State-owned Assets Supervision and Administration Commission of the State Council issued the "Guidelines for Compliance Management of Central Enterprises (Trial)", and the state issued the "Guiding Opinions on Strengthening the Compliance Risk Management of State-owned Enterprises", etc. Corresponding compliance management guidelines have been issued. Shandong Province has also issued the "Guidelines for Compliance Management of Provincial Enterprises" to promote the compliance management of provincial enterprises. State-owned enterprises not only strengthen their own compliance risk management, but also use professional lawyers and other external professional institutions to control compliance risks of enterprises., Identify corporate compliance risks, improve the level of legal compliance management, and ensure the sustainable and healthy development of enterprises. Status and Analysis of Compliance Risk Management and Control of State-owned Enterprises in 1. (I) lack of risk control system The construction of risk control system has always been related to the development of all kinds of enterprises. With the gradual reform of state-owned enterprises from "managing assets" to "managing capital", the construction of risk prevention and control system of state-owned enterprises is more important. In 2011, the National Development and Reform Commission issued relevant laws, requiring all regions to further improve the autonomy and control of business activities of local governments in their administrative areas, and income distribution mechanisms. At present, the traditional management concept of some state-owned enterprises is deeply rooted in the enterprise management, and the old method is followed. The consequence of this is that the internal control system of compliance risk is not perfect, and there are a series of problems such as unclear job responsibilities, low comprehensive ability of employees and weak awareness of risk prevention. For example, a Nanjing Electric Power Group Co., Ltd. has not established a complete compliance risk control system, coupled with the internal risk control system is not sound, the quality of employees is not high, in recent years, there have been frequent problems in compliance risk control management. This reflects from the side that the company did not respond to a series of relevant policies and measures issued by the state in time to adapt to standardized management and guidance, and there was no risk awareness, and errors naturally occurred in the operation. Miscellaneous and unclear powers and responsibilities of (II) departments Clear powers and responsibilities, departments perform their own duties is one of the basic requirements for the good operation of enterprises, and too many institutions will increase the expenditure of enterprises to a certain extent, increase the burden. At the same time, the existence of a large number of institutions may lead to the shirking of responsibilities and slow down the efficiency of anti-risk, resulting in various compliance risk control measures and steps formulated by enterprises are mere formality, have not been implemented, and naturally can not play its effect. In the actual operation process, there may be situations such as too centralized approval authority and weak internal control. When requesting approval, it will take a lot of time and it is easy to make unclear progress and have no way to complain. In the absence of an effective supervision mechanism to restrict the behavior of relevant personnel and the emergence of violations of laws and regulations, it is easy to cause the formation of a situation of insider control, which in turn breeds the soil of corruption. Moreover, the internal control construction of some state-owned enterprises in our country is seriously formalized, and some managers do not have the competence and management ability, and even some managers use their power for personal gain. The fundamental essence is that there is no clear responsibility and authority of each department, and the unclear division of responsibilities between departments within the enterprise and between superiors and subordinates leads to cross-functions and vague definition of responsibilities. The various departments of the enterprise shirk their responsibilities to each other, and even some managers are too perfunctory and do not carry out actual investigation and research when formulating strategies, but make decisions idealistically divorced from reality. In the long run, the formation of fixed sets and models is not conducive to compliance risk control. Low (III) resources and information sharing In the era of big data, resources and information have become a vital thing. To a certain extent, it can be said that whoever has mastered information and resources will have the opportunity to develop. In view of the monopoly of information and data in the market, China has promulgated the "the People's Republic of China Anti-monopoly Law" and other laws to deal with it, so as to safeguard the right of all kinds of enterprises to develop fairly. But in fact, there is also a problem of poor communication of information and resources within state-owned enterprises. In some state-owned enterprises, there are often situations such as less horizontal departmental exchanges and less information sharing, and even the staff have become accustomed to this. In fact, in the long run, it will not only bring about the blockage of internal information, but also not conducive to the improvement of the enterprise's comprehensive compliance risk management and control ability. In the actual operation of the enterprise, due to the lack of sharing and communication between various departments, there will be a large number of duplication of various types of work, poor resource coordination, low work efficiency and so on. Not only does it not give full play to the advantages of internal coordination and cooperation of state-owned enterprises, but it will waste a lot of time and human resources, but it does not have a good effect on the solution of the final problem. At the same time, the lack of effective communication between various departments within the enterprise, between superior and subordinate employees and superior leaders can easily lead to the decline of the operation ability of the enterprise, and various problems can not be solved in time. The accumulation will cause more serious consequences, which will bring greater risks and is not easy to remedy. The consequences of poor information communication may also have problems such as poor corporate culture construction and poor future development. It is necessary to discover and deal with them in time to avoid worse situations. Countermeasures for 2. compliance risk management and control (I) enterprises to strengthen the establishment of risk management and control system In the process of compliance risk management and control, state-owned enterprises should comprehensively examine whether the enterprise compliance management and control system is sound, improve the compliance organization system, compliance system, compliance management system, compliance guarantee system, etc., and conduct comprehensive supervision and evaluation of all departments and positions within the enterprise. At the same time, we should also strengthen the risk awareness of enterprises, and gradually establish and improve the compliance risk management and control system of enterprises through various ways. A reasonable system can be constructed from the following points: ① Establish a compliance risk management and control information system. Through various compliance risk management platforms, real-time monitoring of various situations of enterprises can be carried out to strengthen the ability to assess risks, timely feedback and then timely discovery and analysis of various potential problems, so as to improve the efficiency of enterprises in the face of risks. ② Respond to relevant national policies and keep abreast of relevant laws. The state has promulgated laws such as the "the People's Republic of China Audit Law" and the "Company Law" to guide the operation of enterprises. At the same time, the annual major policies also put forward many related policies such as strengthening the real economy and promoting the reform of state-owned enterprises. Enterprises should understand and learn in time to adjust the direction of compliance risk control. ③ Establish a complete, scientific, reasonable and practical internal audit system. In China, the audit supervision system of state-owned enterprises includes national audit, social audit and internal audit. After the establishment of a sound internal audit system, in order to better establish a risk control system, to avoid the enterprise at some time may produce losses. ④ Strengthen the construction of corporate compliance culture and improve personnel risk awareness. Starting from the top level, we should strengthen the construction of risk awareness and let employees be prepared for danger in times of peace. This is conducive to the subjective initiative and enthusiasm of employees, and better promote the establishment and implementation of the risk system. (II) clarify the responsibilities of each department Due to the wide range and complexity of compliance risk control (even if there are individual special circumstances), the governance process of state-owned enterprises should fully consider the impact of various possible factors. To ensure that the authority of various departments of the enterprise can greatly improve the purity of the enterprise is also more conducive to enterprise risk management and control, to avoid the occurrence of internal corruption. It is necessary to ensure that the various institutions within the enterprise restrict and cooperate with each other, and clarify the responsible persons and specific duties and tasks of each function of different power departments, as well as work processes and other related matters and procedural requirements. Only in this way can we deal with a matter without prevarication and inefficiency. Enterprises should also strengthen the publicity of corresponding laws and regulations internally to reduce the phenomenon of internal personnel corruption from the subjective level. When it comes to important risks, the departments before and after the event should be clear and follow up and rectify after the event. And in the actual operation process, we should constantly discover the problems existing in the existing system, and the department subdivision or integration can be more based; we should also implement the clear responsibilities, and there should be no phenomenon of hanging names, which leads to the actual decision-making power. Too concentrated again. It should be noted that the division of responsibilities and the implementation of rewards and punishments are not only a basic requirement of modern enterprises, but also an important part of establishing and improving the national governance system and strengthening the construction and management of the internal control system of state-owned enterprises. (III) strengthen internal information communication and exchange The communication and exchange of information is an important part of enterprise management, which plays an important role in state-owned enterprises. The exchange of information acquisition is the basis for the vitality of enterprises, on the basis of which enterprises can carry out better development. As for strengthening information communication and exchange between various departments, it is one of the important links that should be considered in establishing reasonable compliance risk control, which is conducive to improving the ability of risk control. To strengthen the role of risk management and control, we should start from the inside, so that the state-owned enterprises as a whole can work together to better resist risks. Once an effective channel of information communication and resource sharing is formed between various departments, it will be more conducive to the development of all aspects of the enterprise, change the face of the enterprise, and make the enterprise look new in the context of the new era. In actual operation, companies can promote communication and exchanges between various departments and personnel at different levels by formulating relevant corporate policies to achieve the effect of information sharing. In terms of objective factors, state-owned enterprises can promote data sharing through procedural things, while subjectively, they can create an environment conducive to information and resource communication by building a state-owned enterprise culture and forming a good corporate atmosphere. To sum up, the compliance risk prevention and control of state-owned enterprises should not only establish a compliance risk control system internally, but also jointly promote it with the help of external professional institutions, so as to make the compliance risk control of state-owned enterprises effective, ensure the good and orderly operation of state-owned enterprises, and achieve good development in the market economy environment.

2022-12-26