Real estate perspective: when to return the construction project quality deposit rules.

1. Introduction In construction projects, the issuing and contracting parties usually agree on a certain proportion of quality deposit as a guarantee to restrain the contractor to bear the liability for defects, but in practice there are still some situations such as unclear agreement on the return period of quality deposit and mixed use of warranty period and warranty period. 2. specific circumstances and relevant adjudication rules (I) the contract does not stipulate the warranty period, when will the warranty be returned? Judgment rules: If the parties have not agreed on the time limit for the return of the project quality deposit, the people's court shall support the contractor's request for the return of the project quality deposit after two years from the date of completion acceptance of the construction project. Specific cases: Tailai XX Real Estate Development Co., Ltd. and XX Construction Group Co., Ltd. Civil Judgment of Second Instance on Disputes over Construction Contracts-(2019) Supreme Law Minzong No. 564 The Supreme People's Court holds that Article 8 of the Interpretation (II) of the Supreme People's Court on the Application of Legal Issues in the Trial of Construction Contract Disputes stipulates: "In one of the following circumstances, the people's court shall request the contractor to return the project quality deposit. Support: (II) the parties have not agreed on the time limit for the return of the project quality deposit, two years shall expire from the date when the construction project passes the completion acceptance." The contract between the two parties did not stipulate the date for returning the quality assurance fund. The first instance found that since the project involved in the case has been completed two years since Haitian Company withdrew from the market in July 2015, the quality assurance fund can be returned to XX Company according to the stipulation of Article 2 of the Measures for the Administration of Quality Guarantee Fund for Construction Projects that the maximum liability period for defects shall not exceed 2 years, but XX Company is not exempted from performing its warranty obligations for the project according to the agreement or legal provisions. The "Interpretation (I) of the Supreme People's Court on the Application of Legal Issues in the Trial of Construction Contract Disputes" also stipulates, "In one of the following circumstances, the contractor requests the employer to return the project quality deposit, the people's court shall support the (II) If the parties fail to agree on the return period of the project quality deposit, two years shall expire from the date when the construction project passes the completion acceptance." (II) the contract on the warranty period in accordance with the law, the contract agreed that the warranty payment after the expiration of the warranty period, when the warranty return? Judgment rules: There are different views in practice. One view is that the contract agreement should be observed. If the warranty has not reached the return period agreed by the parties, the litigant's request for the return of the warranty will not be supported. Another view is that the warranty period system and the defect liability period system of the quality deposit are not the same legal system, and the defect liability period of the quality deposit is determined by the relevant agreement of the warranty period, which lacks a legal basis and should be paid two years after the acceptance of the project. Specific cases:(1) Guizhou XX Real Estate Development Co., Ltd. and Zhejiang XX Construction Group Co., Ltd. retrial of construction contract disputes-(2020) Supreme Famin Shen No. 1873 The Supreme Court believes that the issue of whether the project quality deposit should be fully withheld. The two sides agreed in the "construction project construction contract": within 1 month after the completion of the final accounts of the whole project, 98% of the total price of the final accounts of the project shall be paid, and the remaining 2% shall be used as the quality warranty fund... the quality deposit shall be withheld at one time when the project is completed and settled. Regarding the quality guarantee fund, both parties have added an agreement: Guizhou XX Company will reserve 2% of the total project cost as the quality guarantee fund (the guarantee fund does not include interest), of which civil engineering and decoration account for 1.6; Installation accounts for 0.3; Waterproofing accounts for 0.1. Project warranty expires, no quality repair cost deduction, within 15 working days without interest returned to Zhejiang XX company quality warranty. In addition, the project warranty period agreed by both parties is: 2 years for civil engineering and decoration, 2 years for installation and 5 years for waterproofing. In this case, although the project involved in the case has not been completed and settled, the project involved in the case has been delivered to Guizhou XX company on October 1, 2016 due to the midway exit. the court of second instance has not calculated the corresponding project warranty period from that date. At the time of litigation in this case, the 2-year warranty period for civil engineering, decoration and installation has expired, and the 5-year warranty period for waterproofing has not yet expired. Therefore, 0.1 per cent of the quality deposit for waterproofing of the court of second instance shall be withheld, and the remaining 1.9 per cent of the quality deposit shall be refunded. (2) China XX Construction Co., Ltd. and Shanxi XX Co., Ltd. Civil Judgment of Second Instance on Construction Contract Disputes-(2019) Supreme Law Minzong No. 710 The Supreme People's Court believes that although XX Company and Sinochem XX Company have agreed in the "Construction Contract of Construction Project" that the security deposit will be returned depending on the quality of the project upon the expiration of the warranty period, different warranty periods have been agreed upon for roof waterproofing, heating and cooling systems, equipment installation, water supply and drainage facilities and other projects. The warranty period system and the defect liability period system of the quality deposit are not the same legal system. Lu'an Resin Company uses the relevant agreement of the warranty period to determine the defect liability period of the quality deposit, which lacks a legal basis. Article 8, Paragraph 1, Item 3 of the Interpretation (II) of the Supreme People's Court on the Application of Laws in the Trial of Disputes over Construction Contracts stipulates that if the construction project fails to undergo completion acceptance within the agreed time limit due to the employer, the project quality deposit return period agreed upon by the parties shall expire 90 days after the contractor submits the project completion acceptance report; if the parties fail to agree on the return period of the project quality deposit, two years have elapsed since the ninetieth day after the submission of the project completion acceptance report by the contractor. In this case, since the defect liability period of the quality deposit is calculated from March 10, 2014, XX Company shall return the quality deposit to Sinochem Sijian Company until March 9, 2016. After the quality deposit is returned, it does not affect XX Company's right to claim warranty from Sinochem XX Company when quality problems occur during the warranty period. When the (III) warranty return period is not clear, when will the warranty be returned? Judgment Rules: The agreed time limit for the return of the quality guarantee fund is unknown, and the time limit for the return of the project quality guarantee fund is two years. Specific cases: Henan XX construction engineering co., ltd. and Dengfeng XXX people's government civil ruling on retrial review and trial supervision of construction contract disputes-(2020) supreme fa min Shen no 2055 The Supreme Court believes that the issue of the starting time of interest on the project funds and quality assurance funds involved in the case. In the "Audit Application" submitted to XX Town Government, XX Company admitted that the project involved in the case was handed over to XX Town Government in February 2014. Therefore, the original judgment was not improper in calculating the interest on the unpaid project funds from March 1, 2014. Both parties have not clearly agreed on the time limit for the return of the project warranty fund involved in the case. According to the relevant laws and regulations, the original court decided that the time limit for the return of the project warranty fund involved in the case was two years, and the judgment was not improper to calculate the interest of the warranty fund from March 10, 2016. (IV) the contract stipulates that the warranty return period exceeds 2 years, when will the warranty be returned? Judgment rules: In response to this issue, there are different views in practice. For example, in the case of (2020) Gan Min Zhong No. 560, the Gansu Provincial Higher People's Court held that the quality bond corresponds to the defect liability period, within a range of no more than 2 years., Can be agreed by both parties in the contract. In this case, although the reemployment company and the city investment company agreed on the warranty period of different projects in the contract, the two sides agreed to return the part of the insurance premium for more than 2 years, which is invalid. However, in the above-mentioned (2020) Supreme Fa Min Shen No. 1873, the Supreme Court still recognizes the parties' agreement that the return period of the quality deposit exceeds 2 years. In this regard, our lawyers believe that the "Measures for the Administration of Construction Project Quality Guarantee" is a departmental rule. According to Article 153 of the Civil Code, civil legal acts that violate the mandatory provisions of laws and administrative regulations are invalid. Article 31 of the Minutes of the National Court Conference on Civil and Commercial Trials (Law [2019] No. 254) stipulates: "Violation of regulations does not affect the validity of the contract under normal circumstances, but if the contents of the regulations involve public order and good customs such as financial security, market order and national macro policies, the contract shall be deemed invalid. Our lawyers tend to believe that a violation of departmental regulations does not invalidate an agreement with a warranty period of more than 2 years. However, if an excessively long warranty period is agreed upon, it is obviously detrimental to the contractor and unfair, and the court will reasonably determine the period according to the actual situation. Opinions and Suggestions of 3. Lawyers The quality guarantee fund is an agreed guarantee, not a legal form of guarantee. Although there are relevant ministerial regulations to regulate it, the regulations only guide and manage the behaviors involved in the project quality guarantee fund. The specific quality guarantee period in the contract shall be agreed by the parties to the contract. Moreover, the return of the quality guarantee fund does not affect the contractor's warranty responsibility. Therefore, our lawyers believe that with regard to the return period of the warranty fund, we should first respect the agreement of the parties. If the agreement on the return period of the warranty fund exceeds two years, the agreement is not of course invalid, and the warranty fund should be returned after the expiration of the agreed period. If the parties do not agree in the contract, it shall be returned within two years from the date of completion and acceptance of the construction project in accordance with the provisions of the (I) of the Supreme People's Court on the Interpretation of Legal Issues Applicable to the Trial of Construction Contract Disputes. If the parties are not clear about the time limit for the return of the warranty, the time limit for the return of the warranty shall be two years after the acceptance of the project. Related Suggestions: The contract is prone to disputes due to unclear agreement on the warranty period or simple agreement on the return of the warranty fund after the expiration of the warranty period. Our lawyers suggest that both parties to the contract should pay attention to distinguishing the defect liability period from the quality warranty period, and clearly agree on the specific return period and return ratio of the quality guarantee fund, so as to avoid disputes over the application of the terms due to unclear agreement. If the quality guarantee is to be linked to the terms of the quality warranty period, attention should be paid to clarify the warranty period of each warranty item and the proportion of the corresponding warranty item to the total quality guarantee amount.

2022-07-13

Dynamic | Rongcheng Municipal Bureau of Justice Director Zhang Qishuai and his party visited Zhongcheng Qingtai Jinan Institute to guide and exchange

On July 11, Zhang Qishuai, Secretary of the Party Leadership Group and Director of the Rongcheng Judicial Bureau, and Zhang He, Deputy Director of the Rongcheng Judicial Bureau, visited Zhongcheng Qingtai (Jinan) Law Firm to carry out research work. Han Honggang, director of Zhongcheng Qingtai General Office, Geng Guoyu, director of Zhongcheng Qingtai Jinan Institute, Shi Guangbo, senior partner of Zhongcheng Qingtai, and Yu Cuilan, senior partner of Zhongcheng Qingtai, warmly received and held discussions and exchanges. Zhongcheng Qingtai Jinan Institute extended a warm welcome to Director Zhang and his party, and made a comprehensive and detailed explanation from the history of the law firm, the business development of the law firm, the party building work of the law firm and the future work plan. At the beginning of the discussion, Director Zhang Qizhuai fully affirmed the professional achievements, party building work, social welfare and other aspects of the institute. Then it introduces the development of marine industry and marine economy in Rongcheng City, and describes the current situation of the judicial industry in Rongcheng City and the needs of marine legal business. Director Geng Guoyu said that the most important thing for legal services is to improve the professionalism of services. Legal services need to serve the people and fully recognize the legal needs of Rongcheng's marine economy. Zhongcheng Qingtai law firm will actively respond to the judicial policy deployment, further improve the work docking mechanism, improve the business level and service concept of the law firm, strengthen its own professional strength, and strive to build a law firm that can reassure the party and the government and satisfy the people.

2022-07-12

Viewpoint... The determination of the executive partner of the limited partner's derivative litigation to exercise the right.

In a limited partnership, because the limited partner does not participate in the execution of the partnership affairs, once the executive partner abuses the management power and neglects to perform his duties, the partnership will inevitably face the risk of damage to the rights and interests, and thus infringe the interests of other limited partners. There is not no remedy for the limited partner in the event that the partnership's interests are impaired by the executive partner's delay in performing his duties. Article 68 of the Partnership Act provides for a derivative litigation system for limited partners, which gives limited partners the right to sue in their own name on the basis of the interests of the partnership in the absence of the executive partner. But what is the standard for determining "slack in the exercise of rights" and slack in the exercise of rights? In view of the fact that there is no clear legal provision and no uniform standard in judicial practice, there is some controversy over the determination of the executive partner's slack in the exercise of rights in practice. Overview of 1. Limited Partner Derivative Litigation 1. Legal basis Article 68 of the Partnership Act provides that "a partner may not represent a limited partnership without performing partnership affairs. The following acts of the limited partner shall not be regarded as the execution of partnership affairs:&hellip;&hellip; (VII) the executive partner is negligent in exercising his rights, he shall be urged to exercise his rights or to file a lawsuit in his own name for the benefit of the enterprise&hellip;" This clause clarifies in law that the limited partner can file a derivative lawsuit, that is, the limited partner has the right to file a lawsuit in his own name based on the interests of the partnership. From this, it can be seen that the derivative litigation of limited partners should include the following elements:(1) the subject of the lawsuit: the limited partner (in his own name);(2) the premise of filing the lawsuit: the executive partner is idle in exercising his rights, and the interests of the partnership are damaged;(3) the purpose of filing the lawsuit is to safeguard the rights and interests of the partnership;(4) the subject of litigation interests belongs to the partnership (non limited partner). 2. Case Thinking According to the concept of "limited partner derivative litigation" and combined with the legal opinions previously issued to the consultant on the issue of limited partner derivative litigation, the author believes that whether the limited partner has the right to bring derivative litigation should be combined with the specific dispute matters, the subject matter of the litigation and so on to make a comprehensive judgment. For example, a limited partnership enterprise provides a loan to company B for a period of 2 years (January 1, 2021-December 31, 2022). company B provides mortgage guarantee for the debt with the real estate under its name. in December 2021, the executive partner of a limited partnership enterprise rescinds the mortgage guarantee measures provided by company B without internal decision. In response to the above, the consultant consults whether it, as a limited partner, can bring a derivative action. On this issue, we put forward the following opinions: 1.A Limited Partnership's claim to Company B has not expired, and before the maturity of the claim, the interests of A Limited Partnership have not yet incurred a definite loss of interest as a result of the lifting of the security measures, so it is not possible to bring a derivative action at this stage. 2. In view of this, it is proposed to send a letter to the executive partner requesting it to perform its duties as an executive partner in accordance with the law and to require the executive partner to actively negotiate with debtor B, which should include a request for new security measures from debtor B. 3. If, after the expiration of the term of the loan claim, the debtor does not pay off the debt and causes the partnership to suffer losses, the executive partner shall first claim the rights and bring a lawsuit against the debtor on behalf of the partnership, and if the executive partner neglects to exercise his rights, the company, as a limited partner, may bring a derivative action. It can be seen that the limited partner's derivative action must meet the statutory requirements, and the determination that the executive partner is negligent in exercising his rights needs to be considered comprehensively according to the specific circumstances of the dispute involved in the partnership. Judicial determination of 2. executive partner's slack in exercising rights Generally speaking, the failure to exercise the right can be understood as the right should be exercised and can be exercised without exercising. In a limited partnership, the general partner is obliged to perform the corresponding duties of the executive partner in accordance with the provisions of the law and the partnership agreement, and to safeguard the legitimate rights and interests of the limited partnership. In practice, the negative inaction of the executive partner occurs from time to time, and in the case of damage to the interests of the partnership or the risk of large losses, it fails to take relevant measures in a timely manner or takes a laissez-faire attitude, resulting in damage to the rights and interests of the limited partnership. According to relevant judicial decisions, the following behaviors of the executive partner may constitute "negligence in exercising rights": 1. Failure to file a lawsuit or arbitrate in time for relevant disputes; 2. Reach a new agreement with the parties involved in the dispute, but do not actively claim the rights agreed in the agreement, or the signing of the agreement itself violates the procedures and the content of the agreement harms the rights and interests of the partnership; 3. Ignore the supervision and suggestions of the limited partners, failure to take measures to assert rights against the relevant parties; 4. The executive partner is out of contact, unable to get in touch with him, and objectively no longer has the ability to perform the affairs of the executive partnership. The following is illustrated by several cases: <案例一>：世欣荣和投资管理股份有限公司与长安国际信托股份有限公司、天津鼎晖股权投资一期基金等合伙协议纠纷 【(2016)最高法民终19号 最高人民法院】   法院认为：世欣荣和公司在认为合伙企业东方高圣的权利被侵犯时，已经就相关问题向东方高圣及执行事务合伙人发函催告，要求东方高圣向人民法院提起民事诉讼，维护东方高圣的民事权利，东方高圣虽予以响应，但未依法提起民事诉讼，世欣荣和公司遂选择以自己的名义提起诉讼并无不妥，符合法律规定。  <案例二>焦建、刘强等与安徽瑞智房地产开发有限公司金融借款合同纠纷【(2016)最高法民终756号 最高人民法院】   法院认为：和信资本公司是否怠于行使权利，需要结合和信资本公司的作为，对案涉委托贷款发放之后的几个不同阶段逐一进行分析和判断。首先，案涉两笔委托贷款到期后不提起诉讼或仲裁，即为怠于行使权利。其次，和信资本公司于2015年1月2日加盖印章的《确认书》不能作为其积极督促还款的证明，和信资本公司未经有限合伙人全体一致同意即轻率地应瑞智公司的要求而进行盖章确认，并未对全体有限合伙人进行告知，且放任瑞智公司与合伙人解艳玲签订《折抵三方协议书》，系违背合伙协议约定的行为，不能作为其积极督促还款的证明。再次，和信资本公司于2015年6月24日签订的《协议书》，并不能否定其怠于行使权利，和信资本公司未经有限合伙人全体一致同意即轻率地应瑞智公司的要求而进行盖章确认，并未对全体有限合伙人进行告知，且放任瑞智公司与合伙人解艳玲签订《折抵三方协议书》，系违背合伙协议约定的行为，不能作为其积极督促还款的证明。  <案例三>：信达投资有限公司与河北融投置业有限公司、兴业银行股份有限公司石家庄分行等借款合同纠纷管辖权异议纠纷【(2016)最高法民辖终94号 最高人民法院】   法院认为:根据《中华人民共和国合伙企业法》第六十八条第二款第七项的规定，有限合伙人有权在“执行事务合伙人怠于行使权利时，督促其行使权利或者为了本企业的利益以自己的名义提起诉讼。”信达公司在融实投资和信瑞基金未能及时主张债权并依法收回贷款的情况下，以自己名义提起本案诉讼符合法律规定。  <案例四>：渤海国际信托股份有限与军民融合海洋防务（大连）产业投资企业（有限合伙）等合同纠纷【（2021）鲁01民初1680号 济南市中级人民法院】   法院认为：云华宝胤公司与渤海信托公司签订的《合伙协议》第二十条第九款约定，当合伙企业的利益受到损害且普通合伙人或执行事务合伙人怠于行使合伙企业的权利时，有限合伙人有权督促其行使权利或为了合伙企业的利益以自己的名义提起诉讼或者仲裁。渤海信托公司提交的2021年9月10日的《清算通知函》证实，富时动力1号资管计划单位净值低于补仓线后，云华宝胤公司作为普通合伙人及执行事务合伙人怠于行使合伙企业权利，未能及时向军民融合投资企业主张权利，渤海信托公司作为有限合伙人以自己的名义提起本案诉讼，要求军民融合投资企业向云华增润合伙企业支付补仓保证金并按照日万分之五支付违约金，符合《合伙协议》及《补仓协议》的约定及法律规定，本院予以支持。  <案例五>: Zhu Yutong and Guangzhou International Procurement Center Co., Ltd., Guangzhou Huanbo Exhibition Co., Ltd., Guangzhou Branch of China CITIC Bank Co., Ltd., Guangzhou Kaide Borui Investment Partnership Private Loan Dispute [(2015) Sui Tian Fa Jin Min Chu Zi No. 5336 Tianhe District People's Court of Guangzhou City, Guangdong Province]] The court held that: in this case, Guangzhou Cade Perry Enterprise entrusted CITIC Bank Guangzhou Branch to provide loans to Guangzhou Guocai Company, but Guangzhou Guocai Company did not return the money after the loan expired, and the plaintiff sent a letter urging general partner Shanghai Qingke Company, the company has been unable to contact. Therefore, the plaintiff, as a limited partner, has the right to file a lawsuit in the name of an individual for the benefit of the limited partnership in accordance with the law and the contract when the general partner neglects to recover the claims determined in accordance with the entrusted loan entrustment contract and the RMB entrusted loan loan loan contract. It should be noted that the above-mentioned four cases are only a summary of the above-mentioned existing decisions on the "lazy exercise of rights" behavior, in view of the limitations of the search case, is not enough to fully cover the executive partner's lazy exercise of rights. In specific practice, whether it constitutes "idle exercise of rights" needs to be determined by comprehensive consideration of various factors such as the specific affairs involved in the limited partnership, the subjective and objective behavior of the executive partner and the risk of damage to the rights and interests of the partnership. If a limited partner only files a derivative lawsuit on the grounds of improper behavior of the executive partner, there is a possibility that the court will reject the lawsuit. For example, in the case of equity transfer dispute between (2022) Jingmin Zhongzhong No. 200 Shenzhou High-speed Railway Technology Co., Ltd. and Beijing Huaruan Changqing Investment Partnership (Limited Partnership), the court held that from the perspective of the transaction process, in this case, the circumstances of "slack in the exercise of rights" are not significant. According to the evidence submitted by Shenzhou High-speed Railway Company and Guorun Investment Center, it can be seen that during the sale period and after the expiration of the sale period, Guorun Investment Center has repeatedly sent letters to Huaran Partnership and Wang Guangyu in accordance with the letter requirements of Shenzhou High-speed Railway Company, requiring both parties to complete the repurchase work as soon as possible and assume corresponding responsibilities. After the case was filed, guorun Investment Center has filed a lawsuit against Huasuan Partnership and Wang Guangyu in Haidian Court under the Repurchase Agreement, which is true and valid. The above behavior shows that Guorun Investment Center has taken corresponding measures to safeguard its own rights. Although it has not reached an agreement such as extension and has not filed a lawsuit in the first time, it has indeed claimed its rights through litigation and still has the willingness to actively resolve disputes and safeguard its rights. Shenzhou High-speed Railway Company has not yet achieved the litigation conditions for bringing this case to the court, so it ruled to reject the lawsuit of Shenzhou High-speed Railway Company. 3. epilogue In summary, the executive partner's lack of exercise of rights is the basic premise and substantive elements of the derivative action brought by the limited partner, in practice, the circumstances of the derivative action brought by the limited partner are different, need to be combined with the specific circumstances of the case to make a comprehensive judgment. For the limited partners, the rights and interests of the partnership are closely related to their own investment interests, and the filing of derivative litigation is an important way to safeguard the rights and interests of the partnership and their own interests when the executive partner neglects to perform his duties. In the limited partner derivative litigation system, how to prove that the executive partner is "lazy in exercising his rights" is particularly critical. In order to effectively use the limited partner derivative litigation system to protect the rights and interests of the partnership and the interests of the limited partners, it is recommended that the limited partners make a clear agreement in the partnership agreement on the situation where the executive partner is lazy in exercising his rights, and realize the litigation purpose by setting the clause arrangement for filing derivative litigation in advance. In addition, A limited partner may fix evidence of his or her negligence in exercising his or her rights by, for example, sending a letter to the executive partner to prevent the failure of proof in later litigation. </案例五></案例四></案例三></案例二></案例一>

2022-07-08

Zhongcheng Qingtai Lawyer Should Carry out Intellectual Property Legal Examination Service Entrusted by Shandong Provincial National Intellectual Property Protection Center

Entrusted by the National Intellectual Property Protection Center of Shandong Province, on July 8, Zhongcheng Qingtai Law Firm appointed lawyers Mou Xun and Mao Xiang to Guowang Intelligent Technology Co., Ltd. (hereinafter referred to as "Guowang Intelligent Company") to discuss intellectual property rights. Related issues are discussed. Relevant responsible comrades of the Ministry of Science and Technology and the Securities Law Department of State Grid Intelligence Company participated in the discussion. State Grid Intelligent Technology Co., Ltd. was established in 2000. It is mainly engaged in the production, sales, service, leasing, and R & D of power robots, drones, substation online intelligent inspection systems and related software and hardware products. Products and services cover the country 32 Provinces, municipalities and autonomous regions. The company is a leading domestic high-tech enterprise specializing in the research and development, promotion and application of power robots. It has won the national intellectual property demonstration enterprise, the national technological innovation demonstration enterprise, the national industrial enterprise intellectual property application benchmark enterprise, and the first batch of manufacturing individual champions in Shandong Province. title. As a new factor of production, intellectual property plays an increasingly important role in market competition and economic operation, and plays an increasingly important role in stimulating innovation. Especially in recent years, my country has entered a new stage of innovation-driven development, economic transformation and upgrading to improve quality and efficiency, and it has also put forward new demands for the protection and management of enterprise intellectual property rights. In order to strengthen the construction of the collaborative protection system of intellectual property rights, improve the service level of rapid rights protection, and enhance the intelligence and empowerment of the high-quality development of innovation subjects, the Shandong Provincial National Intellectual Property Protection Center has selected some innovation subjects among the innovation subjects registered by the protection center. Direct entrustment, select a number of law firms, and provide them with intellectual property legal physical examination services. Zhongcheng Qingtai Law Firm, as the selected law firm, is responsible for the intellectual property legal examination service of ten enterprises such as Guowang Intelligent Company. Combined with the information provided by enterprises in the early stage, this forum exchanged views on the protection of intellectual property rights of enterprises, especially the protection of patent rights and the prevention and control of legal risks of intellectual property rights. Zhongcheng Qingtai Law Firm has the qualification of patent agency and trademark agency approved by the State Intellectual Property Office. The intellectual property team is based on high-end intellectual property elites, and is formed by lawyers, patent agents, and trademark agency professionals. Most members have the qualifications of lawyers and patent agents at the same time. They are in high-quality patent and trademark applications, invalidation, and infringement. He has rich experience in handling cases in litigation and patent application.

2022-07-08

Law Overseas Chinese Cooperation Gather Overseas Chinese Heart and Together for the Future | Zhongcheng Qingtai Lawyers Love Overseas Chinese and Protecting Overseas Chinese in Action (Part 2)

Shandong Zhongcheng Qingtai Law Firm was founded in 1988 and won dozens of honorary titles such as National Excellent Law Firm and National Advanced Grassroots Party Organization. Top 20 Law Firms in China and Top 50 Law Firms in Asia and Top 10 Fastest Growing Law Firms in China by ALB Legal Affairs in Asia. Nearly 20 branches have been set up nationwide (Jinan, Qingdao, Beijing, Shanghai, Zibo, Dezhou, Binzhou, Dongying, Liaocheng, Binzhou, Qingdao Chengyang, Yantai, Qingdao West Coast, Weifang, Weihai, free trade zones in the province, etc.). Since its establishment more than 30 years ago, the law firm has adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly studied and implemented the spirit of the 19th National Congress of the Party and the 19th Plenary Sessions, and deeply studied and practiced Xi Jinping's rule of law. Under the leadership of party committees and governments at all levels, and under the correct guidance of overseas Chinese federations at all levels, we insist on focusing on the center, serving the overall situation, and serving overseas Chinese and overseas Chinese enterprises, and actively participate in activities carried out by all parts of the province and all levels of overseas Chinese federations to contribute to the harmony and stability of the overseas Chinese community The strength of the overseas Chinese community has provided strong professional support for legal services involving overseas Chinese in Shandong Province. Lawyers Dong Yiming and Lin Yang, senior partners of the law firm, hold important positions in the Federation of Overseas Chinese in Jinan and Qingdao respectively. Their lawyer status and multiple social identities play an active role in serving, building and developing the overseas Chinese community. In recent years, law firms have focused on giving full play to their legal service expertise and rich social resources to provide convenient, efficient and cross-border all-round services for overseas Chinese and overseas Chinese enterprises in the province. Lawyers represent overseas Chinese enterprises and overseas Chinese in politics Efforts to do a good job in the think tank of Party and government organs March 28, 2022 In order to thoroughly implement the spirit of the sixth Plenary session of the 19th CPC Central Committee, conscientiously study and implement Xi Jinping's thinking on the rule of law, and implement the requirements of the China Federation of overseas Chinese in the eighth five-year Plan, under the specific guidance of the Shandong Federation of overseas Chinese, the Jinan Federation of overseas Chinese sponsored by the Jinan Federation of overseas Chinese and Zhongcheng Qingtai Law firm. The meeting was held in a combination of online and offline. Dong Yiming, vice chairman of Jinan Federation of overseas Chinese and director of Zhongcheng Qingtai Beijing Institute, Geng Guoyu, president of Jinan Lawyers Association, director of Zhongcheng Qingtai Jinan Institute, and Zhou Jiakui, vice chairman of the legal work Committee of Jinan Federation of overseas Chinese and deputy director of Zhongcheng Qingtai Jinan Institute, attended the meeting on the spot. The Party Group of the Municipal Federation of Overseas Chinese attaches great importance to the rule of law. In order to continuously adapt to the requirements of the new situation in the overseas Chinese community and meet the needs of improving the level of legal services, the Municipal Federation of Overseas Chinese is based on Shandong Zhongcheng Qingtai Law Firm and organized more than a dozen law firms to jointly establish The Legal Work Committee of the Municipal Federation of Overseas Chinese, based on this, has become an important force for the overseas Chinese community to carry out law popularization and resolve conflicts, it provides an important reference for the people in the overseas Chinese community to safeguard their rights and avoid legal risks, and also provides a legal basis for overseas Chinese workers to carry out the work of protecting overseas Chinese in accordance with the law. 19 July 2019 In order to improve the awareness and legal literacy of overseas Chinese in Licheng District of Jinan City to safeguard their rights according to law, Licheng District Overseas Chinese Federation specially invited Cheng Qingtai lawyers Zhou Jiakui and Chen Jinling to conduct business training for overseas Chinese Federation cadres in Licheng District of Jinan City. The two lawyers have refined their business and explained vividly, which won unanimous praise from the leaders participating in the training. November 2020 Wan Lijun, Secretary of the Party group and chairman of the Federation of overseas Chinese of China, carried out research work in Shandong Province, and the Federation of overseas Chinese of Shandong Province held a research forum. As the vice chairman and secretary-general of the Jinan Federation of Overseas Chinese Legal Work Committee, lawyer Zhou Jiakui, on behalf of the Municipal Federation of Overseas Chinese Legal Work Committee and the Overseas Chinese Star Legal Volunteer Service Team, made a work report to the leaders of the Chinese Federation of Overseas Chinese, the leaders of the Shandong Federation of Overseas Chinese, and representatives of the Federation of Overseas Chinese from all walks of life. With the theme of "legal assistance, love and protection of overseas Chinese", the report introduces the service concept, service content, service mode and work plan for the next stage of the legal work Committee of the Federation of overseas Chinese. Lawyer Zhou refined the work of the Law Commission into six sections: normalization of legal services in grass-roots communities, standardization of comprehensive services for overseas Chinese businessmen and enterprises, all-weather free legal services, professionalization of the rights and interests of overseas Chinese, and comprehensiveness of the resumption of work and production by overseas Chinese enterprises during the prevention and control of the epidemic. He reiterated that the original purpose of the Law Commission was to become a special platform for safeguarding the legitimate rights and interests of overseas Chinese. In their work, members of the working committee not only announced their personal mobile phone numbers, but also provided 24-hour legal consultation services, with the aim of providing effective legal assistance to more overseas Chinese friends. Lawyer Zhou stressed that each member of the Legal Work Committee is an important force in serving the overseas Chinese, especially in the process of fighting the epidemic, with the care and help of the Federation of Overseas Chinese in the provinces and cities where the law is located, represented by the members of the French trade union, for the resumption of work and production of overseas Chinese enterprises, and achieved good results. Lawyer Zhou also proposed in the next work plan: We should continue to give full play to the spirit of "especially able to endure hardships and especially able to fight", and constantly summarize the legal issues at each stage according to the changes in the situation at home and abroad. What is more important is to further innovate the service mode while enhancing the awareness of "active service", so as to meet the different needs of overseas Chinese friends. July 7, 2021 In order to further study and implement the spirit of General Secretary Xi Jinping's "July 1" important speech, combined with the current party history study and education, unite and lead the overseas Chinese community in Jinan to listen to the party, follow the party, and gather the majestic strength of building a strong provincial capital and striving for a new journey. The forum on learning and implementing the spirit of General Secretary Xi Jinping's "July 1" important speech was successfully held in Jinan, Zhongcheng Qingtai. Dong Yiming served as the host. August 25, 2021 The Overseas Chinese Affairs Committee of Shandong Provincial People's Congress, Shandong Federation of Overseas Chinese, Jinan United Front Work Department, and Jinan Federation of Overseas Chinese held the "Symposium on Overseas Chinese Businesses and Enterprises Helping Shandong Province High-quality Development" in Jinan Demai International Information Industry Park. Deputy Director, Party Secretary and Chairman of the Provincial Federation of Overseas Chinese. vice chairman of jinan federation of overseas chinese, lawyer zhongcheng qingtai dong yiming was invited to attend the meeting and made a speech. The 14th Qingdao CPPCC Conference in 2022 At the 14th Qingdao Municipal Committee of the Chinese people's political Consultative Conference in 2022, lawyer Lin Yang, director of Zhongcheng Qingtai Qingdao Institute, put forward three proposals on behalf of the overseas Chinese community: suggestions on building Qingdao into a world-famous international commercial dispute resolution place and comprehensively enhancing Qingdao's international influence; suggestions on deepening the construction of pre-litigation mediation system and promoting the long-term development of diversified dispute resolution mechanism; suggestions on legal services to help urban renewal and build a new government under the rule of law. At the same time, lawyer Lin Yang also serves as a member of the 14th Qingdao Hong Kong, Macao, Taiwan and overseas Chinese and Foreign Affairs Committee of the Chinese people's political Consultative Conference, chairman of the Qingdao South District Federation of overseas Chinese, and vice president of the Qingdao lawyers Association. His multiple social identities play an important role in serving the overseas Chinese community, building the overseas Chinese community, and developing the overseas Chinese community. April 2022 Guan aihong, secretary of the party group of the Qingdao Federation of overseas Chinese, and members of the CPPCC of the overseas Chinese community visited Zhongcheng Qingtai Qingdao Institute. Director Lin Yang accompanied Secretary Guan Aihong and his party to visit the office environment of the law firm and introduced the basic situation of Zhongcheng Qingtai's development history, performance honor and party building work. During the discussion, Director Lin Yang reported in detail on the active role played by Zhongcheng Qingtai lawyers in the work of the Federation of Overseas Chinese, and introduced the talent advantages, professional advantages and resource advantages of the Law Institute in the field of foreign-related legal services, and hoped to further strengthen the cooperation with the Federation of Overseas Chinese in the future. Exchange, to help the construction of the grassroots organization of the Federation of Overseas Chinese and contribute to the innovation and development of the Federation. Secretary Guan Aihong affirmed the achievements of the law firm, and the two sides conducted extensive discussions on future cooperation and exchanges and reached a consensus.

2022-07-07

Lawyer Li Zhenzhong of Zhongcheng Qingtai Institute was invited to give a lecture on "Legal Risk Prevention of State-owned Enterprise Investment" for Shandong High-speed Information Group.

On July 7, 2022, lawyer Li Zhenzhong, deputy director and senior partner of Zhongcheng Qingtai Law Firm, was invited to give an online legal lecture on "Legal Risk Prevention of State-owned Enterprise Investment" for Shandong High-speed Information Group Co., Ltd. A total of more than 1,200 leaders and employees of high-speed information group attended the lecture online and offline. Lawyer Li Zhenzhong combined relevant laws and regulations, specific cases and rich practical experience to explain the decision-making risks, risks in the investment process, and exit risks of state-owned enterprises before investment. The language is vivid and simple. This lecture won high-speed information group leaders and participants alike.

2022-07-07

How to safeguard one's legitimate rights and interests in a bill (commercial acceptance) dispute?

Commercial acceptance bills are endorsed by the company's reputation, and have gradually become one of the main tools for corporate financing due to their low threshold and easy operation. However, affected by the epidemic, market fluctuations, etc., commercial acceptance bills due acceptance difficulties, cash cost increase, there are also some areas of the glass association has issued a proposal, the initiative to uniformly reject commercial acceptance bills. However, under the general environment, many glass enterprises inevitably accept the commercial acceptance bill endorsed and transferred by the upstream company, and transfer it to the downstream enterprise again when the commercial acceptance bill is not due. When a commercial promissory note expires, if the acceptor is not able to accept it on time, how should the holder, the endorsement transferor and other parties protect their legitimate rights and interests? 1. the holder's right of payment request and bill recourse. Article 4 of the Bill Law clearly stipulates that "the right of the bill referred to in this Law refers to the right of the holder to request payment of the amount of the bill from the debtor of the bill, including the right to request payment and the right of recourse". The act of (I) an instrument is causeless, and the debtor of the instrument shall pay in full after the legitimate holder has prompted payment during the validity period. The holder's right to request payment of the bill, I .e., after the maturity of the bill, the holder shall request payment of the corresponding bill amount from the bill payer within the prescribed prompt payment period. A commercial promissory note with all necessary records and complete forms is a legal and valid instrument, and the payer shall pay in full after the bill of exchange is due and prompt payment within the validity period. Case: Supreme People's Court (2019) Supreme People's Court No. 166 Guotou Bio Jilin Co., Ltd. and Shanxi Hongdong Rural Commercial Bank Co., Ltd. Dispute over Claim for Bill Payment The court held that Hongdong Agricultural and Commercial Bank, as the holder of the ticket, claimed the right to the bill to the ticketing State Investment Biological Company, which was based on the law and should be supported. The note already states that "this bill of exchange has been accepted and is due for unconditional payment" and that the due date stated on it is December 28, 2015. As can be seen from the "Situation Note" issued by the State Investment Biology Company, Hongdong Agricultural and Commercial Bank has prompted the State Investment Biology Company for payment on January 6, 2016. In accordance with the provisions of Article 54 of the the People's Republic of China Bill Law: "If the holder prompts payment in accordance with the provisions of the preceding article, the payer must pay in full on the same day", the current Hongdong Agricultural Commercial Bank prompts payment behavior, has met the provisions of Article 53 of the the People's Republic of China Bill Law, the State Investment Biological Company is obliged to pay the holder in accordance with the bill in accordance with the law. (II) the right to the instrument is not exercised within two years after the maturity date of the instrument, the holder loses the right to the instrument, but has the right to return the interest in the instrument within the statute of limitations (three years) The holder's rights against the drawer and acceptor of the instrument shall be two years from the maturity date of the instrument, but the holder shall still have civil rights after losing the right to the instrument and may request the drawer or acceptor to return his interest equivalent to the amount of the unpaid instrument. Case: Jiangsu Xuzhou Intermediate People's Court (2020) Su 03 Min Zhong No. 6545 Anhui Education Publishing House and Bank of Communications Co., Ltd. Xuzhou Branch Dispute over Claim for Return of Bills The court held that Article 18 of the the People's Republic of China Bill Law stipulates that "if the holder loses the right to the bill because it has exceeded the statute of limitations of the right to the bill or because the bill is not recorded, he still has civil rights and may request the drawer or acceptor to return his interest equivalent to the amount of the unpaid bill." Anhui Education Press, as the holder of the bill, has lost the right to the bill, but its civil rights to the drawer and the acceptor have not been lost. Secondly, Bank of Communications Xuzhou Branch received all the bill payment, but it did not return the payment to the drawer Xuzhou Fusen Import and Export Co., Ltd. after the bill had passed the commitment period and the right period. The bank's continued holding of the bill constituted unjust enrichment. Finally, when Anhui Education Publishing House accepted the bill to Xuzhou Branch of Bank of Communications, it learned that the bill involved was still in the possession of the bank, and the bank's refusal to pay constituted infringement. Therefore, Anhui Education Publishing House claimed that the starting point of the statute of limitations for the interest of the bill should be April 1, 2020, the date when the prompt payment was rejected. The agency filed a lawsuit in the court of first instance in that year, xuzhou Branch of Bank of Communications shall pay 1 million yuan to the agency for the benefit of the bill. After the (III) bill is refused payment at maturity, the holder has the right to recover its forehand. The right of recourse to an instrument is the right of the holder to request repayment of the amount, interest and expenses of the bill of exchange against his forehand (endorser, drawer and other debtors) when the bill of exchange is refused payment or non-acceptance at maturity or for other legal reasons. The right of recourse to an instrument is a second-in-place right and may be exercised only if the right to request payment is exercised against the payer and is not available. The person being pursued may be more than one person and shall be jointly and severally liable to the bearer, including all the forehand endorser, drawer, acceptor, guarantor, etc. It is important to note that the holder's recourse to the forehand is only six months from the date of rejection of acceptance or rejection of payment, compared to the two-year statute of limitations on the bill. Case: Shandong Wucheng County People's Court (2019) Lu 1428 Minchu 2604 Dezhou Tiansen Air Conditioning Equipment Co., Ltd. and China Railway Third Bureau Group Construction and Installation Engineering Co., Ltd., Jiangsu Youan Fire Engineering Co., Ltd. Shanxi Branch Bill Recourse Dispute The court held that the "refusal to pay" provision of Article 61 of the the People's Republic of China Bill Law included not only the situation where the payer expressly "refused to pay", but also the objective inability of the payer to perform its obligation to pay. The proof in the provision of "refusal to prove, reason for refund or failure to provide other legal proof within the prescribed time limit" is a proof of refusal to accept or refuse to pay. According to the announcement of Pagoda Petrochemical Group Finance Co., Ltd. on July 10, 2018 provided by the plaintiff and the fact that Pagoda Petrochemical Group Finance Co., Ltd. had not actually paid until the end of the trial, the plaintiff Dezhou Tiansen has actually been refused payment, so the bill involved in the case has actually been refused payment. Texas Tiansen, through continuous endorsement, obtained the bill involved in the case, is the legal holder of the bill. Defendant Jiangsu You'an Fire Shanxi Branch argued that the plaintiff Dezhou Tiansen claimed that the bill right had exceeded the six-month limitation period of the bill right, and the right of recourse was thus eliminated. The plaintiff, Dezhou Tiansen, submitted the notice of refusal to pay and the letter of reminder to each endorser of the bill involved in the case, stating that the company has the right of recourse, requesting the endorser of the bill involved in the case to bear joint and several liability for the payment, and submitted the mail receipt, which can prove that the plaintiff, Dezhou Tiansen, sent a notice of recourse to his forehand within six months from the date when the bill was actually refused to pay, therefore, the Court held that when Texas Tiansen issued a notice of recourse to the defendants in this case (I. e., when issuing a notice of refusal of payment of the bill of exchange and a letter of reminder of payment) did not exceed the six-month limitation period of the bill rights, Texas Tiansen could claim the bill rights against its forehand. The holder of a 2. may sue its direct forehand on the basis of the underlying legal relationship. In the case of the holder's direct forehand, the holder may claim rights on the basis of both the legal relationship of the instrument and the underlying legal relationship (the relationship between the contract of sale and purchase). If the parties fail to pay the price or remuneration, the other party may require it to pay the price or remuneration, and the law does not prohibit the seller who accepts the bill of exchange from requesting the buyer who delivers the bill on the basis of the underlying legal relationship to pay the purchase price separately, and the holder of the bill has the right to demand the payment of its direct forehand on the basis of the underlying legal relationship. However, it does not rule out the court's choice to reject the holder's claim for payment on the basis of the underlying legal relationship in order to protect the forehand's right of re-recourse. Case 1: Jinan Intermediate People's Court (2021) Lu 01 Min Zhong No. 952 Shandong Jigang Alloy Material Technology Co., Ltd. and Zhangqiu Xindongda Machinery Parts Co., Ltd. Dispute over Sales Contract The court held that the bill in question was currently in a non-repudiation recourse pending settlement. Because the bill involved in the case is an electronic bank acceptance draft, according to the current electronic commercial bill of exchange system, if the acceptor of this type of bill of exchange does not respond to the holder's prompt payment, the holder objectively cannot obtain proof of refusal through the electronic commercial bill of exchange system. Based on the relevant announcement issued by Pagoda Petrochemical Group Finance Co., Ltd., New Dongda Company also submitted materials to the acceptor Pagoda Petrochemical Group Finance Co., Ltd. on site, which has not been paid so far. In summary, the instrument should be deemed to have been "refused payment". The right of Xindongda Company to obtain the purchase price has not been realized, and has the right to request Jigang Alloy Company to pay the money based on the sales contract between the two parties. Case 2: Disputes over Sales Contracts between Shanghai Xinwang Iron and Steel Co., Ltd. and Ganzhou Jiang Tungsten Alloy Co., Ltd., No. 119, Jiangxi Provincial Higher People's Court (2020) The court held that under the condition that the electronic bank acceptance bill involved in this case has not been paid so far, the holder of the bill, Jiang tungsten alloy company, has two kinds of claim rights, namely, the claim right based on the legal relationship of the sales contract and the claim right of bill recourse based on the relationship of bill creditor's rights and debts. Jiang tungsten alloy company has the right to choose one of the bill rights or the cause creditor's rights to file a lawsuit. However, because the electronic bank acceptance draft is a certificate of rights to securities, so Jiang Tungsten Alloy Company in the cause of the claim of the right at the same time, should return the original bill to Xinwang Iron and Steel Company, in order to protect Xinwang Iron and Steel Company can be the former and the drawer, the acceptor to claim the bill rights. As the electronic bank acceptance bill in this case is still in a state of being unable to be returned to Xinwang Iron and Steel Company, in order to protect Xinwang Iron and Steel Company's bill recourse, the court does not support the lawsuit request of Jiang Tungsten Alloy Company to require Xinwang Iron and Steel Company to pay 6 million yuan corresponding to the bill involved in the case and to bear liquidated damages for overdue payment based on the legal relationship of the sales contract. Jiang Tungsten Alloy Company may exercise its bill rights in accordance with the law, and separately claim the bill rights to Baota Petrochemical Group Finance Co., Ltd., Xinwang Iron and Steel Company or its predecessors. 3. the right of re-recourse of the holder or the person against whom the claim is made. The right of re-recourse is the right of the bill debtor who has paid off the bill debt through the recourse of other bill rights holders, and after obtaining the bill, the right to seek recourse from its forehand. After the person against whom the recourse is made has paid off the corresponding bill, he may exercise the right of re-recourse against other bill debtors for a period of three months from the date of payment or the date on which the action is brought. However, as mentioned earlier, not all holders will claim in an instrument relationship, and it is not ruled out that the holder may claim payment in an underlying legal relationship and be supported by the court. The holder of the ticket sues its direct forehand with the basic legal relationship, and the settlement of the debt arising from the basic legal relationship objectively produces the result of the liquidation of the bill in question, and the holder shall deliver the bill in question to the forehand, who shall enjoy the right of re-recourse of the bill. Case: Zhejiang Xiaoshan District People's Court (2020) Zhejiang 0109 Minchu No. 7899 Angang Jingu (Hangzhou) Metal Material Co., Ltd., Hong Jianlong and Hangzhou Mingning Chemical Co., Ltd. Bills Dispute The court held that: the case involved in the electronic bank acceptance bill endorsement continuous, multi-leng new materials Co., Ltd. as the legitimate holder. Due to the fact that the electronic bank acceptance bill involved in the case cannot be paid when it is due, Duoleng New Materials Co., Ltd. sued Angang Jingu (Hangzhou) Metal Materials Co., Ltd. according to the dispute over the sales contract, and then Angang Jingu (Hangzhou) Metal Materials Co., Ltd. paid the corresponding amount to Duoleng New Materials Co., Ltd. according to the effective judgment. Although the payment was not based on the bill relationship, however, the settlement of the debt arising from the underlying legal relationship objectively allows the corresponding instrument debt to be settled. After paying off its debts, Angang Jingu (Hangzhou) Metal Materials Co., Ltd. enjoys the same rights as the ticket holder, so it has the right to recover from its forehand. 4. Summary The bill does have the advantage of its existence in market circulation, but there is also a real risk of paying more time and energy to get the corresponding amount of payment when the bill is due and the payer refuses to accept it. After the maturity of the bill, the holder shall prompt payment in time to avoid damage to his own rights. In the event that the instrument cannot be honored, the holder may claim payment from all debtors of the instrument on the basis of the instrument relationship, or may claim payment from its direct forehand on the basis of the underlying legal relationship. After being pursued by the holder, the forehand of the non-bill payer has the right of re-recourse, but it needs to be exercised within three months from the date of liquidation or the date of the lawsuit. It is worth noting that if the holder claims payment on the basis of the legal relationship, it is still controversial in practice whether the direct forehand has the right of re-recourse after the settlement of the debt. Our lawyers believe that after the direct forehand pays off the debt based on the basic legal relationship, the objective result of the bill involved in the case is paid off, the holder should deliver the bill to the direct forehand, at this time the direct forehand enjoys the right of re-recourse of the bill, the statute of limitations from the date of prosecution or liquidation.

2022-07-05

To observe the power of example, to promote the spirit of rule of law

On July 4, 2022, the committee of the CPC Shandong Zhongcheng Qingtai (Jinan) Law Firm organized part of the lawyers in the firm to watch part of the program "The Power of Example (Season 1)" and exchanged advanced deeds in the program., To express thoughts. In order to celebrate the 101 anniversary of the founding of the party and vigorously publicize the advanced deeds of outstanding Communist Party members and advanced grass-roots party organizations throughout the country, the Organization Department of the CPC Central Committee, in conjunction with the Central Radio and Television General Station, launched the program "the Power of example (season 1). The program reproduces typical deeds through vivid portrayal, focuses on telling new stories in the new era, and focuses on highlighting the spirit of outstanding Communist Party members in firm belief, responsibility, service to the masses, and selfless dedication. it profoundly interprets the persistent persistence of the Chinese Communists in not forgetting their original ideals and aspirations and bearing in mind their mission. After watching, everyone said that they were deeply infected and inspired, and the deeds of Tin Bartel were very touching. Ting Bateer, former secretary of the Sarulatuya Gacha Party Branch, Honggeer Gaole Town, Abaga Banner, Xilin Gol League, Inner Mongolia Autonomous Region, joined the Communist Party of China for 46 years in 1976. As the son of the founding major general, he was not afraid of hardships and chose to take root in the grasslands of northern Xinjiang, just to allow all the herdsmen to eat noodles and drink clean water. From the ignorant youth to the year of his establishment, it has been more than 40 years for grassland construction. In the face of better job opportunities and working environment, Ting Battle has great love in the most difficult places, dedicated to the grassroots and serving the people. At the same time, in accordance with the situation of the pastoral area, Ting Battle constantly improved his working methods and chose a way acceptable to the herdsmen to carry out his work. He said: When I was young, I had an agreement with the grassland, which should be completed firmly. Lawyers have expressed that they must integrate this spirit of communists who are firm in confidence, hard work, and not afraid of difficulties into their work. In the future work process, we should also pay attention to serving the people and increase legal aid services at the grass-roots level. At the same time, through their own legal knowledge, vigorously carry out the work of law popularization, and contribute their own strength to the construction of a society ruled by law.

2022-07-05

Law Overseas Chinese Cooperation Gather Overseas Chinese Heart and Together for the Future | Zhongcheng Qingtai Lawyers Love Overseas Chinese and Protecting Overseas Chinese in Action (Part I)

Shandong Zhongcheng Qingtai Law Firm was founded in 1988 and won dozens of honorary titles such as National Excellent Law Firm and National Advanced Grassroots Party Organization. Top 20 Law Firms in China and Top 50 Law Firms in Asia and Top 10 Fastest Growing Law Firms in China by ALB Legal Affairs in Asia. Nearly 20 branches have been set up nationwide (Jinan, Qingdao, Beijing, Shanghai, Zibo, Dezhou, Binzhou, Dongying, Liaocheng, Binzhou, Qingdao Chengyang, Yantai, Qingdao West Coast, Weifang, Weihai, free trade zones in the province, etc.). Since its establishment more than 30 years ago, the law firm has adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly studied and implemented the spirit of the 19th National Congress of the Party and the 19th Plenary Sessions, and deeply studied and practiced Xi Jinping's rule of law. Under the leadership of party committees and governments at all levels, and under the correct guidance of overseas Chinese federations at all levels, we insist on focusing on the center, serving the overall situation, and serving overseas Chinese and overseas Chinese enterprises, and actively participate in activities carried out by all parts of the province and all levels of overseas Chinese federations to contribute to the harmony and stability of the overseas Chinese community The strength of the overseas Chinese community has provided strong professional support for legal services involving overseas Chinese in Shandong Province. Lawyers Dong Yiming and Lin Yang, senior partners of the law firm, hold important positions in the Federation of Overseas Chinese in Jinan and Qingdao respectively. Their lawyer status and multiple social identities play an active role in serving, building and developing the overseas Chinese community. In recent years, law firms have focused on giving full play to their legal service expertise and rich social resources to provide convenient, efficient and cross-border all-round services for overseas Chinese and overseas Chinese enterprises in the province. Popularization of law to send law to warm the hearts of overseas Chinese, policy to help enterprises to innovate and benefit overseas Chinese 2015 so far Lawyers from Zhongcheng Qingtai have set up an "overseas Chinese star volunteer service team", which is based on the actual legal needs of overseas Chinese enterprises and overseas Chinese, goes deep into the front line of legal services for overseas Chinese, popularizing the law and sending it to communities and enterprises, providing nearly 100 pieces of legal services related to overseas Chinese, and has established a good reputation among lawyers from Zhongcheng Qingtai in the overseas Chinese community in the province. May 15, 2015 Mi Wenpeng, chairman of the Jinan Federation of Overseas Chinese, together with the heads of the Federation of Overseas Chinese in various districts and counties of Jinan City and some representatives of overseas Chinese businessmen came to the Citizen Service Hotline Center to answer the hotline, collect opinions and suggestions, and answer the questions raised by the returned overseas Chinese about overseas Chinese businessmen, the legal service platform of the Federation of Overseas Chinese and the use of the overseas Chinese voice connection platform. Lawyer Dong Yiming, part-time vice chairman of Jinan Overseas Chinese Federation and deputy director of Zhongcheng Qingtai, accepted an interview with the TV station. The answering activity attracted the active participation of the family members of returned overseas Chinese stationed in the city, and the people in the overseas Chinese community consulted and put forward a large number of opinions and suggestions on the legal services of the Municipal Federation of overseas Chinese and the work of overseas Chinese business assistance. 27-29 September 2017 Lawyer Yin Yanbo of Zhongcheng Qingtai participated in the special research activity of "implementing the spirit of the national court enforcement work conference and solving the problem of difficulty in the enforcement of overseas Chinese litigation" of the Shandong Provincial Political Consultative Conference, Hong Kong, Macao, Taiwan Overseas Chinese and Foreign Affairs Committee and Zhi Gong Party organization. 24 July 2019 Sponsored by the Federation of Overseas Chinese in Shandong Province and the Federation of Overseas Chinese in Jinan City, and co-organized by Jinan Central Hospital, Zhongcheng Qingtai (Jinan) Law Firm, and Shunhua Community, Shungeng Street, Shizhong District, "Overseas Chinese Love Angel Sends Health" and legal services into the grassroots The activity was officially launched. 29 October 2019 Zhongcheng Qingtai (Jinan) Law Firm was invited by the Shandong Federation of Overseas Chinese and the Jinan Federation of Overseas Chinese, and the "Overseas Chinese Star Volunteer Service Team" entered the Gangcheng District to carry out the "Overseas Chinese Love Angels Send Health" free clinic and "Overseas Chinese Love Law Aid Private Enterprises" Legal consultation activities. 7 November 2019 Sponsored by the Federation of Overseas Chinese in Shandong Province and the Federation of Overseas Chinese in Jinan City, the Federation of Overseas Chinese in Lixia District, Jinan Central Hospital and Zhongcheng Qingtai Law Firm jointly organized the "Overseas Chinese Love Angel Sends Health" free clinic and "Overseas Chinese Love Law Aid Community" legal consultation activities, Enter the Qianfoshan West Road Community, Lixia District, Jinan City. 19 February 2020 During the epidemic prevention and control period, six lawyers from Zhongcheng Qingtai Law Firm, Dong Yiming, Zhou Jiakui, Wang Xuefeng, Chen Jinling, Luo Xianghu and Su Na, as members of the overseas Chinese star volunteer legal service team, provided free legal consulting services on contract management, labor and employment, dispute handling, business risk prevention and control, etc. for overseas Chinese in Jinan overseas Chinese enterprises and overseas Chinese through WeChat, telephone and email. 17 September 2020 The launching ceremony of Jinan Overseas Chinese Law Publicity Month was held in Dongxiang Community Square, Daming Lake Street County, Lixia District. As members of the legal team of the "Overseas Chinese Star" Volunteer Service Team of the Municipal Federation of Overseas Chinese, lawyers Chen Yuzhong (associate professor of the Party School of the Shandong Provincial Committee of the Communist Party of China) and Li Shujing from Zhongcheng Qingtai Jinan Institute were invited to participate. From 2020 Zhongcheng Qingtai Qingdao Institute has set up a legal service team for benefiting overseas Chinese enterprises. It insists on publicizing policies and regulations for overseas Chinese-related enterprises every month. Up to now, it has provided a total of 30 policy announcements and practiced "I do practical things for overseas Chinese" with practical actions ". April 2022 In order to promote the integrated development of Qingdao's domestic and foreign trade and help our city's enterprises understand the relevant policies of cross-border e-commerce, Qingdao Trade Development Service Center, Qingdao Domestic and Foreign Trade Integration Industry Community, and Qingdao Cross-border E-commerce Association jointly organized cross-border e-commerce risk prevention and control Special lectures on compliance practices are invited to participate. Lawyers Wang Xinbin and Wang Yuedi of Shandong Zhongcheng Qingtai (Qingdao) Law Firm were invited to give special training to cross-border e-commerce enterprises and foreign-related overseas Chinese enterprises in our city, and to share their practices on cross-border e-commerce risk prevention and control and practice and customs advanced certification system analysis respectively. The training meeting was conducted online and offline, and was broadcast online through the Xinhua News Agency's live cloud live broadcast platform. The number of online live broadcast views reached more than 50,000, providing direct and effective operational guidance for cross-border e-commerce enterprises in our city and actively helping enterprises to make full use of various preferential policies. May 2022 The Qingdao Huiqiao Enterprise Policy Interpretation Meeting was held in Qingdao, Zhongcheng Qingtai. The Huiqiao Enterprise Policy Interpretation Meeting invited Liang Qiyun, Vice Chairman of Qingdao Overseas Chinese Federation, Jing Tao, Minister of Economic Science and Technology (Rights and Interests Protection Department) of Qingdao Overseas Chinese Federation, Ran Mao, Chief Staff Officer Peng Xin, Deputy Minister of United Front Work Department of Laoshan District Committee, Director of Taiwan, Hong Kong and Macao Affairs Office, Director of Overseas Chinese Affairs Office Dong Chao, and heads of Seven New Overseas Chinese Innovation and Qingdao Alliance Enterprises to participate in the Policy. Lin Yang, director of Shandong Zhongcheng Qingtai (Qingdao) Law Firm, presided over the meeting, Gao Jinjun, Secretary of the Party Committee of Shandong Zhongcheng Qingtai (Qingdao) Law Firm and Director of the Intellectual Property Committee of Shandong Lawyers Association, Shandong Zhongcheng Qingtai (Qingdao) Law Firm Lawyer Liu Pian was the guest speaker of this event. Shandong Zhongcheng Qingtai Law Firm's Love and Protection of Overseas Chinese Continues

2022-07-05

Real estate perspective: can the construction team claim the project cost or labor cost from the employer?

Presentation of 1. issues In the judgment documents, the concept of "construction team" is often mentioned, and it is often combined with "actual constructors", "contractors" and "migrant workers. "Actual builder" refers to the contractor of invalid construction project construction contract, I .e. the contractor of illegal professional project subcontracting and labor operation subcontracting contract, sub-contractor and qualified constructors (affiliated constructors); The non-professional term "contractor" refers to the individual contractor who does not have the qualification of the main body of employment, who obtains the project through subcontracting and illegal subcontracting, and illegally solicits migrant workers for labor operations, pay labor remuneration to migrant workers, so as to form the smallest organizational unit in project management-"construction team" with migrant workers ". As mentioned above, the "construction team" and the contractor are at least separated by the "contractor", "actual builder" and "construction general contractor. Then, whether the "construction team" has the right to claim the project price or labor cost to the employer? If so, what is the basis for its claim? This paper intends to analyze the view of judicial judgment. 2. view of judicial adjudication There are generally three views on whether the construction team should be supported to claim the project price or labor cost from the contractor in judicial practice: first, the construction team does not belong to the actual builder in the legal sense, and has no right to require the contractor to bear the responsibility within the scope of the construction project price arrears according to the provisions of Article 43 of the Interpretation of the Supreme People's Court on the Application of Legal Issues in the Trial of Construction Contract Disputes (I) 2020 No; second, the construction team has no right to require the employer to advance the arrears of migrant workers' wages within the scope of the arrears of project funds in accordance with the provisions of Article 29 of the regulations on ensuring the payment of migrant workers' wages; third, the construction team has the right to require the employer to advance the arrears of migrant workers' wages within the scope of the arrears of project funds. The specific views of the referee are as follows: (I) construction team does not belong to the actual construction person in the legal sense, does not enjoy the right to break through the relativity of the contract, and requires the contractor to bear the responsibility within the scope of the price of the construction project. For example, (2019) Supreme Famin Shen No. 5594 Judgment holds that:&hellip; Peng Yunrui is the actual builder of Huai'an Mingfa Commercial Plaza project;&hellip; Le Dianping is the head of the mud team in the C block project of Huai'an Mingfa Commercial Plaza contracted by Peng Yunrui&hellip; The relationship between Le Dianping and Peng Yunrui is the labor legal relationship, and Le Dianping (team) is the personnel employed by Peng Yunrui to engage in mud labor service, not the actual construction person in the legal sense mentioned above, ...... Le Dianping requested Huai'an Mingfa Company, the contractor of the project involved in the case, to assume the liability for payment within the scope of the project payment owed on the grounds of Article 26 of the judicial interpretation, which lacked the corresponding factual basis and legal basis. For example, (2022) Lu 14 Min Zhong No. 263 Judgment holds that: ...... The actual construction party shall not include the labor operation contractor. In this case, the "Construction Contract" signed by the employer Jinming Wucheng Branch and Guoji Dezhou Branch is legal and valid. As the contractor, Guoji Dezhou Branch signed the "Labor Contract" with Senmao Company. As the labor contractor, Senmao Company hired Liu Jihai to engage in carpentry labor. Therefore, Liu Jihai was not the actual constructor of the project, ...... The case should be a labor contract dispute, not a construction contract dispute. Liu Jihai has no right to break through the relativity of the contract and claim the project payment from the contractor and the general contractor involved. (II) construction team has no right to require the employer to advance the arrears of migrant workers' wages within the scope of the unpaid project price in accordance with the regulations on ensuring the payment of migrant workers' wages. For example, (2021) Qing 01 Minzong No. 2341 Judgment holds that: The Internal Team Contract Agreement signed between Beijing Huaji Shengde Company and Zhang Jiazhi is a labor contract... Zhang Jiazhi's labor payment should be paid by the opposite party of the contract, Beijing Huaji Shengde Company. Beijing Huaji Shengde Company now requests Jiangsu Construction Engineering Group Co., Ltd. and Xining Hongxing Meikailong Company to pay Zhang Jiazhi's labor service fee on the grounds that Jiangsu Construction Engineering Group Co., Ltd. owes its project payment. The appeal reason is groundless, and the hospital does not support it. (III) in principle, the construction team has the right to require the contractor to advance the arrears of migrant workers' wages within the scope of the arrears of the project funds in accordance with the provisions of the Regulations on Guaranteeing the Payment of Migrant Workers' Wages. However, in terms of the allocation of the burden of proof, judicial decisions are different. 1. The construction team shall bear the burden of proof on the causal relationship between the fact that "the contractor did not allocate the project funds in time in accordance with the contract" and the result of "wage arrears of migrant workers. For example, (2021) Lu 02 Minzong No. 15249 Judgment holds that Xin Wei did not submit valid evidence to prove that Sunac Company in this case complies with the provisions of Article 29, paragraph 2, of the Regulations on Guaranteeing the Payment of Migrant Workers' Wages, which states that Sunac Company, as a construction unit, should advance the wages of migrant workers, the joint and several liability for the payment of labor costs and interest is not accepted by the Court on insufficient basis. Xin Wei is a labor team member, not a construction or labor company, regardless of whether there is illegal subcontracting or subcontracting of the project involved, Sunac does not meet the statutory circumstances that should bear joint and several payment liability. For example, (2021) E 05 Min Zhong No. 3489 Judgment holds that: Article 29, paragraph 2, of the State Council's Regulations on Guaranteeing the Payment of Migrant Workers' Wages, which came into effect on May 1, 2020, stipulates: "If the construction unit fails to timely allocate the project funds in accordance with the contract, the construction unit shall advance the arrears of migrant workers' wages within the limit of the outstanding project funds." Therefore, the application of Article 26 of the interpretation of the Supreme People's Court on the application of legal issues in the trial of construction contract disputes breaks through the relativity of the contract, which is that the construction unit fails to timely allocate the project funds in accordance with the contract, resulting in the arrears of migrant workers' wages. In this case, the construction unit Yichang Housing Investment Company has paid 90% of the total project price to the general contractor, China Construction Third Bureau, that is, about 0.3 billion. The general contractor, China Construction Third Bureau, has paid 12.84 million yuan to the illegal subcontractor Zhongzhi Xincheng Company. The reason why China Construction Third Bureau has not paid the remaining project price to Zhongzhi Xincheng Company is due to court co-operation and quality assurance problems. Therefore, there is no case in this case that Zhongzhi Xincheng Company did not pay Xu Yangtao for the project due to the construction unit Yichang Housing Investment Company. Based on the principle that the people's court should adhere to the principle of equal protection for all parties in the construction industry, while protecting the interests of Baotou workers and migrant workers, it should not harm the legitimate rights and interests of qualified construction enterprises and contractors, ...... The court of first instance did not find that Yichang Housing Investment Company was responsible for the debts owed by Zhongzhi Xincheng Company within the scope of the construction project price. 2, in the case of the contractor and the construction general contractor has not yet settled, the construction team advocates that the contractor to the outstanding project funds as the limit of advance payment of the arrears of migrant workers wages conditions will not be achieved. (The following part of the case is the actual construction of the contractor to require the contractor to bear the responsibility within the scope of the project payment, can refer to the applicable). For example, (2021) the Supreme People's Court ruled No. 339 that Li Haijun and Cui Youliang advocated that Zhongfa Source Company should bear the responsibility within the scope of the outstanding project funds. ... The case involving Times Square was not completed, and the settlement between China Development Source Company and Huangwatai Company was not made, so we could only confirm the fact that Huangwatai Company and Huangwatai Qinghai Branch Company owed Li Haijun and Cui Youliang project funds. Whether Zhongfa Source Company owes Huangwatai Company and Huangwatai Qinghai Branch the project funds, the amount of the project funds owed and other facts cannot be found out due to unsettled accounts, and the rights and obligations between the actual constructor and the employer are not clear. Therefore, Li Haijun and Cui Youliang claimed to Zhongfa Source Company that the conditions for them to assume responsibility within the scope of the project funds owed were not fulfilled. For example, (2021) Liao 03 Min Zhong No. 4477 Judgment holds that Haicheng Huayuan Company (the employer) has not made effective settlement with the qualified subject, so it is not clear whether the employer has determined the amount of outstanding project funds in this case, and the audit and settlement of project funds between Haicheng Huayuan Company and Liu Fangping or other qualified subjects has not been carried out at present, and the settlement may involve legal relations between other subjects, therefore, in this case, it is not possible to determine whether the contracting party still owes the project funds. Therefore, the court of first instance rejected Qu Mingguo's claim that the contracting party should bear the responsibility for payment within the scope of the project funds not paid. It is not improper for Qu Mingguo to file a separate lawsuit after the settlement of the project involved in the case. For example, (2021) Lu 0113 Minchu No. 3673 judgment held that: Ma Zhanfeng claimed that the project involved was contracted by Panghui Company to Chengda Company, so according to the relevant provisions of the Regulations on Guaranteeing Wage Payment for Migrant Workers, Panghui Company should pay labor fees to it. In response, the court believes that since neither Panghui Company nor Chengda Company took part in the lawsuit, it is impossible to find out whether Panghui Company failed to pay the project funds to Chengda Company as promised, and Ma Zhanfeng clearly indicated that it was employed by Chengda Company and Chengda Company settled with it. Therefore, the court does not support Ma Zhanfeng's request to order Panghui Company to pay its labor costs. 3, in the case of the contractor and the construction general contractor has not yet settled, the contractor shall bear the burden of proof on the "settled project funds", otherwise, the construction team has the right to require the contractor to advance the outstanding project funds to advance the wages of migrant workers in arrears. For example, (2021) Yue 20 Min Zhong No. 9286 Judgment holds that the second paragraph of Article 29 of the Regulations on Guaranteeing the Payment of Wages for Migrant Workers stipulates that if the wages of migrant workers are in arrears due to the failure of the construction unit to allocate the project funds in time in accordance with the contract, the construction unit shall advance the wages of migrant workers in arrears to the extent of the outstanding project funds; ...... In this case, Southern Grid Energy Company confirms that it has not settled with the general contractor, nor has it provided evidence to prove that the project payment has been settled. According to the second paragraph of Article 29 of the above-mentioned regulations, China Southern Power Grid Energy Company shall be responsible for the advance payment of Chen Zhipeng's labor remuneration within the scope of the outstanding project payment of Zoomlinda Company; For example, (2021) Liao 10 Min Zhong No. 2036 Judgment holds that the construction unit shall allocate the project funds in a timely manner in accordance with the agreement and pay the workers' expenses in full and on time. If the construction unit fails to allocate the project funds in time as agreed in the contract, resulting in the wages of migrant workers in arrears, the construction unit shall advance the wages of migrant workers in arrears to the extent of the outstanding project funds. There is no dispute between the appellant and the appellee Longxin Company that the project payment has not been settled. At the same time, the dispute is in another lawsuit. The court of first instance found that the project payment owed by Shangda Company exceeded the wages claimed by 41 people such as Zheng Chengwei, so it ordered Shangda Company to bear joint and several liability for the workers' wages. If this fact is found to conflict with another case, both parties can resolve the dispute in this case separately. The scope of joint and several liability of Shangda Company shall be limited to the outstanding project funds. 3. legal analysis According to the provisions of laws, administrative regulations and judicial interpretations, combined with the rules of judgment of similar cases in judicial practice, the following legal analysis is carried out on whether the construction team has the right to claim rights against the contractor, or, as far as the contractor is concerned, how to avoid its responsibility to the construction team that it has never contacted: 1, the construction team to the contractor to claim rights, contrary to the principle of fairness, should not become judicial guidance. The construction team is not the subject of the contract under the construction project contract dispute, not the actual construction person, not the scope that should be considered in civil and commercial cases, and its interest protection should belong to the functional category of the administrative construction department, and in practice, the wage deposit system, bank guarantee system and labor supervision system of migrant workers have all become the channels to safeguard their legitimate rights and interests. From the contractor's point of view, if the provisions of the regulations on the protection of migrant workers' wages allow the construction team to file a lawsuit against it, the contractor is often inexplicably sued, followed by property preservation. This is extremely unfair to the contractor. The employer needs to spend a lot of litigation energy, prove in numerous cases that he no longer has project arrears, or realize account unsealing through property replacement to maintain normal operation, which actually makes him in a kind of insecurity: on the one hand, he does not know when he will be sued and sealed up again; On the other hand, I don't know why the contractor didn't pay the project payment in full to the downstream subcontracting teams and teams. In addition, in practice, there are also contractors or subcontractors due to poor management, unable to pay the actual construction of the project, team wages, will negotiate fictitious claims, false litigation, etc., thereby harming the rights and interests of the contractor. 2, the construction team has no right to require the contractor to pay the project. According to the provisions of Article 43 of the Interpretation of the Supreme People's Court on the Application of Legal Issues in the Trial of Disputes over Construction Contracts of Construction Projects, (I) the Interpretation of the Supreme People's Court [2020] No. 25, the main body that requires the employer to bear the responsibility within the scope of the unpaid construction project price is only the "actual constructor". However, Article 7 of the "Answers to Several Questions of the First Civil Court of Shandong Higher People's Court on the Trial of Construction Project on the Trial of Construction Contract, the construction team does not belong to the actual construction person in the legal sense. Therefore, the construction team has no right to file a dispute over the construction contract and require the contractor to pay the project money to it. 3. The construction team requires the contractor to advance the wages of migrant workers who are owed in advance, and should bear a greater burden of proof, and should be strictly controlled in judicial practice. First of all, the construction team shall bear the burden of proof for the direct causal relationship between "the employer fails to allocate the project funds in time according to the contract" and "the wage arrears of migrant workers"; and the determination of whether there is a "causal relationship" can be comprehensively considered from factors such as the employer's payment amount, payment proportion, labor cost proportion, and non-payment reasons, it is not simply and roughly determined that the contractor should bear the responsibility of "advance payment" as long as there is the fact of "arrears of project payment" and the fact of "arrears of migrant workers' wages; Secondly, in the case that the employer and the general construction contractor have not yet settled the account, since the employer cannot find out the facts such as whether the employer owes the project payment and the amount owed, in order to avoid infringing on the rights and interests of other subjects and not to avoid litigation, it should be determined that the conditions for the construction team to require the employer to assume the responsibility for advance payment within the scope of the project payment are not fulfilled; Third, in the case that the employer and the general construction contractor have not yet settled the settlement, as long as the employer reasonably explains that the settlement has not yet been made for the purpose of delay, and can prove that it does not owe the progress payment at present, such as providing monthly progress statements, payment vouchers, etc., it should be determined that it does not owe the project payment and does not need to bear the responsibility of "advance payment. 4. epilogue The Regulations on Guaranteeing the Payment of Migrant Workers' Wages stipulate that the employer shall advance the arrears of migrant workers' wages within the limit of the outstanding project payment. This clause has caused the employer to be innocent and involved in the lawsuit, and the judicial practice is different, and it has also been criticized by the theoretical circle. The only basis for its existence lies in the position of "special protection of the interests of migrant workers"; with the increasing improvement and improvement of the protection system for the interests of migrant workers, construction teams have not used this clause as a "shield" for a long time. As far as the contractor is concerned, although the "involved in the lawsuit" is indeed "innocent", once the lawsuit is involved, if you want to get out, the effort is still routine, such as timely and sufficient labor costs.

2022-07-04