Look at the daily legal information, know the world's major legal events, welcome to pay attention to the national consultation law
[High-level rule of law dynamics]
[The Emergency Response Law will come into force on November 1 this year]
The 10th Session of the Standing Committee of the 14th National People's Congress passed the newly revised Emergency Response Law on June 28, which will come into force on November 1, 2024. The revised Emergency Response Law consists of eight chapters, including General Provisions, Management and Command System, Prevention and Emergency Preparedness, Monitoring and Early Warning, Emergency Response and Rescue, Post-event Recovery and Reconstruction, Legal Liability, and Supplementary Provisions. (Source: Xinhua News Agency)
[State Advisor]
The newly revised Emergency Response Law is of great significance to the country, society and the people. First, the revised bill is more comprehensive and specific, providing clear legal guidance for governments at all levels to improve their ability to respond to emergencies. Second, it will help to rebuild after the disaster, restore social order in a timely manner, and reduce social contradictions. Finally, it can effectively reduce the harm of emergencies to the people and ensure the safety of people's lives and property.
[The newly revised Company Law of the People's Republic of China will come into force today]
The newly revised Company Law of the People's Republic of China, which came into force on July 1, has improved the subscription registration system for limited liability companies, clarifying that the capital contribution subscribed by all shareholders shall be paid in full by shareholders within five years from the date of establishment of the company in accordance with the provisions of the company's articles of association. (Source: CCTV News)
[State Advisor]
For small and micro enterprises, shareholders should consider the actual operation of the company and their own economic conditions to determine the registered capital when registering. Although this provision requires the full payment of the subscribed capital contribution within five years, which increases the financial pressure of the enterprise to a certain extent, on the other hand, the timely and full payment of the subscribed capital contribution can also show the strength and credibility of the enterprise and increase the trust of the cooperation counterparty. From a market perspective, this provision will help regulate the market order and reduce the phenomenon of "shell companies" and "zero-yuan registration".
【Domestic Hot Spots】
[Hunan: Implementing online pyramid schemes under the pretext of public welfare, the main culprit was sentenced to 15 years]
A few days ago, the Supreme People's Court and the State Administration for Market Regulation jointly released typical cases of punishing online pyramid selling crimes in accordance with the law. In May 2013, Zhang registered Shenzhen Shanmouhui Cultural Communication Co., Ltd. In the name of "poverty alleviation and symbiosis of equal wealth", he carried out pyramid marketing activities, and defrauded property based on the number of development downlines as a rebate, making illegal profits of more than 2.5 billion yuan. The People's Court of Shuangpai County, Hunan Province, was sentenced to 15 years imprisonment and fined 100 million yuan for his conduct in accordance with the law. After the first-instance verdict was announced, Zhang appealed. The Intermediate People's Court of Yongzhou City, Hunan Province, ruled to reject the appeal and uphold the original judgment. (Source: Qilu One Point)
[State Advisor]
In the name of "helping the poor and helping the poor, and coexisting with the wealthy", Zhang and others carried out pyramid marketing activities, not only taking advantage of the kindness of people who really want to help others, but also taking the opportunity to defraud a huge amount of money. Therefore, we should keep in mind that "pie will not fall from the sky", and be vigilant not only against pyramid marketing activities in the form of "charity and mutual assistance", but also against all high-yield and low-risk activities.
[Guangdong: Malicious tampering with the game character ID caused the account to be blocked, and the court awarded more than 60,000 yuan in compensation]
According to reports, Meng entrusted Wang to obtain the character skin in the game at a price of 288 yuan and delivered it to Wang for use. Later, Wang entrusted the above matters to Shi at a price of 200 yuan. After obtaining authorization from Meng, Shi used illegal words and tampered with the name of the character ID, causing the game account to be blocked for ten years. Because the game account could not be unblocked, Meng sued the court. The People's Court of Longhua District, Shenzhen, Guangdong Province, ruled that Shi should fully compensate Meng for the amount of game account recharge and pay a total of 62,622.8 yuan for mental damages. After the verdict was announced, Shi was dissatisfied and appealed. The court of second instance upheld the original verdict. (Source: CNR, People's Court Daily)
[State Advisor]
The Court's verdict was impartial. In the news, Shi should have properly used the account after obtaining Meng's authorization, and his malicious tampering with the character ID caused the account to be blocked for ten years and could not be unblocked, which not only betrayed Meng's trust but also was extremely irresponsible. This behavior not only caused Meng to lose the right to use the game account, but also caused Meng's investment in the game and the hard work spent on cultivating the account to come to naught, and Shi should be liable for damages.
【International Hot Spots】
[United States: The U.S. Department of Justice will file charges against Boeing and seek its guilty plea]
According to reports, the U.S. Department of Justice will open criminal charges against Boeing and file a case for fraud in two fatal crashes, requiring Boeing to plead guilty or stand trial. The U.S. Department of Justice plans to formally file a plea deal with Boeing later in the day, which includes a financial penalty and requires an independent watchdog to conduct a three-year audit of the company's safety and compliance practices. (Source: Finance Associated Press)
[State Advisor]
The fraud case proved that Boeing may have committed fraud in the two crashes. The U.S. Department of Justice requires Boeing to plead guilty or stand trial, and if Boeing chooses to plead guilty, it will inevitably affect its brand image and market position, while also facing severe financial penalties and stricter government regulation. But if Boeing refuses to plead guilty and stand trial, if convicted, it will not only be subject to financial penalties, but also criminal liability.
【Scholars' Views】
[Zhao Jingwu (Associate Professor, School of Law, Beijing University of Aeronautics and Astronautics): The basis for determining the bankruptcy estate should be based on the current property rights rules]
In the field of bankruptcy law, the data resources held by the debtor have market-recognized economic value, and there have been cases in Europe and the United States and other countries that use the "privacy agreement" and "user agreement" as a judgment on whether the debtor can sell the customer's personal information at a discount. The current legislation in mainland China does not clarify how to deal with the data held by the debtor in bankruptcy proceedings, neither whether such data can constitute a "bankruptcy estate" within the meaning of the bankruptcy law, nor what legal obligations the administrator and the debtor have with such data.
The basis for the determination of the bankruptcy estate shall be based on the current rules on property rights, and in combination with Article 127 of the Civil Code and practical operational requirements such as the Accounting Standards for Business Enterprises, the main business data, system security data, operation and management data, as well as the personal information of customers and employees who have obtained consent can be included in the scope of the bankruptcy estate. Based on the concept that "data is a new type of property", the administrator's statutory duty to "manage and dispose of the debtor's property" includes protecting the value preservation and appreciation of the debtor's property, which also extends the data security guarantee obligation that the administrator should undertake. In addition, before and after the sale of enterprise data, the evaluation and technical organization of data assets, the reasonable selection of valuation methods, and the destruction of data are also important contents of the rules for the disposal of enterprise data assets in bankruptcy proceedings. (Source: "China Legal Science" 202403 "On the Handling of Enterprise Data Property in Bankruptcy Proceedings")
[State Advisor]
In bankruptcy proceedings, sometimes certain data obtained by the debtor has a certain market value, such as user personal information, company business data, etc. In Europe and the United States, you can check the "Privacy Agreement" and "User Agreement" to determine whether the data can be sold. The current law in mainland China does not clearly stipulate whether the data belongs to the bankruptcy estate, and how the administrator and the debtor should handle the data. Based on practical experience, some major business data, system security data, operation and management data, as well as agreed customer and employee information, can be counted as bankruptcy estates.
【Information Team】:
Information editor: Zhang Yinuo Ren Pengge
The State Counsellor said: Lawyer Hao Taoran
【Service Hotline】If you need to consult legal issues, you can leave a private message to comment and communicate
Some of the pictures are from the Internet, if there is any infringement, please contact to delete.
(This article is based on the video of Cao Baoyin, chief counsel of Beijing Guozi Law Firm, "Cao Shuo Fa Daily Legal Information Series])