Insights

Is the ningbo marital loyalty agreement valid?

Many couples sign "loyalty agreements" during their marriage, agreeing that "if one party cheates, he will leave the house clean" and "compensate the other party XX million yuan. Wait until the actual divorce, this agreement can be used as the basis for the division of property? In judicial practice, the validity of the marital loyalty agreement has been controversial, and the court's judgment scale varies from place to place. In Zhejiang, the people's Court of the Provincial High Court "on the trial of marriage and family cases of a number of questions answers" (Gao Fa people a [2016] No. 2) to buy a house before marriage...

How to determine the ownership of dowry in Ningbo before and after marriage

When getting married, the woman's parents often give her daughter a dowry, some for the purchase of household appliances, vehicles, and some direct transfer to the woman. In the event of divorce, the man often claims that the dowry is the joint property of the husband and wife and should be divided equally. So, whether the dowry belongs to the woman's personal property or the joint property of the husband and wife? The key depends on the time of payment and the agreement of the object of the gift. The 1. law is based on article 1062 of the the People's Republic of China civil code: the following property acquired by husband and wife during the existence of the marriage relationship is...

Ningbo Supreme People's Court: How to determine the nature of the debt incurred by one of the spouses in the name of the individual during the marriage relationship.

Does the money borrowed by one of the spouses in their own name during the marriage count as a joint debt in the event of divorce or creditor prosecution? First of all, the current rules are clear-article 1064 of the civil code shall prevail: debts jointly signed or ratified by both husband and wife and debts borne by one party for the daily needs of the family are common debts; In principle, large debts incurred by one party in his own name that exceed the needs of the family's daily life are not joint debts, unless the creditor can prove that the debts are used...

(I) of Interpretation of the Supreme People's Court of Ningbo on the Application of the Marriage and Family Section of the Civil Code

In order to correctly hear cases of marriage and family disputes, this interpretation is formulated in accordance with the the People's Republic of China Civil Code, the the People's Republic of China Civil procedure Law and other relevant laws and regulations, combined with trial practice. 1. General Provisions Article 1 Persistent and recurrent domestic violence can be identified as the term "abuse" in Articles 1042, 1079 and 1091 of the Civil Code ". Article 2 of the Civil Code: Articles 1042, 1079, and...

How to prove that Ningbo's premarital debt is used for family life after marriage.

The debt owed by one party before marriage is used in the days of two people after marriage-is this debt personal or joint? The conclusion starts with the conclusion that the personal debt before marriage is in principle repaid by the borrower personally, and the spouse is not of course jointly and severally liable; only when the creditor can prove that the debt is indeed used for the family to live together after marriage, it may be considered a joint debt of the husband and wife. In the middle of this is a hard standard of proof: creditors must come up with a chain of evidence of "the use of funds and the benefits of the family" and just say "before marriage...

Will Ningbo's first divorce party suffer?

Many parties, especially women, will ask when consulting: "Who filed for divorce first, who will suffer from the division of property?" There are also people who worry that women are naturally in a weak position in divorce proceedings. Such concerns are common, but from a legal point of view, the outcome of divorce proceedings does not depend on who sues first, nor is it biased by gender. 1. Legal Basis: Article 1079 of the the People's Republic of China Civil Code: If one of the spouses requests divorce, the relevant organization may...

Why Ningbo's Second Prosecution Still Sentenced

Many parties think that as long as the second lawsuit for divorce, the court will definitely decide to leave. However, in practice, it is true that the second prosecution is still not allowed to divorce-which makes the parties very confused: how many times do they have to sue before they can leave? Why didn't the court support it? Conclusion first: the second lawsuit divorce is not necessarily a divorce, the court still takes "feelings have indeed broken down" as the judgment standard...

How to Accuse Divorce for the First Time in Ningbo

Many parties hope to divorce their marriage in the first lawsuit and avoid going through a long second or third lawsuit. However, in practice, it is very common for the court to deny divorce after the first divorce. The key to whether the first prosecution can be divorced is still whether the evidence proves that the relationship has indeed broken down. So, under what circumstances is it easier to obtain court support for the first divorce? How should the parties prepare? 1. Legal Basis Article 1079 of the the People's Republic of China Civil Code: People...

Ningbo v. before the mediation did not take long to formally file a case

After submitting the divorce prosecution materials, many parties thought that the court would open the case immediately, but after waiting for a long time, they were told that the case was still in the "pre-litigation mediation" stage. Pre-litigation mediation is a necessary procedure for divorce cases, and the case can only be formally filed after mediation fails. So, how long does it take to mediate before litigation? How long can a case be filed after mediation fails? 1. legal basis Article 122 of the the People's Republic of China Civil Procedure Law: If a party sues a civil dispute in a people's court and is suitable for mediation, mediation shall be conducted first...

Witness the history of intellectual property case jurisdiction changes, GO!

Author | Intellectual Property Center, Elephant Migration Team Elephant Migration is difficult to abandon deliberation and discernment, and is good at insisting on dedication and innovation. A group of free and carefree practical partners, a pragmatic team focusing on advertising compliance, Internet compliance, and the forefront of pan-entertainment culture. ( The Elephant Migration Team is original, welcome to share, please indicate the source for reprinting) Recently, the official website of the Supreme People's Court announced the "Decision on Amending the" Provisions of the Supreme People's Court on Several Issues Concerning Intellectual Property Courts "and the" Notice on Implementing the Revised "Provisions of the Supreme People's Court on Several Issues Concerning Intellectual Property Courts", which came into effect on January 1, 2019. Many amendments have been made to the "Provisions of the Supreme People's Court on Several Issues Concerning Intellectual Property Courts"; the amendments cover case jurisdiction, litigation process, information disclosure of related cases, etc. [1]. (The picture comes from the Supreme People's Court.

People

Professional defense was decided not to approve the arrest, and Zhiheng Zhang Nannan's criminal defense lawyer team was given a banner of thanks

On December 1, 2023, the client sent the banner of "Live up to your trust, win in professionalism" to Zhang Nannan's criminal defense team to express their gratitude. The client was criminally filed for allegedly opening a casino. Zhang Nannan's criminal defense team accepted the client's entrustment to represent this case in accordance with the law. After in-depth discussions and many exchanges with the case-handling authority, the team wrote and submitted a written defense opinion on not approving arrest, and finally the procuratorial authority made a decision not to approve the arrest. Zhang Nannan's criminal lawyer team focuses on the field of criminal defense, providing professional full-service services for the parties involved in suspected criminal cases, and safeguarding the basic human rights of every client. Although the pennant is small, it contains the heavy gratitude of the parties and their companies to the lawyers. In the future, lawyer Zhiheng will live up to the client's trust, deeply cultivate the criminal defense profession, and use high-quality legal services to safeguard the legitimate rights and interests of the parties. Lawyer Profile Zhang Nanan Lawyer Zhiheng Law Firm

Guangdong Baoxin Law Firm and Guangdong Shennuo Law Firm visited and exchanged views

On the afternoon of December 1, 2023, Wang Qi, director of the management committee of Guangdong Baoxin Law Firm, partner Huang Jiazhuo, partner Peng Lei, lawyer Chen Mian, director of Guangdong Shennuo Law Firm Ye Lei and lawyer Li Rixi visited Zhiheng. Zhang Shanhua, Director of Zhiheng Management Committee, Liu Hong, Deputy Director of the Management Committee, Chai Yongxia, Executive Director of Zhiheng and Deputy Director of the Management Committee, Zhang Nanan of the Management Committee, Gu Xiaoqing, Executive Director of Zhiheng Hong Kong and Qianhai, Director of the Development Department of Zhiheng Branch and Executive Director of Longgang, Ren Xue, Partner of Zhiheng Qianhai, Molly Bing, and lawyer Wu Sihan of Zhiheng Haikou were warmly received and organized discussions. Zhang Shanhua, Director of Zhiheng Management Committee, Director Zhang Shanhua, said that you are welcome to visit Zhiheng and hope that in today's exchange, the two sides will have in-depth understanding, strengthen cooperation, and lay the foundation for future business and other cooperation. Liu Hong Liu Hong, Deputy Director of Zhiheng Management Committee

Ningbo the People's Republic of China Civil Procedure Law

Part I General Provisions Chapter I Tasks, Scope of Application and Basic Principles Article 1 The the People's Republic of China Civil Procedure Law is formulated on the basis of the Constitution and in the light of the experience and actual conditions of China's civil trial work. Article 2 The task of the People's Republic of China the Civil Procedure Law is to protect the parties to exercise their litigation rights, ensure that the people's courts find out the facts, distinguish right from wrong, correctly apply the law, try civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, and protect when...

Does Ningbo Prosecute Divorce Must Be Mediation First

When a party sued for divorce for the first time, he didn't understand: both parties have reached the point where they are incompatible. Why does the court organize mediation? She asked me: Is it necessary to mediate before filing a divorce? How exactly does the mediation process go? Can you refuse to mediate a direct hearing? 1. Legal Basis: Article 1079 of the the People's Republic of China Civil Code: The people's court shall conduct mediation when trying divorce cases; if the relationship has indeed broken down and mediation is invalid, the divorce shall be granted. The middle...

The legal provisions that must be understood in Ningbo to sue for divorce.

Choosing to sue for divorce must be to the extent that it cannot be resolved through negotiation, and it is not allowed to protect one's legitimate rights and interests through litigation. People always have a natural fear of the unknown, have a fear of difficulties outside their professional field, and feel at a loss to fight a lawsuit. They think that going to the court to handle affairs is "troublesome". By reading the following contents, you will find that filing a divorce lawsuit is not unfathomable. If necessary, you can also entrust a lawyer to assist, so as not to "spend money and run the wrong way" and delay too much time...

The inaugural meeting of Zhiheng Criminal-Civil Cross Legal Affairs Center was successfully held

Professional construction is the foundation of the establishment, and the road to strengthening the firm. On the afternoon of November 30, 2023, Zhiheng Law Firm held the inaugural meeting of Zhiheng Criminal and Civil Cross Legal Affairs Center in the Zhiheng Conference Room. Zhang Shanhua, Director of Zhiheng Management Committee, Chai Yongxia, Executive Director and Deputy Director of Zhiheng Management Committee, Li Weixiang, Director of Zhiheng Supervisory Board, Gu Xiaoqing, Executive Director of Zhiheng Hong Kong and Qianhai, Director of Development Department of Zhiheng Branch, and Ren Xue, Executive Director of Longgang, attended the conference. The conference was presided over by Party Administration Huang Yanjin. During the speech session, Director Zhang Shanhua, Director of Zhiheng Management Committee, Director Zhang Shanhua, delivered a speech on stage, thanking Director Wang Zhenghua for his hard work and dedication, and hoping that the members of the center can work with Director Wang Zhenghua to deepen their professionalism and make sincere progress in the future. Zhiheng will unswervingly follow the path of professional development, and Zhiheng Management Committee will also fully support the development of the center, realizing Zhiheng's original intention and enablement of "developing the company with professionalism and establishing a foothold in the industry with strong professional ability"

The "Zhiheng Cup" legal knowledge competition jointly organized by Zhiheng and Shenzhen University Law School ended successfully

In order to enhance the legal awareness of Shenzhen University students, promote the spirit of the rule of law in the socialist legal system with Chinese characteristics with the Constitution as the core, and promote the construction of the rule of law culture on campus, Zhiheng Law Firm joined hands with Shenzhen University Law School to launch the 2023 "Zhiheng Cup" legal knowledge competition under the guidance of the publicity department of the school party committee, the student work department of the school party committee and the school youth league committee. The competition was divided into two rounds: the preliminary round and the final round. The preliminary round ended successfully on November 18. A total of 15 contestants successfully advanced to the final. On the afternoon of November 25, the final of the "Zhiheng Cup" legal competition was held in the lecture hall of the Shou Faixin Building. A total of 13 contestants participated in this final. Chen Zezhu, senior partner of Zhiheng Longgang Equity, Liu Juhua, senior partner of Zhiheng Longgang, and Mr. Zheng Shujuan, counselor of Shenzhen University Law School, came to the scene for guidance and comments. Professional comments Lawyer Chen Zezhu commented on this final. Lawyer Chen Zezhu first discussed

How long will it take for Ningbo to sue for divorce for the second time?

Direct answer: if there is no new situation or new reason after the first lawsuit for divorce is judged not to be divorced, the plaintiff will not be able to sue again until six months after the judgment comes into effect; if the second lawsuit is still judged not to be divorced, and if the two parties are separated for one year, the court shall grant the divorce. The defendant is not subject to the six-month limit for prosecution, and the plaintiff has to wait the same six months for withdrawal. Many people mistake "six months" as "guarantee of divorce" and "separation for one year" as "automatic divorce". These two misunderstandings...

What preparations should be made before Ningbo agreement divorce

Many people once decided to divorce, the first reaction is to find each other showdown. However, rashly showdown when major issues such as property division and child support have not been clarified will often make the other party alert in advance, resulting in the transfer of property and the destruction of evidence. Whether the preparatory work before the agreement divorce is sufficient directly determines whether the divorce process is smooth and whether their rights and interests can be protected. 1. legal basis: article 1076 of the the People's Republic of China civil code: if both husband and wife divorce voluntarily, they shall...

What if one party goes back on his word during the cooling-off period of divorce in Ningbo

Agreed divorce requires a 30-day cooling-off period, which is a huge test for the party eager to divorce. During the cooling-off period, if the other party suddenly goes back on its word and goes to the Civil Affairs Bureau to withdraw the divorce application, what should the other party do? Is this marriage forever inseparable? 1. Legal Basis Article 1077 of the the People's Republic of China Civil Code: Within 30 days from the date of receipt of the divorce registration application by the marriage registration authority, if either party is unwilling to divorce, it may withdraw its divorce from the marriage registration authority...

What is the difference between the three ways of divorce in Ningbo

There are three common forms of divorce: divorce by agreement, divorce by court mediation and divorce by judgement. Many parties do not know the difference between them or which one to choose. In fact, the three methods have obvious differences in procedures, time, effectiveness and applicable scenarios. The 1. legal basis is Article 1076 of the the People's Republic of China Civil Code: if both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The People's Republic of China...

If the former shareholder fails to pay the capital contribution, does he need to be liable for the company's debts?

Author | Jia Xiaoya Lawyer Case Ye established a one-person company Shenzhen Machinery Company (hereinafter referred to as "Company A") in July 2017 with a registered capital base of 5 million yuan. However, Company A has not actually operated, so in March 2021, Company A was transferred to Ren at a consideration of 1 yuan through an intermediary introduction. After the transfer, Ren transferred Company A to Chen in July 2021 of the same year, and the transfer consideration was 1 yuan. In April 2022, Company A signed the "Machinery Leasing Cooperation Agreement" with an environmental technology company in Guangdong (hereinafter referred to as "Company B"), agreeing that Company A would lease machinery to Company B. After the two parties signed the contract, Company B paid 2.10 million yuan in advance to Company A. Company A did not comply with the contract after receiving the prepaid rent. Therefore, there was a dispute between the two parties, and Company A only refunded 500,000 yuan to Company B during this period. In July 2022, A

2023-11-27

The law does not protect people who sleep on their rights - the statute of limitations

Author | Lawyer Li Yongzeng Case Review Company A is a high-end wedding company. Around October 2017, Company A uploaded some stills of the hit drama that year on its WeChat official account, and planned a classical wedding on the theme according to the scene of the drama for public promotion. Company B, the producer of the drama, filed a lawsuit in court for Company A's infringement of its intellectual property rights, demanding that Company A stop the infringement, delete the copy, publish an apology in the local media, and compensate hundreds of thousands of yuan for economic losses. After accepting the commission of Company A, we obtained the evidence materials submitted by Company B from the court under appeal. We found that the notarial certificate of infringement evidence submitted by Company B was signed in 10 copies in 2019, and the time of signing in the complaint was November 2021. However, the people's court received the case materials and the response materials served to Company A in January 2023.

2023-11-25

The 9th Executive Directors Meeting of Zhiheng Law Firm in 2023 was successfully held

From November 24th to 25th, 2023, Zhiheng Law Firm held the 9th National Executive Director Conference of 2023 in Zhiheng Qianhai Conference Room. Executive directors from across the country gathered in Qianhai, Shenzhen to discuss the planning, momentum and innovation of Zhiheng's development under the new situation, in order to gather together, take advantage of the momentum, set sail, and ride the wind and waves. Chai Yongxia, Executive Director of Zhiheng Headquarters, Gu Xiaoqing, Executive Director of Zhiheng Hong Kong and Qianhai, Ren Xue, Director of Development Department of Zhiheng Branch and Executive Director of Longgang, Li Zhen, Executive Director of Zhiheng Jinan, Zeng Yuru, Executive Director of Zhiheng Dongguan, Jiang Hao, Executive Director of Zhiheng Foshan, Hou Shanshan, Executive Director of Zhiheng Haikou, Du Yi, Executive Director of Zhiheng Kunming, Lu Yaxin, Executive Director of Zhiheng Xi'an, Jin Dan, Executive Director of Zhiheng Shanghai, Xia Xiaofei, Executive Director of Zhiheng Wuhan (in preparation), Zhu Min, Executive Director of Zhiheng Chengdu (in preparation), Liu Jing, CFO of Zhiheng Headquarters

2023-11-24

Is it legal for an employer to entrust a third party to pay social security for its employees?

Author | Lawyer Wang Hongting In practice, it often happens that employers entrust third-party companies to pay and withhold social security for employees, mainly because: 1. The movement of workers (in different places and locally) between related enterprises has not handled changes in social security contributions; 2. The company recruits workers in different places, and the workers request to handle social insurance in the city where they live; 3. The company recruits workers locally, and the workers request to handle social insurance in different places. Is this situation legal? What are the legal consequences? 1. Case Introduction Qiao v. Wuhan Guodan Company Labor Dispute Case First Instance: (2017) Hubei 0102 Minchu No. 8628 second-instance: (2018) Hubei 01 Minzhuan No. 3245 On September 1, 2014, Qiao signed a written employment contract with Guodan Company, agreeing that Qiao engaged in inviting tenders commissioner work, with an average monthly salary of 4,000 yuan, the work place is in Beijing, the contract period is 2014

2023-11-23

Party Building

The works of Zhiheng party members and lawyers were selected for the "Xuexi Qiangguo" platform of the Party Central Committee

The book "Common Sense Lies You (4th Edition) ", written by Yu Yongbo, senior equity partner and party member lawyer of Zhiheng Law Firm, has been selected by the Propaganda Department of the Hedong District Committee of Linyi City of the Communist Party of China. It will be recorded as a collection of legal-popularized audio and promoted on the "Xuexi Qiangguo" platform of the Party Central Committee, so that all party members and the whole society can learn and understand the law. The "Xuexi Qiangguo" learning platform is a scientific theory learning battlefield and ideological and cultural aggregation platform based on the whole party and facing the whole society. Lawyer Yu Yongbo's book "Common Sense Deceives You (4th Edition) " can be selected into the "Xuexi Qiangguo" platform of the Party Central Committee, which is the honor and responsibility of Zhiheng and Zhiheng lawyers. As legal persons, Zhiheng lawyers will shoulder the responsibility to promote the construction of socialist rule of law, enrich the spiritual civilization of party members and cadres and the people. The selected book "Common Sense Deceives You (4th Edition) " is a borrowed book

2023-11-22

Determination of "Reasonable Explanation" - Infringement Determination Rules in Computer Software Copyright Cases (Part 2)

Author | Intellectual Property Center, Wang Qionghua Lawyer Directory 01 Independent Development and Reverse Engineering 02 Fair Use 03 Limited Expression 04 Legal Sources The legislative purpose of copyright law is not only to protect the rights of authors and encourage their creative works, but also to promote the dissemination and use of works, enrich people's spiritual and cultural life, improve people's scientific and cultural quality, and promote economic development and social progress. [1] Therefore, while protecting the rights of authors, certain restrictions are also made on rights. The fair use system is an important way to restrict. " Contact + substantial similarity "is the core rule for the determination of work infringement, and" exclusion of reasonable explanation "is a supplementary determination to the principle of" contact + substantial similarity ". Defendants can defend non-infringement through" reasonable explanation "or the acquisition channel of the software work is a" reasonable source ". The reasons for reasonable explanation generally include the following situations

2023-11-20

How to Determine "Contact" - Infringement Determination Rules in Computer Software Copyright Cases (Chinese)

Author | Intellectual Property Center, Lawyer Wang Qionghua Foreword As mentioned above, in the trial of computer software infringement disputes, "contact + substantial similarity + exclusion of reasonable explanation" is a generally applicable computer software infringement judgment rule. This article analyzes and discusses the determination rule of "contact" in the infringement judgment rules in the trial of computer software infringement disputes. PART 01 The accused infringing work is substantially similar to the work of others, which means that the accused infringing work may use the relevant content of other people's works. However, due to the possibility of creative coincidence, only the similarity of the works cannot be completely determined. At this time, if it can be confirmed that the accused infringer has contacted other people's works before creating his works, then based on the fact that his works are similar to other people's works, it can be presumed that the relevant content in his works comes from other people's works. Therefore, the function of the contact element is to rule out creative coincidence

2023-11-18

Zhiheng Law Firm visited Yingke Shanghai, Jintiancheng and Zhiheng Shanghai for exchange

In order to promote communication between law firms, on November 17, 2023, Lin Huiyan, Executive Director of Zhiheng (Guangzhou) Law Firm, Ren Xue, Director of the Development Department of Zhiheng Branch and Executive Director of Zhiheng (Longgang) Law Firm (hereinafter referred to as "Zhiheng Longgang"), Zeng Yuru, Executive Director of Zhiheng (Dongguan) Law Firm (hereinafter referred to as "Zhiheng Dongguan"), Jin Dan, Executive Director of Zhiheng (Shanghai) Law Firm (hereinafter referred to as "Zhiheng Shanghai"), Wang Sibo, a member of Zhiheng Longgang Management Committee and a senior partner of equity, Zhiheng Longgang Lawyer Yu Qingfeng, Senior Partner of Equity, Lawyer Luo Wenlong, Senior Partner of Zhiheng Shanghai Equity, Lawyer Hong Zhixiong, Member of Zhiheng Longgang Supervisory Board and Partner Lawyer, Lawyer Deng Nuokun, Full-time Lawyer of Zhiheng Dongguan, and Intern Lawyer Xie Qihang of Zhiheng Longgang went to Beijing Yingke (Shanghai) Law Firm, Jintiancheng Law Firm and Brother Law Firm Zhiheng (

2023-11-17

Illegal construction: Whether balcony window sealing is an illegal construction

Author | Shangxian Real Estate Legal Service Team, Lawyer Li Wenjun Author's Note: Balcony window sealing (as shown in Figure 1) is a very controversial topic in recent years. For owners, a balcony is safe and clean, and it can also increase the indoor area. Especially in cities with high housing prices such as Shenzhen, it is simply beneficial and harmless; for property companies, the owner's window sealing in the property management area destroys the unity and beauty of the building's appearance. Second, it will inevitably lead to complaints from other owners. Therefore, most property companies are opposed to balcony window sealing. For law enforcement agencies, relevant complaints and reports need to be handled by law enforcement agencies , and even gradually evolved into a law enforcement problem for law enforcement agencies in the urban planning area. 1. Basic case and focus of controversy (1) Basic case On March 12, 2019, the defendant Longhua District Planning and Land Supervision Bureau received a complaint about the plaintiff's illegal conversion of balconies in the real estate involved

2023-11-17

The First Women Lawyers Seminar of Shenzhen Lawyers Association Visited Zhiheng Law Firm

On the afternoon of November 17, 2023, the first female lawyer training class of Shenzhen Bar Association (hereinafter referred to as "the female lawyer training class of the Municipal Law Association") visited Zhiheng Law Firm for a visit and exchange. Chai Yongxia, executive director of Zhiheng and deputy director of the management committee, Zhang Nan Nan, member of the management committee and director of the Youth Industry Committee, and Zhuang Aimei, member of the women's labor committee, warmly received and organized a discussion and exchange. Visit Zhiheng Environment City Law Association Women Lawyers Training Class A group of people visited Zhiheng Office Environment Speech Session Director Chai Yongxia, Executive Director of Zhiheng and Deputy Director of the Management Committee, Director Chai Yongxia, delivered a speech on stage. Welcome the lawyers of the Women Lawyers Training Class of the City Law Association to Zhiheng. The high value and high aura of everyone present fully reflect the style of Shenzhen lawyers. I hope you will spend a good afternoon in Zhiheng. Zhiheng is committed to providing a platform for each lawyer to shine, and regularly conducts a series of exchange activities on hot topics to help lawyers connect and communicate

2023-11-16

Social Responsibility

The lecture on "Lawyers' Strategies and Self-Protection in the Face of Special Clients" was successfully held

On the afternoon of November 16, 2023, organized by Zhiheng Law Firm and jointly organized by Zhiheng Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center, Women Lawyers Working Committee, and Public Welfare Committee, a lecture on the theme of "Lawyers' Strategies and Self-Protection in the Face of Special Clients" was successfully held in the Zhiheng Conference Room. Chai Yongxia, Executive Director of Zhiheng and Deputy Director of the Management Committee, and Liu Yanhua, Director of the Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center, attended the lecture. The lecture was chaired by Zhuang Aimei, Secretary-General of the Marriage and Family Affairs and Wealth Inheritance Legal Affairs Center and a member of the Women's Leader's Speech Zhiheng Executive Director and Deputy Director of the Management Committee Chai Yongxia Director Chai Yongxia gave a speech on stage, and it is a great honor to invite Mr. Sun Chao to share. In recent years, the pressure facing the legal profession, especially female lawyers, has been increasing. Learning how to adjust their own pressure and face special client strategies and self-protection can help lawyers in

2023-11-15

Determination of "Substantial Similar" - Infringement Determination Rules in Computer Software Copyright Cases (Part 1)

Author | Intellectual Property Center, Lawyer Wang Qionghua Introduction Computer software has the characteristics of high research and development costs, easy copying, and wide dissemination, which leads to frequent software infringement cases. In judicial practice, computer software copyright infringement disputes have problems such as difficulty in obtaining evidence, complicated and cumbersome infringement comparisons, and relatively controversial infringement determination. In the trial of computer software infringement disputes, "contact + substantive similarity + exclusion of reasonable explanation" is a generally applicable computer software infringement judgment rule. [ 1] "Specifically, if the accused infringing software work is substantially similar to the specific content of the software work claimed by the plaintiff, and the defendant has the possibility of contacting the work, and the determination of the evidence in the case has excluded other conclusions to form a conviction, then it is inferred that the defendant's behavior constitutes infringement. This article acknowledges the" substantial similarity "in the infringement judgment rules in the trial of computer software infringement disputes

2023-11-15

Zhiheng was successfully listed in the 2023 ALB South China Central China Most Potential Law Firm Award

On November 15, 2023, "Asian Legal Business" announced the shortlist of the 2023 ALB China Regional Market Law Awards: South China & Central China. Zhiheng Law Firm was listed on the "Annual South China Central China Most Potential Law Firm Award" with its rapidly growing business scale, high-quality professional service level, outstanding performance and customer reputation-Local "project nomination. This nomination represents the recognition and affirmation of Zhiheng's development potential by authoritative organizations. In 2023, Zhiheng will enhance its professional capabilities in legal services in an all-round way, and has won praise from many industry customers and peers. Zhiheng will take this as a new starting point, make persistent efforts, continuously improve the construction of law firms, pay attention to professional service capacity enhancement, continue to expand brand influence, and serve customers professionally and efficiently as always. All Zhiheng

2023-11-13

A Brief Discussion on Litigation (Arbitration) Request for "Continued Performance of Contract"

Author | Criminal Center, Lawyer Liu Zhanlei In civil litigation (arbitration), the selection and submission of litigation (arbitration) claims are important links that determine the direction and outcome of the case. Among them, "continue to perform the contract" is a common litigation (arbitration) request, but in practice, its application conditions and coordination with the execution procedure are complex. This article will discuss the litigation (arbitration) request of "continue to perform the contract" in combination with relevant laws, regulations and cases. 1. Provisions on Continued Performance in the Civil Code of the People's Republic of China 1. Continued performance is one of the main ways to assume civil liability. Article 179 of the Civil Code of the People's Republic of China stipulates that the main ways to assume civil liability are: (1) cessation of infringement; (2) removal of obstacles; (3) elimination of danger; (4) return of property; (5) restoration of original state; (6) repair, heavy

2023-11-13

People

Lawyer Zhiheng won "two gold and one bronze" in the swimming competition of the 21st Shenzhen Lawyers "Huashang Cup" Games

On November 11, 2023, Zhong Jiahao, a trainee lawyer of Zhiheng Law Firm, represented Zhiheng in the swimming competition of the 21st Shenzhen Lawyers "Huashang Cup" Games sponsored by the Shenzhen Lawyers Association. He won the championship of the men's youth group in the 50-meter freestyle, the champion of the men's youth group in the 50-meter butterfly, and the third place in the men's youth group in the 100-meter freestyle. A glimpse of the competition Warm congratulations to Mr. Zhong Jiahao for his great achievements! Lawyer Zhong Jiahao showed tenacious struggle and unafraid of difficulties in the competition, which is a vivid portrayal of the concept of "the unity of knowledge and action, constant and far-reaching" upheld by Mr. Zhiheng. Let's look forward to lawyer Zhiheng's outstanding achievements in various fields and show Zhiheng's style! Lawyer Profile Zhong Jiahao Zhiheng Law Firm Intern lawyer graduated from Guangdong Pharmaceutical University and has successively worked in the CDC, hospitals, market supervision departments, street offices, and obtained medical practice

2023-11-10

Route GuideShu Zhiheng Law Firm Shenzhen Headquarters

About ZHI HENG LAW FIRM Zhiheng Law Firm, Zhiheng Law Firm is one of the earliest comprehensive law firms approved for establishment in our country. In 1995, it settled in Shenzhen, which took the lead in establishing China's market economy system through reform and opening up. After the Central Committee of the Communist Party of China granted Shenzhen a pilot demonstration zone, it will start a strategic transformation by the end of 2021

2023-11-10

IP compliance guidelines for emerging technology companies

Author | Intellectual Property Center, Lawyer Wang Qionghua Introduction In today's era of globalization and digitalization, the protection and compliance of intellectual property (IP) has become an important issue that enterprises must face. This article will focus on intellectual property compliance and provide guidance for emerging technology companies to help them comply with laws and regulations and protect their own innovations. I. The importance of intellectual property compliance 1. Protecting the core competitiveness of enterprises Intellectual property is one of the core competitiveness of enterprises, including patents, trademarks, copyrights and trade secrets. Compliance means that companies can fully protect their innovation and brand value from being infringed or stolen by others. By establishing a compliance mechanism, companies can ensure their advantage in market competition. Take Xiaomi Technology as an example, the company actively protected itself in the early days of its establishment

2023-11-10

Good news from Zhiheng

Diligence and dedication, a good benchmark in the industry - Zhiheng Zhang Nannan's criminal defense team was awarded a pennant

Recently, so-and-so Cultural Communication Co., Ltd. sent the banner of "Diligence and Diligence, Good Benchmark in the Industry" to Zhang Nan Nan's criminal defense team to express gratitude. The legal representative of so-and-so Cultural Communication Co., Ltd. was criminally filed for making other companies falsely issue special VAT invoices and declare deductions by paying invoicing fees. Zhang Nan Nan's criminal defense team accepted the client and his company's entrustment to represent this case in accordance with the law. After team discussion, file reading and many communications with the client, they quickly determined the defense strategy: strive for corporate compliance and not prosecute. The team communicated with the prosecutor many times, interviewed and submitted written materials, and the prosecutor finally agreed to the opinion of compliance and non-prosecution. Subsequently, Zhang Nannan's criminal defense lawyer team carried out compliance work for a certain cultural communication Co., Ltd. by providing legal and regulatory materials, training explanations, special group guidance, etc., to provide the company involved and the parties with tax compliance,

2023-11-09

Introduction to Zhiheng | A new legal service experience, starting from Zhiheng

2023-11-09

The 16th Sharing Session of the Intellectual Property Hot Topics in 2023 of the Copyright Law Professional Committee of Shenzhen Lawyers Association was successfully held in Zhiheng

On November 9, 2023, the 16th sharing meeting on the hot topics of intellectual property in 2023, sponsored by the Copyright Professional Committee of Shenzhen Bar Association and co-organized by the Intellectual Property Center of Zhiheng Law Firm, was successfully held in the Zhiheng Conference Room. Wang Qionghua, Secretary-General of the Copyright Professional Committee of the Municipal Law Association and Secretary-General of Zhiheng Intellectual Property Center, and Zhang Changli, Chairperson of the United Trust Timestamp Service Center, gave speeches. Li Weikeng, Director of the Supervisory Committee of Zhiheng and Director of the Intellectual Property Center, attended the meeting, and Lin Zhiming, Supervisor of the Supervisory Committee of the Municipal Law Association, attended the online meeting Wan Cheng, member of the Copyright Professional Committee of the Municipal Law Association and director of the Copyright Law Professional Committee of Zhiheng Intellectual Property Center, presided. This sharing session attracted more than 100 lawyer peers to participate online and offline. Leader's Speech Director of Zhiheng Supervisory Board and Director of Intellectual Property Center Li Weixiang Director Li Weixiang delivered a speech on stage. It is a great honor for Zhiheng Intellectual Property Center to assist the Copyright Committee of the Municipal Law Association

2023-11-08

What should I do if I have not paid enough pension insurance and cannot enjoy retirement benefits?

Author | Wang Hongting Lawyer's Guide - "Due to the unpaid pension insurance period, I cannot enjoy the retirement benefits, how to remedy it?" Recently, a client consulted a question: "The company has interrupted the pension insurance for several years, resulting in the inability to enjoy the retirement benefits." How should I claim my rights and interests? First of all, it is clear that the collection and payment of social insurance fees is the responsibility of the social security collection agency. Disputes caused by the employer's arrears or refusal to pay social insurance premiums do not belong to the scope of civil cases in the people's court. That is to say, if the employer is only required to make up social insurance, it should file a complaint with the social insurance premium collection agency, and the agency will order it to pay or make up within a time limit. However, in practice, when a worker reaches the retirement age, it is usually because the employer has not paid social insurance during the existence of the labor relationship, or the payment period is missing, or the payment base is insufficient, or there is an omission of payment

2023-11-07

Lawyers from Zhiheng have been appointed as arbitrators of the Dongguan Arbitration Commission

In order to continuously optimize the structure of the team of arbitrators, continuously enhance the ability to handle arbitration cases, vigorously improve the level of arbitration legal services, and comprehensively promote the high-quality development of the real economy, the Dongguan Arbitration Commission has decided to hire 222 additional arbitrators after review and approval of relevant procedures. The Dongguan Arbitration Commission (DGAC) is approved by the Ministry of Justice in accordance with the law, approved by the Department of Justice of Guangdong Province, and established by the Dongguan Municipal Government under the leadership of the Dongguan Municipal Party Committee and Municipal Government. It is the only arbitration institution in Dongguan. Dongguan Arbitration Commission faces the Greater Bay Area, radiates at home and abroad, carefully grasps the new development stage, fully implements the new development concept, adheres to high standards, high requirements, and a high starting point, and works hard. It strives to provide professional, efficient and convenient arbitration legal services for the majority of commercial subjects, and comprehensively contributes to the high-quality development of the real economy. Among them, Zhang Xiulan, deputy director of the Criminal Center of Zhiheng Law Firm, and head of Zhiheng Dongguan Management Committee

2023-11-06

A Comparative Study on Typical Cases of Corporate Governance between China and the United States

Author | Zhang Junyi, Mu Qing, *** Introduction When the interests of shareholders are damaged, they directly sue the board of directors, and when the interests of small shareholders are damaged, they directly sue the large shareholders. Shareholders use the company to evade debts, and the interests of creditors are difficult to remedy and other disputes. This kind of contradiction between controlling shareholders, large shareholders, small shareholders, directors, and creditors is a dispute that has occurred in the intermediate frequency of company management in recent years. With the company gradually becoming an important commercial transaction subject in the market, various types of lawsuits have occurred frequently. This paper focuses on four common disputes in corporate governance: shareholders and directors, major shareholders and minor shareholders, corporate personality denial and the validity of company resolutions. By comparing the similarities and differences between Chinese company law cases and American company law cases, it is hoped to explore feasible solutions for common disputes in corporate governance. First, conflicts and disputes between shareholders' interests and directors' operation and management Common in company law

2023-11-03

The Judicial Judgment Rules of "Incompetent Work" Viewed from Xiaomi's Dismissal and Losing Case

Author | Intellectual Property Center, Wang Qionghua Lawyer Beijing Court Trial Information Network announced the second-instance judgment in the labor dispute between Xiaomi and He. The Beijing No. 1 Intermediate People's Court upheld the original judgment of the first instance, and Xiaomi needs to continue to perform the employment contract with He. As a result, the case of "Xiaomi's dismissal of incompetent employees lost the final trial" rushed to the hot search list of Sina Weibo, and netizens had a heated discussion on "last elimination" and "whether incompetence can be a reason for dismissal". So does the "last elimination" system comply with the relevant provisions of the labor law? Can the employer use this as the basis for the worker's "incompetence" job? If the worker is indeed incompetent, what can the employer do to avoid the risk of losing the case? Here, the author takes the "Xiaomi Dismissal of Incompetent Employees Final Case" as an example to sort out the adjudication rules of similar judicial cases on "incompetent work".

2023-11-01

After a divorce, can you deny the divorce agreement?

Author | Hongyan Lawyer Team, Lawyer Wang Ting Divorce is not a new word today. With the improvement of the level of economic development, the improvement of women's education level and employment participation and other factors, the divorce rate remains high. During divorce negotiations between men and women, there are often situations where one party agrees to pay the other a large amount of compensation, or gives real estate to the child in order to provide protection for the growth of the child. So, after going through divorce procedures, can one party renege on the agreement on property distribution, can it be revoked? 01 Divorce agreement cannot be determined and cannot be revoked Case One week (man) and Ye (woman) got married on September 10, 2015, did not have children after marriage, no common property and common debts, and divorced on April 25, 2016 due to emotional breakdown. At the time of divorce, both parties signed the divorce agreement, agreeing that the man promised to voluntarily pay the woman financial compensation in 10 installments, totaling 3.50 million

2023-11-01

The launch of the new book series of Zhiheng College - "Shenzhen Land Preparation Benefits Coordinating Policy and Practice" was successfully held

On the afternoon of November 1, 2023, the launch of the book series of Zhiheng College - "Policy and Practice of Coordinating Benefits of Land Preparation in Shenzhen" by Li Huijie, deputy director of the Urban Renewal Professional Committee of the Real Estate and Construction Engineering Research Center of Zhiheng Law Firm (hereinafter referred to as the "Urban Renewal Professional Committee of Zhiheng Housing Construction Center") was successfully held in the Zhiheng Conference Room. Zhang Shanhua, director of the Zhiheng Management Committee, and others attended the launch of the new book. At the beginning of the speech session, Zhang Shanhua, director of Zhiheng Management Committee, gave a speech on stage. The new book "Shenzhen Land Preparation Interest Coordination Policy and Practice" written by lawyer Li Huijie is the first book in the Zhiheng College series. It is a milestone for Zhiheng's professional establishment. Zhiheng is committed to building a professional strong firm. I hope everyone will support lawyer Li Huijie's works, exchange with each other, learn writing experience, and transform the accumulated experience and experience in handling cases into

2023-10-31