Abstract: On January 21, 2022, the Supreme People's Court issued the Several Provisions of the Supreme People's Court on the Trial of Civil Compensation Cases for False statement Infringement in the Securities Market (hereinafter referred to as the "New Rules"), which are based on the Several Provisions of the Supreme People's Court on the Trial of Civil Compensation Cases Caused by False statement in the Securities Market (hereinafter referred to as the "Old Rules") issued by the Supreme People's Court in 2003, Based on 19 years of judicial practice experience, summarize and compile new regulations applicable to the current securities market environment. It is worth noting that this new regulation makes a clear distinction between the types of securities False statement, and makes different provisions on the identification standards of causal re...

The COVID-19 outbreak in Shanghai is urgent, large-scale and widespread, and as the prevention and control measures are upgraded and continued, the risk of internal or external conflicts and disputes among enterprises is also accumulating. In order to help enterprises identify and prevent legal risks related to the epidemic, Hillhouse Law Firm will successively push Corporate Legal Risks Tips during Epidemic Prevention and Control to enterprises for reference in business decision-making and promote the healthy and orderly development of enterprises. This article focuses on the criminal legal risks faced by enterprises during the epidemic prevention and control period.   一、Enterprises are not allowed to bid up the prices of masks or other items that are urgently needed for epidemic prevention and control and seek excessive profits. Whoever, in accordance with A...

Understanding and Application of Issues Related to Securities False statement Liability Dispute   In recent years, as China's securities market continues to strengthen supervision, more and more cases are subject to administrative punishment due to illegal information disclosure, and civil disputes caused by False statement of securities emerge in endlessly. In view of the increasingly complex illegal situation of information disclosure, Guoling Law Firm will comprehensively interpret the legal background of securities False statement and how to safeguard rights in light of the common hot issues in judicial practice for the practical consideration of the vital interests of investors.   Question 1: Which entities should compensate investors for investment losses According to the Several Provisions of the Supreme People's Court on the Trial of Civil Com...

The COVID-19 in Shanghai is urgent, large-scale and widespread. With the upgrading and continuation of prevention and control measures, the risk of internal or external conflicts and disputes caused by enterprises is also accumulating. In order to help Corporate identity identify and prevent epidemic related legal risks, Guoling Law Firm will successively push the "Tips on Enterprise Legal Risks during Epidemic Prevention and Control" to enterprises for reference in business decision-making and to promote healthy and orderly development of enterprises. This article focuses on providing legal risk warnings for the company's operations during the epidemic prevention and control period.   一、Due to the impact of the COVID-19, a limited liability company may hold a shareholders' meeting, the board of directors and the board of supervisors in other forms after...

Under the modern enterprise system, there are mainly two types of enterprises: partnership enterprises and companies, with companies being the mainstream. Company shareholders establish legal relationships with the target company through equity, and enjoy shareholder rights such as participation, voting, information, and dividend rights based on equity. By exercising shareholder rights to control or participate in company operations, they can achieve their expected business objectives. At present, there are three main ways in which founders hold equity in the target company: natural person shareholding, company shareholding, and partnership shareholding. Against the backdrop of the increasingly standardized management of business tax reform and tax collection, income tax matters are becoming increasingly important. As for shareholders, under different shareholding methods, the same...

The epidemic in Shanghai is rapid, large-scale and widespread, and with the upgrading and continuation of the prevention and control measures, the risk of internal or external conflicts and disputes arising from the epidemic is also accumulating. In order to help enterprises identify and prevent legal risks related to the epidemic, Guotai Law Firm will successively send "Legal Risk Tips for Enterprises during the Epidemic Prevention and Control Period" to enterprises for reference in business decision-making and to promote the healthy and orderly development of enterprises. This article focuses on the legal risk tips for commercial contracts during the epidemic prevention and control period.   一、The force majeure clause may be invoked to claim partial or total exemption from liability for disputes arising from the failure to perform a contract as a direct result of...

Recently, the first financial, Phoenix network, China Economic Network and other media reports, Zhang Ting, Lin Ruiyang couple's "TST court secret" suspected pyramid scheme. According to the report, the market supervision Bureau of Hubei Baokang County found that: the bonus system developed by the company divides members into blue card members and red card members, of which blue card members are general consumers, and the bonus system for blue card members is in line with business practices; The bonus system implemented by the red card members requires the development personnel to develop other personnel to join, forming an upper and lower line relationship, and the calculation and payment of online remuneration based on the sales performance of the following line belongs to the circumstances referred to in the relevant provisions of the Regulations on Prohibiting Py...

In 2021, the national public security organs further promoted the "Net 2021" special action, in response to the personal information protection issues of concern to the people, and made every effort to organize investigation and crackdown work. At that year, the Liaoning public security organs cracked the case of Shi and others illegally obtaining citizens' information to register game accounts and selling them to minors. In this case, the Liaoning Public security network security department investigated and found that a network technology company in Shandong purchased citizen information from the Internet, and with the technical support of a gang in Fuxin Stone, Liaoning, broke through the verification mechanism of the game company, illegally registered more than 18,000 real-name online game accounts, sold them to minors, and illegally made profits of more than 1.7 million ...

Due to the rapid development of big data technology and economy and the release of national laws and policies, the transformation and development of traditional medical care to Internet online medical care is imperative. Many enterprises and medical institutions enter the big data medical industry, so in the face of medical data processing rules and requirements at all levels, from laws and regulations to national and industrial technical security standards and guidelines, how to legally comply with medical health data processing, how to avoid personal sensitive information data leakage, abuse and other related legal risks, All these are urgent problems for practitioners in the medical industry such as practitioners in medical institutions, investors, and large health industry service providers. Therefore, data security processing activities in the medical industry are bound to beco...