Chen Weiyue / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Chen Zhimin / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Chu Pingping / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Guo Chaohui / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Guo Yan / Senior Partner

Business areas: -Company Law: Equity Disputes, etc. -Commercial litigation: contract disputes, etc. -Real estate and construction: housing lease contract disputes, etc. -Non-litigation: corporate cons...

Hu Ningke / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Huang Jianqiang / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Huang Ting / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Jiang Li / Senior Partner

Business areas: Corporate Legal Risk Control and Compliance, Corporate and Equity Business, Civil and Commercial Dispute Resolution, Communications Internet Legal Business, Data Compliance, Tax Compli...

Kou Xingming / Senior Partner

Business Area:-legal counsel and consulting: finance, real estate and construction (including PPP project investment and financing, etc.), project investment and financing transaction design and risk ...

Practical Articles

Sheng Code Practice, Si Yuhong: Workers in the performance of their duties caused by the employer's property losses should bear civil liability analysis-to a similar practical case as a reference to the discussion.

The first paragraph of Article 191 of the the People's Republic of China Civil Code stipulates: "If a staff member of an employing unit causes damage to others as a result of the performance of work tasks, the employing unit shall bear tort liability. After the employing unit has assumed tort liability, it may recover compensation from the staff member who has intentional or gross negligence." This is because the interests of employees in performing their duties belong to the employer, and it is also a special arrangement made by the state out of the weak position of workers, but there are also exceptions to the above provisions, that is, if there is a serious fault in the process of performing their duties, resulting in property losses of the employer, after the employer bears tort liability, it can recover compensation from the staff who have intentional or gross negligence. In addition to the above provisions, as China's labor law, labor contract law and other special laws that deal with the field of labor arbitration have no provisions on this. And in the stage of labor arbitration due to the different application of the law, resulting in judicial practice in the final judgment of workers in the performance of their duties in the process of fault caused by the loss of the employer and the final compensation for the loss of the employer's property is very few. In this paper, the author intends to analyze and discuss a case in which the employer's property loss caused by the laborer in the process of performing his duties, and the employer claims compensation from the laborer and finally obtains the support of the court.

Frontier Observation

Sheng Dian Observation, Wang Yongjing: Self-consciousness and back-to-back payment clause legal meaning-to Kant's view of moral philosophy as an entry.

Abstract: The background and reasons for the signing of back-to-back payment terms vary widely, with fair and legal, and illegal and unfair. Moral and rational law is good law. In the event of a dispute over the back-to-back payment terms, the people's court shall explore the true meaning of both parties to the dispute, and determine the nature and effectiveness of the back-to-back payment terms in strict accordance with the clear mandatory provisions of laws and administrative regulations on the basis of the principles of autonomy, good faith and so on. The reply of the Supreme People's Court on the validity of the terms of the agreement between large enterprises and small and medium-sized enterprises to pay by a third party as the premise of payment (Fa Shi [2024] No. 11) may be intended to solve the confusion and injustice caused by back-to-back payment terms, but inadvertently may bring confusion in legal interpretation and new injustice in judicial judgment of back-to-back payment terms.

Practical Articles

Shengdian Practice. Guo Sasha: An analysis of whether the settlement of government investment projects should be strictly subject to the conclusion of administrative audit.

Recently, the "Interpretation (II) of the Supreme People's Court on the Application of Legal Issues in the Trial of Construction Contract Disputes" is about to come out. In the "open" association discussion version of the circle of friends, the audit opinions of government audit units or the review conclusions of financial review agencies (Hereinafter referred to as administrative audit conclusions) can be revised as the basis for settlement, and also set off a dispute about whether the settlement of government investment projects should be strictly subject to administrative audit conclusions, the author analyzes the recent cases as follows.