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Dynamic | Shengdian "Professional Afternoon Tea" July Highlights & August Forecast

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2024.08.02

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"Professional Afternoon Tea" is a professional sharing activity initiated by Shengdian Professional Construction Committee and organized by various professional committees (hereinafter referred to as professional committees) on a weekly basis. It aims to promote the summary, sharing and cooperation of lawyers in various professional fields in the institute. Currently, 39 consecutive sessions have been held. Among them, the four "professional afternoon tea" held in July were shared and discussed in depth by Shengdian Government Affairs Committee, Real Estate Committee, Criminal Defense Committee and Securities Commission on hot topics, practical experience and legal frontier trends in the legal industry.

 
Highlights of "Professional Afternoon Tea" Activities in July
 

 

No. 36
7月3日
 
Shengdian Government Affairs Legal Professional Committee

The Administrative Legal Risk of the Second Decoration of the Housing and Construction Legal Consultant Service

 

Lawyer DunfannyIt is shared from the management responsibilities of the housing and construction department, the classification and legal application of the secondary decoration, and the legal risk tips of the secondary decoration. In the sharing, lawyer Deng elaborated on the classification of the secondary decoration and the application of relevant laws. at the same time, he pointed out that in the secondary decoration, it is necessary to entrust design, construction and appraisal units with relevant qualifications, and it is necessary to apply for permits such as construction permits and filing according to law. construction enterprises need to carry out construction according to law, and at the same time, they also need to go through acceptance and filing procedures according to law after the decoration.

 

 

 
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Issue 37
12 July
 
Shengdian Real Estate and Construction Engineering Law Committee

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 The revision of the administrative audit conclusion) has also set off a dispute about whether the settlement of government investment projects should be strictly subject to the administrative audit conclusion. lawyer Guo shasha combined with the recent cases to analyze: the current legal norms and judicial practice have been unified and clear that the autonomy of the parties is the primary premise, the agreement to accept the administrative audit must be specific and clear, not to explain the presumption. The legitimacy of the administrative audit conclusion allows for questioning, as long as there is evidence to the contrary, the administrative audit conclusion can also be improved by means of supplementary identification, re-identification and so on. If the contract clearly stipulates that the administrative audit conclusion shall be used as the basis for settlement, but the administrative audit conclusion has been delayed. Although there are no relevant laws and regulations to stipulate the disposal path for overdue audit, the practical point of view has basically made it clear that the party causing the overdue audit will lose the "initiative", and the overdue audit not caused by the contractor can determine the settlement price through judicial appraisal.

 

 

 
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Issue 38
19 July
 
Shengdian Criminal Defense Law Professional Committee

From a crime of intentional injury and a crime of fraud to see the main points of the review of judicial expertise.

 

Lawyer Ma ShichengThe shared process of cross-examination of appraisal opinions is the first procedure and then the entity. In the first case, in the physical aspect, in-depth study of medical knowledge, identification standards and rules related to human injury, keenly found that the basis of the identification opinion is wrong, and finally turned around.

 

 

 
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Issue 39
26 July
 
Shengdian Securities Legal Professional Committee

Legal Due Diligence Risk Prevention and Control

 

Lawyer Chen JinfengTaking the risk prevention and control of due diligence as the starting point, focusing on the four principles of due diligence objective, independence, confidentiality and prudence, this paper focuses on the contents that need to be verified in due diligence, and leads everyone to understand what important matters are in handling securities business and how to issue a legal due diligence report legally and in compliance.

 

 

 
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August "Professional Afternoon Tea" Event Forecast
 

 

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<Swipe left and right to see more>

 

Editor: Qiu Qing
Editor: Wang Zhihong
Reviser: Huang Ting

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