Dynamic | Shengdian "Professional Afternoon Tea" February Highlights & March Forecast
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2025.03.04
"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, it has held 68 consecutive sessions. In the four "professional afternoon tea" held in February, the Shengdian Securities Commission, the Criminal Defense Commission, the Labor Commission and the Housing and Construction Commission conducted in-depth sharing and discussions on hot topics, practical experience and legal frontier developments in the legal industry. In March, the professional members of Shengdian Marriage Committee, IPAC, Company Committee and Foreign Affairs Committee will continue to share and exchange practices and hot topics in corresponding fields.
From the perspective of investor repurchase, lawyer Chen Jinfeng introduced the repurchase responsibilities of different objects for us, focusing on how investors should claim their rights and interests to shareholders/actual controllers and how investors should exercise their repurchase rights under different circumstances. At the same time, he explained the scope of the target company's repurchase responsibility and gave practical investment suggestions. Finally, in the part where investors hold the target company, directors and senior executives accountable, lawyer Chen Jinfeng provides a new way of thinking from two aspects of tort liability and liability for breach of contract.
Lawyer Wang Qioran introduced from "What is 'Golden 37 Days?", explained why "37 Days" is so precious, and analyzed the main work content and role of defense lawyers in "Golden 37 Days" against the background of extremely low acquittal rate and forward defense effect. Lawyer Wang also shared the summary and tips of the risk points of defense work in the investigation stage for the participating lawyers.
Lawyer Niu Yuxiang started from the background that the act of refusing to pay labor remuneration was criminalized in China's Criminal Law Amendment (VIII) in 2011, and combined with the past cases published by the Supreme People's Court and the Supreme People's Procuratorate, this paper focuses on the analysis of six typical cases issued by the Supreme People's Procuratorate in 2025 to punish the crime of refusing to pay labor remuneration according to law, and disassembled and analyzed the constituent elements of the crime and the determination in judicial practice, for example:(1) does the crime need to be premised on the confirmation of labor relations?(2) How do you understand "able to pay but not pay"?(3) the incriminating standard of the amount of the crime;(4) seven core issues such as administrative pre-procedure.
Lawyer Wang Yi of Guangdong Huashang Law Firm described the development process of various types of affordable housing for different groups from the physical distribution system of unit welfare housing in the early days of the establishment of the special zone, to the commercialization of housing and housing subsidies in parallel in the 1980 s, to the complete monetization of housing in the early 21st century, and then combed and explained Shenzhen's housing security system by analyzing the main laws and regulations of welfare housing and affordable housing and sharing relevant cases. Finally, lawyer Wang also shared with you how to apply for enforcement of this kind of real estate, and had a heated discussion and exchange with the participating lawyers.
From the perspective of investor repurchase, lawyer Chen Jinfeng introduced the repurchase responsibilities of different objects for us, focusing on how investors should claim their rights and interests to shareholders/actual controllers and how investors should exercise their repurchase rights under different circumstances. At the same time, he explained the scope of the target company's repurchase responsibility and gave practical investment suggestions. Finally, in the part where investors hold the target company, directors and senior executives accountable, lawyer Chen Jinfeng provides a new way of thinking from two aspects of tort liability and liability for breach of contract.
Lawyer Wang Qioran introduced from "What is 'Golden 37 Days?", explained why "37 Days" is so precious, and analyzed the main work content and role of defense lawyers in "Golden 37 Days" against the background of extremely low acquittal rate and forward defense effect. Lawyer Wang also shared the summary and tips of the risk points of defense work in the investigation stage for the participating lawyers.
Lawyer Niu Yuxiang started from the background that the act of refusing to pay labor remuneration was criminalized in China's Criminal Law Amendment (VIII) in 2011, and combined with the past cases published by the Supreme People's Court and the Supreme People's Procuratorate, this paper focuses on the analysis of six typical cases issued by the Supreme People's Procuratorate in 2025 to punish the crime of refusing to pay labor remuneration according to law, and disassembled and analyzed the constituent elements of the crime and the determination in judicial practice, for example:(1) does the crime need to be premised on the confirmation of labor relations?(2) How do you understand "able to pay but not pay"?(3) the incriminating standard of the amount of the crime;(4) seven core issues such as administrative pre-procedure.
Lawyer Wang Yi of Guangdong Huashang Law Firm described the development process of various types of affordable housing for different groups from the physical distribution system of unit welfare housing in the early days of the establishment of the special zone, to the commercialization of housing and housing subsidies in parallel in the 1980 s, to the complete monetization of housing in the early 21st century, and then combed and explained Shenzhen's housing security system by analyzing the main laws and regulations of welfare housing and affordable housing and sharing relevant cases. Finally, lawyer Wang also shared with you how to apply for enforcement of this kind of real estate, and had a heated discussion and exchange with the participating lawyers.
