The 2013 annual ten legal events

A labor contract law, law and the interpretation of the law

The labor contract law in the implementation of nearly five years later, the first revision in late 2012, the new labor contract law revised on July 1, 2013 implementation. The law of labor contract law mainly in labor dispatch. Amendment to improve labor conditions for the establishment of enterprises; once again stressed the principle of "equal pay for equal work"; the labor dispatch in enterprise and employment of the position and reset the legal liability of the illegal labor dispatch behavior.

In January 18, 2013, the Supreme People's Court issued "interpretation of the Supreme People's Court on the law applicable to a number of labor dispute cases (four) [hereinafter referred to as the" interpretation "(four)"]. Interpretation (four) problems mainly in the mediation and arbitration and civil litigation procedures, working years, the prohibition of business strife, modification of labor contract, the employing units to terminate the labor contract after the expiration of the period of economic compensation, foreigners and Hong Kong and Macao residents working status of the provisions made how to apply the law.

The repair method and the interpretation of the law of labor contract law, is worth practicing lawyers especially civil litigation attorney and counsel on labor law, grasp the new legislation and judicial trends, is conducive to the lawyers in the settlement of labor disputes cases and provide commercial legal advisory services to make accurate judgments.

Two, Li and other five rape

In February 19, 2013, Beijing police received a report said the woman, in late February 17th, she drinks and Li et al. In a bar in Haidian District, was taken to a hotel in the gang rape. In February 21st, five people including Li, captured by the public security organs.

Beijing Haidian District court of first instance to the crime of rape in September 26th were sentenced to prison for ten years, Li; Wang (adults) with twelve years in prison, deprived of political rights for two years; Wei x (brother) to four years in prison; Zhang Moumou three years in prison, five years probation; Wei (XXX brother) to three years in prison, three years probation. Li and his legal representatives and co Wang appeal. In November 27th, Beijing first intermediate people's Court of final judgment, the court rejected the appeal, upheld the.

The case aroused public concern, the court of public opinion a huge controversy. In addition to the facts of the case of disputes, minor and the protection of privacy in this case, the attorney and agent, but also by the public especially extensive concern of legal practice community. Experiences and lessons from this case brings to the legal person, is worth practicing lawyers think.

Three, Bo Xilai case trial

Came 26 days on August 22, 2013, Ji'nan intermediate court held a public hearing, the original members of the Political Bureau of the CPC Central Committee in Chongqing City, the former party secretary Bo Xilai case.

In September 22nd, Shandong Province, Ji'nan City Intermediate People's Court of first instance found Bo Xilai commits bribery crime, crime of corruption, crime of breach of privilege, the combined punishment for several crimes, decided to implement the life imprisonment, deprived of political rights for life, confiscation of all personal property. After the verdicts, Bo Xilai appeal. The morning of October 25th, Shandong Province High Court of second instance open verdict, the court rejected the appeal, upheld the. The ruling shall be final.

Thin case trial, the court strictly abide by the provisions of the new criminal law procedure, allowing both fully cross examination, fully debate, and by means of public micro-blog live. Indicates the significance in the case of the defendant's self defense rights, criminal defense lawyer and judicial aspects of criminal trial, lawyers themselves can have a good understanding of.

Four, the central bank credit system open and break execution information disclosure

In October 28, 2013, after Jiangsu, Sichuan, Chongqing 3 provinces and cities in the pilot, the central bank personal credit report online inquiry service pilot also increased the Beijing, Shandong, Liaoning, Hunan, Guangxi, Guangdong 6 provinces. Individual citizens of the pilot provinces can query personal credit report through the platform. Personal credit report in addition to basic personal information, also includes credit records, public records, query records three records. The credit record including citizens to use credit cards and loans; public records include 5 years of back taxes, civil judgment, enforcement, administrative penalty and Telecommunications arrears records; query log shows queried within two years of record.

In July 16, 2013, the Supreme People's Court issued "the Supreme People's Court on the execution list published credit information" (hereinafter referred to as the "Regulations" provisions ""). "Regulations" implemented on October 1, 2013. "Regulations" to break execution confirmation and credit of punishment has made specific provisions. The court in addition to the credit information of person be executived announced through the media, will also through cooperation with the central bank reference center, to break into the personal credit rating system. In October 5th, the Supreme Court to inform the public of the implementation of the national court announced the first batch of dishonesty execution list information and "Regulations", and also announced 5 typical cases.

This series of initiatives, will give the lawyers provide more practice facilities, expand the investigation and evidence collection ways of practicing lawyers.

Five, network libel criminal case judicial interpretations

The Supreme People's court held a press conference on the afternoon of September 9, 2013, published "the Supreme People's court, the Supreme People's Procuratorate on handling the information network implementation defamation and other issues concerning the application of law in criminal cases" (hereinafter referred to as the "explanation" explain "").

"Explain" the use of information and network implementation of defamation crime, crime, public prosecution procedure standard applicable conditions and other issues; the conviction and punishment of the implementation of defiance and affray, blackmail and impose exactions on and illegal business crime information networks; the common crime contents of slander, defiance and affray, blackmail and impose exactions on illegal business, etc. crime through the information network and the information network implementation libel, defiance and affray, crime number, blackmail and impose exactions on illegal business crime and other crime.

"Interpretation" provides a legal basis for the prosecution of such cases the criminal responsibility of the perpetrator and a lawyer to handle similar cases. At the same time, we also reminded the lawyer friends pay attention to risk in practice.

Six, the referee documents on the Internet

As early as in November 21, 2010, the Supreme Court has announced the "Supreme People's Court on the judgment rules published" on the Internet, the scope of online documents and published methods and explain. But to truly realize the judgment documents on the Internet is the time of year.

In July 1, 2013 the Supreme People's Court opened China judgments, judgments and actively promote the court in accordance with the conditions of all online. In November 27, 2013, in Shenzhen, to realize network adjudicative document delivery platform China judgments and around the court, it means, more than 3000 national court judgment will be concentrated to Chinese judgments of the unified network open platform. People can China judgments on public judgment, ruling or judgment.

Judgment documents on the Internet is the embodiment of judicial openness, but also has the important practical significance to the practice of lawyer, the lawyer can refer to the previous case from the judgments in the case trial judge, to provide reference suggestion to solve.

Seven, IPO restart

Since the auto parts maker "Zhejiang world treasure" 2012 November listing, securities regulators use all IPO applications. According to a recent statistics, as of 2013 November, there are about 600 China Company in the queue waiting for the listing approval. Some companies before the global financial crisis has been a listing application, has been waiting for more than five years. The Commission has said, once listed procedures to ensure that the listing of companies subject to rigorous review, will restart IPO. According to this argument, a pause as if is only a technical problem. But most observers think, the real reason the government to freeze IPO approval of the regulatory concerns about the issue of new shares will flood the market already shake and crumble, caused the stock prices collapse.

Pauses in IPO examination after more than a year, the Commission has issued "on further advancing the reform of the system of new shares issued in November 30, 2013" (referred to as "opinion"), at the same time, clear will restart the IPO in 2014 January, listed companies have arrangements. Reboot with the IPO, the exchange on the "Shanghai stock exchange securities listed on the Audit Interim Provisions" was revised, and changed its name to "rules" implementation of securities listed on the audit of the Shanghai stock exchange, released in December 27th, and since the release date of implementation.

Listed companies, investors, brokerage, intermediary institutions for more than a year after the resumption of the IPO, finally in the years to usher in the dawn. The lawyer industry hopes to IPO revenue also finally to pay close attention to the IPO policy for more than a year after becoming a reality.

Eight, drunk driving criminal case judicial interpretations

In December 18, 2013, the Supreme People's court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued "on handling the issues concerning the application of law in drunk driving criminal case opinions" (hereinafter referred to as "the" opinion "").

"Opinions" to punish the rule from drunk driving motor vehicle crime as the main principle, the provisions of relevant content. "Opinions" a total of seven articles, including: "identification problem of driving motor vehicles" drunk on the road; the specific circumstances of drunken driving motor vehicles shall be given a heavier punishment for the crime; criminal cases, drunken driving motor vehicles for fine penalty on conviction and sentencing provisions; provisions of drunk driving criminal cases, to collect evidence compulsory measures and other relevant procedures.

Criminal defense lawyers in the handling of such cases, we should pay special attention to: 1, "opinions" unified drunk driving into the punishment standard; 2, blood tests should usually base that drunken state, breath alcohol test results as the exception; 3, compulsory measures for such cases of criminal suspects and defendants, should be based on detention, bail for normal, arrest and residential surveillance for the exception.

Nine, the abolition of the system of reeducation through labor

In December 28, 2013, the twelve session of the sixth meeting of the NPC Standing Committee meeting of the closing, the relevant provisions of the law on the abolition of reeducation through labor decision, which means that has been implemented for 50 years of reeducation through labor system was to abolish. Decision shall, before the abolition of detention shall make the detention decision effectively; after the abolishment of reeducation through labor, being the law enforcement personnel of reeducation through labor, released from reeducation through labor, the remaining term is no longer running.

The system of reeducation through labor is a violations do not constitute a crime to restriction of freedom of person, forced labor and education system. According to the provisions of reeducation through labor related laws and regulations, to make the detention decision is the administrative organ, the detention is not by the judicial trial is deprived of personal freedom. In some areas, some time by administrative organs excessive abuse, this is not only for the personal freedom of a citizen of infringement, but also challenge to the judicial authority. Whether the public, academic and legal practice, generally against the continued existence of the system of reeducation through labor. Recent work plan, Ren Jianyu Tang Huilao teaching cases by social public attention, but also deepen the social awareness of the reeducation through labor system.

Although the abolition of the system is to represent the general trend, but the academia and legal practice unremittingly efforts, can not be denied. Each agent detention case lawyers and support to abolish the re education through labor law to pay and adhere to, is the embodiment of social responsibility of lawyers. The push to abolish the re education through labor system's lawyer, deserve our respect.

Ten, company law amendment

In October 25, 2013, the State Council executive meeting held, the deployment of company registration system reform work. The main contents of research and deployment for this conference: A, cancel the registered capital of the company; two, cancel the enterprise annual inspection system, to the enterprise annual reporting system; three, in accordance with the convenience of registration and normative and orderly principles, relaxing the market main residence or place of business registration condition; four, the construction of enterprise credit system. Five, the registered capital of the company by the subscription registration system for subscription registration system, reduce the cost of the establishment of the company. Because the problem of registered capital requirements and company capital system are set by law, so that the State Council meeting, will promote the National People's Congress to amend the company law.

In December 28, 2013, the twelfth session of the National People's Congress Standing Committee of the sixth meeting of the decision, the current company law made 12 changes. The new "company law of the people's Republic" modified to apply since March 1, 2014. The State Council on the corporate system reform content registration, in the company law amendment almost are the embodiment of. The law can be regarded as the State Council reform measures.

Amendment to cancel the registered capital of the company, changed the company capital system, which touches the core issue of corporate law research and practice, is a major change in the company system of our country. A practicing lawyer especially commercial lawyer should be fully aware of the law, in the future to answer related consulting and provide legal advice to provide the correct views.