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[High-level rule of law dynamics]
[Supreme People's Procuratorate: Promote the high-quality development of foreign-related rule of law work with high-quality and efficient performance of duties]
On June 12, the Supreme People's Procuratorate held a seminar for foreign-related legal talents. Teng Jiguo, member of the Party Group of the Supreme People's Procuratorate and director of the Political Department, emphasized that the foreign-related legal talents of procuratorial organs in the new era should continue to expand their international vision, cultivate the feelings of the family and the country, cultivate the characteristics of the procuratorate, and resolutely safeguard national sovereignty and development interests in the form of the rule of law. It is necessary to strengthen scientific overall planning and systematic training, deepen cooperation with other relevant departments and colleges and universities, and continuously improve the pertinence, forward-looking, and effectiveness of the training of foreign-related rule of law talents. (Source: Procuratorate Daily-News Edition)
[State Advisor]
The content emphasized by Director Teng is precisely to cultivate legal talents who can adapt to the international environment and have a global vision. While expanding the international vision, it does not forget the country's roots, which reflects the emphasis on the feelings of the family and the country. This kind of sentiment is very important for foreign-related legal talents, which can not only enhance their sense of responsibility and mission, but also more firmly safeguard national interests when dealing with foreign-related legal affairs.
[The Ministry of Public Security launched 8 new measures for the reform of public security traffic management to facilitate the people and benefit enterprises]
The Ministry of Public Security held a press conference on June 13 to launch eight new measures for the reform of public security traffic management to facilitate the people and benefit enterprises. The content covers the application of electronic licenses, simplifying the procedures for applying for licenses and licenses, optimizing the management of urban traffic order, and innovating the "Internet + traffic management" service, so as to make it more convenient for the masses to do things and travel. (Source: CCTV News, The Paper)
[State Advisor]
In the context of today's informatization and digitalization era, the Ministry of Public Security has launched eight new measures, especially the innovation of electronic license applications and "Internet + traffic management" services, which have greatly facilitated the masses to travel, improved administrative efficiency, and reduced the operating costs of enterprises. These new measures not only solve the practical problems of the masses and enterprises in their daily lives, but also reflect the comprehensive reform and innovation of the public security and traffic management departments in many aspects.
【Domestic Hot Spots】
[Fujian: Building a "transfer station" for fraud, woman sentenced to nine months]
According to reports, in June 2023, Zhang Moumou still added the other party's friends even though he knew that the other party was engaged in telecom network fraud. In accordance with the requirements of the other party, they used their two mobile phones as "transit stations" and allowed the fraudsters to commit telecommunications network fraud against the victims. Zhang Moumou used the phone card under his name to make a total of 141 fraudulent calls, defrauding 30,000 yuan of funds, and making a profit of 1,003 yuan. Recently, the People's Court of Mingxi County, Fujian Province, held that his behavior had constituted the crime of fraud, and sentenced him to nine months in prison and a fine of 5,000 yuan. (Source: CNR, China Court Network)
[State Advisor]
Knowing that the other party was engaged in telecommunications network fraud activities, Zhang Moumou still chose to participate, and his conduct has constituted a joint crime of fraud. Many people may not be aware of the seriousness of being involved in telecom network fraud, or may think that as long as they do not directly commit fraud, there is no problem. Therefore, strengthening legal education and raising the public's awareness of telecommunication network fraud and prevention are important means to prevent such crimes.
[Shanghai: Attached to the certificate wanted to make money but was deceived, and the fraud gang was convicted of fraud]
A few days ago, the Shanghai Baoshan District Procuratorate successfully prosecuted a fraud case. According to reports, after Yang received a call that he could make money with a certificate, he paid more than 40,000 yuan according to the other party's requirements, and later found that he had been deceived and reported the case to the public security organs. In November 2022, the public security organs arrested a gang of 34 people headed by Wu. After investigation, from April 2021 to November 2022, more than 700 victims across the country were deceived, and the amount defrauded amounted to more than 900 yuan. After the trial, the court sentenced Wu and 34 others to fixed-term imprisonment ranging from 12 to six months for fraud, and fined 100,000 yuan to 10,000 yuan respectively. (Source: CCTV, Justice)
[State Advisor]
This case has a significant warning effect on the public. It reminds us that there is no such thing as a free lunch, and we should not always try to take advantage of it. In our daily lives, we need to be vigilant and vigilant so as not to leave opportunities for cunning fraudsters. At the same time, it also reminds those who attempt to obtain ill-gotten gains through illegal means that the red line of the law cannot be crossed, and once violated, they will be severely punished by the law.
【International Hot Spots】
[EU: Support Google and other companies to refuse the request of the Italian Communications Authority to disclose information]
A few days ago, the Court of Justice of the European Union issued a final ruling in favor of Google, Amazon and Airbnb's lawsuit to refuse the Italian Communications Authority's request to disclose company information. The Italian government requires online service providers operating in Italy to register and provide various details, including the company's financial status, as well as to pay a fee or face fines. The companies say this requirement violates EU law, arguing that online service providers only need to comply with the rules of the EU country where they are headquartered, not the country in which they operate. (Source: Shanghai Law Society)
[State Advisor]
The CJEU ruling shows that Member States need to take into account the uniformity of EU law and the convenience of cross-border services when formulating relevant regulations. For tech giants such as Google, Amazon and Airbnb, they have successfully defended their rights and avoided the potential burden of additional requirements from the Italian government. At the same time, it also provides legal support for other technology companies operating within the EU.
【Scholars' Views】
[Jiang Daxing (Peking University Law School): Forming an effective mechanism to control the behavior of the company's agents]
The main purpose of the Company Law is to regulate the establishment, operation and dissolution of companies, and its normative structure mainly adopts internal effective rules, which is significantly different from the Contract Law, which mainly focuses on how external contracts are formed and effective. The Company Law first established the "principle of legality" and the "principle of office" for agency acts. At the same time, a distinction is made between conventional transactions and specific transactions, the former can only be established by the personal acts of natural persons such as directors, managers or employees, while the latter can only be established if they need to obtain the approval or consent of the company's internal organs, i.e., the approval of private law. Therefore, a corporate transaction may be constituted by a unitary representation, or it may be constituted by a duality or pluralistic representation. The approval of an internal governance body, such as the shareholders' meeting or the board of directors, has the effect of not only forming the company's internal intentions, but also having the power to determine whether an external transaction is established and effective. The act of contract creates the company, and the company should not be completely free from the validity of the contract. Only in this way can an effective mechanism be formed to control the behavior of the company's agents. (Source: "On the Legal Logic of the Company's External Representation")
[State Advisor]
The "principle of legality" and "principle of duty" established by the Company Law provide clear norms for the company's agency behavior. This helps to protect the interests of the company and stakeholders by ensuring that the agent acts within the scope of the agency's authority and avoids unauthorized expansion or change of the agency's authority. At the same time, the Company Law distinguishes between conventional transactions and specific transactions, and regulates the conditions for the establishment of both. This distinction helps to clarify the legal requirements for different types of transactions, so that companies have a clearer understanding of the legal procedures and regulations that need to be followed when conducting transactions.
【Information Team】:
Information editor: Zhang Yinuo Ren Pengge
The State Counsellor said: Lawyer Wang Zeyu
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(This article is based on the video of Cao Baoyin, chief counsel of Beijing Guozi Law Firm, "Cao Shuo Fa Daily Legal Information Series])