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04/252024

Dynamic | Director Li Yan is invited to hold a series of lectures on the revision of the new Company Law for enterprises

Interpreting the New Company LawSpecial Lecture SeriesHenan Xianwei Law FirmInterpreting Legal Knowledge to Assist Enterprises in Risk PreventionLectures on Legal KnowledgeThe Company Law of the People's Republic of China,issued in December 2023,has new provisions in regulating the organization and behavior of companies,protecting the legitimate rights and interests of companies,shareholders,employees,and creditors,and improving the modern enterprise system with Chinese characteristics.To better understand the core content of the new Company Law,help enterprises prevent legal risks,and assist in high-quality development of enterprises.Recently,Director Li Yan,a partner of Henan Xianwei Law Firm,was invited to Henan State owned Affordable Housing Construction Investment Co.,Ltd.and Luoyang Cultural Investment Management Co.,Ltd.to hold a special lecture on interpreting the key points of the new Company Law revision.Enhance legal awareness and protect one's own rights:On April 15th,Director Li Yan,a partner of Henan Xianwei Law Firm,was invited to Henan State owned Affordable Housing Construction Investment Co.,Ltd.to give a special lecture on interpreting the key points of the new Company Law revision.In this training,Director Li Yan took the revision process of the Company Law as the starting point,highlighting the"historical significance"of the revision.The training is mainly conducted from seven aspects:the legislative purpose,objectives and tasks of the new Company Law,company capital and shareholder contribution responsibilities,corporate governance structure,special provisions of state funded companies,and the broad responsibilities of directors,supervisors,and senior executives.The training is rich in cases,detailed in content,and full of practical experience.When teaching topics such as strengthening the leadership of party organizations,responsibilities of directors,supervisors,and senior executives,equity penetration,and deadline for actual capital contributions,the trainees occasionally engaged in lively discussions based on their actual work.Director Li also provided detailed answers to relevant questions.On April 23rd,Director Li Yan was invited to give a special lecture on the interpretation of the key points of the revision of the new Company Law at Luoyang Cultural Investment Management Co.,Ltd.Legal LecturesDirector Li Yan,based on the purpose,objectives,and tasks of the revision of the Company Law,deeply analyzed the impact of the new Company Law on corporate governance and operations from the aspects of improving the company's capital system,optimizing corporate governance structure,special regulations for state-owned companies,changes in company finance and other regulations,and proposed practical and feasible risk prevention suggestions,which were highly praised and praised by the attendees.The introduction of the new Company Law has attracted high attention and enthusiastic discussion from all sectors of society.Henan Xianwei Law Firm promptly conducted internal learning and discussions,and actively participated in lectures and forums organized by external legislative experts.Starting from the actual needs of customers and combining with the hot issues of concern to enterprises and executives,multiple legal education activities were carried out,aiming to help enterprise managers deepen their learning,accurately grasp and actively adapt to the new Company Law,further enhance their risk prevention awareness in the company's business process,and effectively promote the company's legal,compliant,and healthy development.

04/182024

Reading Club | Understanding the Essence of Equity through Equity Structure

IntroductionOn the afternoon of the 16th of this month,the 25th book sharing session was held at my institution.Lawyer Li Yasu from my institution shared with you the book"A Book to Understand Equity Structure"compiled by Li Liwei based on his long-term practical experience.This book summarizes the common application models of equity structure.Through the sharing of lawyer Li Yasu,we can quickly understand the essence of equity and learn the essence of equity structure design.The author of this book, Li Liwei, has extensive professional experience as a lawyer, certified public accountant, and registered tax accountant. She has been deeply involved in the field of equity for many years and has accumulated rich practical experience in areas such as equity structure, equity incentives, equity cooperation, and tax planning. This book aims to bridge the boundaries of legal, financial, tax, and management fields by explaining practical cases of equity in multiple well-known enterprises, providing a clear and intuitive understanding of equity structure design.Lawyer Li Yasu mainly shared with everyone the relevant content of the book on non separation of shares,introducing several forms of non separation of shares such as limited partnership enterprises,equity pyramid structures,concerted action persons,entrusted voting rights,preferred shares,and AB shares.At the same time,combined with the latest revised Company Law and case studies,he provided a detailed explanation for everyone.Through this book sharing session,the attending lawyers have gained a profound understanding of equity structure and non separation of shares and powers,and have opened up new ideas and inspirations for the design,taxation,legal and other issues that may arise in the work of lawyers regarding equity structure.

04/012024

Series of Special Topics on Tort Liability Disputes | Analysis of Legal Relationships in Medical Injury Liability Disputes

In recent years,doctor-patient disputes have emerged one after another,and the doctor-patient conflict has become increasingly acute.Due to the wide range and relative sensitivity of conflicts in doctor-patient dispute cases,it is difficult for patients to protect their rights and there are many obstacles.How should patients protect their legitimate rights and interests in the event of personal injury during the diagnosis and treatment process?Interpret the law by caseBasic case detailsZhao was admitted to Hospital A for treatment due to repeated chest tightness with palpitations and shortness of breath.The next day,he underwent femoral vein puncture for dialysis and experienced discomfort.The hospital immediately stopped dialysis and urgently requested an ICU consultation and transfer to another department for ultrafiltration treatment.Later,due to a pseudoaneurysm of the right femoral artery,the emergency department was transferred from Hospital A to Hospital B for vascular surgery treatment.Three surgeries were performed on it the following year.After discharge,Zhao was admitted to the hospital for treatment twice due to chronic renal insufficiency,uremia,elevated blood creatinine for one year,and hemodialysis.He passed away in May of the same year.His family believed that the two hospitals were at fault for Zhao's death,so they sued the court and requested that the Second Hospital bear the compensation responsibility.In the first instance,the plaintiff applied to the court for appraisal on whether the diagnosis and treatment behavior of Zhao by two hospitals was at fault,whether there was a causal relationship,and if there was a causal relationship,how much participation was made.The judicial appraisal conclusion is that the pseudoaneurysm of the right femoral artery is a iatrogenic injury caused by hospital A,with the main fault and direct causal relationship.There is no fault or causal relationship in the diagnosis and treatment process at Hospital B.The court held thatAfter the court's trial,it was found that Hospital A caused the rupture of the right superficial femoral artery and the formation of a pseudoaneurysm during the diagnosis and treatment process,which was not clearly recorded in the medical records,and was a fault of not fulfilling the obligation to inform.Three days later,the patient was transferred to another hospital for treatment due to abnormal vital signs,and there was a fault of delaying treatment.Therefore,Hospital A has a major fault in the diagnosis and treatment process of the patient,and there is a direct causal relationship with the damage caused.All losses incurred by Zhao during his early diagnosis and treatment at two hospitals shall be compensated by Hospital A.During Zhao's later diagnosis and treatment at Hospital A,there was an indirect causal relationship between the late treatment at Hospital A and the early iatrogenic injury and death consequences,but it was not the direct result of the patient's death caused by the iatrogenic injury.The participation rate of iatrogenic injury was 20-40%.Therefore,for the losses incurred by patient Zhao during his later diagnosis and treatment at Hospital A,Hospital A should bear 40%of the compensation liability.Based on this,the court subsequently ordered Hospital A to compensate the plaintiff for losses of over 90000 yuan.After the first instance judgment was made,both the plaintiff and defendant appealed against it.After the second instance trial,the appeal was rejected and the original judgment was upheld.Lawyer InterpretationThis case is a medical injury liability dispute.According to Article 1218 of the Civil Code,"If a patient suffers damage during diagnosis and treatment activities,and the medical institution or its medical staff is at fault,the medical institution shall bear the liability for compensation.";Article 1219 stipulates that"medical personnel shall explain their condition and medical measures to patients during diagnosis and treatment activities.If surgery,special examination,or special treatment are required,medical personnel shall promptly provide specific medical risks,alternative medical plans,etc.to patients and obtain their explicit consent.If it is impossible or inappropriate to explain to patients,medical personnel shall explain to their close relatives and obtain their explicit consent.If medical personnel fail to fulfill the obligations mentioned in the preceding paragraph and cause damage to patients,medical institutions shall bear compensation responsibility.Medical institutions have the obligation to explain,and patients have the right to informed consent.".The medical party shall not be held responsible for fulfilling the obligation of disclosure.It should be noted that although medical personnel have fulfilled the obligations stipulated in the first paragraph of this article and obtained the consent of patients or their close relatives,if they fail to fulfill the corresponding medical obligations in subsequent diagnosis and treatment activities,resulting in damage to patients,medical institutions shall still be liable for compensation.Medical institutions may use informed consent forms,notification forms,and other medical records signed and recognized by the patient as necessary evidence to prove that medical personnel have fulfilled their obligations.On the contrary,it is sufficient to determine that medical institutions have not fulfilled their obligations and caused damage to patients,and medical institutions should bear compensation liability.PostscriptAfter the implementation of the Civil Code of the People's Republic of China,medical accident appraisal is no longer a requirement for medical litigation.If a patient suffers damage,medical institutions should bear the responsibility for compensation as long as they are at fault.However,patients should actively cooperate with medical institutions to carry out diagnosis and treatment in accordance with diagnostic and treatment standards during the process of receiving medical treatment.In the event of a medical accident,medical institutions should be promptly requested to review and copy hospitalization records,medical orders,inspection reports,surgical and anesthesia records,pathological data,nursing records and other medical records.Reasonable appeals should be expressed through mediation,litigation and other means,and extreme measures should not be taken.Otherwise,if it interferes with medical order,hinders the work and life of medical personnel,and infringes on the legitimate rights and interests of medical personnel,legal responsibilities should be borne in accordance with the law.Of course,as a medical institution,it is necessary to manage medical personnel and require them to provide reasonable diagnosis and treatment for patients in accordance with laws,administrative regulations,rules,and other relevant diagnostic and treatment norms.Medical institutions and their medical staff should fulfill their duty of explanation during the diagnosis and treatment process,safeguard the patient's right to informed consent,and pay attention to the protection of patient privacy and personal information.Both doctors and patients should fulfill the above-mentioned obligations and exercise their respective rights reasonably,which can greatly avoid the occurrence of doctor-patient conflicts.Team IntroductionThe Xianwei Personal Injury Rights Protection Team is a young lawyer team with excellent professional quality and rich experience in handling cases.The team adheres to the service concept of"rigorous,efficient,professional,and responsible",forming a professional,standardized,and standardized case handling model.It is committed to handling various types of personal injury infringement liability disputes and providing customers with higher quality and efficient legal services.The team members have many years of work experience and rich practical experience.In recent years,they have dealt with more than 100 cases of personal injury infringement of various types,including disputes over liability for labor service providers,liability for voluntary assistance workers,liability for motor vehicle/non motor vehicle traffic accidents,and liability disputes for educational institutions.The team adheres to the principle of"maximizing the protection of the legitimate rights and interests of the parties involved",ensuring that every client's commission receives the most professional and accurate legal services.

03/272024

First for the Book Club | Reverse Thinking, Reverse Life

IntroductionOn the afternoon of March 26,2024,the 24th reading sharing activity was held for the book club.In this issue of book sharing,my partner,Lawyer Guan Guofang,brought you the book"Reverse Thinking",allowing you to experience the unique charm of reverse thinking.The book"Reverse Thinking"introduces the important thinking ability of reverse thinking through concise and interesting stories.Reverse thinking is to teach people to think from a different perspective when facing difficulties,and perhaps they will be able to embrace the dark side and the bright side.At every stage of life,we encounter various difficulties.If we can learn to stand on the other side of the problem,as introduced in the book,we may find that all obstacles are clues,and all traps are paths.Looking at the problem from a different perspective,the dilemma itself may be a way out.Learn to be adaptable,even if you don't understand.Learn to speak from the other person's perspective so that they can easily listen to you.Effort is important,but borrowing is even more important.Sometimes,knowing to take a step back is enough to take ten steps forward.Learning to reverse thinking can reverse life.When lawyer Guan Guofang shared with everyone,he not only introduced the small cases listed in the book,but also effectively resolved conflicts and disputes by flexibly using reverse thinking in combination with some of the difficulties he encountered in his work and life.Thinking controls a person's thoughts and actions,and also determines their vision,career,and achievements.Different thinking can lead to different ideas and attitudes,different ideas and attitudes can lead to different actions,and different actions can result in different outcomes.If there is a lack of good thinking in doing anything,it will lead to self closure,numerous obstacles,not only difficult to solve problems,but also make things more complex.Only with good thinking can we solve the difficulties in life and reap the fruits of our ideals.Reverse thinking is an important driving force for exploring the path of success.

01/312024

Reading Club | Using Speeches to Connect Others and Spread Ideas

IntroductionOn the afternoon of January 30, 2024, Xianwei Reading Club welcomed the first lecture of the 2024 New Year, which was also the sharing of the 23rd session of Xianwei Reading Club. In this book sharing activity, Director Li Yan of our institute brought you the "Secret of TED Speech", a tool book about "speech", to understand the secrets behind speeches.Jeremy Donovan,the author of"The Secret of TED Talks,"is the organizer of TEDx conferences and also a coach for TED and TEDx speakers.The book"The Secret of TED Speeches"aims to introduce readers to how to give influential speeches,so that your ideas can be better accepted by the audience.This book covers various aspects of speech,including preparation,communication skills,expression,body language,and building connections with the audience.Especially for lawyers,effective communication and conveying one's opinions to others is an important skill,and therefore,The Secret of TED Speaking is a very popular speech guide.The speech revolves around the key questions of why we need to say,what we need to say,and how to say it.At the same time,Director Li Yan also introduced to everyone the core rules of speech in the book,the techniques of how to move people's hearts in speech content,allowing everyone to appreciate the charm of speech and deeply understand the secrets contained in speech.Speech is an indispensable skill for lawyers when debating or making statements in court.Through Director Li Yan's sharing of the book"The Secrets of TED Speech",we aim to enhance our communication skills through speech,connect with others,spread our thoughts,and make public expression our core competitiveness.

10/122023

Book Club: Entering the British Museum

Xianwei Book Club 20th Session SharingA Brief History of the World at the British Museum IntroductionOn the afternoon of October 10, 2023, the book sharing activity for the 20th session of the book club was held as scheduled. In this event, Director Li Yan of our institution shared with everyone the "World Brief History of the British Museum" jointly created by the British Museum and the National Broadcasting Corporation (BBC), personally written by Neil McGregor, the director of the British Museum. Lead the lawyers into the British Museum together, and learn about the traces of human history through each cultural relic.Appreciation of ReadingThe book "A Brief History of the World at the British Museum" selects 100 representative items from the 8 million cultural relics in the British Museum's collection. Through these relics, it tells the history of human evolution and development, and examines the process of human development and the future direction of human civilization from the perspectives of evolution and civilization history. In this sharing, Director Li Yan introduced the mummies, statues of Ramesses II, Rosetta Stone Tablets in the Ancient Egyptian Museum, statues of Parthenon Temple displayed in the Greek Museum, double headed snakes from Mexico, sculptures of Indian Buddhism and Hinduism, Japanese Ukiyo-e paintings, as well as the masterpieces of women's history in China, bronze Guillas of Kanghou in the Western Zhou Dynasty, blue and white vase pairs in the Yuan Dynasty, murals in Dunhuang, colorful Arhat, and other treasures of each exhibition hall in detail based on what he saw and heard in the British Museum. To enable everyone to have a closer understanding of the human development history carried by cultural relics, while also triggering thoughts on the ownership and return of cultural relics.In this book sharing session, "A Brief History of the World at the British Museum" introduced exquisite cultural relics one by one, combined with the historical and cultural background of the time, and provided a comprehensive and multi angle explanation of the relics. It made everyone realize that the reason why humans are human is that their pursuit of a better life has never stopped. These are all telling us a "common human story".Exhibition of cultural relics Fresco paintings of Qingliang Temple  Copper chariots and horses from Shaanxi, China  Bronze Gui of Kanghou in the Western Zhou Dynasty  Statue of Ramses IIExhibition of cultural relics

07/282023

Book Club | Being Your Own Ferry Rider

Xianwei Book Club 18th Session SharingFerrymanIntroductionOn the afternoon of July 27, 2023, for the 18th lecture of the book club, Lawyer Wu Jie from our firm shared with you the novel "Ferryman" written by British author Claire McFoil.Reading sharingFerryman tells the story of a 15-year-old girl named Dylan who lives with her mother. However, with the arrival of adolescence, her relationship with her mother is not harmonious, and her best friend has also moved with her family. Feeling lonely, she persuades her mother to board the train and prepare to live with her long lost father for a period of time. However, the train accident occurs in the tunnel. After waking up, she thought she was a survivor, but in a wilderness, she was told by the soul ferryman accompanying her, Tristan, that she was the only one who could not escape the disaster. Her body had died, and her soul needed to reach the other shore to rest. Fate underwent an unpredictable transformation from the moment these two young boys and girls met. They have gone through countless hardships along the way, and as a result, they have developed feelings for each other. In the end, they overcome obstacles, overcome life and death, and return to the world with love, courage, and faith.This soul healing novel is closely related to the clever and astonishing storyline and the multiple themes of love, redemption, and home displayed in the novel, revealing the rich human nature behind the novel, guiding people to rethink life, and injecting an intangible power into the reader's soul. In fact, sometimes we are like Dylan in a book. In the process of growing up, we will always encounter many difficulties and obstacles. However, as long as we have a strong and resilient heart and bravely overcome our inner fears, we can definitely overcome the difficulties and usher in a new life.

07/282023

Book Club | Becoming a Helpful Person

  Xianwei Book Club 17th Session SharingRelaxationIntroductionOn the afternoon of June 20, 2023, the 17th lecture of the book club arrived as scheduled. In this book club, my intern lawyer Du Xinxin shared with everyone the book "Relaxation: Becoming a Helpful Person" written by Malaysian author Hu Jianbiao.  Reading sharingRelaxation is not just a book, but also a methodology. It helps us establish a set of actionable cognitive and management methods through in-depth exploration of thinking ability, problem-solving, intrinsic drive, energy management, time management, and other aspects, thereby having a more calm and confident attitude towards life.Du Xinxin shared with everyone at the book club that relaxation is a core ability to cope with uncertainty, and how to make relaxation a controllable state of life.As lawyers, our work requires a high level of professionalism and legal rigor, requiring constant vigilance and keen insight. However, in this fast-paced and high-pressure social environment, we often feel anxious, nervous, and stressed, making it difficult to maintain a relaxed and confident state. Through the actionable methods provided in this book, we can make relaxation a controllable state of life and become capable individuals with the confidence to face the world.The wider the difficulty, the thicker the person in difficulty, and the slower the urgent matter. If you want to get rid of inner fatigue and find the secret of happiness, then read this book "Relaxation" together.

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