(Adopted at the 1484th meeting of the Judicial Committee of the Supreme People’s Court on March 22, 2010)
(Adopted at the 28th Meeting of the Standing Committee of the Seventh National People’s Congress on November 7, 1992 and promulgated by Order No.64 of the President of the People’s Republic of China on November 7, 1992)Continue reading
Civil Code of People’s Republic of China was released on June 1st 2020, and took effect from Jan.1st 2021.
The Civil Code integrated and modified many of the past laws of civil nature, Continue reading
关于甲方与乙方之间表面处理车间地面修复施工(Repair the floor of the ST phaseⅡ-表面车间环氧砂浆表面涂刷)一事，因质量问题，XXX年1月15日双方签订了《终止合作协议》，对施工工程进行了最终结算，并终结了双方的权利义务。
现乙方违反原《终止合作协议》的约定，仍要求甲方给予补偿。 甲方鉴于营造和谐的社会关系考虑，同意在原协议基础上另行额外补偿乙方XXXXX元 (大写：XXXX)，该费用为含税价。在双方签字盖章并且乙方按照甲方要求开具增值税专用发票之后，甲方于¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬X年X月X日前支付。
Party B: Tianjin XX Mechanical Equipment Installation Engineering Co.ltd
Regarding the issue of Reparing the floor of the ST phase II , both parties had signed an Agreement of Termination on Cooperation because of the poor quality problem, in which both parties made a settlement of the construction and ended the rights and obligations of both parties. Nonetheless, Party B breached the contract and still kept asking for compensation.
In consideration of improving the harmony social relationship, Party A hereby agreed to give an additional compensation of XXX,including tax. Party A shall pay it before the date of ___ , in premise that this agreement is duly signed and the VAT invoice is made by Party B, as required by Party A.
Meanwhile, to make it definite, Parties agree as follows:
1. The compensation to be given by Party A to Party B, as agreed in this agreement, has a nature of gift.
2. With regards to the issue in this agreement or the relevant issue in the above-mentioned Agreement of Termination on Cooperation, Party B promises: Part B won’t raise any dissent to Party A, its associated company, and/or their employee, whether directly or indirectly. Or else, Party B shall refund all the payment under this Agreement to Party A.
3. All the historical PO, contract and any other relevant issue has been cleared, No pending issue exists between Party A and Party B. There will be no right owned by Party B to Party A, and furthermore Party B expressly gives up his right if there is any.
4. Party B is aware that it will cause Party B or its employee to have a loss of time and energy, moreover, possibly have a adverse effect on Party A’s normal operation, if Party B still keeps in touch or make a demand to Party A. Therefore, Party B shall unconditionally pay 1000RMB, as liquidated damage, for each time that he has a demand on anything relating to the issues as included in this Agreement, breaking the above provision 2 and 3, whatever such demand is via email, phone or etc.
NANJING — A consumer council in east China has filed a public-interest litigation against a food company for selling counterfeit Starbucks coffee products. Continue reading
Announcement of the Supreme People’s Court
The “Interpretation of the Supreme People’s Court concerning Some Issues on Application of the Arbitration Law of the People’s Republic of China”, which was adopted at the 1375th meeting of the Judicial Committee of the Supreme People’s Court on December 26, 2005, is hereby promulgated, and shall come into force on September 8, 2006. Continue reading
近日，最高法严格规范纳入失信名单和限制消费措施，明确了在执行过程中，不采取惩戒措施的几类情形：被执行人虽然存在有履行能力而拒不履行生效法律文书确定义务、无正当理由拒不履行和解协议的情形，但人民法院已经控制其足以清偿债务的财产或者申请执行人申请暂不采取惩戒措施的，不得对被执行人采取纳入失信名单或限制消费措施。单位是失信被执行人的，人民法院不得将其法定代表人、主要负责人、影响债务履行的直接责任人员、实际控制人等纳入失信名单。全日制在校生因“校园贷”纠纷成为被执行人的，一般不得对其采取纳入失信名单或限制消费措施。 Continue reading
Exit and Entry Administration Law of the People’s Republic of China
(Adopted at the 27th meeting of the Standing Committee of the Eleventh National People’s Congress on June 30, 2012)Continue reading
The State Council executive meeting chaired by Premier Li Keqiang decided on several measures on Monday to improve procedures to benefit people and businesses.