January. 2005

 

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On January 5, 2005, the President of Steele was appointed to be the Ambassador of China Area for WAD.

The Proposal for the establishment of the roads in Beijing submitted by the President of Steele was approved by Beijing Chaoyang Committee of Chinese People’s Political Consultation Conference and awarded the “The Excellent Proposal of 2004” .

At the end of December 2004, the President of Steele was invited by MicroPort Medical (Shanghai) Corp. Ltd. to give lesson in the subject of “Protection of Business Secrets and Control of Human Resource Management Risks” for its employees.

On December 27, 2004, the President of Steele was invited by the Law School of Peking University to attend its New Year Celebration Party held in China World Hotel, on which the Law School expressed its appreciation to the companies that gave supports to it in the past year.

People’s Bank of China announced that the National Individuals’ Credit Basic Database would start the test run in the middle of December 2004, which was set up by the commercial banks under the instruction of People’s Bank of China. Among the seven experimental cities, Shenzhen was the first one to use such a system since December 15, 2004 and nine sorts of information can be checked in sixteen banks in Shenzhen, including the basic information about an individual, the individual’s loans, credit card records and so on.

“The National Legal Services Hot Line” – 16838315 has opened especially for solving the legal problems by the support of legal experts all over the country, who have the ability to answer all kinds of legal questions.

As the first insurance organization invested by the Mainland and the Taiwan companies, Guotai Life Insurance Co., Ltd. got the approval of China Insurance Regulatory Commission recently and was expected to open by February 9, 2005.

Both HSBC and Standard Chartered's Beijing branches received the approval to offer renminbi (RMB) banking services on December 23, 2004. On the same day, Shanghai Banking Regulatory Bureau announced that the foreign banks would be allowed to take the insurance agent business since January 1, 2005.

<The Anti-Secession Law (Draft)>, <The Notarization Law (Draft)>, <The Civil Service Law (Draft>) and <The Reproducible Energy Sources Law (Draft>) were submitted for the first time to the 13th meeting of the NPC Standing Committee.

The information about Zhongyin Insurance Co., Ltd. has been proved by a director of the related department of Bank of China that the company would be set up by Zhongyin Group Insurance Co., Ltd., which invested by Bank of China and it would start operation at the beginning of 2005.

The Fruads and Countermeasures of Lease Contracts

 

A Lease Contract refers to the agreement, by which the lessor is stipulated to provide the leasehold for the lessee for use and profits while the lessee should pay the rent to the lessor.

Frequent Frauds in the implementation of a Lease Contract

1) The lessor does not provide the leasehold in accordance with the contract, in practice always postpones the delivery;

2) The lessor does not take the responsibility of maintenance on the premise that the malfunction of the leasehold is not made by the lessee’s fault;

3) The lessee does not pay the rent, in practice always postpones the payment;

4) The lessee changes the status of the leasehold without the permission of the lessor;

5) The lessee subleases the leasehold to others without the permission of the lessor;

6) The lessee does not give back the leasehold to the lessor on time.

Countermeasures to Frauds in the implementation of a Lease Contract

1) If the lessor does not provide the leasehold in accordance to the contract and accordingly the lessee cannot fulfill his/her aim, the lessee has the right ask the lessor to rescind the contract, pay the penal sum or the loss;

2) Regarding the hi-tech leasehold, the lessor should provide the lessee with the related instruction, installation drawing, operation regulation and so on, which should be stipulated clearly in the contract;

3) If the leasehold is involved in any debt and cannot be used by the lessee because of the claim of the third party, the lessee has the right to request for reducing or remitting the rent;

4) If the Lessee refuses to pay or postpones the rent without any warrant, the lessor has the right to ask the lessee pay the fee within a rational term; if the lessee still refuses the payment, the lessor can rescind the contract;

5) If the lessee changes the status of the leasehold without the permission of the lessor, the lessor has the right to ask for repristination or compensation; but if such change is made under the permission of the lessor and increases the value of the leasehold, the lessee can ask the lessor pay for some expenses when he/she returns leasehold;

6) If the lessee subleases the leasehold to others without the permission of the lessor, the lessor has the right to rescind the contract.

 

Elements of Medical Malpractice

 

According to Article 3 of <The Statute of Treatment of the Medical Malpractice>, which prescribes the concept of Medical Malpractice, the following are its elements:

 The subject of Medical Malpractice should be the medical organization or its medical staff;

 The behavior of the subject should be illegal;

 There happens the personal hurt of the patient;

 The personal hurt of the patient should be the consequence of the illegal behavior of the medical staff.

 

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