December. 2006

 

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On November 9, the President of Steele, Hai Yang was invited to attend 2006 Chinese Enterprise Legal Counsels Summit – International Forum of Enterprise Legal Risk Prevention and Control. Mr. Hai Yang gave a speech with the topic of the Application of Business Investigation in the Business Risk Control and went into a deep discussion on the enterprise risk management together with the present attendants and guests.

On November 16, Mr. Hai Yang was invited to 2006 Training for Core Claim Adjusters of Personal Life Insurance sponsored by Taikang Life Insurance Co., Ltd. Mr. Hai Yang gave an excellent speech for the claim adjusters and went into a deep discussion on the skills and methods of insurance claims verification.

On November 10, Mr. Hai Yang received Mr. Marc Imperiali, the CEO of Skyline International Network and they both introduced their company backgrounds, business and clients to each other. Mr. Imperiali expected to expand the market in China and establish a long-term stable cooperation with us to provide more comprehensive services for the clients.

CRO (Chief Risk Officer) will be appointed in the insurance industry. As the insurance investment channel is being expanded, the insurance fund risk is becoming the Sword of Damocles above the insurance industry.

The National Credit Inquiry System was formally put into operation in November 2006. It stood for the foundation of the first national comprehensive inquiry platform which initiated the public inquiry for information on individuals, organizations and certificates in China .

Since January 1, 2007, the jurisdiction of the approval of the death sentence case will be uniformly returned to the supreme people’s court and it is the greatest reform on the death sentence in China in recent 23 years.

Recently State Intellectual Property Office of the People’s Republic of China published Measures on Patent Fees Reduction and it was implemented since November 2006.

Legal knowledge

Which Party Takes on the Responsibility of Providing the Proof in the Labor Contract Relief Dispute?
 

According to the regulation of the judicial interpretation of the supreme people’s court, the employer should take on the responsibility of providing proof in the labor dispute resulted from the employer’s decisions of demission, remove, labor contract relief, pay-cut and the working-age counting of the employee.

Thus, the employer must provide the proof in the labor dispute due to the labor contract relief of the employer in the labor dispute. The employer shall bear the corresponding legal consequences if it fails to provide the proof.

 

The Exertion and Legal Conditions of the Creditor’s right of Rescission

 

According to Contact Law in China, if the damages to the creditor is caused by that the debtor abandons his/her expired creditor’s rights or transfers his/her property for free, the creditor may request the court to repeal the action of the debtor. Moreover, the creditor may also have the same request as the debtor transfers the property at an obvious unreasonable cheap price and brings damages to the creditor. The exertion scope of the rescission right is limited to the creditor’s rights and the necessary fees for the rescission are borne by the debtor.

Thus, in China the exertion of the creditor’s right of rescission must meet following legal conditions:

The legal and valid creditor debtor relation exists between the creditor and debtor;

The debtor conducts certain actions for disposing properties including the positive actions (e.g. transferring creditor’s rights for free or at an obvious low price) and negative actions (e.g. abandoning creditor’s rights);

The actions conducted by the debtor must bring damages to the creditor’s rights;

The exertion scope of the right of rescission is limited to the creditor’s rights;

The right of rescission shall be exerted within the terms regulated by laws.

The Signification of the Liability of Medical Accident Appraisal Conclusion

 

The liability extent of the medical accident appraisal conclusion on the medical error in the medical accidents comprise of full liability, primary liability, secondary liability and minor liability.

Full liability is the damage of the medical accident completely caused by the medical error; primary liability is that mainly caused by medical errors and other factors play a secondary role; secondary liability is that mainly caused by other factors while the medical error plays a secondary role; and minor liability is that mostly caused by other factors while the medical error has little influence. 

The origin of 12 months’ appellation in English -------- December

 

The Roman emperor Lucius Verus wanted to name the last month of a year after his lover Amagonius, but the Roman Senate did not agree. Then the 12th month took its name from “Decem,” the Latin word for “ten”. The English word “December” then came after the Latin word “Decem”.

 

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