Professional Interpretation
  • Viewpoint of Docvit | Interpretation of Rules of Identification and Judgment of Preservation Error2019-08-20
    As a system to protect the litigation interests of the creditor, property preservation is stipulated as a separate chapter in the Civil Procedure Law. However, that the property losses are caused to the preservation respondent due to improper preservation behavior is also extremely easy to cause the property preservation damage liability dispute in the process of litigation (or before litigation). So, how to identify the preservation error in judicial practice, the dispute resolution team of Beijing DOCVIT Law Firm will analyze combining with the specific cases for reference.
  • DOCVIT Interpretation | Analysis of Main Points of Derivative Actions for Private Equities of “Liquidation” Defense Line2019-08-14
    The year 2018 witnesses large scopes of “liquidation” of P2P. According to the industry discussion, the year 2019 will witness a high incidence of private equities disputes. It is frequently occurred that the fund manager is under loss of communication and escapes. When the fund manager gets slack to exercise the rights, relates the transaction, transfers benefits with the party to be invested, and conducts other behaviors damaging interests of the investor, the investor, as a limited partner, may take advantage of the derivative action to initiate legal proceedings against the party causing the infringement on behalf of the limited partner enterprise beyond the authority of the private equity manager, so as to protect interests of the limited partner enterprise and the investor. The financial and capital market team of Beijing DOCVIT Law Firm proposes to make study and discussion about key problems on the law existing in the practice of the derivative action made by the limited partner.
  • DOCVIT Interpretation | Singapore Mediation Convention in the Background of “Belt and Road”2019-08-09
    The international business team of Beijing DOCVIT Law Firm has briefly interpreted the influence and challenges after China joins the convention in terms of the main content of Singapore Mediation Convention, combined with China’s background of “Belt and Road”.
  • How Would the Share Donation Impacts the Preemptive Right2019-08-07
    Article 71 of the Company Law of the People’s Republic of China provides as follows:“Stock rights of the shareholders in a limited liability company may be transferred among the shareholders in whole or in part.Where any shareholder proposes transferring his/its stock rights to any person other than the shareholders, any such proposal shall be subject to the consent of a majority of the other shareholders. The relevant shareholder shall give the other shareholders a written notice of the details of the proposed transfer of stock rights and seek their consent. Any of the other shareholders who fails to respond within 30 days upon receipt of the written notice shall be deemed to have consented to the transfer. Where a majority of the other shareholders whose consent is sought disagree with the proposed transfer, the shareholders who disagree with the proposed transfer shall purchase the stock rights to be transferred. In the event that they refuse to purchase the stock rights in question, they shall be deemed to have consented to the transfer.Under the same conditions, the other shareholders shall have the right of first refusal for the purchase of the stock rights to be transferred upon their consent. Where two or more shareholders exercise such a right of first refusal, they shall determine their respective purchase percentages by negotiation, failing which they shall exercise the right of first refusal in proportion to their respective capital contributions at the time of transfer.Where there any provisions regarding the transfer of stock rights in the articles of association, such provisions shall prevail.”
  • Breakthroughs in PE's rules on the validity of VAM contract terms2019-07-15
    On April 3, 2019, Jiangsu Higher People's Court made a retrial judgment on Jiangsu Huagong Venture Capital Co., Ltd. and Yangzhou Forging Machine Co., Ltd., Pan Yunhu and other companies, over requesting the company to acquire shares (hereinafter referred to as “Hua Gong Case”). The VAM clause of the purchase obligation is valid. The Huagong case has made a breakthrough in the "Company's VAM clause is invalid" rule, which was established in the Haifu case. This case is an influential precedent for the judgment of the VAM clause in the dispute settlement of private equity funds and the terms of the relevant agreements in private equity investment.
  • How do American pay tax?2019-07-05
    The United States adopts a comprehensive income tax system, which combines the standard deduction and sub-deduction for pre-tax deduction. The comprehensive income tax system refers to a system that combines the income of various sources from a taxpayer within a certain period of time (usually one year), minus the statutory reduction and exemption items and the amount of credit, and the income tax is calculated based on the progressive tax rate. The standard deduction refers to the method of deducting a certain high standard prescribed by law when the taxpayer's deduction items are below a certain amount.
  • Legal application of foreign-related property2019-06-20
    The globalization of today's society is accelerating, and science and technology are developing rapidly. The distance between peoples of all countries continues to be brought closer, and international social interactions are increasingly close. Exotic relationship and exotic marriages are not uncommon. According to the latest statistics released by the Ministry of Civil Affairs of the People's Republic of China, the 2017 Statistical Report on Social Service Development, in 2017, a total of 41,000 pairs of foreign-related and overseas Chinese, Hong Kong, Macao and Taiwan residents were registered for marriage. At the same time, with the improvement of education level, people's awareness and ability to accumulate wealth is constantly improving, and cross-border tourism, home ownership, housing and immigration have become more and more. According to the relevant provisions of the Judicial Interpretation of the Law on the Application of Foreign-related Civil Relations Law of the People's Republic of China (the “the Law of the Application of Law”), one or both spouses are foreign citizens or their permanent residence is outside China, and the spouse’s property is outside China, or When the husband and wife sign a property agreement abroad, they may involve foreign-related property relations.
  • Thoughts on Resolution of China-US Trade Friction-From Legal Perspective2019-05-27
    The differences in resources between China and the United States have laid a solid foundation for economic and trade cooperation between the two countries. As we all know, China has a large population, rich labor resources with low labor costs, while the United States is with larger land and fewer people, developed cultivated land resource and its land costs are relatively low. Besides, in China, the per capita education level and scientific and technological development level lag behind those of the United States. Since ancient times, the most developed industries in China have been traditional labor-intensive industries, while the United States has developed capital-intensive industries into one of the most important industrial types within their territory. According to the below Table 1 sourced from the China Customs and the Commercial Data Center of the Ministry of Commerce of the P.R.C., China's exports to the United States are mainly electronics and labor-intensive light industrial products, a lot of which are from U.S. manufacturers that send raw materials to China for low-cost assembly. The biggest categories of China’s imports from U. S. are mainly large-scale means of transportation, high-tech products, as well as agricultural products. As the resources between the two countries are highly complementary with each other, it is reasonable and feasible for the two countries to establish a long-term good economic and trade relations. Since China joined the WTO, the volume of trade between China and the United States has increased rapidly, and the two countries have gradually become the most important trading partners of each other.
  • Talk? The Door is Open; Fight? We Fight to the End!2019-05-22
    China has a large population, rich labor resources with low labor costs, while the United States is with larger land and fewer people, developed cultivated land resource and its land costs are relatively low. In China, the per capita education level and scientific and technological development level lag behind those of the United States. Therefore, since ancient times, the most developed industries in China have been traditional labor-intensive industries, while the United States has developed capital-intensive industries into one of the most important industrial types within their territory. Nowadays, China's exports to the United States are mainly electronics and labor-intensive light industrial products, a lot of which are from U.S. manufacturers that send raw materials to China for low-cost assembly. The biggest categories of China’s imports from U. S. are mainly large-scale means of transportation, high-tech products, as well as agricultural products. As the resources between the two countries are highly complementary with each other, it is reasonable and feasible for the two countries to establish and maintain a sound long-term economic and trade relations. Given the current worldwide positions held by China and the United States, it is with no doubt that the relations between the two are the largest bilateral relations in the world, and of course its status and changes will not only affect the domestic economy of the two countries, but also will have an important influence on the whole world economy. However, along with the rapid development of the trade and investment between the two countries, China's trade surplus with the United States continues to expand, and more serious trade imbalances between the two have led to more and more disputes in their economic and trade relations.
  • Comprehensive Analysis of the Responsibility of Personal Injury in Sports Events2019-05-13
    Since 2014, the State Sport General Administration canceled the approval procedure of some sports events which sponsored by the National Athletic Event Association, such as some of important competitive sports events, commercial and public sports events, and public welfare events. The number of sports events in China has been increasing and the types are more diverse. However, due to the inherent risks and commercial operation of sports, the problem of personal injury in sports events has also become prominent. The current legislation does not make clear provisions on personal injury in sports events. Therefore, the Sports Business Team of Beijing Docvit Law Firm will launch a discussion on the personal injury of sports events from the aspects of the classification, principal, responsibility, and compensation.

May be interested

Professional Team
Industry Research
More
  • Legal Health Index Report on National Private Equity Industry
    The purpose of this report is to provide insights into legislation, regulation, and justice in the form of private equity industry indices. As the first legal cross-border alliance which takes the law as the core element, research institute as the support, the Internet as the platform, and the internationalization as the vision, Green Legal Global Alliance (GLGA) has been concerned about the ways in which legislation, regulation and justice will affect the private placement industry. Up to now, the volume of private equity funds has grown to the same level as public funds, and its development speed is so rapid.
  • 2018 Blue Book of China's Non-Performing Assets
    Based on an in-depth study and research on the overall non-performing asset industry, Green Legal Global Alliance Research Institute and Beijing Docvit Law Firm jointly complied 2018 Blue Book of China's Non-Performing Assets with certain academic and public welfare, hoping to bring guidance to the industry and reflect the innovation of the non-performing asset industry itself.
  • Legal Health Index Report on National Insurance Industry (2015 - 2017)
    Legal Health Index Report on National Insurance Industry (2015 - 2017) is compiled by Green Legal Global Alliance (GLGA), with the Beijing Docvit Law Firm as the professional support unit. Under the guidance of an external team of experts, it is one of the series of research topics in the legal health index report of capital market industry. In 2017, Green Legal Global Alliance (GLGA) successfully released its first research achievement of the series of research projects in the legal health index report on capital market industry, that is the Legal Health Index Report on Private Equity Industry. Report on Insurance Industry Legal Health Index is the second research result of this research topic.
Fellow Program
More
  • 【Fellow Program I】
    With the launch of the "Fellow Program", Docvit hopes to unite with the like-minded lawyers of the country to build a career platform and realize their career dreams together. "Fellow Program I" aims to recruit partners, business partners and executive directors for the Docvit Branch in China.
  • 【Fellow Program II】
    "Fellow Program II" aims to recruit partners and lawyers for Docvit Headquarters and Beijing Office across the country and around the world to become what the industry, Docvit itself, market and clients want.
  • 【Fellow Program III】
    "Fellow Program III" aims to recruit partners for national branches of Docvit nationwide and globally. Docvit's national and global development blueprints require more partners to draw together, and let us work together to create a respectable law firm.
Brand Activity
More