On the morning of October 20, King&Capital Civil and Commercial Forum with the theme of “new law” Shanghai “navigation, and then endowed with a new chapter” was held in Shanghai Hongan Swiss Hotel. The forum was organized by Beijing King&Capital Law Firm, co-organized by Shanghai Alumni Association of Jilin University and Shanghai Branch of King&Capital Law Firm, and supported by Jing'an Lawyer Committee of Shanghai Bar Association. Focusing on the opportunities and challenges of economic development under the new situation, the meeting aimed to base on the professional perspective of the civil and commercial law field under the background of the introduction of the new Company Law, and make suggestions for the high-quality development of the economy proposed by the Twentieth National Congress, and at the same time, also put forward the effective suggestions for the development of the industry on the issues of enterprise legal risks, financial regulation, and intellectual property rights protection, and so on.
The scene of the forum
Zheng Chengliang, President of Jilin University Shanghai Alumni Association and Professor of Shanghai Jiaotong University, Li Jianwei, Director and Professor of Commercial Law Institute, School of Civil and Commercial Economics Law, China University of Political Science and Law, Zhang Lihong, Professor of Civil and Commercial Law, East China University of Political Science and Law, Huang Ningning, Vice President of Shanghai Lawyers Association, Shao Kaijun, Deputy Director of Jing'an Lawyers Working Committee of Shanghai Lawyers Association, Xu Zhenbiao, Vice President of Shanghai Copyright Association, and Honorary Director of King&Capital Law Firm, Tian Wenchang, Honorary Director of the Advanced Institute of Criminal Defense of Northwestern University of Political Science and Law, Chu Changzhi, Managing Partner of King&Capital, Wang Zhong, Hua Yang, Hou Zhichun, Qin Yong, Zhang Rui, Li Xiumei, Directors of King&Capital, as well as 12 representatives of well-known lawyers, including Xiao Shuwei, Zhao Qilong, Qin Qingfang, and Zhang Libing, attended the forum.
Speech by Chu Changzhi, Managing Partner and CEO of King&Capital Law Offices
The opening was presided over by Chu Changzhi, Managing Partner and CEO of King&Capital Law Firm, who, on behalf of the organizers of the forum, welcomed the scholars and experts attending the forum. Chu Changzhi said, King&Capital Law Firm comprehensive development, civil and commercial business is an important part of the site in Shanghai to hold the Civil and Commercial Forum, mainly in view of Shanghai as an international financial metropolis of the unique economic position, as China's international economic center, international financial center, international trade center, international shipping center, international science and technology innovation center, Shanghai plays a leading role in the development of the economy, and deepen the reform of the front-runner. Shanghai plays a leading role in economic development and deepening reform. He said that for a long time, King&Capital Law Firm has been firmly supporting the construction and development of the Yangtze River Delta in its business, growing and progressing together with the neighboring enterprises, and at the same time, taking the Yangtze River Delta as the base and radiating the whole country, providing high-quality legal services for a large number of centralized state-owned enterprises and private enterprises in China.
Speech by Zheng Chengliang, President of Jilin University Shanghai Alumni Association and Professor of Shanghai Jiaotong University
“After the passage of the new Company Law, it should be said that it is a highlight and a big step forward for the construction of the rule of law. Many people are excited about it, as can be seen from the theme of this forum, which is full of optimistic positive energy.” Jilin University Shanghai Alumni Association, Shanghai Jiao Tong University Professor Zheng Chengliang said in his speech, we are optimistic about the construction of the rule of law in China, but at the same time in the optimism, there must also be a calm reflection, to avoid underestimation of the difficulties faced by the rule of law in China, “the rule of law relates to every aspect of society, it is not possible to do it all at once, the realization of the rule of law country is mainly not in your The realization of the rule of law does not lie primarily in your courage, but in the tenacity to persevere. Without such tenacity, the rule of law will always be beyond the horizon.”
Speech by Mr. Huang Ningning, Vice President of Shanghai Bar Association
In his speech, Mr. Huang Ningning, Vice President of the Shanghai Bar Association, mentioned that the theme of the conference is “Shanghai Flight”, which focuses on the Company Law and discusses related legal and economic issues from different perspectives. He said, “Welcome to hold such a forum in Shanghai and Jing'an to discuss the ‘Opportunities and Challenges of Economic Development under the New Circumstances’ in the economic center city and region, and I believe that through high-quality seminars, we will be able to seize the opportunities and create a new situation.”
Speech by Prof. Li Jianwei, Director and Professor, Institute of Commercial Law, School of Civil and Commercial Economics Law, China University of Political Science and Law
After the promulgation of the new company law, some people jokingly said that “it is now the spring of small and medium-sized shareholders, the summer of company creditors, the fall of directors and supervisors, and the winter of dual controllers.” The keynote speech of the forum was delivered by Prof. Li Jianwei, Director of the Institute of Commercial Law, School of Civil and Commercial Economics Law, China University of Political Science and Law. In his speech titled “Company Capital and Corporate Governance: Institutional Innovation and Business Expansion”, Li Jianwei discussed the background of the new Company Law, focusing on the disputes between company capital and shareholders' capital contribution, and the enhancement of the system of directors and supervisors' fiduciary obligations, mentioning some of his own concerns. He said that the “Company Law” to solve the problem of the contribution system has a series of supporting rules, if there are shareholders long-term capital contribution is not in place, the original no way, this time it is different, the board of directors not only has the obligation to verify the obligation, there is also the obligation to call for the payment of the board of directors is also the embodiment of the centrism of the board of directors, but “China's board of directors can assume the center of the operation? In fact, we are very worried. Because we do have a board of directors, we do have a round table, but the spirit of that round table - equal voting, democratic consultation - has not been learned at all.”
On the day of the forum, Xiao Shuwei, Zhao Qilong, Wang Fei, Zhang Libin, Qin Qingfang, Liu Jingxia, Liu Lijie, Yu Yamin, Changsha, Jin Yi, Jia Baojun and other lawyers successively took the stage to speak, focusing on the topic of financial regulation and the new Company Law, the protection of intellectual property rights and film and television investment, and commercial investment, anti-monopoly, labor disputes, criminal and civil cross-cutting topics such as the content of the discussion. Zhang Lihong, Professor of Civil and Commercial Law of East China University of Political Science and Law, Xu Zhengbiao, Vice President of Shanghai Copyright Association, Shao Kaijun, Deputy Director of Jing'an Law Committee of Shanghai Law Association, and Wu Jianhui, Senior Partner of King&Capital Law Firm, went on stage to share their speeches with the audience.
King&Capital Law Firm Honorary Director, Northwest University of Political Science and Law Advanced Research Institute of Criminal Defense Honorary Dean Tian Wenchang speech
“The conceptual lag has many manifestations in both legislation and justice, and this conceptual lag leads to deviations in our understanding of theoretical issues, so that we cannot act faithfully and strictly in accordance with the principles of law in the course of our justice.” King&Capital Law Firm Honorary Director, Northwest University of Political Science and Law Advanced Institute of Criminal Defense Honorary Dean Tian Wenchang in the forum's summary of the agenda under the title of “Civil and Commercial Litigation Matters Torture Litigation Concept”. He not only emphasized that the burden of proof cannot be reversed, but also further mentioned that the positioning of the legal concepts and the updating of consciousness should not be delayed. He said that social development does not wait for people, especially legal people, lawyers can not wait, need to change themselves, improve themselves, “the concept of updating the transformation, is a prerequisite for us to eat through the law, to enhance our ability to practice, and this problem is very urgent, need to be resolved as soon as possible.”
It is reported that in recent years, Beijing King&Capital Law Firm in civil and commercial litigation and non-litigation business development by leaps and bounds, including corporate practice, securities and capital markets, investment, financing and mergers and acquisitions, energy and environmental protection, intellectual property rights, labor law, competition and anti-monopoly, real estate and construction engineering, and many other areas and segments of the track to get the depth of development, the services include China Petroleum, China Tobacco, China Life, China Post, China Petroleum, China Tobacco, China Life, China Post, Industrial and Commercial Bank of China, Construction Bank of China, Agricultural Bank of China and other centralized state-owned enterprises and well-known listed companies. Meanwhile, the firm has been ranked in Chambers, ALB, Legal 500 and other international legal awards and rankings.
