Introduction to Economic Law focuses on review
materials
The first one
1. Economic law is a general term for the legal norms that regulate the economic relations
that occur in the process of the state's intervention in the social economy
Meaning of 3 aspects
1. Economic law is a general term for legal norms with specific adjustment objects, which
belongs to the category of law. Economic Law and Other Ministries
There is a universal connection between the doorways
2 The economic relations regulated by economic law occur in the course of the operation
of the country's economy, and the legal norms regulating such economic relations are
formulated or approved by a country, so economic law belongs to the category of domestic
law, not international law, and it is different from international economic law
3 The economic relations regulated by economic law occur not only in the course of
economic operation, but also in the process of such operation
Now that the state intervenes, there is an essential difference between economic law and
administrative law, civil and commercial law and other departmental laws
Three. What are the basic principles of economic law?
1 Principle of optimal allocation of resources The most general principle
2 The principle of State intervention The principle of essential characteristics
3 Principles of economic democracy Decision-making mechanism, dynamic mechanism and
precondition of interest mechanism, state
In economic intervention, the first goal of the city and county is the first and foremost
4 The principle of economic fairness Highest Value Goal Basic Pursuit and Basic Goal
5. The principle of economic efficiency
Sources of economic law
1 Constitution
2 Laws
3. Economic regulations of the State Council in accordance with the Constitution and other
laws
4 Local regulations
5 Judicial Interpretations
6 International Treaties
The system of economic law
1 Law on the organization of the economy
2 Market regulation law
3 Market Shorting Method
4 Social Distribution Law
Definition of economic legal relations
Legal relations are societies with the content of rights and obligations between subjects of
economic law confirmed by legal norms
relationship
Characteristics of economic and legal relations
1 An economic-legal relationship is a relationship that reflects the will of the state to
intervene in national economic activities
2. Economic-legal relations are complex in terms of subject qualifications, extensive in
scope, and subordinate in organization
3 Economic powers and economic rights cannot be abandoned, and economic duties and
This is because economic rights and economic obligations are relative
4. The act of economic shorting is the most important and common object of economic
legal relations
Definition of the subject of economic-legal relations
The subject of economic and legal relations refers to the parties who participate in economic
and legal relations, enjoy economic authority and bear economic obligations
people, this is a prerequisite for the formation of economic legal relations
Conditions for obtaining the subject of economic law
1 Statutory Acquisition 2 Authorized Acquisition
Citizens' civil and economic rights and legal capacity
Citizens' civil rights refer to citizens' rights to enjoy civil legal relations and bear civil legal
relations in accordance with law
Eligibility for Obligations. From birth to death
A citizen's capacity for civil conduct refers to the lawful exercise of civil rights and the
assumption of civil obligations by a citizen's own conduct
Eligibility
A legal person refers to an organization and enterprise that has the capacity for civil and
economic rights, the capacity for conduct, and the legal person of an organization or
enterprise that enjoys civil and economic rights and bears civil and economic obligations in
accordance with the law
Conditions for legal entities
1 Established in accordance with the law 2 Have independent property or funds 3 Have its own
name, organization and place 4 Be able to independently bear civil liability
The difference between the civil liability of a legal person and a citizen
1 The creation of a capacity for rights is not the same as its extinction
2 The scope of the capacity for rights is different
3 The limits of the capacity for rights are different
Economic Authority
Economic authority refers to a kind of possession enjoyed by state organs when they
exercise the functions of leading and organizing economic construction in accordance with
the law
Command and obedience rights. Specific performance
1 Economic legislative power 2 Economic decision-making power 3 Economic command power 4
Economic prohibition power 5 Economic licensing power 6 Economic approval power 7 Economic
revocation power 8 Economic exemption power 9 Economic examination power 10 Economic
confirmation power 11 Economic coordination power 12 Economic supervision power
2 Economic rights
It is the capital that the subject of economic law can or must do or demand others to do or
not do certain acts according to the law
Case.
Subjects enjoy economic rights
1 State-owned asset management rights 2 Management rights 3 Contracted management
rights 4 Economic claims
Financial obligations
It refers to the agreement that an economic agent must act or not act in accordance with
the law in order to meet the requirements of the subject of power
bundle
Obligations assumed by subjects of economic law
1. Comply with national laws and policies
2. Proper exercise of economic rights
3 Obligation to obey lawful intervention
The object of economic and legal relations
It is the object to which the economic authority and economic obligation of the subject of
economic law are directed, including objects and intellectual achievements
For.
Whether economic legal facts are related to the will of economic agents can be divided
into two categories: acts and events
1 Economic behavior,
(1) Economic legal acts
(2) Economic violations
2 Events】
Methods of protection by economic law
1 Administrative law enforcement
2. Arbitration
3 Trial
Form of Liability
1 Administrative Responsibility
2 Financial responsibility
3 Criminal Liability
Chapter 2]
Individual businesses
It is an enterprise in which a single investor attends the meeting in the country and
independently bears unlimited liquidation liability
Most of them belong to small and medium-sized enterprises and most of them have
restrictions on the scope of practice, so they have little impact on the national economy
Foreign-funded enterprises
It is also known as a wholly foreign-owned enterprise, that is, a wholly foreign-owned
enterprise established in the host country.
partnership
A partnership refers to an enterprise formed by two or more partners who jointly contribute
capital, operate together, share profits and losses, and share risks in accordance with the
agreement
Characteristics of a partnership
1 A partnership is a type of enterprise based on an agreement
2 Partners are "a combination of people", and the death, bankruptcy, and withdrawal of
partners all affect the survival of the partnership
3 Partnership is a relationship of joint investment and joint operation
4 Partnership is a relationship in which benefits are shared and risks are shared
5 Partnerships are generally not characteristic of legal persons, multinational corporations
1. Transnational nature of production and business activities
2 The global nature of the strategy and the centralization of management
3 Interconnectedness within the company
structure
1 Composition of multinational corporations
The concept of a company
A company is a legal person organization established in accordance with the law for the
purpose of profit.
Characteristics of the company
1 The company has separate property
2. The company enjoys rights, assumes obligations, sues and responds to lawsuits in its
own name
3. The company has the right to daily operation and management
4 The existence of a company is generally not affected by changes in shareholders, and
the type of company is not affected
1 Unlimited Liability Company
Refers to a company in which shareholders have unlimited liability for the company's debts
2 Limited Liability Company】
It refers to a company with a small number of shareholders, no shares are issued, shares
cannot be transferred at will, and shareholders bear limited liability for the company's debts
with their capital contributions
3 Co-operative Partnerships
It is a form of company unique to civil law Chinese law countries, which refers to the
assumption by shareholders who bear unlimited liability
A company formed by shareholders with limited liability
4 Joint-stock limited liability company
It refers to the company's capital divided into equal shares and raised capital through the
issuance of shares. Shareholders have limited liability for the company's debts with the
shares they subscribed for
Characteristics of a limited liability company
1 The shareholders of a limited liability company have limited liability
2 The capital of a limited liability company is not divided into equal shares. A certificate of
right certifying that a shareholder is derived from a share is called a capital contribution
Certificates, not stocks
3 There is a limit on the maximum number of shareholders of a limited liability company,
which is 50 in China
4 The procedure for setting up a limited liability company is relatively simple
Conditions for the establishment of the company
1 Shareholders meet a quorum
2. Shareholders' capital contribution is up to the minimum authorized capital
3. The shareholders jointly formulate the articles of association
4. Have a company name and establish an organizational structure that meets the
requirements of a limited liability company
5 Have a company domicile
Characteristics of a company limited by shares
1. The company's capital is divided into equal shares, and the shares are in the form of
shares
2 The shareholders of the company have limited liability,
3. The procedures for the establishment of a company limited by shares are relatively
complicated: the conditions for the establishment of a company limited by shares
1 The promoter meets the quorum
2 The promoter subscribes for and raises a minimum amount of share capital
3. The issuance of shares and the preparation of matters are in accordance with the law
4. The promoter shall formulate the articles of association of the company, and the
establishment shall be approved by the founding meeting if it is established by means of
fu
5. Have a company name and establish an organizational structure that meets the
requirements of a company limited by shares
6 Have a company domicile
The Board of Directors consists of 5 to 19 members and a Supervisory Board of no less than 3 members
Contract: Also known as a contract, it is an agreement between two or more parties to
achieve a certain purpose.
Classification of Contracts:
Bilateral contract: A contract in which the parties to a contract have rights and obligations
to each other. Such as a sales contract.
Unilateral contract: A contract in which one party to the contract has only rights and the
other party has only obligations. Such as gift contracts.
Paid contract: A contract in which one party pays the other party a corresponding
consideration for the rights provided for in the contract. Such as buying, selling, leasing,
transportation, processing, etc.
A gratuitous contract is a contract in which one party only has the rights stipulated in the
contract and does not pay the corresponding consideration. Such as borrowing other
people's belongings.
Paid contracts are all two-way contracts, while gratuitous contracts are mostly unilateral
contracts.
Promise contract: refers to a contract in which the two parties reach an agreement through
negotiation and reach an agreement, and the contract is established. Such as a sales
contract.
Practice contract: refers to a contract in which the subject matter of the contract must be
delivered after an agreement is reached, and the contract is formally established
Same. Such as storage, transportation, etc.
Main contract: It is a contract that is formed separately without being attached to other
contracts.
Subordinate Contract: A contract that presupposes the existence of the main contract. It
cannot exist on its own, and its validity is determined by the validity of the main contract.
Such as a guarantee contract.
Essential contract: refers to a contract that must perform certain formalities or have a
specific form in accordance with the law. Such as China
Stipulates that contracts must be in writing.
Non-formal contract: Even if it does not have to be in legal form, it is called an abbreviated
contract.
If a contract does not have a legal form or procedure, there may be 3 consequences: 1. The
contract is not formed. 2. The contract has no evidentiary effect. 3. The contract is not
enforceable.
Contract for personal benefit: The contractor enters into a contract for his own benefit.
Contract for the benefit of third parties: There are circumstances in which the contracting
party does not contract for the benefit of itself but for the benefit of others. Such as
insurance. The conclusion of the contract does not require the unification or notification of
the third party in advance. During the contract period, it can be exercised independently
without the assistance of the contractor, and it can also directly request payment from the
counterparty of the contract, so the third party is often referred to as the beneficiary. The
third party may accept the right or refuse to accept it, and the right shall belong to the
contractor in the event of refusal. Named contract: Any contract that is given a certain name
by law and makes special provisions is called a named contract, which can also be called a
typical contract. Such as construction contracts, mortgage contracts, pledge contracts, etc.
Anonymous contract: Any contract that has no definite name in law and no special
provisions is called a nameless contract. Legally established contracts are protected by law,
which indicates that as long as the content of the anonymous contract violates the public
interest and social morality, it also has legal effect, such as: labor exchange contract,
mutual benefit contract, relocation contract. Mixed contract: refers to a contract that
includes more than two independent named contract matters or a named contract and an
unnamed contract are mixed in one contract, such as a hotel accommodation contract.
Offer: It is an expression of intent issued by one party to the other party in a certain way for
the purpose of concluding a contract.
There are 4 conditions for the Offer to be valid:
1. The offeror must clearly indicate its intention to enter into a contract in accordance with
the terms of the offer, and the contract will be formed as long as the offeree accepts the
offeror's conditions.
An offer is different from an invitation to make an offer, which, although also intended to c
In order to invite others to make an offer to him, the terms of the transaction are not clear.
Common invitations to offer are tenders, auctions, etc.
2. The content of the offer must be clear and sufficient to determine the content of the
contract to be concluded in the future, and once accepted by the offeree, it will give rise to
rights and obligations that are binding on both parties.
3. A valid offer should be made to a specific person, that is, to a specific person
as an offeree.
4. The offer must be served on the offeree in order to be effective. This is because the laws
of various countries consider an offer to be an expression of intent, and since that is the
case, the content of the offer will only be known when the other party sees or hears the
expressions of the offeror. Binding Effect of the Offer:
The Chinese Contract Law stipulates that an offer takes effect when it reaches the offeree.
An offer may be withdrawn, and notice of withdrawal of the offer shall reach the offeree
before or at the same time as the offer. An offer may also be revoked, and the notice of
revocation of the offer shall reach the offeree before the offeree gives notice of the
acceptance.
Circumstances in which the offer cannot be revoked: 1. The offeror has determined the
duration of the commitment or otherwise expressly stated that the offer is irrevocable;
Circumstances in which the offer expires: 1. The notice of rejection of the offer reaches the
offeror. 2. The offeror withdraws the offer in accordance with the law. 3.
At the expiration of the commitment period, the contractee has not made a commitment.
4. The offeree piles up substantial changes to the content of the offer. Cancellation of the
Offer: When the Offer is withdrawn, the Offer has not yet become effective and therefore
cannot be invalidated. After the effective date of the offer, the offeror unilaterally wishes
to extinguish the effect of the offer by way of revocation.
Acceptance: It is the expression that the offeree accepts the offer and agrees to enter into a
contract. If the offer is legally valid, the contract will be concluded. China's Contract Law
clearly stipulates that an acceptance is the intention of the offeree to agree to the offer, and
the contract is formed when the acceptance takes effect, and the acceptance is also called
"acceptance", that is, the acceptance of the offer.
Conditions for the promise to be valid: 1. It must be made by the offeree. 2. It must be
made within the validity period of the offer.
3. It must be consistent with the content of the offer. 4. The form of the commitment
should meet the requirements (the method of communication consistent with the offer).
If the offeree makes an acceptance beyond the commitment period, it shall be regarded as
a new offer unless the offeror promptly notifies the offeree that the commitment is valid. If
the offeree makes an undertaking within the commitment period and can deliver it to the
offeror in a timely manner according to the usual circumstances, but the acceptance
exceeds the commitment period when it reaches the offeror for other reasons, the
acceptance shall be valid unless the offeror promptly notifies the offeree that the
acceptance will not accept the acceptance due to the acceptance exceeding the time limit.
Conditions for the contract to take effect: 1. The parties have the ability to conclude the
contract at the time of contracting. 2. The form of the contract meets the legal
requirements. 3. The content and purpose of the contract are legitimate. 4. The agreement
of the parties should be true 5. Consideration and cause.
The reasons for the invalidity of the contract are: one party concludes the contract by
means of fraud and coercion, harms the interests of the state, maliciously colludes between
the two parties, damages the interests of the state, the collective or a third party, and
conceals the illegal purpose in a legal form: harms the public interest, violates the
mandatory provisions of laws and administrative regulations.
A contract whose validity has not yet been determined: It means that the contract has been
established, but whether it can be effective has not yet been determined, and it is generally
subject to rights
Liberians express their recognition before they can take effect.
Reasons for the undetermined validity of the contract: a contract entered into by a person
with limited capacity can only take effect if it is recognized by a legal representative, and a
contract concluded by an actor without agency in his own name is determined by whether
he or she recognizes it or not; The disposition of the subject matter of the right by the non-
right holder shall take legal effect only after the right holder acknowledges it.
There are two main types of defenses for contract performance: the right to perform
concurrently and the right to defend against uneasiness.
The right of simultaneous performance of defense, also known as the right of non-
performance defense, refers to the fact that one of the parties to a bilateral contract may
refuse to pay itself before the other party has not paid for reciprocity. Conditions of exercise:
must be
Debts must be reciprocated by both parties to each other, the other party must not perform
the debt, and the other party's reciprocal payment is possible.
The right of uneasiness defense: also known as the right of refusal, refers to the right to
require the other party to first perform or provide security for the party to be performed in a
bilateral contract, and when the property status of the party who performs the obligation
first deteriorates and there is a risk that it is difficult to treat the payment, the party who
performs the debt first has definite evidence to prove that the other party has one of the
following circumstances, the performance can be suspended: 1. Serious deterioration of
business conditions, 2. Transfer of property, evasion of funds to evade debts, 3. Loss of
business reputation, 4. There are other circumstances in which the ability to perform debts
is lost or may be lost.
When the contract is guaranteed, it is a legal means to urge the parties to perform the
contract and ensure that the terms of the contract can be realized. The guarantee is
subordinate to the original contract and cannot exist independently.
Guarantee method: 1. Deposit. 2. Guarantee. 3. Mortgage. 4. Pledge. 5. Lien.
Breach of contract: also known as breach of contract, refers to the breach of contractual
obligations by the parties to the contract. The essence of the breach of contract lies in the
illegal infringement of the creditor's rights arising from the contract, and its illegality is
manifested in the actor's breach of the contractual obligations protected by law.
Form of default: anticipatory default, failure to perform, delayed performance, defective
performance, improper performance.
Disclaimer: There are statutory reasons (force majeure), exemption clauses, due to 3 special
provisions of the law
If the contract cannot be performed, the debtor will be partially or completely exempted
from liability.
The modification of the contract is also known as the renewal of the contract, that is, under
the condition that the parties remain unchanged, a new contract is used to replace the
original contract, or some clauses in the original contract are changed, or new clauses are
added, so that the content of the rights and obligations of the parties changes.
The assignment of the contract is that the parties to the contract change and one party is
the party without involving the content of the contract
The person transfers his creditor's rights or debts to a third party, thereby changing the
subject of the rights and obligations of the contract
Product quality responsibilities and obligations of producers: 1. Ensuring product quality is
the primary obligation of producers 2. Implement product quality indication system and
adopt product marks or packaging that meet the requirements. 3. Follow the prohibitions
and restrictive regulations of product production.
The seller's product quality responsibilities and obligations: 1, verify the product
qualification certificate and other marks 2, shall not sell the state to eliminate and stop
the sale of products and invalid and deteriorated products. 3. Do not forge the place of
origin, forge or fraudulently use the name and address of others, and do not forge or
fraudulently use quality marks such as certification marks.
4. It is not allowed to pass off fake as real or shoddy.
Consumer: refers to an individual member of society who buys, uses goods or receives
services in order to meet the needs of personal consumption.
The legislative purpose and principles of the Law on the Protection of Consumer Rights and
Interests
1. The principle of voluntariness, equality, fairness, honesty and credibility.
2. The principle of giving special protection to the legitimate rights and interests of
consumers.
The full power of the consumer
1 The right to security 2 The right to know the truth 3 The right to make independent choices 4
The right to fair trade 5 The right to claim compensation according to law 6 The right to
association 7 The right to seek education and be informed 8 The right to be respected 9 The right
to supervise
Three guarantees, warranty, replacement and refund
Consumer associations play an important role in protecting consumer rights
The decisive way of controversy
According to Article 34 of the Law on the Protection of Consumer Rights and Interests,
when a consumer dispute arises between a consumer and a business operator, it can be
resolved through the following channels:
1 Negotiate a settlement with the operator 2 Request the mediation of the consumer
association 3 Appeal to the relevant administrative department 4 Basis with
The arbitration agreement reached by the operator proposes arbitration by an arbitration
institution 5 to file a complaint with the people's court
monopolize
The so-called monopoly refers to the state or behavior of market entities that exclude or
restrict competitors in economic activities
Types of monopolies
From the perspective of legitimacy, it can be divided into legal monopoly and illegal
monopoly
From the perspective of the causes of monopoly, it can be divided into administrative
monopoly, industrial monopoly, and economic monopoly. Classification of trademarks:
(1) Trademarks can be divided into registered trademarks and unregistered trademarks
according to whether they have been registered or not.
A registered trademark refers to a trademark that has been approved and registered by
the trademark registration authority, while an unregistered trademark refers to a
trademark that has not been registered
A trademark registered with a trademark registry.
(2) According to the use and function of the trademark, the trademark can be divided into
four categories: commodity trademark, service trademark, collective trademark and
certification trademark.
A trade mark is a trademark used on goods, which is a trademark corresponding to a
service mark.
It can be a registered trademark. It can also be an unregistered trademark.
A service mark is a service mark used by a service provider to distinguish the services it
provides from those of others
The service provided and a mark that indicates the quality of the service of the service
provider.
A certification mark, also known as a guarantee mark, is controlled by an
organization that has the ability to detect and supervise a certain good or service, and is
used by the operator on the goods or services to indicate that the raw materials,
functions, quality, or other qualities of the goods have been identified. Guarantee or
certify that a certain registered trademark has been achieved.
A collective mark is a joint constitution of an industrial and commercial group or other
industry organization
and make the trademarks available to its members for common use.
(3) According to the classification of trademarks, trademarks can be divided into word
trademarks, figurative trademarks, letter trademarks, color combination trademarks,
three-dimensional trademarks, and combination trademarks.
2. Trademark rights
Trademark right is a kind of exclusive right obtained by the trademark owner in
accordance with the law, which consists of a series of specific rights, including:
1. Exclusive Right to Use 2. Right to Prohibit 3. Transfer and License Rights
3. Principles for trademark registration:
1. Registration Principle 2. Voluntary Registration Principle 3. Trademark Application
Principle 4. First Application Principle 5. Priority Principle
4. Prohibition of Registered Trademarks:
1. Absolute prohibition: This refers to the statutory prohibition on applying for trademark
registration, which cannot be registered as a trademark under any circumstances.
2. Relative prohibitive condition: lack of distinctiveness. recognizability; conflict with prior
trademark rights; Avoid confusion with the original registered trademark that has been
revoked or cancelled.
5. Validity period and renewal of registered trademarks
Article 37 of the Trademark Law stipulates that "a registered trademark shall be valid for ten years,
starting from the date of approval of registration. "The so-called renewal of a registered trademark
refers to the application of the owner of a registered trademark to the Trademark Office for the
extension of the validity period of the original registered trademark in accordance with the statutory
procedures and time in order not to lose the exclusive right to use the registered trademark after the
expiration of the statutory validity period. This is also an important feature that distinguishes
trademark rights from other property rights. The owner of a registered trademark shall apply for
renewal of registration within 6 months before the expiration of the validity period of the registered
trademark. Each renewal of a registered trademark is valid for 10 years, starting from the day after the
expiration of the previous term of validity of the trademark. If a registered trademark needs to be
renewed, an application for renewal of trademark registration shall be submitted to the trademark.
After the Trademark Office approves the application for renewal of trademark registration, it will issue
the corresponding certificate and make a public announcement.
6. Legal protection of well-known trademarks
(1) The concept and recognition of well-known trademarks
Well-known trademark: refers to a trademark recognized by a statutory authority and has a
high reputation and wide reputation among the relevant public in a country or the world.
The following factors shall be considered in determining a well-known trademark: the degree
of awareness of the trademark by the relevant public; the duration of the use of the
trademark; the duration, extent and geographical scope of any publicity work for the mark;
a record of the trademark being protected as a well-known trademark; Other factors that
make the mark well-known.
(2) The protection of well-known trademarks under China's current legislation
Compared with the protection of ordinary trademarks, there are two special features of the
protection of well-known trademarks in China's Trademark Law: first, the scope of protection
includes not only well-known trademarks registered in China, but also well-known
trademarks registered in China; Second, the right of prohibition of the owner of a registered
well-known trademark is not limited to similar use on similar goods, but extends to the use
of non-s
7. Patents
Patent right: refers to the patent right granted by the national patent administration
department to the inventor or patent applicant for the invention or creation in accordance
with the provisions of the Patent Law.
Legal Features:
(1) The acquisition of a patent right must be applied to the national patent administration
department by the patent owner and strictly examined by the national patent administration
department before it can be granted.
(2) the acquisition of the patent right must be premised on the disclosure of the patent
contents; Know-how, on the other hand, is done through the use of secrecy
The content of the technology is kept confidential in order to achieve the purpose of
exclusive possession of the technology.
(3) The statute of limitations for the legal protection of patent rights is limited.
8. Subject matter of the patent right
The subject matter of patent rights, also known as the object of protection of patent law,
refers to the exclusive rights that people can obtain in accordance with patent law
Invention.
The subject matter of a patent is an invention, utility model and design.
9. Term and Termination of Patent Rights
The term of an invention patent is 20 years, and the term of a utility model right and a design
patent is 10 years, both of which are calculated from the filing date.
The termination of a patent right refers to the loss of the exclusive right of the patentee over
the invention and creation, which is divided into normal termination and early termination.
Normal termination means that the term of the patent right has expired, and its legal
effect is naturally terminated.
Early termination refers to the termination of the patent right before the expiration of the
term of the patent right due to the occurrence of statutory termination reasons, including
two situations: failure to pay the annual fee in accordance with the regulations; The
patentee renounces its patent rights by a written declaration.
If the patent right is terminated before the expiration of the term of the patent right, it
shall be registered and announced by the patent administration department under the
State Council.
The legal nature of the People's Bank of China
The Law of the People's Republic of China on the People's Bank of China stipulates: The
People's Bank of China is the central bank of the People's Republic of China, and the
People's Bank of China, under the leadership of the State Council, formulates and
implements monetary policy, guards against and defuses financial risks, and maintains
financial stability
The regulations are of a dual nature: 1 The People's Bank of China is China's central bank
and has the nature of a bank 2 The People's Bank of China is the financial supervision and
management organ
Establishment of commercial banks
Principles of Establishment The principle of review is applied to the establishment of
commercial banks in China, that is, the establishment of commercial banks should be
approved by the State Council
The banking supervision and administration shall inspect and approve the conditions for
the establishment of commercial banks without approval
1. Have articles of association that comply with the provisions of the Commercial Bank Law
and the Company Law; 2. Have the minimum amount of registered capital stipulated in the
Commercial Bank Law; 3. Have professional knowledge and business experience of the
president, general manager, and other senior management personnel; 4. Have a sound
organizational structure and management system; 5. Have a management place that
meets the requirements; sec
Takeover of commercial banks
The reason for the takeover is that a credit crisis has occurred or is likely to occur in a
commercial bank that seriously affects depositors
benefits can only be carried out
Procedures for Takeover: 1 The Takeover shall be decided upon and organized by the Banking
Supervision Authority of the State Council 2 The Takeover shall commence from the date of
implementation of the Takeover Decision 3 The Takeover Period shall expire The Banking
Supervision Authority of the State Council may decide to extend the Takeover, but the
Takeover Period shall not exceed two years at most
Termination of the authority Under any of the following circumstances: Termination of the
receivership The expiration of the period specified in the receivership decision or the
expiration of the extension of the receivership decided by the banking regulatory
authority of the State Council Before the expiration of the receivership period, the
commercial bank has resumed its normal operating capacity Before the expiration of the
receivership period, the commercial BA has been merged or declared bankrupt in
accordance with the law
The basic principles of insurance contracts
1 Principle of maximum good faith 2 Origin of insurance interest 3 Principle of
compensation for actual loss 4 Principle of proximate cause Negotiable instruments There
are three types of bills: bills of exchange, promissory notes, and checks
Lost Ticket Relief
1. Loss of negotiable instrument The person who loses the negotiable instrument may
notify the payer of the negotiable instrument to report the loss and stop payment, except
for the negotiable instrument that does not record the payer or cannot determine the
payer and its agent payer
2. The payer or agent payer shall immediately suspend payment upon receipt of the
notice of loss reporting and stop payment
3. The payer or agent payer has paid to the bearer in accordance with the law before
receiving the notice of loss report and stop payment, and will no longer accept the loss
report and stop payment, except for the payer or agent payer with malicious intent or
gross negligence
4. The person who loses the bill shall, within 3 days after notifying the loss of the bill and
stop payment, or directly apply to the people's court for publicity and reminder or file a
lawsuit with the people's court after the loss of the bill
