01 Debate CompetitionOn the afternoon of April 25th, Henan Province hosted the final of the May Fourth Youth Lawyer Debate Competition for the Law Firm's "Speculative Youth and Brave Mission". After careful preparation before the competition, the four groups of contestants stood ready with full confidence. The final will be chaired by Lawyer Ding Haoyu.The argument for the first game of the finals is:Is it recommended to lower the age of criminal responsibility for minors!The third group of the legitimate team,Zhang San from outside the law(from right to left):Dong Jiabao,Sun Lingzhe,Zhang Wen,Peng QiangWhat do we say about the second group of the opposing team(from left to right):Qin Huanhuan,Zhang Xiaoyi,Yang Tianxiao,Ma JialeThe debate topic for the championship and runner up finals is:Specialization or versatility is more suitable for young lawyers!The fourth group on the right(from right to left):Zhang Bing,Ma Zhixiang,Chen Yafang,Li MengyangThe first group of the opposing team is not easy to provoke(from left to right):Liu Jialei,Du Xinxin,Ren Haogang,Lu Yingchen02 Judge's commentsAfter the debate, the judges affirmed the outstanding performance of the debaters, stating that this competition was close to social hotspots and the whole competition was exciting. The participating debaters made significant progress in debating skills, legal logic, language expression, and other aspects through this competition. With their outstanding performance, the debaters demonstrated to us the youthful charm of being a young lawyer.02 Competition ResultsDebate ChampionAfter rating statistics,the champions of this debate competition are:the first group is not easy to provoke the team,the first defense Liu Jialei,the second defense Du Xinxin,the third defense Ren Haogang,and the fourth defense Lu Yingchen.Best debaterLawyer Du Xinxin won the Best Debater awardExcellent debaterThe outstanding debaters are Li Mengyang,Chen Yafang,Ma Zhixiang,and Ren HaogangFinal summaryPassionate collision,to argue with friends.This debate competition has helped young lawyers improve their legal thinking and language expression abilities through intense debates,enhanced the cohesion of young lawyers,and showcased their vibrant spirit.I hope that young lawyers can continue to promote their critical thinking spirit,use their arguments to inspire wisdom,and actively improve their professional abilities and practice skills.In legal services,they should demonstrate a professional and dedicated attitude towards lawyers,safeguard the legitimate rights and interests of clients,and convey the warmth and faith of the law.

Interpreting the New Company LawSpecial Lecture SeriesHenan Xianwei Law FirmInterpreting Legal Knowledge to Assist Enterprises in Risk PreventionLectures on Legal KnowledgeThe Company Law of the People's Republic of China,issued in December 2023,has new provisions in regulating the organization and behavior of companies,protecting the legitimate rights and interests of companies,shareholders,employees,and creditors,and improving the modern enterprise system with Chinese characteristics.To better understand the core content of the new Company Law,help enterprises prevent legal risks,and assist in high-quality development of enterprises.Recently,Director Li Yan,a partner of Henan Xianwei Law Firm,was invited to Henan State owned Affordable Housing Construction Investment Co.,Ltd.and Luoyang Cultural Investment Management Co.,Ltd.to hold a special lecture on interpreting the key points of the new Company Law revision.Enhance legal awareness and protect one's own rights:On April 15th,Director Li Yan,a partner of Henan Xianwei Law Firm,was invited to Henan State owned Affordable Housing Construction Investment Co.,Ltd.to give a special lecture on interpreting the key points of the new Company Law revision.In this training,Director Li Yan took the revision process of the Company Law as the starting point,highlighting the"historical significance"of the revision.The training is mainly conducted from seven aspects:the legislative purpose,objectives and tasks of the new Company Law,company capital and shareholder contribution responsibilities,corporate governance structure,special provisions of state funded companies,and the broad responsibilities of directors,supervisors,and senior executives.The training is rich in cases,detailed in content,and full of practical experience.When teaching topics such as strengthening the leadership of party organizations,responsibilities of directors,supervisors,and senior executives,equity penetration,and deadline for actual capital contributions,the trainees occasionally engaged in lively discussions based on their actual work.Director Li also provided detailed answers to relevant questions.On April 23rd,Director Li Yan was invited to give a special lecture on the interpretation of the key points of the revision of the new Company Law at Luoyang Cultural Investment Management Co.,Ltd.Legal LecturesDirector Li Yan,based on the purpose,objectives,and tasks of the revision of the Company Law,deeply analyzed the impact of the new Company Law on corporate governance and operations from the aspects of improving the company's capital system,optimizing corporate governance structure,special regulations for state-owned companies,changes in company finance and other regulations,and proposed practical and feasible risk prevention suggestions,which were highly praised and praised by the attendees.The introduction of the new Company Law has attracted high attention and enthusiastic discussion from all sectors of society.Henan Xianwei Law Firm promptly conducted internal learning and discussions,and actively participated in lectures and forums organized by external legislative experts.Starting from the actual needs of customers and combining with the hot issues of concern to enterprises and executives,multiple legal education activities were carried out,aiming to help enterprise managers deepen their learning,accurately grasp and actively adapt to the new Company Law,further enhance their risk prevention awareness in the company's business process,and effectively promote the company's legal,compliant,and healthy development.

IntroductionOn the afternoon of the 16th of this month,the 25th book sharing session was held at my institution.Lawyer Li Yasu from my institution shared with you the book"A Book to Understand Equity Structure"compiled by Li Liwei based on his long-term practical experience.This book summarizes the common application models of equity structure.Through the sharing of lawyer Li Yasu,we can quickly understand the essence of equity and learn the essence of equity structure design.The author of this book, Li Liwei, has extensive professional experience as a lawyer, certified public accountant, and registered tax accountant. She has been deeply involved in the field of equity for many years and has accumulated rich practical experience in areas such as equity structure, equity incentives, equity cooperation, and tax planning. This book aims to bridge the boundaries of legal, financial, tax, and management fields by explaining practical cases of equity in multiple well-known enterprises, providing a clear and intuitive understanding of equity structure design.Lawyer Li Yasu mainly shared with everyone the relevant content of the book on non separation of shares,introducing several forms of non separation of shares such as limited partnership enterprises,equity pyramid structures,concerted action persons,entrusted voting rights,preferred shares,and AB shares.At the same time,combined with the latest revised Company Law and case studies,he provided a detailed explanation for everyone.Through this book sharing session,the attending lawyers have gained a profound understanding of equity structure and non separation of shares and powers,and have opened up new ideas and inspirations for the design,taxation,legal and other issues that may arise in the work of lawyers regarding equity structure.

01 Debate arenaOn April 12,2024,the preliminary round of the debate competition kicked off,with lawyer Yang Yuhao serving as the chairman.Lawyer Yang YuhaoA total of 16 young lawyers(including intern lawyers)participated in this competition,forming 4 teams to engage in exciting debates.02 Team IntroductionGroup 1:Difficult to provoke teamsFrom right to left:debate Liu Jialei;Second Debate Du Xinxin;San Bian Ren Haogang;Four Debates:Lu YingchenGroup 2:What do you say about the teamFrom right to left:A debate on Qin Huanhuan;Second Debate Zhang Xiaoyi;Three debaters Zhao Pengfei;Four Debates on Ma JialeGroup 3:Zhang San from outside the law teamFrom left to right:A debate on Dong Jiabao;Second Debate Sun Lingzhe;Three Debates Zhang Wen;Four Debates Peng QiangGroup 4:Ah!To the opposing teamFrom left to right:debate Zhang Bing;Second Debate Ma Zhixiang;San Bian Li Mengyang;Four Debates Ren ShanshanThe competition is divided into five stages:argumentation stage,rebuttal and argumentation stage,cross examination stage,free debate and summary of statements.The debate topics cover multiple aspects such as civil,criminal,social hot topics,and the development of young lawyer practice.The contestants carefully prepared before the competition,analyzed their arguments,based on laws and regulations,and supported by case facts,accurately and densely expressed their opinions,while strongly refuting the opponent's arguments.They came and went,with witty words,winning applause from the audience on site.03 Review by judgesAfter each round of debate,the judges provide professional feedback and suggestions to the debaters based on the competition content,including their argumentative structure,logical reasoning,and language expression.04 Competition ResultsAccording to the final match results,the championship and runner up finals will be played by the first group against the fourth group against the opposing team,and the third and fourth place finals will be played by the second group against the third group against the opposing team,Fawai Zhang San.The final will be held at the end of this month,and we welcome everyone to continue following us.Stay tuned!

Legal educationProtecting your rightsHenan Xianwei Law FirmProvide legal awareness to avoid business risksLegal publicityOn that day,more than 30 leaders,middle-level executives,and department heads from Tongli Company attended the on-site lecture.Enhance legal awareness and protect one's own rights and interestsDirector Li Yan first sorted out the core revision content of the new Company Law,and explained in detail the legislative purpose,improving the company's capital system,shareholder responsibility,optimizing corporate governance structure,special provisions for state-owned companies,and the broad responsibilities of directors,supervisors,and senior executives.At the same time,based on actual situations and more than ten years of practical experience,Director Li analyzed various changes in the new Company Law in a simple and practical way,with practical significance as the main line,and proposed targeted and easy to implement response strategies.Legal publicityFinally,Director Li Yan pointed out that when facing changes and adjustments to legal provisions,enterprises and management personnel should not only have a forward-looking awareness of updating their knowledge base with the times,but also improve their profound and accurate understanding of the legal changes.This can help enterprises establish more scientific,standardized,and effective governance structures and prevent and resolve potential risks in advance.Especially,state-owned enterprises should strengthen their compliance concepts,strictly follow the new company law and other laws and regulations to carry out business management,and continuously improve their level of legal governance.After the meeting,Director Li also made demands on the legal team to continuously pay attention to the latest legal regulations,combine the characteristics of the company,continuously improve legal service capabilities and levels,and continue to provide high-quality legal services for Tongli Company.

Learning from Lei Feng Theme ActivityIn March of Yangchun,all things are reviving.In order to actively respond to the requirements of the Henan Provincial Committee of the Communist Youth League to carry out the"Volunteer New Journey and Achieve Merit in the New Era"themed activity of learning from Lei Feng,and to lead young members of the League to practice the spirit of volunteerism and engage in social services,Henan First Law Firm's League Branch deeply implements the important instructions and instructions of General Secretary on youth volunteer work,adheres to the central and overall service,unites and gathers young members to participate in volunteer services,and carries out a series of activities of"Learning from Lei Feng and Building a New Wind".Lei Feng SpiritOn March 5, 2024, the Youth League Branch of Henan Xianwei Law Firm actively responded to the call to learn from Lei Feng and launched a themed education activity on "learning from Lei Feng's spirit". Du Xinxin, Deputy Secretary of the Youth League Branch, led a large number of members to study the spirit of Lei Feng from the aspects of its inherent essence, the contemporary value of Lei Feng spirit, and the practical path of promoting Lei Feng spirit. They also collectively watched the promotional video "Who is Lei Feng?" released by the Central Committee of the Communist Youth League.Practice has proven that no matter how the times change,the spirit of Lei Feng will never go out of style.This is a profound summary and rational judgment by General Secretary on the historical status,practical role,and contemporary value of Lei Feng's spirit.This event has enabled the vast number of Youth League members to revisit Lei Feng's spirit and strengthen their determination to promote Lei Feng's spirit for the Youth League branch and practice serving the people.Lei Feng SpiritLearn from Lei Feng to create a new atmosphereTake action for the lawyer firstOn March 19th,the team branch of Henan Xianwei Law Firm went to the Huayang Community Elderly Care Service Center in Jianxi District to provide volunteer services.All members fully demonstrated their excellent work style of not being afraid of dirt and fatigue.They wiped the fitness facilities,tables and chairs,and windowsills of the elderly care service center,and comprehensively swept and cleaned the floor and stairs,making the elderly care service center look brand new and receiving continuous praise from the elderly who participated in community activities.After the cleaning was completed,the members also carried out public welfare legal education and legal consultation activities in the community,patiently and meticulously analyzing the legal issues encountered by community residents in their daily lives.They also reminded everyone to pay attention to preventing telecommunications fraud,enhance legal awareness,and learn to use the law to protect their legitimate rights and interests.Lei Feng SpiritOn March 29th,Henan Province organized young lawyers from the Law Firm's Youth League Branch to carry out a legal campaign in Luhun Town,Song County,to promote public welfare and legal education for villagers,and provide legal advice and services on issues related to their immediate interests.The members went to multiple villages one by one and patiently and meticulously answered legal issues such as homestead disputes,loan disputes,and elderly care that the villagers encountered.The activity of sending young lawyer volunteers to the countryside will contribute to the construction of rural rule of law and grassroots stability.We hope that young lawyers can participate more in volunteer service activities and help promote rural revitalization.First of all,the Youth League Branch held the public interest and practice the spirit of dedication in this series of activities of learning from Lei Feng,learned and carried forward Lei Feng's spirit with practical actions,actively assumed social responsibility,guided the masses to establish the awareness of learning,understanding,abiding by the law,and using the law through its own efforts,and made itself an admirer,inheritor,and practitioner of Lei Feng's spirit,contributing youth strength to comprehensively promoting the practice of Chinese path to modernization in Henan!

In recent years,doctor-patient disputes have emerged one after another,and the doctor-patient conflict has become increasingly acute.Due to the wide range and relative sensitivity of conflicts in doctor-patient dispute cases,it is difficult for patients to protect their rights and there are many obstacles.How should patients protect their legitimate rights and interests in the event of personal injury during the diagnosis and treatment process?Interpret the law by caseBasic case detailsZhao was admitted to Hospital A for treatment due to repeated chest tightness with palpitations and shortness of breath.The next day,he underwent femoral vein puncture for dialysis and experienced discomfort.The hospital immediately stopped dialysis and urgently requested an ICU consultation and transfer to another department for ultrafiltration treatment.Later,due to a pseudoaneurysm of the right femoral artery,the emergency department was transferred from Hospital A to Hospital B for vascular surgery treatment.Three surgeries were performed on it the following year.After discharge,Zhao was admitted to the hospital for treatment twice due to chronic renal insufficiency,uremia,elevated blood creatinine for one year,and hemodialysis.He passed away in May of the same year.His family believed that the two hospitals were at fault for Zhao's death,so they sued the court and requested that the Second Hospital bear the compensation responsibility.In the first instance,the plaintiff applied to the court for appraisal on whether the diagnosis and treatment behavior of Zhao by two hospitals was at fault,whether there was a causal relationship,and if there was a causal relationship,how much participation was made.The judicial appraisal conclusion is that the pseudoaneurysm of the right femoral artery is a iatrogenic injury caused by hospital A,with the main fault and direct causal relationship.There is no fault or causal relationship in the diagnosis and treatment process at Hospital B.The court held thatAfter the court's trial,it was found that Hospital A caused the rupture of the right superficial femoral artery and the formation of a pseudoaneurysm during the diagnosis and treatment process,which was not clearly recorded in the medical records,and was a fault of not fulfilling the obligation to inform.Three days later,the patient was transferred to another hospital for treatment due to abnormal vital signs,and there was a fault of delaying treatment.Therefore,Hospital A has a major fault in the diagnosis and treatment process of the patient,and there is a direct causal relationship with the damage caused.All losses incurred by Zhao during his early diagnosis and treatment at two hospitals shall be compensated by Hospital A.During Zhao's later diagnosis and treatment at Hospital A,there was an indirect causal relationship between the late treatment at Hospital A and the early iatrogenic injury and death consequences,but it was not the direct result of the patient's death caused by the iatrogenic injury.The participation rate of iatrogenic injury was 20-40%.Therefore,for the losses incurred by patient Zhao during his later diagnosis and treatment at Hospital A,Hospital A should bear 40%of the compensation liability.Based on this,the court subsequently ordered Hospital A to compensate the plaintiff for losses of over 90000 yuan.After the first instance judgment was made,both the plaintiff and defendant appealed against it.After the second instance trial,the appeal was rejected and the original judgment was upheld.Lawyer InterpretationThis case is a medical injury liability dispute.According to Article 1218 of the Civil Code,"If a patient suffers damage during diagnosis and treatment activities,and the medical institution or its medical staff is at fault,the medical institution shall bear the liability for compensation.";Article 1219 stipulates that"medical personnel shall explain their condition and medical measures to patients during diagnosis and treatment activities.If surgery,special examination,or special treatment are required,medical personnel shall promptly provide specific medical risks,alternative medical plans,etc.to patients and obtain their explicit consent.If it is impossible or inappropriate to explain to patients,medical personnel shall explain to their close relatives and obtain their explicit consent.If medical personnel fail to fulfill the obligations mentioned in the preceding paragraph and cause damage to patients,medical institutions shall bear compensation responsibility.Medical institutions have the obligation to explain,and patients have the right to informed consent.".The medical party shall not be held responsible for fulfilling the obligation of disclosure.It should be noted that although medical personnel have fulfilled the obligations stipulated in the first paragraph of this article and obtained the consent of patients or their close relatives,if they fail to fulfill the corresponding medical obligations in subsequent diagnosis and treatment activities,resulting in damage to patients,medical institutions shall still be liable for compensation.Medical institutions may use informed consent forms,notification forms,and other medical records signed and recognized by the patient as necessary evidence to prove that medical personnel have fulfilled their obligations.On the contrary,it is sufficient to determine that medical institutions have not fulfilled their obligations and caused damage to patients,and medical institutions should bear compensation liability.PostscriptAfter the implementation of the Civil Code of the People's Republic of China,medical accident appraisal is no longer a requirement for medical litigation.If a patient suffers damage,medical institutions should bear the responsibility for compensation as long as they are at fault.However,patients should actively cooperate with medical institutions to carry out diagnosis and treatment in accordance with diagnostic and treatment standards during the process of receiving medical treatment.In the event of a medical accident,medical institutions should be promptly requested to review and copy hospitalization records,medical orders,inspection reports,surgical and anesthesia records,pathological data,nursing records and other medical records.Reasonable appeals should be expressed through mediation,litigation and other means,and extreme measures should not be taken.Otherwise,if it interferes with medical order,hinders the work and life of medical personnel,and infringes on the legitimate rights and interests of medical personnel,legal responsibilities should be borne in accordance with the law.Of course,as a medical institution,it is necessary to manage medical personnel and require them to provide reasonable diagnosis and treatment for patients in accordance with laws,administrative regulations,rules,and other relevant diagnostic and treatment norms.Medical institutions and their medical staff should fulfill their duty of explanation during the diagnosis and treatment process,safeguard the patient's right to informed consent,and pay attention to the protection of patient privacy and personal information.Both doctors and patients should fulfill the above-mentioned obligations and exercise their respective rights reasonably,which can greatly avoid the occurrence of doctor-patient conflicts.Team IntroductionThe Xianwei Personal Injury Rights Protection Team is a young lawyer team with excellent professional quality and rich experience in handling cases.The team adheres to the service concept of"rigorous,efficient,professional,and responsible",forming a professional,standardized,and standardized case handling model.It is committed to handling various types of personal injury infringement liability disputes and providing customers with higher quality and efficient legal services.The team members have many years of work experience and rich practical experience.In recent years,they have dealt with more than 100 cases of personal injury infringement of various types,including disputes over liability for labor service providers,liability for voluntary assistance workers,liability for motor vehicle/non motor vehicle traffic accidents,and liability disputes for educational institutions.The team adheres to the principle of"maximizing the protection of the legitimate rights and interests of the parties involved",ensuring that every client's commission receives the most professional and accurate legal services.

IntroductionOn the afternoon of March 26,2024,the 24th reading sharing activity was held for the book club.In this issue of book sharing,my partner,Lawyer Guan Guofang,brought you the book"Reverse Thinking",allowing you to experience the unique charm of reverse thinking.The book"Reverse Thinking"introduces the important thinking ability of reverse thinking through concise and interesting stories.Reverse thinking is to teach people to think from a different perspective when facing difficulties,and perhaps they will be able to embrace the dark side and the bright side.At every stage of life,we encounter various difficulties.If we can learn to stand on the other side of the problem,as introduced in the book,we may find that all obstacles are clues,and all traps are paths.Looking at the problem from a different perspective,the dilemma itself may be a way out.Learn to be adaptable,even if you don't understand.Learn to speak from the other person's perspective so that they can easily listen to you.Effort is important,but borrowing is even more important.Sometimes,knowing to take a step back is enough to take ten steps forward.Learning to reverse thinking can reverse life.When lawyer Guan Guofang shared with everyone,he not only introduced the small cases listed in the book,but also effectively resolved conflicts and disputes by flexibly using reverse thinking in combination with some of the difficulties he encountered in his work and life.Thinking controls a person's thoughts and actions,and also determines their vision,career,and achievements.Different thinking can lead to different ideas and attitudes,different ideas and attitudes can lead to different actions,and different actions can result in different outcomes.If there is a lack of good thinking in doing anything,it will lead to self closure,numerous obstacles,not only difficult to solve problems,but also make things more complex.Only with good thinking can we solve the difficulties in life and reap the fruits of our ideals.Reverse thinking is an important driving force for exploring the path of success.