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To
further optimize the rule-of-law-based business environment, assist enterprises
in preventing and resolving operational legal risks, and enhance their ability
to comply with legal governance, the Commercial Division of the Hongkou
District People's Court recently organized an immersive court hearing and
case-based legal education event as part of the "Entrepreneurs Learning
the Law" initiative. This event adopted an innovative dual-track model of
"thematic lecture + court-hearing observation", creating a
multi-dimensional rule of law education setting for invited entrepreneur
representatives serving as "Rule-of-Law Business Environment Service
Observers". Through the deep integration of judicial practice and
theoretical instruction, the program supports enterprises in improving their
capabilities for lawful and compliant governance.
In
the first half of the event, Li Danying, Deputy Secretary of the Party Branch
and Judge Assistant of the Commercial Division of the Hongkou District People's
Court, delivered a lecture titled "Legal Overview and Key Points Analysis
of Disputes Involving Damage to Corporate Interests". The lecture was
closely aligned with the new Company Law and relevant judicial
interpretations, establishing an integrated explanatory framework consisting of
"legal provisions¡ªpractical analysis¡ªcase interpretation".
At
the level of legal application, Li Danying systematically outlined the
constituent elements of liability disputes involving damage to corporate
interests, the standards for determining subject qualification, and the rules
governing the allocation of the burden of proof. At the level of practical
operation, she focused on dissecting the judicial reasoning behind typical
cases, such as liability for damage arising from related-party transactions and
shareholders' abuse of rights to the detriment of corporate interests, offering
in-depth analysis of high-frequency points of contention encountered in
judicial practice.
In
response to enterprises' compliance management needs, she proposed concrete
recommendations from the perspective of corporate governance, including
improving the decision-making mechanisms of shareholders' meetings,
establishing recusal systems for related-party transactions, and strengthening
internal audit supervision, thereby providing professional guidance for
enterprises in building risk-prevention and control systems.
In
the second half of the event, an open court hearing of a liability dispute case
involving damage to corporate interests, presided over by Zhang Hai, Deputy
Chief Judge of the Commercial Division and Senior Judge of the Fourth Rank,
provided entrepreneur representatives with an opportunity to observe judicial
practice at close range. The hearing strictly followed statutory procedures,
fully presenting litigation stages such as court investigation, evidence
presentation and cross-examination, and court debate. The trial focused on the
core disputed issues, including whether the defendant shareholder had abused
shareholder rights and the causal relationship between the harmful consequences
and the conduct, thereby fully demonstrated the judiciary's strict adherence to
the principles of capital maintenance and shareholders' duty of good faith.
After
the hearing concluded, Judge Zhang Hai conducted a combined "court hearing
+ legal interpretation" teaching session. Using the case as a sample, he
provided an in-depth explanation of the legislative intent behind shareholders'
duty of loyalty under the Company Law and analyzed the specific
application of rules governing the admission of evidence in commercial
disputes. In response to practical issues raised by entrepreneurs, such as
"risk prevention and control in seal management" and "protection
of the rights and interests of nominal shareholders", answers were
provided with reference to the new Company Law and relevant judicial
interpretations. Through a logical chain of "legal provisions ¨C case facts
¨C judicial conclusions", the session helped enterprises understand the
regulatory orientation of judicial adjudication in maintaining market
transaction order.
At
the conclusion of the event, the "Rule-of-Law Business Environment Service
Observers" expressed that, by participating in this program, they gained a
profound understanding of the direct connection between corporate governance
compliance and the sustainable development of an enterprise. They noted that
the judiciary's forward-looking legal interpretations provided precise guidance
for enterprise risk prevention and control, and they expressed their gratitude
to the court for offering such a valuable learning opportunity.
Going forward, the Hongkou District People's Court will continue to deepen the
"Rule-of-Law Business Environment Service Observer" mechanism and,
through diversified initiatives such as "entrepreneurs entering the
court" and "judges delivering lectures", establish regular
communication channels between the judiciary and market participants. Relying
on its adjudication functions and guided by the needs of enterprises, the court
will continue to enhance the precision and effectiveness of judicial services,
providing solid judicial safeguards for creating a stable, fair, and
transparent rule-of-law-based business environment.
