On February 2, 2020, the Huzhou Council for the Promotion of International Trade in Zhejiang Province issued the country's first force majeure certificate of force majeure for the new coronavirus pneumonia epidemic at the application of an auto parts manufacturing enterprise in Huzhou. Under the influence of the nationwide "new crown" epidemic, a large number of obstacles to contract performance similar to those in Huzhou will inevitably emerge, and whether the force majeure provisions of Article 117 of the Contract Law of the People's Republic of China are automatically applicable in each case cannot be generalized. The purpose of this article is to discuss the specific application of force majeure provisions from the perspective of exploring the origin of the concept of force majeure and commenting on legal norm

As the new coronavirus epidemic becomes more and more serious, in order to improve epidemic prevention measures and avoid crowd gathering, the central government and local governments have successively announced notices to extend the Spring Festival holiday or postpone the resumption of work; Although the above notice has become an effective means to interrupt the spread of the disease, whether it is the business activities of enterprises or the rights and interests of workers, it is inevitable that they will be greatly affected, and many legal problems will arise, so this article mainly analyzes the legal issues of labor employment in relevant enterprises based on the policies issued at this stage.

With the development of the novel coronavirus epidemic, the government has successively introduced a number of measures to prevent and control the epidemic, including delaying the resumption of work. In addition, on January 30, 2020, the WHO officially declared this outbreak to constitute a public health emergency of international concern. As a result, it has had a huge impact on the contract performance of domestic and foreign enterprises, and has been hindered in many aspects such as the production of goods, import and export logistics, and also interfered with some normal market transaction orders.

In order to respond to the call of the Party and the government and actively participate in the battle of epidemic prevention and control, all lawyers of Gaopeng formulated an emergency service plan at the first time, and reported our work arrangements to our clients in a letter to clients, and reminded them of legal risks in the special period.

Mixed ownership economy refers to the mixed ownership economy of cross-shareholding and integration of state-owned capital, collective capital and non-public capital, which is an important form of realization of China's basic economic system. The reform of mixed ownership of state-owned enterprises has always been a hot spot in the market, and in the integration of various types of capital, it may involve the transfer of state-owned equity without compensation. For example, if Company A, a state-controlled listed company, its controlling shareholder, Company B, is a wholly state-owned company, and Company B intends to transfer its equity interest in Company A to Company C, another wholly state-owned company outside the province. At this time, the natural person Ding, the minority shareholder of Company A, requested to exercise the right of pre-emption on the grounds that, according to paragraph 3 of Article 71 of the Company Law, the shareholders of a limited liability company transferred their shares, and other shareholders had the right of pre-emption. So, in the case of the transfer of state-owned shares without compensation, do other shareholders enjoy the right of pre-emption?

On February 5, 2020, it was reported that Dali City, Yunnan Province directly requisitioned a batch of emergency supplies purchased from Myanmar by the Chongqing Municipal Government and the Huangshi Municipal Government (a total of 9 pieces of 598 boxes and 300,000 masks), and on the evening of February 6, 2020, the official Weibo of People's Daily released the news: Dali City issued a notice that Yang Yanchi, Secretary of the Dali Municipal Health Party Committee and Director of the Municipal Health Bureau, was dismissed from his post, and Fang Hu, Secretary of the Party Group and Director of the Dali Municipal Bureau of Industry and Information Technology and Science and Technology, was given the sanction of government secretary.​

During the nationwide unity in the fight against the novel coronavirus pneumonia epidemic, the Wuhan Red Cross Society was once again questioned when a man brought a box of 3M masks from the temporary warehouse of Red Cross disaster relief materials and put it in the trunk of a car with government license plates. the official website of the Wuhan Municipal Government announced on February 2 that when the General Office of the Wuhan Municipal Government participated in the municipal emergency material reserve and management work conference, the epidemic prevention and control staff found the warehouse to receive masks and other protective equipment, and the box of 3M was raised Masks have been registered and approved in a unified manner, but in Wuhan, a heroic city where essential medical equipment such as masks are in short supply, this incident is really difficult to imagine in the difficult conditions when many medical staff on the front line of the fight against the epidemic can only use homemade masks to carry out rescue. As a legal person, I decided to extend this matter and intend to talk to readers about the "crime of misappropriation of specific funds and goods" in China's criminal law in combination with real cases.

In order to respond to the call of the Party and the government and actively participate in the battle of epidemic prevention and control, all lawyers of Gaopeng formulated an emergency service plan at the first time, and reported our work arrangements to our clients in a letter to clients, and reminded them of legal risks in the special period. At present, Beijing Gaopeng (Yangzhou and Taizhou) Law Firm has fully launched online remote office and continues to make every effort to provide professional and efficient legal services to clients. In the near future, the teams of Gaopeng Law Firm will closely cooperate with the epidemic prevention struggle, make full use of their professional advantages, adapt to the needs of the prevention and control situation, help our clients cope with various potential crises and risks, and publish a series of legal articles one after another, please pay attention to it

1. Qinghai Xining deliberately concealed the true itinerary and activities and was filed
2. Yulin, Guangxi, concealed contact with personnel in key epidemic areas and did not take preventive measures to be put on file
3, Xuzhou, Jiangsu Province concealed its itinerary and ran around and was put on file
4. During the quarantine period in Ganzhou, Jiangxi, a case was filed for taking a bus
5. During the quarantine period in Shantou, Guangdong, a case was filed by means of transportation​