What is the meaning of "continuance" in the Administration for Industry and Commerce?
"Survival" in the Administration for Industry and Commerce means "always existing".
The Administration for Industry and Commerce is the government department responsible for market supervision and administrative law enforcement. According to the "Notice of the State Council on Institutional Establishment" (Guofa [2008] No. 11), the State Administration for Industry and Commerce (ministerial level) was established as an agency directly under the State Council.
The main responsibilities of the Administration for Industry and Commerce: (1) Responsible for the work related to market supervision and administrative law enforcement, drafting relevant draft laws and regulations, and formulating industrial and commercial administrative regulations and policies. (2) Responsible for the registration, supervision and management of market entities such as various enterprises, farmers' professional cooperatives, units and individuals engaged in business activities, and permanent representative offices of foreign (regional) enterprises, and bear the responsibility of investigating and punishing unlicensed operations in accordance with the law. (3) Be responsible for regulating and maintaining the order of various market operations in accordance with the law, and be responsible for supervising and managing market transactions and online commodity transactions and related services. (4) Responsible for supervising and managing the quality of commodities in the circulation field, organizing and carrying out consumer protection work in the service field, investigating and punishing illegal activities such as counterfeiting and shoddy products according to the division of labor, and guiding consumer consultation, complaints, report acceptance, processing and network system construction, etc. Protect the legitimate rights and interests of operators and consumers. (5) Be responsible for investigating and handling illegal direct selling and pyramid selling cases, and supervise and manage direct selling enterprises, direct sellers and their direct selling activities in accordance with the law. (6) Responsible for anti-monopoly law enforcement in the areas of monopoly agreements, abuse of market dominance, and abuse of administrative power to eliminate and restrict competition (except for price monopoly behaviors). Investigate and deal with unfair competition, commercial bribery, smuggling and other economic violations in accordance with the law. (7) Responsible for the supervision and management of brokers, brokerage institutions and brokerage activities in accordance with the law. (8) Implement contract administrative supervision and management in accordance with the law, be responsible for managing the registration of chattel mortgages, organize, supervise and manage auctions, and investigate and deal with contract fraud and other illegal activities in accordance with the law. (9) Guide the development of the advertising industry and be responsible for the supervision and management of advertising activities. (10) Responsible for trademark registration and management, protecting trademark exclusive rights and investigating trademark infringements in accordance with the law, handling trademark disputes, and strengthening the identification and protection of well-known trademarks. Responsible for the registration, filing and protection of special signs and official signs. (11) Organize and guide the credit classification management of enterprises, individual industrial and commercial households, and commodity trading markets, research, analyze and publish basic registration information of market entities, trademark registration information, etc. in accordance with the law, and provide information services for government decision-making and the public. (12) Responsible for the service, supervision and management of the business activities of individual industrial and commercial households and private enterprises. (13) Carry out international cooperation and exchanges in industrial and commercial administration. (14) Lead the national industrial and commercial administrative work. (15) Undertake other matters assigned by the State Council.
What is duration
Agreed mortgage period
Can the parties agree on the mortgage period in the mortgage contract or the mortgagee fails to fulfill the agreed mortgage period? If the mortgage right arises, the right to realize the mortgage right will be lost? This issue is worthy of study. According to the principle of legal property rights, the type and content of property rights are stipulated by law rather than agreed by the parties. Article 12 of the "Interpretation of the Security Law" also stipulates that the guarantee period agreed by the parties has no legal effect on the survival of the security property rights. However, the law does not prohibit the mortgagee from voluntarily giving up his mortgage rights. The law does not prohibit any right holder from disposing of his or her rights if it does not violate public interests or damage the legitimate rights and interests of others. There is no doubt that during the existence of the mortgage right, if the mortgagee's unilateral abandonment of the mortgage right does not harm the interests of the mortgagee's creditors or the interests of the public, there seems to be no need for the law to interfere. So, can the mortgagee agree in the mortgage contract to give up the mortgage right under certain conditions? Can the agreed mortgage period be regarded as a way for the mortgagee to automatically give up the mortgage rights? Why is the mortgagee's act of unilaterally giving up the mortgage right not subject to legal interference, but the act of giving up the mortgage right when certain conditions are met in the mortgage contract is subject to legal interference?
Therefore, when the agreed mortgage period is regarded as violating the legal principle of property rights, it does not seem to be protected by the law. However, if the agreed mortgage period is regarded as a conditional abandonment of the mortgage right, it should be Get legal support. Therefore, it should be recognized that under certain circumstances, the agreement of the parties can be regarded as the mortgagee's conditional abandonment of the mortgage right, and can be the reason for the elimination of the mortgage right.
Reference material: bbs.chinalands/printpage.asp?BoardID=2&ID=287
The business license has been published. What does it mean to check the registration status online and show that it is still alive?
If the business license shows that the company is still operating, it means that the company is operating normally
What does the legal term for the duration of a marriage mean?
Hello, it refers to the time from the time of receiving the marriage certificate to the time of receiving the divorce certificate. The period in between is the duration of the relationship between husband and wife protected by the marriage law;
Except The difference between the expulsion period and the duration period
The difference between the statute of limitations and the expulsion period:
1. Differences in institutional value. Although both the statute of limitations period and the expulsion period have the effect of urging right holders to actively exercise their rights, due to the difference between the right to form and the right to claim, they still have different value orientations. The reason why the law sets an expulsion period is to urge the right holder to promptly correct the flaws in his or her expression of intention, and at the same time to urge the parties to promptly assist in civil actions whose validity is yet to be determined. By applying the provisions of the exclusion period, what is eliminated is the right of formation itself. After the unstable state of the rights is eliminated, a new order will not be formed, but the original order will continue to exist. While the statute of limitations eliminates the right to public relief that is neglected to be exercised, the right to claim itself is not eliminated. After the unstable state of rights is eliminated, a new order will be formed. Therefore, the statute of limitations is the protection of the new order.
2. The scope of application is different. That is, the objects are different. The statute of limitations mainly applies to claims for debts; the expulsion period mainly applies to rights of formation, and may be used to claim rights in accordance with legal provisions under special circumstances. It is precisely because of the different scopes of application that the statute of limitations and the expulsion period have different characteristics in use. Since the scope of the right of claim is much larger than the right of formation, the provisions of the statute of limitations should be placed in the general provisions of the Civil Code and stipulated abstractly. The exclusion period should be specifically stipulated according to the specific content of the restricted formation right.
3. The constituent elements are different. The statute of limitations requires both the passage of a statutory period and the fact that the obligee does not exercise his rights; while the exclusion period has only one component, which is the passage of a certain statutory period.
4. The legal effects are different. The legal effect of the statute of limitations does not extinguish the substantive rights themselves, but only has the effect of extinguishing the rights protected by the court or generating the right of defense. After the expiration of the statute of limitations, the original right of claim becomes a "natural debt." The expulsion period is essentially a period of existence of rights. Once the period expires, the right itself will be directly eliminated. After the expulsion period, the power itself ceases to exist. After the expiration of the limitation period, the obligor's act of abandoning the benefits of the limitation period can be regarded as creating certain rights. From a legal effect point of view, the statute of limitations will produce the effect of the right of defense, and the expulsion period is the duration of the right, and the expiration of the period will cause the extinguishment of the right.
5. The starting time is different. The limitation period is generally calculated from the date when the right holder is able to exercise the right to claim. If the right holder is unable to exercise the right to request legal protection, the limitation period generally does not start to be calculated; the exclusion period is generally calculated from the date the right is established. As for the right holder, Whether or not you can exercise your rights generally does not affect the calculation of the period.
6. Period flexibility is different. The statute of limitations is a variable period in nature and can be suspended or interrupted due to legal reasons, and can also be extended under exceptional circumstances. The nature of the exclusion period cannot be applied to suspension, because the fact that caused the interruption is the right holder's behavior of exercising the right. The exclusion period mainly targets the right to form, and once the right to form is exercised, the right will also be terminated accordingly. creation and elimination, so there is no need to recalculate the duration of the right.
7. There are differences in whether the parties are allowed to make self-stipulations. The expulsion period can be statutory or agreed. The statutory period is the exercise period of the right to cancel a revocable legal act, and the agreement is the period for the exercise of the right to terminate a contract as agreed by both parties. However, the statute of limitations is a statutory period and the parties shall not be allowed to do so. Changes to the agreement.
8. Whether the court is allowed to voluntarily invoke differences.
The defense of statute of limitations can only be invoked by the parties in litigation, and the court shall not take the initiative to review it ex officio; as for the expiration period, since its expiration will lead to the elimination of substantive rights, in order to protect the interests of the right holder, the court should proactively make decisions in accordance with the law. review.
9. The legal provisions are expressed differently. As for the statute of limitations, legal provisions are generally expressed directly as "limitation of time", or as how long a certain right of claim will be extinguished or unprotected if not exercised, etc.; for the exclusion period, legal provisions are generally expressed only as a certain right, For example, if the right of revocation lasts for a long time, or how long it will be extinguished if it is not exercised, or within what period it should be exercised.
The statute of limitations refers to a system in which the rights holder whose civil rights have been infringed does not exercise his rights within the statutory limitation period. When the statute of limitations expires, the people's court will no longer protect the rights of the rights holder. If the obligee makes a request within the statute of limitations stipulated by law, the people's court will force the obligor to perform the obligations assumed. After the expiration of the statutory statute of limitations, if the right holder exercises the right to claim, the people's court will no longer provide protection. It is worth noting that the long pipe worships the locust... >>
What is the meaning of legal termination
The labor contract will be terminated under any of the following circumstances:
(1) The labor contract expires;
(2) The employee begins to enjoy basic pension insurance benefits in accordance with the law;
(3) The employee dies or is The court declares death or missing;
(4) The employer is declared bankrupt in accordance with the law;
(5) The employer has its business license revoked, ordered to close down, cancelled, or terminated The unit decides to dissolve early;
(6) Other circumstances stipulated by laws and administrative regulations.
Urgent! ! In the "Partnership Laws", what are the duration, unknowing third parties and hostage?
Because there is no specific law indicating where it comes from, I will give a rough explanation. In law, the duration refers to the validity period of a contract or right, which is the period within which the contract or right is legally valid or agreed to be valid.
The uninformed third party is relative to the informed third party. For example, an informed third party means knowingly purchasing an item or right that is legally defective and will harm the rights and interests of the relevant person. An uninformed third party has performed the same legal act without knowing it at all. The so-called ignorant person is not to blame. In law, an uninformed third party will not be punished, while an informed third party will not be punished. The party will be jointly and severally liable for compensation, etc.
Pledge, that is, pledge, is divided into property pledge and power pledge, which means handing over all your items or rights as collateral.
What does the 13-year housing loan duration mean? Hurry, hurry, hurry!
According to the Marriage Law and Judicial Interpretations II and III, if a house is purchased before marriage and is registered in the name of one party, it will definitely be the personal property of the other party.
At the same time, if parents give gifts to their children and only write his name, it is definitely a gift to him personally, and it occurs before marriage. There is no doubt about this. It is not that husband and wife share the same property.
At the same time, since it is the other parent’s investment, the real estate is a large amount of money, so the rights and interests of the investor must be protected. As a third party who has not contributed money, in fact, if the couple is anxious to buy a house in the future, it would not be more convenient to write the names of two people. Okay.
Some of the answers from friends above may be wrong. According to the new marriage law, pre-marital property does not change based on the duration of the marriage, nor does the number of years of marriage! Secondly, even if there is a loan on the property, it is still a personal debt of the man. The repayments are jointly borne by both parties during the marriage. If it involves the division of property in divorce, the other party must be compensated based on half of the loan repayment amount without changing the ownership of the property.
What is duration? Are the statute of limitations and the expulsion period both durations?
In law, the duration refers to the validity period of a contract or right, that is, it is legally valid or agreed to be valid within this period.
The statute of limitations refers to a system in which the rights holder whose civil rights have been infringed does not exercise his rights within the statutory limitation period. When the statute of limitations expires, the people's court will no longer protect the rights of the rights holder. If the obligee makes a request within the statute of limitations stipulated by law, the people's court will force the obligor to perform the obligations assumed.
After the statutory statute of limitations expires, if the right holder exercises the right to claim, the people's court will no longer provide protection.
The exclusion period refers to the period during which certain civil substantive rights exist according to the law. If the obligee does not exercise the corresponding civil rights within this period, the civil rights will be extinguished when the legal period expires. For example, the "Inheritance Law" stipulates that if the legatee does not express his intention to accept the legacy within two months after knowing about the legacy, he will be deemed to have given up the legacy. The two months here are the exclusion period.
What does "the administrative agency shall not revoke the administrative act when the beneficiary has an interest worthy of protection for its survival"
Reliance on the protection principle