Lawyer team

He is familiar with minerals, land and other natural resource disputes, ecological environment and other fields, and focuses on the research of regulations and policies in the field of mining enterprises and expropriation and compensation, and has a certain composite knowledge structure.

While working at a central enterprise (mining enterprise), he was responsible for the daily legal affairs and compliance management of the enterprise; he has rich work experience in handling corporate litigation and arbitration cases, corporate governance, investment and mergers and acquisitions, mining enterprise acquisitions, due diligence investigations, bidding management, etc.

Since working in the law firm, I have concentrated on handling cases such as land planning, land and housing expropriation compensation, land ownership disputes, illegal construction identification, etc., and handled more than 40 related rights protection cases in Beijing, Shanghai, Anhui, Henan, Shenzhen, Guangdong, Inner Mongolia, Jilin, Hubei, Sichuan and other places.

(1) Litigation business:

1. A dispute over the equity (mining rights) transfer contract of a central enterprise

A company in Jilin was established with investment from four natural persons. The company holds three exploration rights, all of which are within the validity period of the mineral rights. After discussion by all parties, the four small shareholders decided to transfer part of their equity to a central enterprise group company. At this point, the State-owned Enterprise Group Co., Ltd. holds 51% of the equity of a company in Jilin, and has fully taken over and exercised control over a company in Jilin. Later, due to the interference of small shareholders in the operation and obstruction of the extension of mining rights, two exploration rights of a company in Jilin were lost due to non-renewal.

In July 2014, four small shareholders filed an arbitration petition with the China International Trade Arbitration Commission on the grounds that the value of their equity was severely diminished, requesting a state-owned enterprise group company to compensate the four small shareholders for a total of 550 million yuan in losses. The arbitration case went through 3 appraisals, 6 hearings, adjournments and other procedures. In February 2020, CIETAC issued (2020) CIETAC Jingcai Zi Award No. 0265, ruling that a central enterprise group company should compensate four small shareholders in total 150 million yuan. Later, a central enterprise group company filed an annulment procedure with the Beijing Fourth Intermediate People's Court. Finally, the Fourth Intermediate People's Court submitted to the Supreme People's Court for review and approved the cancellation of the arbitration award on the grounds that the CIETAC arbitration proceedings "violated statutory procedures." At this point, a seven-year-old equity transfer dispute case ended in victory for a central enterprise group company.

Summary: This arbitration procedure is the main procedure in equity disputes. In the past seven years, it has been supplemented by the initiation of civil breach of contract litigation procedures, administrative reconsideration procedures for restoration of mineral rights, etc. The use of cross-civilian methods can take the initiative in the arbitration procedures and revocation procedures, resolve major corporate risks to the greatest extent, and avoid the loss of state-owned assets.

2. A case involving a dispute over compensation for overwriting of mining rights in Gansu

A mining company in Gansu is a third-level subsidiary of a central enterprise and holds a molybdenum exploration right covering an area of 5.66 square kilometers. During the validity period of the mining rights, a mining company in Gansu received a notice that the Tianping Expressway was planning to overwrite the exploration rights. Later, the highway construction company negotiated with a mining company in Gansu many times and promised to provide it with financial compensation in accordance with national regulations, and issued a "Commitment Letter of Compensation for Overburdened Mineral Resources" to a mining company in Gansu. Four years later, the suppressing party shied away from the compensation issue for various reasons. Later, it guided a mining company in Gansu to file a civil lawsuit with the court and proposed to carry out exploration rights evaluation during the lawsuit. After many rounds of negotiations, the overturning party finally agreed to pay compensation for the overturning of the mineral rights according to the assessed value and bear all litigation costs of the case. The court issued (2019) Gan 95 Minchu* Civil Mediation Letter to both parties in accordance with the law.

3. Cancellation of the "Census Report of a Copper-Arsenic Mine" administrative reconsideration case of mineral resource reserve review and filing certification - this administrative reconsideration was rated as one of the top ten typical cases of administrative reconsideration by the Ministry of Land and Resources in 2017

On March 22, 2013, a Qinghai Copper Co., Ltd. (Party A) and a Shenzhen technology company (Party B) signed a "Contract for the Transfer of Exploration Rights of a Copper-Arsenic Mine". Party A obtained the exploration rights after paying the corresponding price. During the subsequent exploration process, Party A discovered that the "Census Report" prepared by Party B was a false geological report. The copper-arsenic mine had no exploration and development prospects, and Party A suffered heavy losses in property rights. Party A immediately submitted an "Application" to the Qinghai Provincial Department of Land and Resources, requesting the cancellation of the review opinion and review filing certificate. In view of the fact that there has been no reply, Party A was immediately instructed to file an administrative review with the Ministry of Land and Resources. During the administrative reconsideration, Party A submitted a large amount of evidence that the "Census Report" was produced by three staff members of a certain geological prospecting institute who colluded with Party B to privately engage in copper and arsenic mine census work and compile the census report in the name of their own unit. After review, the review authority determined that the Census Report contained serious fraud. It was within the legal scope of the Qinghai Provincial Department of Land and Resources to revoke the review opinion and the filing certificate, and ordered it to perform its statutory duties. Later, the Qinghai Provincial Department of Land and Resources implemented the administrative reconsideration decision of the Ministry of Land and Resources in accordance with the law and made the "Decision to Cancel the Review and Filing Certificate."

(2) Non-litigation business

1. Regarding legal due diligence methods and precautions for mining projects: First, legal due diligence focuses on the basic information of the target company, corporate governance and history, shareholders and equity status, mining rights and mining facilities, relevant approval documents for mining construction projects, major assets, financial conditions, external investments (subsidiaries, branches) , affiliated companies), major contracts, labor and personnel, safety and environmental protection, litigation and arbitration and administrative penalties, contingent liabilities, etc.; the second is to discover the existing risks or hidden risks of the target company and the mineral rights projects to be acquired, and propose solutions to prevent risks; the third is to provide support for determining the transaction model (equity mergers and acquisitions/mining rights mergers and acquisitions/gambling terms) and designing transaction structures.

2. Permanent legal advisory services

Focus on the following areas: First, the management of mining rights (acquisition, extension transfer, mortgage registration), resolution of ownership disputes, overlapping mineral rights, etc., and whether they are within the scope of ecological red lines and nature reserves; second, research and analysis of laws, regulations, and policy documents issued by national and local governments, focusing on the impact of new policies on enterprises, and analyzing the pros and cons ; The third is administrative dispute resolution, dealing with penalties from relevant local administrative agencies, assisting in initiating administrative reconsideration and litigation procedures, etc.; The fourth is contract review, such as land shareholding agreements, equipment procurement, outsourcing construction, labor and employment agreements, etc., providing legal opinions on major issues that arise in business operations, and issuing legal service opinions with the basis and documents for investigation and production.

1. Case of dispute over cancellation of house ownership registration on state-owned land

In November 2023, the People's Government of Luohu District, Shenzhen City planned to expropriate the client's single-family villa. After the district government delivers the expropriation decision to the client, the Real Estate Registration Center immediately cancels the property ownership certificate of the house involved in the client's case. After the lawyer learned about the relevant circumstances, while filing an administrative lawsuit against the expropriation decision, he also immediately filed an administrative lawsuit against the cancellation of the house property certificate. It is planned to create as many conditions as possible for both parties to resolve their differences through the initiation of legal proceedings and the intervention of judges. After continuous coordination with the district government and the court, the client reached a compensation agreement with the expropriating party during the litigation process, and received monetary compensation and house replacement. The client was very satisfied with this outcome.

2. Compensation dispute case for buildings and structures within the expropriation red line

The land and buildings of a party in a county in Jilin City, Jilin Province were included in the red line due to the impact of the construction project, but they did not receive reasonable compensation. The lawyer collected favorable evidence through information disclosure and administrative review, prompting the city government to require the county government to fulfill its resettlement and compensation responsibilities. In addition, the lack of environmental protection acceptance report of the construction project was used to force the construction party and the client to sign a "Letter of Intent for Compensation", which maximized the protection of the client's legitimate rights and interests and properly resolved the dispute.

3. Illegal case of forced demolition of buildings

In a case of forced demolition of above-ground buildings and structures in Pingdingshan City, Henan Province, the client's legal building was illegally demolished by an administrative agency. The client was guided to file a lawsuit against the illegal administrative behavior of forced demolition of buildings and structures, and successfully collected evidence to prove that the administrative agency was the subject of the forced demolition. The first instance confirmed that the accused administrative act was illegal, but there were potential risks in determining the nature of the building structures. Therefore, the lawyer further initiated a second instance to ensure that the client's building structures would not be regarded as illegal structures and lay the foundation for subsequent compensation procedures. The client was very satisfied with the service process and presented a pennant to express his gratitude before the case was concluded.

Lawyer Zhang Jing graduated from Tianjin Normal University majoring in law and has a profound legal theoretical foundation and rich practical experience. She focuses on administrative disputes in the field of mineral resources and housing demolition, and has unique insights into the research on regulations and policies of mining companies. Attorney Zhang not only has a comprehensive knowledge structure, but also accumulated a lot of experience in corporate legal affairs and compliance management during his work in central enterprises, especially in corporate governance, litigation, investment and mergers and acquisitions, etc., with outstanding performance.

From the perspective of the client, an excellent lawyer is not only a solver of legal problems, but also a comforter and supporter of the soul. For the parties, the ideal lawyer should be someone who can think about the problem from their perspective, understand their confusion and needs, and go all out to fight for their maximum rights. Lawyer Zhang Jing is just such a lawyer. Her professionalism, rigor and pragmatism in handling cases are well received by clients. For example, in the case of forced demolition of houses on collective land in Pingdingshan City, Henan Province, lawyer Zhang relied on his professional legal knowledge and keen insight to successfully identify the illegal subjects and help the client win a fair judgment in the face of pushback from the sub-district office in Pingdingshan City, Henan Province; and in the collective land expropriation compensation dispute case in a county in Jilin City, lawyer Zhang obtained a reasonable compensation plan for the client through detailed information collection and precise legal analysis.

Attorney Zhang Jing has won high praise from many clients for her outstanding professional abilities and heart-warming service attitude. Just as a client sends a banner to express gratitude before the case is completely concluded, this is not only recognition of Attorney Zhang’s work, but also a good wish for her future professional career.