01
2025-09
On April 27, 2007, Company A and Company B jointly invested to establish Company C. Mr. Sun was appointed by Company A to serve as a director of Company C. According to the company's articles of association, Mr. Sun was elected chairman of the board by the board of directors, becoming the legal representative of Company C. On December 28, 2023, Mr. Sun resigned from Company A, and both parties signed a "Certificate of Termination and Cancellation of Labor Contract." On January 2, 2024, Mr. Sun signed a "Labor Contract" with Company D. From January 2024 to July 2025, Company D paid social insurance for Mr. Sun. After being transferred to a new position at Company D in January 2024, Mr. Sun sent letters to Company C and the two shareholders regarding his resignation and the change of chairman and legal representative of Company C, but received no response. On June 5, 2025, Company A, following legal procedures, organized an extraordinary shareholders' meeting of Company C and passed a resolution agreeing to Mr. Sun's resignation as legal representative and chairman of Company C. However, Company B did not attend the meeting nor vote. Company C refused to process the change of legal representative registration. Having exhausted all internal means to change the legal representative and chairman, Mr. Sun filed a lawsuit against Company C in court on June 30, 2025.
2025-09-01
01
2025-09
The "Measures for the Acceptance, Discounting, and Rediscounting Management of Commercial Bills" provide a conceptual explanation of bill discounting, which refers to the act of the bill holder transferring the bill to an institution qualified for loan business by paying a certain interest before the commercial bill's maturity date. The so-called private discounting, commonly known as "ticket flipping" or "ticket collection," refers to the act of the commercial bill holder selling the bill at a discount to enterprises or individuals without discounting qualifications. This article explores the risks and responsibilities of private discounting of bills from both criminal and civil perspectives.
2025-09-01
29
2025-08
Audiences who have watched "Cold War," "P Storm," or "Infernal Affairs" are likely familiar with scenes like this: an investigator from the Independent Commission Against Corruption (ICAC), dressed in a dark suit, shows their badge and says in a serious tone, "We are the ICAC, please assist with the investigation now." Or in a closed interrogation room, investigators relentlessly question about corruption evidence, with slogans like "Integrity, Honesty, Professionalism" prominently displayed on the wall.
2025-08-29
29
2025-08
In reality, many couples register property ownership as joint tenancy with specified shares clearly recorded in the real estate ownership certificate. So, can the house be divided directly according to the registered shares upon divorce? According to Article 303 of the Civil Code of the People's Republic of China, co-owners can divide the property according to the agreed proportions. However, if there are disputes regarding marital property agreements, contribution ratios, or the authenticity of the co-ownership relationship, a comprehensive judgment must be made based on written agreements, actual contributions, and judicial review results.
2025-08-29
28
2025-08
Viewpoint | A Brief Discussion on Service of Process Issues in Foreign-Related Civil Litigation
In a recent unfair competition lawsuit I represented, Defendant One, a natural person A, was a former employee of Company B, and Defendant Two, Company C, is a direct competitor of Company B. Company B believed that Defendants One and Two jointly engaged in unfair competition, thus filing a lawsuit against both defendants in court. Since A voluntarily renounced Chinese nationality and acquired foreign citizenship, A appeared in the lawsuit as a foreign national, involving service of process in foreign-related matters. The court was very cautious about this; the presiding judge communicated with me multiple times regarding the service of process, requesting relevant evidence to facilitate the court's service. After considerable effort, the evidence collection was successfully completed, and service was properly effected, allowing the litigation to proceed. Here is a brief summary of the service of process issues in foreign-related civil litigation for colleagues' reference.
2025-08-28
28
2025-08
The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Concealing and Disguising Criminal Proceeds and Criminal Proceeds Income" (Fa Shi [2025] No. 13) (hereinafter referred to as the "New Interpretation") has made significant improvements and innovations in the standards for conviction, sentencing, and legal application of the crime of concealing and disguising criminal proceeds and criminal proceeds income. This crime is the most common type of money laundering offense in practice, often closely linked downstream to upstream crimes such as telecom network fraud and online gambling. Building on the experience of the 2015 judicial interpretation (Fa Shi [2015] No. 11) and its 2021 amendment decision (Fa Shi [2021] No. 8), the New Interpretation addresses new situations and issues encountered in recent case handling by strictly defining "knowing awareness," integrating comprehensive standards for criminalization, refining the amounts for aggravating circumstances, and adding provisions for lenient punishment, thereby further unifying the standards of adjudication. This article provides a clause-by-clause original text explanation and application analysis of the New Interpretation in conjunction with relevant laws such as the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and the Anti-Money Laundering Law of the People's Republic of China, for practical reference.
2025-08-28
26
2025-08
To urge dishonest judgment debtors to actively fulfill their debts, the court has adopted various credit punishment and restriction measures, among which the most common is the restriction on high consumption order. The purpose of the high consumption restriction order is to prohibit the judgment debtor from making high-value expenditures that are not necessary for daily life and work, to prevent improper dissipation of their assets, and to encourage them to repay debts as soon as possible. However, with the expansion of the scope of enforcement measures and the strengthening of enforcement efforts, some dishonest judgment debtors attempt to evade the constraints of the high consumption restriction order by exploiting management and technical loopholes. A particularly concerning issue is whether judgment debtors subject to high consumption restrictions can bypass information monitoring based on resident ID cards by using passports or other entry-exit documents, thereby continuing to travel by airplane, high-speed train, and other means of transportation.
2025-08-26
25
2025-08
Hong Kong's civil law and civil procedure system is based on common law, combined with localized legislation and judicial practice, forming a legal system that is both rigorous and flexible. Through specific judicial cases, one can clearly observe the underlying logic and practical operation of its system design. This article selects several typical cases from Hong Kong courts in recent years and analyzes them from four dimensions: contract law, tort law, marriage and family law (including the Zong Qinghou inheritance case), and civil procedure, revealing the refined characteristics and judicial wisdom of Hong Kong's legal system.
2025-08-25
25
2025-08
In a divorce agreement where the property is assigned to one party and the mortgage is borne by that party, this agreement is only effective between the spouses and cannot be enforced against banks or other creditors. Both parties remain jointly liable for joint debts, but after one party actually repays, they may seek reimbursement from the other party according to the agreement.
2025-08-25
25
2025-08
With the acceleration of the aging process in our country, the issue of no heirs to inherit the estate after the elderly pass away has become increasingly prominent. Data from the seventh national census shows that the number of elderly living alone or as empty nesters has exceeded 118 million. Many of these elderly leave behind complex inheritance disputes after their death, involving various assets such as deposits, real estate, and digital assets, often entangling distant relatives, creditors, and elderly care institutions in multiple rights and interests conflicts.
2025-08-25
Zhongcheng Qingtai Jinan Region
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