19
2025-08
股权作为公司法上的特殊财产形式，其强制执行具有复杂性和不确定性。由于股权的非公开性、价值难评估等特点，常呈现“评估难、拍卖难、关联繁多”的执行困局。为破解股权执行难题，近年来，我国修订《公司法》并出台专门司法解释——《最高人民法院关于人民法院强制执行股权若干问题的规定》，明确了股权执行的基本规则与操作程序。本文结合法律法规及实务经验，系统分析股权强制执行的法律框架、各阶段的争议焦点及难点、典型案例的裁判逻辑，就国有股权、自行变价、未履约出资等特殊问题进行分析，并对股权执行制度完善路径提出思考。
2025-08-19
15
2025-08
港澳法视界｜香港法律制度介绍（一）——《基本法》以及基本司法制度
随着中国内地与香港特别行政区在经济、贸易、文化等领域的交流与合作日益频繁，尤其是在粤港澳大湾区建设的推动下，两地之间的跨境投资、商业往来和人员流动愈发密切。在这一背景下，深入了解香港的法律制度不仅是保障跨境合作顺利进行的前提，更是规避法律风险、维护自身合法权益的关键。香港作为一座高度国际化的城市，其法律制度既承载着独特的历史印记，又在“一国两制”的框架下形成了鲜明的特色。从历史发展来看，香港的法律制度经历了多次演变，从早期的封建法制到殖民时期的普通法体系，再到回归后的自治法制，每一个阶段都为其现行制度奠定了基础。而《中华人民共和国香港特别行政区基本法》（以下简称《基本法》）作为香港法律体系的基石，更是在维护国家主权、保障香港高度自治方面发挥着不可替代的作用。与此同时，香港的司法制度以其独立性、专业性和公正性享誉全球，成为支撑其国际金融中心和商贸枢纽地位的重要支柱。由于澳门（大陆法系）和香港（英美法系）属于两个不同的法律体系，二者各领域的法律制度存在较多显著区别，但如同澳门法律制度介绍系列一样，本文将先从香港法律制度的历史演进入手，详细解读《基本法》的核心内容，并系统介绍香港的基本司法制度，以期为关注香港法律环境的各界人士提供全面的参考。
2025-08-15
13
2025-08
视点｜移民必看！个人财产转移全攻略（二）：合法合规“带钱出国”之继承财产转移
上文提到了办理移民转移的相关材料和步骤，《个人财产对外转移售付汇管理暂行办法》还规定了另一种跨境转移方式，即继承财产转移。本文为您全面解析“继承转移”的操作要点，让您的资产传承省心省力！
2025-08-13
08
2025-08
港澳法视界｜澳门法律制度介绍（六）——对澳投资的法律与实务解析
澳门作为“一国两制”下的自由港和国际金融中心，凭借低税率、开放的外资政策及与内地紧密的经贸联系，成为内地企业拓展国际市场的重要枢纽。近年来，随着《横琴粤澳深度合作区建设总体方案》的推进，内地与澳门在投资、金融、产业等领域的协同效应持续释放，为内地企业通过澳门“走出去”提供了制度性机遇。深入了解澳门的投资法律环境、实操路径及税务规划，对内地企业实现高效合规的跨境布局至关重要。
2025-08-08
08
2025-08
视点｜移民必看！个人财产转移全攻略（一）：合法合规“带钱出国”之移民财产转移
With the acceleration of globalization, an increasing number of high-net-worth individuals are choosing to immigrate or settle abroad. However, how to legally and compliantly transfer domestic property overseas has become a challenge for many. Improper operation may face foreign exchange controls, tax inspections, and even legal risks. As a lawyer, I will explain the key points of "Immigration Transfer in the Transfer of Personal Property Abroad" today to help you complete cross-border asset allocation safely and efficiently!
2025-08-08
06
2025-08
Perspective | Identifying and Combating Quick Money Scams
“Fast Recruitment” is a colloquial term that has recently become popular among the public to refer to business models such as “fast recruitment” or “fast franchise”. It generally refers to unscrupulous businesses that use high returns, low thresholds, and quick return on investment as promotional gimmicks to attract a large number of franchisees or agents through rapid large-scale recruitment, engaging in large-scale, short-term “money-making” operations to defraud investors of franchise fees, agency fees, material fees, etc. In recent years, fast recruitment scams have been rampant in the catering industry. Some illegal businesses quickly package brands and exaggerate profit prospects to induce a large number of entrepreneurs to invest in franchises, only to ultimately provide poor service or even abscond with the money. Such scams have caused serious economic losses to franchisees and have attracted close attention from regulatory authorities and judicial organs. This article will analyze the legal characteristics and typical operation modes of fast recruitment scams from a legal perspective, analyze the legal remedies available to franchisees who have encountered such scams, and provide practical approaches and evidence strategies for handling such cases.
2025-08-06
04
2025-08
In June 2023, a company insured 46 of its employees with employer's liability insurance from an insurance company (hereinafter referred to as "the insurance company"), with a death and disability liability limit of 400,000 yuan per person. On November 23, 2023, employee Wang Mou was found dead in the company dormitory by a coworker. The public security organs ruled out homicide, and the cause of death was myocardial infarction. On the same day, the company signed a "Settlement Agreement" with the deceased's family, paying compensation of 200,000 yuan and stating that Wang Mou "died suddenly of illness while resting in the dormitory at night." The company's claim to the insurance company was rejected on the grounds that the death occurred "outside of work hours and outside of the workplace," not meeting the compensation conditions stipulated in the insurance contract. The company disagreed and, based on the provisions of the insurance contract, filed an arbitration with the arbitration commission, requesting the insurance company to pay insurance compensation of 200,000 yuan.
2025-08-04
04
2025-08
Hit and run resulting in death straddles the blurry line between negligence and intent, commission and omission, sparking persistent and profound debates in criminal law theory and practice. The core dispute centers on whether this act should be punished under Article 133 of the Criminal Law, as aggravated circumstances of "hit and run resulting in death", or under Article 232 as (indirect) intentional homicide. One viewpoint argues that the perpetrator's act of fleeing creates a high risk of the victim being subsequently run over and killed. If the perpetrator fails to provide aid and chooses to flee, allowing the victim to die, it should be deemed intentional homicide. Another viewpoint argues that if the perpetrator flees to evade legal consequences after a traffic accident, allowing the death of the victim to occur, it should be classified as a traffic accident and the provision of "death due to fleeing" should apply. This dispute not only concerns the precise deduction of criminal law theory, but also directly determines the severity of the perpetrator's punishment (the difference between the death penalty and a maximum of fifteen years' imprisonment), profoundly affecting the uniformity of judicial judgments and the public's perception of fairness and justice. Clarifying the criteria for determining the subjective mentality behind "death due to fleeing", as well as the source and boundaries of the omission obligation, has become a crucial and unavoidable key to resolving this dispute.
2025-08-04
04
2025-08
On March 1, 2024, the Hong Kong government relaunched the "Capital Investment Entrant Scheme", aiming to attract high-net-worth individuals globally to settle in Hong Kong and revitalize the local wealth management and diversified investment ecosystem. This strategic move has garnered significant international investor attention since its launch, with market response steadily heating up. As of the end of April 2025, Invest Hong Kong had received a total of 1257 applications. The Immigration Department has granted "in-principle approval" to 911 applicants, allowing them to enter as visitors to complete their investments, and has issued "formal approval" to 512 applicants who have fulfilled the investment requirements. It is estimated that the scheme will attract over HK$37 billion in international capital into the Hong Kong market, injecting strong momentum into consolidating Hong Kong's position as a leading global asset allocation center and international financial hub.
2025-08-04
01
2025-08
Perspective | Is "original singer" a legal right?
Recently, singer Zhang and Wang have been embroiled in a heated controversy over the original singer of the song "Annual Rings." This article will not delve into gossip, but will analyze from a legal and commercial perspective the role of the "original singer" and introduce the legal relationship between the copyright holder of a song and the singer.
2025-08-01
Zhongcheng Qingtai Jinan Region
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