01
2025-08
This article further examines frequently encountered disputes in practice, building upon the previous article, "Legal Practice and Judicial Rules on the Ownership and Return of Public Benefits in Residential Communities (I)", which mainly addresses disputes concerning the determination of litigation entities, the amount of public benefits, and the determination of the amount of public benefits that should belong to all owners in disputes over the ownership and return of public benefits in residential communities.
2025-08-01
01
2025-08
Against the backdrop of a declining economy, the abuse of corporate legal personality and limited shareholder liability by controlling shareholders or actual controllers, and the evasion of debts in the form of related companies, is increasing. How to protect the interests of creditors by denying the personality of related companies has become a problem. Although Articles 20 and 63 of the original Company Law did not involve the denial of the personality of related companies, cases in judicial practice protecting the interests of creditors by denying the personality of related companies are numerous. The most typical example is Guiding Case No. 15 issued by the Supreme People's Court, but this case did not solve the problem of lack of legal basis in judicial judgments. Article 23 of the new Company Law provides a clear legal basis for the denial of the personality of related companies. The horizontal denial of the personality of related companies can be basically divided into types such as "personality confusion", "improper benefit transfer under related relationships", and "improper asset transfer under actual control". This article conducts an empirical study on "personality confusion", the most common type among these types, and combines the first successful case of denial of the personality of a related company in a certain district of Jinan City that the author handled after the implementation of the new Company Law, to actively explore the evidentiary standards in judicial practice, in order to protect the legitimate rights and interests of creditors and provide valuable reference for the handling of similar cases in the future.
2025-08-01
01
2025-08
In bankruptcy proceedings, recovering unpaid or withdrawn capital contributions from shareholders is a crucial way to replenish the debtor's assets and ensure fair compensation for creditors. After the 2014 Company Law established the subscribed capital registration system, a large number of companies have had the phenomenon of inflated registered capital and excessively long shareholder contribution periods, leading to practical difficulties for bankruptcy administrators in recovering capital contributions, such as high litigation costs and difficulties in enforcement. How to efficiently and cost-effectively achieve debt repayment has become a challenge for bankruptcy administrators in performing their duties.
2025-08-01
28
2025-07
On July 24, Zhou Yueyi, Assistant Secretary-General of the Shandong Branch of the China International Economic and Trade Arbitration Commission (hereinafter referred to as "CIETAC"), visited the Jinan office of Zhongcheng Tongtai for a meeting and exchange, offering suggestions for improving arbitration services and optimizing the business environment. Li Hongxu, case secretary of the Shandong Branch of CIETAC, and staff members Zhang Jialin, Fan Xinyi, and Wei Xiaohan also visited. Geng Guoyu, director of the Jinan office of Zhongcheng Tongtai and CIETAC arbitrator; Yu Peng, senior partner and director of international business of the Jinan office; Su Na, partner and director of the international business center; partners Wang Yangbai and Xue, and lawyer Qiu Xueda warmly received them.
2025-07-28
25
2025-07
As a key strategic move in the national strategic layout, the Macao bond market has been accelerating its transformation from a regional financial hub to a "new fulcrum" in the global RMB internationalization process, driven by both central government policies and the Macao SAR government, with offshore RMB bonds as its core driver. On July 16, 2025, the Ministry of Finance issued RMB 60 billion in government bonds in Macao, setting a new record for single-issue size and achieving an oversubscription rate of 6.1 times. The introduction of the 10-year bond for the first time filled the gap in Macao's long-term bonds. This milestone event marks the entry of Macao's offshore RMB bond market into a new stage of high-quality development. Why are more and more units or enterprises choosing to issue offshore RMB bonds in Macao? What are the advantages of this choice and how is it operated? This article will answer these questions.
2025-07-25
25
2025-07
On July 23, 2025, the Supreme People's Court issued the "Interpretation of the Supreme People's Court on the Application of Laws in the Trial of Cases of Objections to Enforcement" (hereinafter referred to as the "Interpretation"), which came into effect on July 24, 2025. The Interpretation consists of 23 articles, the core of which is to standardize the trial procedures and substantive judgment rules for "objections to enforcement" cases, protect the legitimate rights and interests of third parties, and prevent parties from evading enforcement through false litigation. An objection to enforcement is a lawsuit in which a third party (outsider) claims substantive rights to the subject matter of enforcement during the process of enforcement, thereby requesting the exclusion of enforcement. Involving complex conflicts of interests such as the realization of creditors' rights, the determination of the scope of the property of the debtor, and the protection of the property of outsiders, it has always been a difficult point in enforcement practice. The Interpretation, in conjunction with the Civil Code, the Civil Procedure Law, the Enterprise Bankruptcy Law, and other current laws and regulations, provides detailed provisions for difficult issues in judicial practice, which is of great significance for unifying judicial standards, coordinating the connection between trial and enforcement, and curbing false litigation. This article will interpret and analyze the 23 provisions of the Interpretation one by one, and analyze the practical points of key clauses.
2025-07-25
25
2025-07
With the rise of original short videos on platforms like Douyin, Toutiao, and Tomato, and the increasing use of links in these videos to drive traffic to live streams, more and more MCN companies are investing heavily in pre-streaming videos. This requires not only good copywriting, creativity, actors, filming, and editing, but also significant investment in traffic acquisition. However, there have been numerous cases of these promotional short videos being stolen, with others replacing the links in the videos with links to other similar live streams, diverting consumers to their own live streams and guiding them to make purchases, thus gaining substantial illicit profits. Regarding whether such acts constitute infringement, how to protect rights, and how to prevent such acts in the future, the author offers the following suggestions for reference.
2025-07-25
24
2025-07
In recent years, disputes over community public benefits have gradually become a hot issue in the field of property management. This article sorts out and discusses the legal and practical issues involved in the ownership and return of community public benefits, providing a reference for property service enterprises in handling disputes over public benefits.
2025-07-24
11
2025-07
Following the publication of the second article in this series, several readers and colleagues expressed keen interest in the connection between Macao and Mainland China's laws and practices regarding marriage and inheritance. Therefore, this article will focus on the applicable legal rules in Macao and Mainland China concerning marriage and inheritance. Through legal interpretation and real-world cases, it will systematically examine the forms of legal conflict between the two regions and the practical approaches to bridging them, using typical scenarios such as cross-border marriage formation, recognition of divorce validity, and the applicable law for inheritance. As an important component of Macao's legal system, the marriage and inheritance system continues the traditional characteristics of the civil law system, but also forms a unique interactive relationship with Mainland China's laws under the framework of "One Country, Two Systems." Clarifying the differences and coordination mechanisms between the two is of significant practical importance for the smooth development of cross-border civil and commercial activities.
2025-07-11
11
2025-07
Perspective | How to Identify and Eliminate the Obstacles of False Leasing in the Execution Phase
In enforcement proceedings, the phenomenon of debtors and third parties colluding to fabricate lease contracts to obstruct enforcement is becoming increasingly frequent, seriously affecting the success rate and efficiency of judicial auctions. This so-called "false lease" usually uses the "lease is not broken by sale" rule in the Civil Code to resist enforcement, attempting to make the lease relationship take precedence over the realization of rights such as seizure and mortgage, thereby delaying and obstructing the applicant from realizing their claims. A legal system that should protect the rights and interests of bona fide lessees is being abused by illegal elements as a tool to evade debts and obstruct enforcement, resulting in the difficulty for applicants to realize their winning rights in a timely manner. This false lease behavior is highly concealed and deceptive. On the surface, it often has a complete written lease contract, seemingly making "lease rights superior to seizure", causing difficulties for the executing court. However, in essence, such lease relationships are mostly maliciously fabricated by the parties involved, lacking a real transaction basis, and are essentially invalid legal acts. Judicial practice should accurately identify and severely regulate such false leases that obstruct enforcement, in order to maintain the normal order of judicial auctions and protect the legitimate rights and interests of creditors.
2025-07-11
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
