01
2025-04
The statute of limitations is the first hurdle in administrative litigation. If an administrative litigation case exceeds the statute of limitations, it means that it cannot Enter the court for trial. This has a significant impact on the rights and interests of the counterparty. This is also true for judicial practitioners, who will bear corresponding legal responsibilities if they fail to meet the deadline. It is particularly important for lawyers. When acting in administrative litigation cases, the first thing to consider when facing client inquiries is the statute of limitations, and one must not allow the client's rights and interests to be damaged due to their own negligence. In recent years, there have been countless cases where lawyers have been sued by clients for huge amounts of compensation due to negligence resulting in defeat in court!
2025-04-01
01
2025-04
On January 13, 2025, local time, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce issued an interim final rule, the "Framework for Artificial Intelligence Diffusion" (hereinafter referred to as the "Framework"), which took effect on January 13, 2025.
2025-04-01
28
2025-03
In the field of real estate joint development, ambiguous land ownership, application conflicts, and defects in the qualifications of the subject often become fatal hidden dangers to the validity of the contract, and are even more likely to trigger a chain of legal disputes. This article uses the development dispute of a community affordable housing project as a starting point, focusing on the two core controversial focuses of "determination of the validity of the main contract" and "feasibility of contract transfer under an invalid contract", to conduct an in-depth legal analysis. By combing through the mandatory regulations of the Land Management Law and the Urban Real Estate Management Law on land properties, Applications control, and joint development contracts, combined with the case judgment rules of the Supreme People's Court, this article systematically demonstrates the invalidity risks faced by the agreement in question due to the mixing of land Applications, lack of planning approval, and the exceeding of authority by the contracting entity; At the same time, it is argued that even if the main contract is invalid, the right to claim the return of property arising from the invalid consequences can still be independently transferred, and the transferee has the right to directly claim rights beyond the original contractual relationship. The research not only provides multi-dimensional path support for developer Ding's claim for the return of the deposit, but also has a certain practical guiding value for clarifying the transfer rules of the derivative rights of invalid contracts.
2025-03-28
28
2025-03
Perspective | A Brief Discussion on Judicial Auctions
In the field of court enforcement, judicial auction has always been the "last mile" in realizing the rights of winning the lawsuit. From real estate worth tens of millions to industrial equipment that has been out of production for many years, these objects, which bear complex interests and disputes, are tested on how to maximize their value in an open and transparent process, which tests the wisdom of enforcement and concerns judicial credibility. With the widespread popularity of online auctions, traditional offline auctions have gradually withdrawn from the stage of history, and a new model of online judicial auctions has quietly arrived. This article mainly elaborates on the court's judicial auction process and some thoughts on lawyers' participation in the judicial auction procedure.
2025-03-28
28
2025-03
Perspective | Protection of Creditor Rights in Bankruptcy Reorganization Procedures
Rehabilitation is a 'restoration and reconstruction' system created in bankruptcy law to save enterprises on the brink of bankruptcy. Its rules are designed to help debtor enterprises overcome difficulties and restore normal production and operation. To a certain extent, the bankruptcy rehabilitation system greatly breaks through the traditional concept of bankruptcy, further enriching the bankruptcy law legal system, making up for the limitations of bankruptcy liquidation, and giving more balanced and comprehensive protection to the legitimate rights and interests of both creditors and debtors.
2025-03-28
28
2025-03
Perspective | An exploration of litigation practices for non-enterprise, privately-run units
Non-profit organizations are social organizations established by enterprises, institutions, social groups, other social forces, and individuals using non-state-owned assets to engage in non-profit social service activities. In practice, due to their unique form, creditors often face significant difficulties in realizing their claims through litigation against non-profit organizations. They may only be able to pursue the organization itself and not the investors, leading to difficulties in realizing their claims. This article analyzes the litigation process of suing non-profit organizations and related legal issues regarding adding investors as jointly and severally liable from a practical perspective.
2025-03-28
28
2025-03
Perspective | How can creditors deal with debtors who evade debts through shell operations? (Part 2)
“Shell operation” is not a legal concept, but a way for debtors to evade debts in economic activities. In simple terms, it means that the debtor uses the independent legal personality of the company to leave the debt to the old shell company and starts a new company, leaving the creditor to face an old shell company with no assets. “Shell operation” seriously infringes upon the legitimate rights and interests of creditors. Chinese law has also clearly defined the corresponding regulatory measures for such debt evasion behaviors. The Company Law of the People's Republic of China, the Civil Code of the People's Republic of China, and related laws and judicial interpretations all stipulate the corresponding legal consequences and creditor remedies for debtors' transfer of assets, withdrawal of capital contributions, and abuse of the independent legal status of the company. This article will combine practical experience and analyze and sort out the issue from the perspective of creditors, in order to provide creditors with realistic and feasible coping strategies.
2025-03-28
28
2025-03
In the digital age, the rapid spread of online information brings opportunities for businesses while also exposing them to the risk of reputational damage. Insulting and defamatory acts can severely harm a company's business reputation and product reputation, thus affecting its economic benefits and market competitiveness. To effectively deal with such infringement, companies need to clarify the forms of infringement and adopt diversified rights protection measures, including complaining to online platforms, issuing official statements, sending lawyer's letters, filing civil lawsuits, or requesting the intervention of public security organs. In addition, the timely collection of evidence and the rigorous determination of causality are key to litigation for rights protection. This article aims to clarify the specific manifestations of infringement of corporate reputation rights, analyze feasible rights protection approaches, and provide practical operational suggestions to help companies legally protect their legitimate rights and interests and reduce negative impacts.
2025-03-28
26
2025-03
Perspective | How can creditors respond when debtors evade debt through shell operations? (Part 1)
"Shell operation" is not a legal concept, but a way for debtors to evade debts in economic activities. Simply put, it is a way for debtors to utilize the independent legal personality of a company, leaving the debt to the old shell company and starting a new company, leaving creditors to deal with an asset-less old shell company. "Shell operation" seriously infringes upon the legitimate rights and interests of creditors, and Chinese law has clearly defined regulatory measures for such debt evasion behaviors. The Company Law of the People's Republic of China, the Civil Code of the People's Republic of China, and related laws and judicial interpretations all stipulate the corresponding legal consequences and creditor relief channels for debtors' transfer of assets, withdrawal of contributions, and abuse of the independent status of corporate legal persons. This article will combine practical experience and analyze and sort out the issue from the perspective of creditors, in order to provide creditors with realistic and feasible coping ideas.
2025-03-26
24
2025-03
Perspective | Case Study - A Study of Relief Channels After the Execution Basis is Revoked
Enforcement procedures are premised on effective legal documents. If a legal document is revoked, the case enforcement procedure should be terminated according to law. The main legal issue discussed in this article is whether, after the execution basis is revoked and the case execution is terminated for two years, the applicant can still apply to resume execution if new property clues are discovered.
2025-03-24
Zhongcheng Qingtai Jinan Region
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