28
2025-09
Commodity housing consumers (including general home buyers) are entitled, under Article 28 and Article 29 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Review Cases by People's Courts," to request exclusion from compulsory enforcement based on their expectation of property rights, provided that certain conditions are met. Although parking spaces—though classified as real estate eligible for legal registration—are distinct in their real estate characteristics from typical commodity housing units, determining whether parking space purchasers can invoke Articles 28 and 29 of the same Provisions to seek enforcement exclusion when their purchased spaces are subject to seizure or execution remains a contentious and challenging issue in practical enforcement scenarios.
2025-09-28
26
2025-09
Perspective | How to Identify and Target the Actual Manufacturers Behind Infringing Products
In trademark enforcement practice, infringers often set up shell companies in places like Beijing, Shanghai, and Tianjin, or even register companies in Hong Kong, China, or Germany—often overseas—to package their counterfeit products. This strategy not only helps them conceal their illegal activities but also significantly complicates the task of rights holders seeking legal redress: shell companies typically lack real assets, making it difficult to enforce court rulings; meanwhile, when defendants are foreign entities, challenges arise in terms of jurisdiction and applicable law. Given these circumstances, how should we effectively combat infringement and safeguard the legitimate rights and interests of rights holders?
2025-09-26
26
2025-09
The "Interpretation by the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (II)" (hereinafter referred to as the "Judicial Interpretation II on the Marriage Chapter") was adopted at the 1933rd meeting of the Adjudication Committee of the Supreme People's Court on November 25, 2024, and will come into effect on February 1, 2025. As a crucial judicial interpretation in the field of marriage and family law, Judicial Interpretation II addresses numerous complex issues arising in judicial practice, including property transfers between spouses, parental contributions toward children’s post-marital home purchases, sham divorces, and property division in cohabitation cases—issues that will profoundly impact how lawyers handle such cases.
2025-09-26
25
2025-09
From September 20 to 21, the "2025 Lhasa South Asia Corridor Construction: Forum on Foreign-related Legal Services," hosted by the Lhasa Lawyers Association, was successfully held in Lhasa, Tibet. The forum brought together representatives from lawyers associations, foreign-related legal experts, and business leaders hailing from Lhasa, Wuhan, Haikou, Nanjing, Jinan, Chengdu, Huai'an, Mianyang, and other cities. Together, they gathered to actively contribute ideas and strategies aimed at strengthening the rule-of-law framework and enhancing legal services along the South Asia Corridor under the Belt and Road Initiative. Attorney Sona, a partner at Zhongcheng Qingtai Law Firm in Jinan, attended the forum as a special guest, delivering a presentation titled "Practical Insights into International Trade Contracts and Risk Management." She was also honored by the Lhasa Lawyers Association with the title of "Special Contributor."
2025-09-25
25
2025-09
Under the overarching framework of "One Country, Two Systems," the Hong Kong Special Administrative Region enjoys independent judicial power and final adjudication authority. Its legal system is based on common law, which differs significantly from the mainland's legal system, where statutes play the dominant role. While these differences have enriched the diversity of China's rule of law, they also pose challenges in ensuring the mutual recognition and enforcement of court judgments as cross-border civil and commercial interactions become increasingly frequent. Therefore, safeguarding the legitimate rights and interests of parties from both regions—and enabling judicial decisions to effectively transcend different legal jurisdictions—has emerged as a critical issue for enhancing judicial cooperation between the two places.
2025-09-25
25
2025-09
In the field of real estate transactions, it is not uncommon for individuals to purchase properties under the names of third parties—often referred to as "buying a house in someone else's name"—in response to housing loan restrictions, purchase limits, or to qualify for government-sponsored housing programs. When creditors of the property owner attempt to seek judicial intervention to freeze or seize the registered property due to outstanding debts, the actual buyer typically steps in by initiating legal proceedings to assert their ownership rights. In such disputes, the main points of contention usually revolve around whether the actual buyer’s claims can override compulsory enforcement actions, what criteria judicial authorities use to evaluate these claims, and the burden of proof that the claimant must bear. Drawing on normative documents such as the Civil Code of the People’s Republic of China, the Supreme People’s Court’s Draft Interpretation on Applying Laws to Cases Involving Objections to Enforcement (I), and the Supreme People’s Court’s Provisions on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People’s Courts (Revised in 2020), this article examines key issues related to third-party objections to enforcement in cases involving "buying a house in someone else's name," supported by relevant case studies.
2025-09-25
23
2025-09
As China’s society continues to age, the number of people living alone, single individuals, and women without children is steadily increasing. Consequently, how to ensure their ongoing livelihood and financial security after losing some or all of their civil capacity has become a growing concern for more and more families. Traditionally, the guardianship system has primarily relied on "statutory guardianship," where the order of legal succession determines who will serve as the guardian. However, real-life situations often prove more complex than what is outlined in legal statutes: some individuals have no suitable immediate family members available, others prefer specific friends or relatives to take care of them, and still others wish to proactively arrange for decisions regarding their finances and medical care in advance. In response to these societal needs, China’s *General Provisions of the Civil Law* first established the "voluntary guardianship" system in 2017, which was further refined when the full *Civil Code* came into effect in 2021. The voluntary guardianship system reflects the law’s respect for individuals’ autonomous wishes, while also serving as an essential tool to safeguard citizens’ personal and property rights.
2025-09-23
17
2025-09
In business practice, operators often put considerable effort into packaging design to promote their products. However, when these design elements inadvertently cross the boundaries of others' intellectual property rights, they can trigger complex legal disputes. This article will analyze a typical case in conjunction with relevant provisions from the Trademark Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China, as well as insights drawn from judicial practices. It will delve into the definition of "trademark-like use" when incorporating another party's registered trademark into a product's "background image," examine the criteria for assessing "likelihood of confusion," and share valuable lessons learned during the handling of this case. The aim is to provide businesses with clear legal guidance and practical compliance advice on trademark usage in product packaging.
2025-09-17
17
2025-09
Perspective | Can the Bankruptcy Creditor Confirmation Ruling Based on "Res Judicata" Be Overturned?
Issue raised: While handling a lawsuit to confirm bankruptcy claims, the author encountered a situation where the claim had already been reviewed and confirmed by the administrator, who subsequently submitted an uncontested claims list to the court. The court then issued a civil ruling recognizing the claim as uncontested. This led the author to ponder: Can a claim confirmation lawsuit still be filed against this particular claim? Moreover, does the court's prior ruling on the uncontested claim carry res judicata effect? Finally, will the court dismiss the claim confirmation lawsuit outright, or will it proceed with a review of the case?
2025-09-17
17
2025-09
The Deep Rock Principle, also known as the Equitable Subordination Principle, is designed to safeguard the legitimate interests of a company’s creditors from being compromised by shareholders or de facto controllers who exploit their control over the company. When shareholders or controlling entities abuse their shareholder rights, leading to confusion in the company’s corporate identity, engaging in unfair related-party transactions, or colluding maliciously with insolvent enterprises—thereby harming the lawful interests of external creditors—their claims must be subordinated to those of other creditors, ensuring substantive fairness under bankruptcy law. This principle is regarded in U.S. case law as a powerful tool for addressing issues related to affiliated creditor claims in bankrupt companies. In its reasoning section of Civil Ruling No. (2023) Supreme People’s Court Min Shen 2707, the Supreme People’s Court provided an interpretation and clarification of the Deep Rock Principle. Specifically, it explained that the equitable subordination principle—also referred to as the "Deep Rock Principle"—applied during bankruptcy proceedings dictates that claims held by a controlling company against a subsidiary cannot participate in the subsidiary’s distribution alongside other creditors if the subsidiary becomes unable to pay or enters bankruptcy proceedings. Alternatively, such claims should rank lower than those of other creditors in the order of repayment. Although China has not explicitly codified the Deep Rock Principle into its legislation, similar rules have been adopted through judicial interpretations, meeting minutes, and practical judicial applications.
2025-09-17
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