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
20
2025-08
On August 19, AllBright Law Offices Jinan successfully held the third "Lunch with Leaders" sharing session, inviting the law firm's "leader" - Meng Fanhu, Deputy Secretary of the Party Committee, Deputy Director, and Senior Partner of Jinan Office, to sit around a table with young lawyers, have lunch together, and talk freely about profound insights in work and life.
2025-08-20
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
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
