12
2025-06
According to Article 1067 of the Civil Code of the People's Republic of China and Article 17 of the Interpretation (II) of the Supreme People's Court on the Application of the Civil Code's Marriage and Family Chapter, the beneficiaries of child support are minor children and adult children who are unable to live independently, for example, those still receiving high school or lower education or unable to live independently due to disability. Can adult children still claim child support for their minor years or for the period they were unable to live independently after becoming adults?
2025-06-12
12
2025-06
Viewpoint | Collation and Analysis of Practical Key Points in Child Support Disputes
Child support disputes are among the most common legal disputes in the field of marriage and family, directly affecting the healthy growth and legitimate rights and interests of minor children. After the parents divorce or separate, how to legally determine and fulfill the obligation of child support is the core issue in the court's trial of such cases. After the implementation of the Civil Code of the People's Republic of China and the issuance of relevant judicial interpretations, the handling of child support disputes has more clear legal basis and operational standards. Accurately grasping the types of child support disputes, legal structure, and trial ideas is crucial for upholding the principle of maximizing the interests of minors and effectively resolving family conflicts. This article, combining theory and judicial practice, starts with the main types of child support disputes, sorts out the core legal basis and practical points, and analyzes the judicial logic through case studies, in order to provide a comprehensive reference guide for the handling of child support disputes.
2025-06-12
11
2025-06
Recently, in a case where the appellant, Shandong Construction and Installation Group Co., Ltd., represented by the author, and the appellee, Gong Mouhai, were involved in a creditor's subrogation right dispute, Shandong Intermediate People's Court reversed the first-instance judgment: revoking the first-instance judgment and rejecting all the litigation requests of Gong Mouhai. This case is a typical example where Gong Mouhai subcontracted part of the labor from the actual contractor and carried out construction, and now claims subrogation rights as a creditor, requesting the project general contractor, Shandong Construction and Installation Group Co., Ltd., to pay him the project payment. The first-instance court supported all of Gong Mouhai's litigation requests, but the second-instance court revoked the original judgment and rejected all of his litigation requests on the grounds that "the breach of contract relativity is not established" and "the amount of the debt is not determined".
2025-06-11
10
2025-06
In today's era of rapid technological innovation, competition in the field of intellectual property rights is becoming increasingly fierce. Patents, as an important legal form of protection for the results of technological innovation, their validity directly concerns the core competitiveness and market position of enterprises. Recently, the number of administrative disputes over patent invalidity has shown a significant growth trend. This phenomenon not only reflects the high importance that enterprises attach to patent value, but also highlights the urgency of accurately determining patent validity. Against this backdrop, an in-depth analysis of typical administrative disputes over patent invalidity, such as the case of the invention patent invalidation of “A method for hydrolyzing corncob to obtain xylose hydrolysate”, is particularly necessary. It will provide valuable reference and enlightenment for enterprises in the process of patent layout and rights protection.
2025-06-10
30
2025-05
The initial intent of fixed-price contracts is to control costs and avoid overruns. The employer, by using a fixed price, transfers risks within the normal scope during the construction period to the contractor, thus gaining budget certainty. The contractor, through independent bidding, comprehensively considers construction costs, anticipated profits, and risk premiums. Once signed, the contractor bears market risks such as fluctuations in material and labor prices during the contract term. The rise and fall of market prices fall within the scope of commercial risks: price increases may lead to reduced profits or even losses for the contractor, but price decreases can also increase the contractor's profits. Therefore, unless the construction content and contract conditions change, the contractor may not request an adjustment to the contract price due to general price fluctuations. However, this "absolute lump sum" is not without exceptions. This article will analyze typical scenarios to discuss when fixed prices can be adjusted and their legal basis.
2025-05-30
30
2025-05
Equity holding on behalf of others in commercial banks refers to an agreement between the actual investor and the nominal investor of the commercial bank's equity, where the actual investor provides the capital and enjoys the investment rights, while the nominal investor acts as the nominal shareholder to exercise the equity. Equity holding on behalf of others is common in business practices. According to relevant laws and regulations in China, the validity of equity holding on behalf of others is generally recognized. This article mainly analyzes the validity of equity holding on behalf of others in commercial banks and whether it can be excluded from execution, as follows:
2025-05-30
15
2025-05
Giving a betrothal gift and "three golds" is an important part of traditional Chinese wedding customs. However, when an engagement is broken off (commonly known as "breaking off an engagement") or a divorce occurs shortly after the wedding, the return of the betrothal gift and three golds often leads to intense disputes and becomes a social issue. In recent years, such disputes have become increasingly common in judicial practice. According to statistics, in the past two years, the number of first-instance cases concerning the return of betrothal gifts and engagement property handled by courts nationwide has reached nearly 20,000, and the amount of betrothal gifts has shown a general upward trend. How to legally and reasonably determine the nature of betrothal gifts and "three golds" while respecting wedding customs, and how to fairly handle the issue of their return, is related to the protection of the property rights and freedom of marriage of the parties involved. This article will combine the provisions of the Civil Code and relevant judicial interpretations to conduct an in-depth analysis of the legal nature of betrothal gifts and "three golds", the conditions and rules for their return, and will analyze the court's determination approach through the latest judicial practice and typical precedents, and put forward practical suggestions to provide readers with practical guidance.
2025-05-15
15
2025-05
Giving a betrothal gift and "three golds" is an important part of traditional Chinese wedding customs. However, when an engagement is broken off (commonly known as "breaking off an engagement") or a divorce occurs shortly after the wedding, the return of the betrothal gift and three golds often leads to intense disputes and becomes a social issue. In recent years, such disputes have become increasingly common in judicial practice. According to statistics, in the past two years, courts nationwide have accepted nearly 20,000 first-instance cases involving disputes over the return of betrothal gifts and engagement property, and the amount of betrothal gifts has been generally increasing. How to legally and reasonably determine the nature of betrothal gifts and three golds while respecting wedding customs, and how to fairly handle the issue of their return, is related to the protection of the property rights and freedom of marriage of the parties involved. This article will combine the provisions of the Civil Code and relevant judicial interpretations to analyze in depth the legal nature of betrothal gifts and three golds, the conditions and rules for their return, and will analyze the court's determination approach through the latest judicial practice and typical precedents, and put forward practical suggestions, in order to provide readers with practical guidance.
2025-05-15
15
2025-05
In the practice of criminal defense, money laundering and the crime of concealing or disguising criminal proceeds (hereinafter referred to as the concealment crime) have become two common crimes, but the two crimes are often confused due to the similarity of their behavioral manifestations. Therefore, clarifying the legal boundaries and accurately distinguishing the charges is crucial for accurately combating crime and maintaining judicial justice. This article will analyze the two crimes from the following aspects.
2025-05-15
Zhongcheng Qingtai Jinan Region
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