26

2025-08

Viewpoint | The Pathways Used by Dishonest Judgment Debtors to Evade "Height Restriction" Measures Using Passports and the Response Strategies of Bank Creditors

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 and Macau Legal Perspectives | Introduction to Hong Kong's Legal System (Part 2) — Exploring Hong Kong's Civil Legal System through Case Law

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

Civil and Commercial Perspective | Remedies for One Party Being Pursued for Repayment After Failing to Fulfill the Divorce Agreement Regarding Property Ownership and Mortgage Payment

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

Viewpoint | Lawyer's Operational Guidelines for Acting as Estate Administrator Entrusted by the Civil Affairs Department

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

19

2025-08

视点 | 关于强制执行股权的实务问题研究

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

13

2025-08

视点|移民必看!个人财产转移全攻略(二):合法合规“带钱出国”之继承财产转移

上文提到了办理移民转移的相关材料和步骤,《个人财产对外转移售付汇管理暂行办法》还规定了另一种跨境转移方式,即继承财产转移。本文为您全面解析“继承转移”的操作要点,让您的资产传承省心省力!

2025-08-13

08

2025-08

港澳法视界|澳门法律制度介绍(六)——对澳投资的法律与实务解析

澳门作为“一国两制”下的自由港和国际金融中心,凭借低税率、开放的外资政策及与内地紧密的经贸联系,成为内地企业拓展国际市场的重要枢纽。近年来,随着《横琴粤澳深度合作区建设总体方案》的推进,内地与澳门在投资、金融、产业等领域的协同效应持续释放,为内地企业通过澳门“走出去”提供了制度性机遇。深入了解澳门的投资法律环境、实操路径及税务规划,对内地企业实现高效合规的跨境布局至关重要。

2025-08-08

08

2025-08

视点|移民必看!个人财产转移全攻略(一):合法合规“带钱出国”之移民财产转移

With the acceleration of globalization, an increasing number of high-net-worth individuals are choosing to immigrate or settle abroad. However, how to legally and compliantly transfer domestic property overseas has become a challenge for many. Improper operation may face foreign exchange controls, tax inspections, and even legal risks. As a lawyer, I will explain the key points of "Immigration Transfer in the Transfer of Personal Property Abroad" today to help you complete cross-border asset allocation safely and efficiently!

2025-08-08

06

2025-08

Perspective | Identifying and Combating Quick Money Scams

“Fast Recruitment” is a colloquial term that has recently become popular among the public to refer to business models such as “fast recruitment” or “fast franchise”. It generally refers to unscrupulous businesses that use high returns, low thresholds, and quick return on investment as promotional gimmicks to attract a large number of franchisees or agents through rapid large-scale recruitment, engaging in large-scale, short-term “money-making” operations to defraud investors of franchise fees, agency fees, material fees, etc. In recent years, fast recruitment scams have been rampant in the catering industry. Some illegal businesses quickly package brands and exaggerate profit prospects to induce a large number of entrepreneurs to invest in franchises, only to ultimately provide poor service or even abscond with the money. Such scams have caused serious economic losses to franchisees and have attracted close attention from regulatory authorities and judicial organs. This article will analyze the legal characteristics and typical operation modes of fast recruitment scams from a legal perspective, analyze the legal remedies available to franchisees who have encountered such scams, and provide practical approaches and evidence strategies for handling such cases.

2025-08-06

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