04
2025-08
In June 2023, a company insured 46 of its employees with employer's liability insurance from an insurance company (hereinafter referred to as "the insurance company"), with a death and disability liability limit of 400,000 yuan per person. On November 23, 2023, employee Wang Mou was found dead in the company dormitory by a coworker. The public security organs ruled out homicide, and the cause of death was myocardial infarction. On the same day, the company signed a "Settlement Agreement" with the deceased's family, paying compensation of 200,000 yuan and stating that Wang Mou "died suddenly of illness while resting in the dormitory at night." The company's claim to the insurance company was rejected on the grounds that the death occurred "outside of work hours and outside of the workplace," not meeting the compensation conditions stipulated in the insurance contract. The company disagreed and, based on the provisions of the insurance contract, filed an arbitration with the arbitration commission, requesting the insurance company to pay insurance compensation of 200,000 yuan.
2025-08-04
04
2025-08
Hit and run resulting in death straddles the blurry line between negligence and intent, commission and omission, sparking persistent and profound debates in criminal law theory and practice. The core dispute centers on whether this act should be punished under Article 133 of the Criminal Law, as aggravated circumstances of "hit and run resulting in death", or under Article 232 as (indirect) intentional homicide. One viewpoint argues that the perpetrator's act of fleeing creates a high risk of the victim being subsequently run over and killed. If the perpetrator fails to provide aid and chooses to flee, allowing the victim to die, it should be deemed intentional homicide. Another viewpoint argues that if the perpetrator flees to evade legal consequences after a traffic accident, allowing the death of the victim to occur, it should be classified as a traffic accident and the provision of "death due to fleeing" should apply. This dispute not only concerns the precise deduction of criminal law theory, but also directly determines the severity of the perpetrator's punishment (the difference between the death penalty and a maximum of fifteen years' imprisonment), profoundly affecting the uniformity of judicial judgments and the public's perception of fairness and justice. Clarifying the criteria for determining the subjective mentality behind "death due to fleeing", as well as the source and boundaries of the omission obligation, has become a crucial and unavoidable key to resolving this dispute.
2025-08-04
04
2025-08
On March 1, 2024, the Hong Kong government relaunched the "Capital Investment Entrant Scheme", aiming to attract high-net-worth individuals globally to settle in Hong Kong and revitalize the local wealth management and diversified investment ecosystem. This strategic move has garnered significant international investor attention since its launch, with market response steadily heating up. As of the end of April 2025, Invest Hong Kong had received a total of 1257 applications. The Immigration Department has granted "in-principle approval" to 911 applicants, allowing them to enter as visitors to complete their investments, and has issued "formal approval" to 512 applicants who have fulfilled the investment requirements. It is estimated that the scheme will attract over HK$37 billion in international capital into the Hong Kong market, injecting strong momentum into consolidating Hong Kong's position as a leading global asset allocation center and international financial hub.
2025-08-04
01
2025-08
Perspective | Is "original singer" a legal right?
Recently, singer Zhang and Wang have been embroiled in a heated controversy over the original singer of the song "Annual Rings." This article will not delve into gossip, but will analyze from a legal and commercial perspective the role of the "original singer" and introduce the legal relationship between the copyright holder of a song and the singer.
2025-08-01
01
2025-08
This article further examines frequently encountered disputes in practice, building upon the previous article, "Legal Practice and Judicial Rules on the Ownership and Return of Public Benefits in Residential Communities (I)", which mainly addresses disputes concerning the determination of litigation entities, the amount of public benefits, and the determination of the amount of public benefits that should belong to all owners in disputes over the ownership and return of public benefits in residential communities.
2025-08-01
01
2025-08
Against the backdrop of a declining economy, the abuse of corporate legal personality and limited shareholder liability by controlling shareholders or actual controllers, and the evasion of debts in the form of related companies, is increasing. How to protect the interests of creditors by denying the personality of related companies has become a problem. Although Articles 20 and 63 of the original Company Law did not involve the denial of the personality of related companies, cases in judicial practice protecting the interests of creditors by denying the personality of related companies are numerous. The most typical example is Guiding Case No. 15 issued by the Supreme People's Court, but this case did not solve the problem of lack of legal basis in judicial judgments. Article 23 of the new Company Law provides a clear legal basis for the denial of the personality of related companies. The horizontal denial of the personality of related companies can be basically divided into types such as "personality confusion", "improper benefit transfer under related relationships", and "improper asset transfer under actual control". This article conducts an empirical study on "personality confusion", the most common type among these types, and combines the first successful case of denial of the personality of a related company in a certain district of Jinan City that the author handled after the implementation of the new Company Law, to actively explore the evidentiary standards in judicial practice, in order to protect the legitimate rights and interests of creditors and provide valuable reference for the handling of similar cases in the future.
2025-08-01
01
2025-08
In bankruptcy proceedings, recovering unpaid or withdrawn capital contributions from shareholders is a crucial way to replenish the debtor's assets and ensure fair compensation for creditors. After the 2014 Company Law established the subscribed capital registration system, a large number of companies have had the phenomenon of inflated registered capital and excessively long shareholder contribution periods, leading to practical difficulties for bankruptcy administrators in recovering capital contributions, such as high litigation costs and difficulties in enforcement. How to efficiently and cost-effectively achieve debt repayment has become a challenge for bankruptcy administrators in performing their duties.
2025-08-01
25
2025-07
As a key strategic move in the national strategic layout, the Macao bond market has been accelerating its transformation from a regional financial hub to a "new fulcrum" in the global RMB internationalization process, driven by both central government policies and the Macao SAR government, with offshore RMB bonds as its core driver. On July 16, 2025, the Ministry of Finance issued RMB 60 billion in government bonds in Macao, setting a new record for single-issue size and achieving an oversubscription rate of 6.1 times. The introduction of the 10-year bond for the first time filled the gap in Macao's long-term bonds. This milestone event marks the entry of Macao's offshore RMB bond market into a new stage of high-quality development. Why are more and more units or enterprises choosing to issue offshore RMB bonds in Macao? What are the advantages of this choice and how is it operated? This article will answer these questions.
2025-07-25
25
2025-07
On July 23, 2025, the Supreme People's Court issued the "Interpretation of the Supreme People's Court on the Application of Laws in the Trial of Cases of Objections to Enforcement" (hereinafter referred to as the "Interpretation"), which came into effect on July 24, 2025. The Interpretation consists of 23 articles, the core of which is to standardize the trial procedures and substantive judgment rules for "objections to enforcement" cases, protect the legitimate rights and interests of third parties, and prevent parties from evading enforcement through false litigation. An objection to enforcement is a lawsuit in which a third party (outsider) claims substantive rights to the subject matter of enforcement during the process of enforcement, thereby requesting the exclusion of enforcement. Involving complex conflicts of interests such as the realization of creditors' rights, the determination of the scope of the property of the debtor, and the protection of the property of outsiders, it has always been a difficult point in enforcement practice. The Interpretation, in conjunction with the Civil Code, the Civil Procedure Law, the Enterprise Bankruptcy Law, and other current laws and regulations, provides detailed provisions for difficult issues in judicial practice, which is of great significance for unifying judicial standards, coordinating the connection between trial and enforcement, and curbing false litigation. This article will interpret and analyze the 23 provisions of the Interpretation one by one, and analyze the practical points of key clauses.
2025-07-25
25
2025-07
With the rise of original short videos on platforms like Douyin, Toutiao, and Tomato, and the increasing use of links in these videos to drive traffic to live streams, more and more MCN companies are investing heavily in pre-streaming videos. This requires not only good copywriting, creativity, actors, filming, and editing, but also significant investment in traffic acquisition. However, there have been numerous cases of these promotional short videos being stolen, with others replacing the links in the videos with links to other similar live streams, diverting consumers to their own live streams and guiding them to make purchases, thus gaining substantial illicit profits. Regarding whether such acts constitute infringement, how to protect rights, and how to prevent such acts in the future, the author offers the following suggestions for reference.
2025-07-25
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
