24

2025-07

Real Estate Perspective | Legal Practice and Judicial Rules on the Ownership and Return of Public Benefits in Residential Communities (Part 1)

In recent years, disputes over community public benefits have gradually become a hot issue in the field of property management. This article sorts out and discusses the legal and practical issues involved in the ownership and return of community public benefits, providing a reference for property service enterprises in handling disputes over public benefits.

2025-07-24

11

2025-07

Macao Legal Landscape | Introduction to Macao's Legal System (Part 3) - Applicable Laws and Recognition of Cross-border Marriage and Inheritance

Following the publication of the second article in this series, several readers and colleagues expressed keen interest in the connection between Macao and Mainland China's laws and practices regarding marriage and inheritance. Therefore, this article will focus on the applicable legal rules in Macao and Mainland China concerning marriage and inheritance. Through legal interpretation and real-world cases, it will systematically examine the forms of legal conflict between the two regions and the practical approaches to bridging them, using typical scenarios such as cross-border marriage formation, recognition of divorce validity, and the applicable law for inheritance. As an important component of Macao's legal system, the marriage and inheritance system continues the traditional characteristics of the civil law system, but also forms a unique interactive relationship with Mainland China's laws under the framework of "One Country, Two Systems." Clarifying the differences and coordination mechanisms between the two is of significant practical importance for the smooth development of cross-border civil and commercial activities.

2025-07-11

11

2025-07

Perspective | How to Identify and Eliminate the Obstacles of False Leasing in the Execution Phase

In enforcement proceedings, the phenomenon of debtors and third parties colluding to fabricate lease contracts to obstruct enforcement is becoming increasingly frequent, seriously affecting the success rate and efficiency of judicial auctions. This so-called "false lease" usually uses the "lease is not broken by sale" rule in the Civil Code to resist enforcement, attempting to make the lease relationship take precedence over the realization of rights such as seizure and mortgage, thereby delaying and obstructing the applicant from realizing their claims. A legal system that should protect the rights and interests of bona fide lessees is being abused by illegal elements as a tool to evade debts and obstruct enforcement, resulting in the difficulty for applicants to realize their winning rights in a timely manner. This false lease behavior is highly concealed and deceptive. On the surface, it often has a complete written lease contract, seemingly making "lease rights superior to seizure", causing difficulties for the executing court. However, in essence, such lease relationships are mostly maliciously fabricated by the parties involved, lacking a real transaction basis, and are essentially invalid legal acts. Judicial practice should accurately identify and severely regulate such false leases that obstruct enforcement, in order to maintain the normal order of judicial auctions and protect the legitimate rights and interests of creditors.

2025-07-11

10

2025-07

Low-altitude Economy | A Study on the Criminal Liability for Operating a Drone While Intoxicated under the Context of the Low-altitude Economy

As a crucial form of new productivity, the low-altitude economy leverages low-altitude airspace resources, with flight activities as its core engine. It deeply integrates advanced technologies such as low-altitude intelligent networks and unmanned aerial vehicles (UAVs), driving the development of the entire industrial chain, including manufacturing, operation, and infrastructure support. The 2025 Government Work Report clearly proposed the need to vigorously promote the safe and healthy development of emerging industries, including the low-altitude economy, and to provide key support in the demonstration application of new technologies, products, and scenarios. This strategic direction has received a positive response at the local level, with 30 provinces (autonomous regions and municipalities) across the country incorporating the development of the low-altitude economy into their government work plans for the year. As a key component of the low-altitude economy, the unmanned aerial vehicle (UAV) industry is accelerating its evolution in the process of intelligent and networked transformation. However, while the booming development of the low-altitude economy unleashes enormous potential, it also poses a severe challenge to the existing legal regulatory system for UAVs. Of particular concern is that, against the backdrop of digital and intelligent network empowerment, flight and related activities in the low-altitude field harbor considerable criminal risks, with crimes endangering public safety such as "illegal flights" occurring frequently. In view of this, this article will focus on the determination of criminal liability for operating a UAV while intoxicated, and will delve into the legal basis, practical difficulties, and corresponding improvement paths of its criminal law regulation.

2025-07-10

10

2025-07

Retrial Instance | "Golden Chain of Evidence" for Confirmation of Shareholder Qualification

Li filed a lawsuit with the first-instance court requesting: 1. A judgment confirming that the plaintiff Li is a shareholder of the defendant company, with an actual investment of 400,000 yuan, accounting for 10% of the defendant's equity; 2. The defendant bears the litigation costs.

2025-07-10

08

2025-07

Low-altitude Economy | A Study of Unmanned Aerial Vehicle Privacy Legal Issues

With the rapid development of drone technology, the application scenarios of civilian drones are constantly expanding, such as aerial photography, agricultural and forestry protection, logistics delivery, and urban management. At the same time, the high-precision aerial photography and convenient transmission capabilities of drones in public spaces have also raised public concerns about privacy infringement. Article 1032 of the Civil Code stipulates: "Natural persons enjoy the right to privacy. No organization or individual may infringe upon the privacy rights of others by means of probing, disturbing, leaking, or disclosing. Privacy refers to the private life peace and private space, private activities, and private information that a natural person does not wish to be known to others"; Article 1033 further lists the main types of acts that infringe upon the right to privacy. In addition, Article 2 of China's Personal Information Protection Law clarifies: "The personal information of natural persons is protected by law, and no organization or individual may infringe upon the personal information rights of natural persons", while Article 44 of the Cybersecurity Law prohibits "any individual or organization from stealing or otherwise illegally obtaining personal information, or illegally selling or illegally providing personal information to others". In the age of high technology, the information collected by drones often has the characteristics of both privacy information and personal information, and the two overlap in practical application: when a drone takes pictures or videos during flight, it may involve the portrait, residence, and other private spaces of natural persons, and may also lead to the collection of personal information. Although the Civil Code lays the foundation for the protection of privacy and personal information, there are no clear provisions for the protection of drones in their special technological form. On the other hand, the scale of China's civilian drone industry continues to expand, and the booming low-altitude economy has provided more application scenarios for drones, but it has also made the potential impact of drones on personal privacy more widespread and more hidden. The above problems and industry development trends show that drone privacy conflicts have become a pressing legal issue that needs to be addressed.

2025-07-08

07

2025-07

Macao Legal Landscape | Introduction to Macao's Legal System (Part Two) - Structure and Practice of Macao's Civil Code

In the previous article, the author systematically expounded on the framework and core characteristics of the Basic Law of the Macao Special Administrative Region. Based on this, this article will focus on an important component of Macao's legal system—the Macao Civil Code. In Macao's legal system, civil law occupies a crucial position. It comprehensively regulates personal and property relations between equal entities and plays a fundamental role in ensuring the orderly operation of socio-economic life. Based on the Macao Civil Code, this article will conduct a detailed analysis of Macao's civil law system and illustrate its specific application in practice with real-life cases.

2025-07-07

04

2025-07

Perspective | In-depth Interpretation of "Opinions on Several Issues Concerning Criminal Cases of Refusal to Execute Judgments and Rulings"

The difficulty of enforcing judgments has been a long-standing problem in judicial practice. During the enforcement stage, some judgment debtors deliberately evade or resist enforcement, resulting in the legitimate rights and interests of the winning party being delayed. To solve this problem, judicial organs have continuously improved the regulatory measures for punishing those who refuse to execute judgments and rulings in recent years. In June 2025, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Opinions on Several Issues Concerning the Handling of Criminal Cases of Refusal to Execute Judgments and Rulings" (No. 8 [2025] of the Supreme People's Court, hereinafter referred to as the "Opinions"). These Opinions came into effect on July 1, 2025, aiming to further improve the mechanism for handling crimes of refusing to enforce judgments and rulings and to help solve the current problem of enforcement difficulties. The Opinions consist of 20 articles, which provide specific regulations on the division of responsibilities and cooperation among the people's courts, people's procuratorates, and public security organs in cases of crimes of refusing to enforce judgments and rulings, covering the investigation, prosecution, private prosecution, and trial stages. This article will analyze and interpret each article of the Opinions, discuss the difficult problems that may be encountered in practice and propose countermeasures in conjunction with relevant judicial interpretations, focusing on the division of responsibilities and cooperation mechanisms among the three organs of public security, procuratorate, and court, and evaluating the applicability and significance of each clause.

2025-07-04

03

2025-07

Civil and Commercial Perspective | The Legal Red Line and Pitfalls of Shareholder Capital Contribution Liability

The core of shareholder responsibility lies in fulfilling the obligation to contribute capital and adhering to the principle of limited liability. In principle, if a company has paid in full its registered capital and has not engaged in illegal activities such as capital withdrawal, shareholders will not be added as persons subject to enforcement and subject to high consumption restrictions due to company debts. However, under certain circumstances, limited liability may be breached, resulting in supplementary or joint and several liability.

2025-07-03

01

2025-07

Macao Legal Landscape | Introduction to Macao's Legal System (Part 1) - The Basic Law and Fundamental Judicial System

With the increasing cooperation and exchanges between Shandong and Hong Kong and Macao in various fields of economic and trade cooperation, and the successful holding of events such as the "Hong Kong and Macao Shandong Week," there are more and more cooperation opportunities between Shandong and Hong Kong and Macao. In the process of deepening economic and trade cooperation, understanding the legal system and business environment of Hong Kong and Macao has become key. Differences in legal systems across different jurisdictions, compliance requirements for cross-border transactions, and the choice of dispute resolution mechanisms all have a profound impact on the implementation and advancement of cooperation projects. To this end, the author will write a series of articles on the legal systems of Hong Kong and Macao, systematically summarizing the legal frameworks and practical rules of the two places, providing accurate legal references for Shandong enterprises to expand the Hong Kong and Macao markets, and helping cross-border cooperation to move steadily and far on a compliant track.

2025-07-01

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