15

2025-01

International Legal Perspective | Interpretation of the Ministry of Commerce of China's Investigation Results: The Impact and Challenges of the EU's Foreign Subsidies Regulation on Chinese Enterprises

On January 9, 2025, the Ministry of Commerce of China announced the results of its investigation into the European Union's implementation of the Foreign Subsidies Regulation (FSR). It concluded that the EU exhibited selective enforcement behavior during the execution of the FSR, which has harmed the competitiveness of Chinese enterprises in the EU market. This conclusion not only reveals new challenges in China-EU trade relations but also provides important references for Chinese companies on how to respond to the EU's trade barriers.

2025-01-15

15

2025-01

Analysis of the Effectiveness of Printed Wills from a Civil and Commercial Perspective

With the development of the social economy, people's legal awareness has gradually increased, especially with the promotion of the Civil Code's public awareness campaigns in various regions, bringing the Civil Code into the public and into people's homes. Many people's understanding of wills has also changed, shifting from previous resistance, taboo, and aversion to acceptance. More and more people are choosing to make wills to address issues of property inheritance and wealth transfer, and to avoid internal family conflicts, by planning in advance for the inheritance of business wealth and successors. Printed wills are one of the newly added methods of making a will. So, what legal conditions should a printed will meet?

2025-01-15

15

2025-01

Perspective | Can a legal heir's renunciation of inheritance constitute the crime of refusal to execute?

Statutory inheritance, testamentary inheritance, and bequests are the three methods of realizing inheritance rights as stipulated in the Inheritance Chapter of the Civil Code of the People's Republic of China. Statutory inheritance is a method where the range of heirs, the order of inheritance, and the principles of estate distribution are directly specified by law, characterized by its legal nature and mandatory enforcement, reflecting ethical and kinship concepts. Testamentary inheritance is the act of the decedent disposing of their estate through a will, where the heirs must be one or more of the statutory heirs as defined by the Civil Code. A bequest is when the decedent gifts personal property to the state, a collective, or organizations or individuals outside of the statutory heirs.

2025-01-15

15

2025-01

Perspective | Interpretation and Practical Analysis of the Priority of Mortgage Rights in the Context of Borrowing New to Repay Old

In economic life, enterprises often use the "borrow new to repay old" model to extend or renew debt terms when debts are due, in order to alleviate short-term repayment pressure and maintain normal production and business activities. However, this practice may lead to other issues in the context of guarantee legal relationships, particularly potential conflicts in the priority of mortgage rights. The "Interpretation of the Supreme People's Court on the Application of the Guarantee System in the Civil Code of the People's Republic of China" (hereinafter referred to as the "Guarantee System Interpretation"), promulgated and implemented by the Supreme Court on December 27, 2021, further clarifies the application issues of the guarantee system in practice. Article 16 specifically addresses the conflicts in the priority of mortgage rights during the "borrow new to repay old" process, providing unified adjudication rules for judicial practice.

2025-01-15

10

2025-01

Perspective | The Supreme Court Issues China's First Anti-Restriction Litigation Order - Huawei vs. U.S. Netgear Company WiFi 6 Standard Essential Patent Infringement Case

Recently, the WiFi 6 standard essential patent (SEP) infringement case between Huawei and the American company Netgear has attracted widespread attention again. According to the civil rulings No. 914 and 915 issued by the Supreme People's Court (SPC) in 2024 and related news reports, Huawei has achieved a decisive victory at a critical juncture in this international patent litigation. The SPC issued an anti-anti-suit injunction (AASI) in the "Huawei vs. Netgear" case, marking the first time a Chinese court has issued an AASI in the global governance of standard essential patents (SEPs). This not only signifies the rise of Chinese enterprises in global technological competition but also highlights the importance of intellectual property in the international market.

2025-01-10

10

2025-01

Perspective | An In-depth Analysis of "Mis-selling of Traditional Chinese Medicine Leading to Death" from a Legal Perspective

Recently, a heartbreaking tragedy occurred in Zhaoqing City, Guangdong: an elderly person died from poisoning after mistakenly consuming "Chuanxinlian" (a toxic herb) that was incorrectly sold by a shop. This incident not only brought endless grief to the victim's family but also sparked profound reflections from all sectors of society on the chaos in the traditional Chinese medicine market and legal responsibilities. This article will conduct an in-depth analysis of the legal responsibilities related to the wrongful sale of medicinal herbs leading to death, covering aspects such as a review of the incident, legal interpretation, evidence collection, and subsequent measures and industry warnings.

2025-01-10

10

2025-01

Perspective | A Comprehensive Interpretation of the Initiation Methods and Court Hearing Procedures of Criminal Second Instance Proceedings

The main differences between the second instance of criminal proceedings and the first instance focus on the following six aspects.

2025-01-10

10

2025-01

Perspective | Research on the Responsibility for Traffic Accidents Involving "Designated Drivers"

In recent years, with the continuous increase in the number of cars in our country and the intensified crackdown on drunk driving, the ride-hailing industry has emerged as a common service in people's lives. However, while ride-hailing services bring us convenience, they have also led to a series of traffic accident disputes. Relevant data shows that the incidence of ride-hailing accidents has been on the rise in recent years, and the resulting disputes over liability have been numerous. Why is the determination of liability in ride-hailing traffic accidents so tricky? Behind this are both the complexity of the ride-hailing industry itself and the inadequacy of legal regulations. Different types of ride-hailing services, such as platform ride-hailing, private ride-hailing, and hotel ride-hailing, have entirely different legal relationships behind them; meanwhile, current laws have ambiguities in certain details regarding the definition of liability in ride-hailing accidents, which often leads to conflicting claims from all parties involved in actual dispute resolution.

2025-01-10

07

2025-01

Perspective | Research on Issues Related to the Mandatory Execution of Restricted Shares for Directors, Supervisors, and Senior Executives of Listed Companies

With the continuous development of our country's capital market and the increasing number of enforcement cases, the situation involving the compulsory enforcement of shares held by directors, supervisors, and senior management of listed companies is also on the rise. However, due to the special nature of listed company stocks and the unique circumstances of multiple regulations, whether the restricted shares held by directors, supervisors, and senior management can be enforced has become a gray area in judicial practice. Based on this, we have sorted out the relevant regulations regarding the compulsory enforcement of restricted shares held by directors, supervisors, and senior management of listed companies for your reference.

2025-01-07

07

2025-01

Perspective | Research on the Responsibility for Traffic Accidents Involving "Designated Drivers"

In recent years, with the continuous increase in the number of cars in our country and the intensified crackdown on drunk driving, the ride-hailing industry has emerged as a common service in people's lives. However, while ride-hailing services bring us convenience, they have also led to a series of traffic accident disputes. Relevant data shows that the incidence of ride-hailing accidents has been on the rise in recent years, and the resulting disputes over liability have been numerous. Why is the determination of liability in ride-hailing traffic accidents so tricky? Behind this lies the complexity of the ride-hailing industry itself, as well as the inadequacy of legal regulations. Different types of ride-hailing services, such as platform ride-hailing, private ride-hailing, and hotel ride-hailing, have entirely different legal relationships behind them; meanwhile, current laws have ambiguities in certain details regarding the definition of liability in ride-hailing accidents, which often leads to conflicting statements from all parties involved in actual dispute resolution.

2025-01-07

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