11
2025-10
Perspective | Strategies for Handling Spousal Diversion of Marital Assets During Divorce
When marital relationships break down and divorce becomes inevitable, it's not uncommon for one spouse to secretly transfer or hide jointly owned marital assets. Common scenarios include one spouse transferring bank deposits without the other’s knowledge, selling off property at significantly reduced prices just before the divorce, transferring company shares to third parties, or even creating fake debts—all in an attempt to divert assets that rightfully belong to the couple. Such actions not only infringe upon the legal property rights of the other spouse but also violate the principle of honesty and trustworthiness central to marital relationships. The Marriage and Family Chapter of the Civil Code clearly addresses this issue: if one party is found to have concealed or transferred joint marital assets during divorce proceedings, the court has the authority to award that party a smaller share—or no share at all—when dividing the marital property. So, how should the aggrieved party, whose rights have been compromised by such unauthorized asset transfers during marriage, uncover relevant financial clues and effectively utilize legal measures to protect their interests? This article will systematically examine and analyze the types of unauthorized marital asset transfers, strategies for gathering evidence, and available remedies, drawing on both legal provisions and real-life cases.
2025-10-11
30
2025-09
As the cornerstone of credit in capital markets, the quality of information disclosure directly determines the effectiveness of investor decision-making and the efficiency of resource allocation. According to the 2025 "White Paper on Securities Dispute Adjudication" released by the Beijing Financial Court, disputes arising from false statements account for 99.7% of all securities fraud cases, with financial fraud accounting for more than one-third of these incidents. From Kangmei Pharmaceutical’s massive 10-billion-yuan fund manipulation to Meishang Ecology’s eight consecutive years of artificially inflated profits, such misconduct not only erodes market trust but also undermines the institutional foundation of the "three publics" principle—fairness, openness, and justice. Although the 2022 "New Judicial Interpretation" has introduced more refined criteria and loss calculation rules since its implementation, ambiguities remain regarding the boundaries of constituent elements, as well as challenges in quantifying systemic risks. This article examines typical cases from 2024–2025, dissecting the logic behind identifying false statements and the methods used to calculate related losses. It also highlights the crucial role lawyers play in guiding practical applications, offering comprehensive guidance to market participants.
2025-09-30
29
2025-09
Perspective | Determining Overage Employment Relationships Under the New Regulations
As China’s population aging accelerates and the country advances its policies on delaying retirement, the number of employed individuals who have already surpassed the statutory retirement age—typically 60 for men and 55 or 50 for women—continues to grow, sparking increasing controversy and disputes. Determining the nature of the employment relationship between employers and these workers, as well as ensuring their rights and benefits, has become a central issue in practical applications. Starting from September 1, 2025, the Supreme People’s Court’s "Interpretation on Applying Laws in Handling Labor Dispute Cases (II)"—hereafter referred to as the "New Interpretation"—will officially come into effect. Concurrently, the Ministry of Human Resources and Social Security, along with other relevant departments, has released the "Provisional Measures for Protecting the Basic Rights and Interests of Older Workers (Draft for Public Comment)"—hereafter referred to as the "Provisional Measures"—providing a framework for addressing these critical issues. This article, drawing on the newly issued judicial interpretation and policy guidelines, explores and analyzes how to determine the nature of employment relationships involving older workers.
2025-09-29
29
2025-09
In daily corporate operations and financing activities, it is all too common for the legal representative to unilaterally provide external guarantees in the company's name without going through the company's internal resolution process—this is what we often refer to as "ultra vires guarantee." Prior to the enactment of the Civil Code and its accompanying judicial interpretation on the guarantee system, there was significant controversy in judicial practice regarding the validity of contracts involving ultra vires guarantees and the allocation of liability, creating considerable challenges for lawyers and businesses in managing legal risks.
2025-09-29
28
2025-09
In off-plan mortgage transactions, the seamless connection between "pre-mortgage registration" and the developer's "stage-specific guarantee liability" is crucial for balancing the bank's security of credit rights, defining the developer's scope of responsibility, and safeguarding the homebuyer's obligations. In practice, parties often dispute whether the developer's stage-specific guarantee liability is automatically discharged once the pre-mortgage registration has been completed—disagreements on this issue frequently lead to legal disputes. This article will clarify the core logic behind this matter by integrating relevant legal provisions, judicial precedents, and practical insights, while also outlining the specific conditions under which liability may be exempted and identifying effective pathways to protect the rights and interests of all involved parties.
2025-09-28
28
2025-09
Although the importance of international arbitration is widely recognized, extensive empirical studies reveal that Chinese companies still face a range of pervasive, systemic issues during the process of "going global," particularly in the stage of drafting arbitration agreements. These challenges place them at a disadvantage even from the very outset of any potential disputes.
2025-09-28
28
2025-09
On June 20, 2025, the Supreme People's Court designated the case of Guo Mouning's objection lawsuit against Lin Mouxī and the third party, Beijing Yi Mucultural Agency Co., Ltd., seeking to add or change the judgment debtor, as an included case, with case number 2025-08-2-496-001. According to the "Work Procedures for the Construction and Operation of the People's Court Case Database," people's courts at all levels are required to search the People's Court Case Database when hearing cases and should refer to the included cases in making their judgments. The cases selected by the Supreme People's Court for inclusion carry mandatory reference authority. This article aims to analyze and examine the evidentiary responsibilities borne by shareholders of single-member companies after being involved in litigation, based on the reviewed included cases and the Supreme Court's analysis and research on these cases.
2025-09-28
28
2025-09
Commodity housing consumers (including general home buyers) are entitled, under Article 28 and Article 29 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Review Cases by People's Courts," to request exclusion from compulsory enforcement based on their expectation of property rights, provided that certain conditions are met. Although parking spaces—though classified as real estate eligible for legal registration—are distinct in their real estate characteristics from typical commodity housing units, determining whether parking space purchasers can invoke Articles 28 and 29 of the same Provisions to seek enforcement exclusion when their purchased spaces are subject to seizure or execution remains a contentious and challenging issue in practical enforcement scenarios.
2025-09-28
26
2025-09
Perspective | How to Identify and Target the Actual Manufacturers Behind Infringing Products
In trademark enforcement practice, infringers often set up shell companies in places like Beijing, Shanghai, and Tianjin, or even register companies in Hong Kong, China, or Germany—often overseas—to package their counterfeit products. This strategy not only helps them conceal their illegal activities but also significantly complicates the task of rights holders seeking legal redress: shell companies typically lack real assets, making it difficult to enforce court rulings; meanwhile, when defendants are foreign entities, challenges arise in terms of jurisdiction and applicable law. Given these circumstances, how should we effectively combat infringement and safeguard the legitimate rights and interests of rights holders?
2025-09-26
26
2025-09
The "Interpretation by the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (II)" (hereinafter referred to as the "Judicial Interpretation II on the Marriage Chapter") was adopted at the 1933rd meeting of the Adjudication Committee of the Supreme People's Court on November 25, 2024, and will come into effect on February 1, 2025. As a crucial judicial interpretation in the field of marriage and family law, Judicial Interpretation II addresses numerous complex issues arising in judicial practice, including property transfers between spouses, parental contributions toward children’s post-marital home purchases, sham divorces, and property division in cohabitation cases—issues that will profoundly impact how lawyers handle such cases.
2025-09-26
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
