05
2025-09
On July 21, 2025, the State Council officially announced the "Housing Leasing Regulations," which will come into effect on September 15, 2025. This is China's first administrative regulation specifically governing the housing rental market. Based on higher-level laws such as the "Civil Code," the regulations further clarify the rights and obligations of the parties involved in leasing and establish necessary guidance and supervision measures for market entities such as housing rental companies and brokerage agencies. The introduction of these regulations comes at a critical time when China's real estate market is accelerating its transition to a dual system of renting and purchasing. The aim is to provide strong legal protection for the high-quality development of the housing rental market by improving institutional supply. In recent years, the housing rental sector has faced practical issues such as substandard housing conditions, unstable rental relationships, and frequent deposit disputes. The regulations address these challenges by balancing the interests of landlords and tenants, moderately favoring tenant rights, and highlighting a legislative focus on safeguarding people's livelihood. This article will focus on analyzing the allocation of rights and obligations between landlords and tenants under these regulations, aiming to accurately apply the new rules and prevent legal risks.
2025-09-05
03
2025-09
On August 1, 2025, the Supreme People's Court issued the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)" (hereinafter referred to as "Judicial Interpretation II"), which will come into effect on September 1, 2025. "Judicial Interpretation II" provides detailed provisions on the identification and responsibility of mixed employment labor relationships, recognition of foreign labor relationships, calculation methods and exceptions for double wages in the absence of a written labor contract, recognition of consecutive fixed-term labor contracts signed twice, non-competition restrictions during employment, legal consequences of agreed non-payment of social insurance, among other matters. Some articles essentially fix mainstream judicial views, while others unify controversial judicial standards in practice. The following is the author's article-by-article interpretation of "Judicial Interpretation II."
2025-09-03
03
2025-09
Perspective | Research on Legal Risks of Financing Trade and Its Prevention Mechanisms
Financing trade, as an emerging business practice, plays an important role in promoting capital flow and trade development. However, its complex transaction structures and potential legal risks have also sparked considerable controversy. This article, from a legal perspective, deeply analyzes common models of financing trade and the inherent legal risks, explores response strategies under the current legal framework, and, combined with the latest policy provisions, proposes how enterprises should optimize internal management to prevent risks, aiming to provide useful references for related enterprises and theoretical support for improving relevant legal regulations.
2025-09-03
03
2025-09
Can a registered divorce agreement be revoked? If there are statutory reasons such as fraud, coercion, significant misunderstanding, or gross unfairness at the time of the agreement, both parties may exercise the right of revocation through litigation within the exclusion period. Under certain conditions, creditors may also request the revocation of property division clauses in the divorce agreement, and the scope of revocation must correspond to the extent of the damage caused.
2025-09-03
01
2025-09
On April 27, 2007, Company A and Company B jointly invested to establish Company C. Mr. Sun was appointed by Company A to serve as a director of Company C. According to the company's articles of association, Mr. Sun was elected chairman of the board by the board of directors, becoming the legal representative of Company C. On December 28, 2023, Mr. Sun resigned from Company A, and both parties signed a "Certificate of Termination and Cancellation of Labor Contract." On January 2, 2024, Mr. Sun signed a "Labor Contract" with Company D. From January 2024 to July 2025, Company D paid social insurance for Mr. Sun. After being transferred to a new position at Company D in January 2024, Mr. Sun sent letters to Company C and the two shareholders regarding his resignation and the change of chairman and legal representative of Company C, but received no response. On June 5, 2025, Company A, following legal procedures, organized an extraordinary shareholders' meeting of Company C and passed a resolution agreeing to Mr. Sun's resignation as legal representative and chairman of Company C. However, Company B did not attend the meeting nor vote. Company C refused to process the change of legal representative registration. Having exhausted all internal means to change the legal representative and chairman, Mr. Sun filed a lawsuit against Company C in court on June 30, 2025.
2025-09-01
01
2025-09
The "Measures for the Acceptance, Discounting, and Rediscounting Management of Commercial Bills" provide a conceptual explanation of bill discounting, which refers to the act of the bill holder transferring the bill to an institution qualified for loan business by paying a certain interest before the commercial bill's maturity date. The so-called private discounting, commonly known as "ticket flipping" or "ticket collection," refers to the act of the commercial bill holder selling the bill at a discount to enterprises or individuals without discounting qualifications. This article explores the risks and responsibilities of private discounting of bills from both criminal and civil perspectives.
2025-09-01
29
2025-08
Audiences who have watched "Cold War," "P Storm," or "Infernal Affairs" are likely familiar with scenes like this: an investigator from the Independent Commission Against Corruption (ICAC), dressed in a dark suit, shows their badge and says in a serious tone, "We are the ICAC, please assist with the investigation now." Or in a closed interrogation room, investigators relentlessly question about corruption evidence, with slogans like "Integrity, Honesty, Professionalism" prominently displayed on the wall.
2025-08-29
29
2025-08
In reality, many couples register property ownership as joint tenancy with specified shares clearly recorded in the real estate ownership certificate. So, can the house be divided directly according to the registered shares upon divorce? According to Article 303 of the Civil Code of the People's Republic of China, co-owners can divide the property according to the agreed proportions. However, if there are disputes regarding marital property agreements, contribution ratios, or the authenticity of the co-ownership relationship, a comprehensive judgment must be made based on written agreements, actual contributions, and judicial review results.
2025-08-29
28
2025-08
Viewpoint | A Brief Discussion on Service of Process Issues in Foreign-Related Civil Litigation
In a recent unfair competition lawsuit I represented, Defendant One, a natural person A, was a former employee of Company B, and Defendant Two, Company C, is a direct competitor of Company B. Company B believed that Defendants One and Two jointly engaged in unfair competition, thus filing a lawsuit against both defendants in court. Since A voluntarily renounced Chinese nationality and acquired foreign citizenship, A appeared in the lawsuit as a foreign national, involving service of process in foreign-related matters. The court was very cautious about this; the presiding judge communicated with me multiple times regarding the service of process, requesting relevant evidence to facilitate the court's service. After considerable effort, the evidence collection was successfully completed, and service was properly effected, allowing the litigation to proceed. Here is a brief summary of the service of process issues in foreign-related civil litigation for colleagues' reference.
2025-08-28
28
2025-08
The "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Concealing and Disguising Criminal Proceeds and Criminal Proceeds Income" (Fa Shi [2025] No. 13) (hereinafter referred to as the "New Interpretation") has made significant improvements and innovations in the standards for conviction, sentencing, and legal application of the crime of concealing and disguising criminal proceeds and criminal proceeds income. This crime is the most common type of money laundering offense in practice, often closely linked downstream to upstream crimes such as telecom network fraud and online gambling. Building on the experience of the 2015 judicial interpretation (Fa Shi [2015] No. 11) and its 2021 amendment decision (Fa Shi [2021] No. 8), the New Interpretation addresses new situations and issues encountered in recent case handling by strictly defining "knowing awareness," integrating comprehensive standards for criminalization, refining the amounts for aggravating circumstances, and adding provisions for lenient punishment, thereby further unifying the standards of adjudication. This article provides a clause-by-clause original text explanation and application analysis of the New Interpretation in conjunction with relevant laws such as the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and the Anti-Money Laundering Law of the People's Republic of China, for practical reference.
2025-08-28
Zhongcheng Qingtai Jinan Region
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