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

01

2025-07

Perspective | A preliminary legal discussion on creditors' claims against shareholders who have not fulfilled their capital contribution obligations in full

The 2013 revision of the Company Law introduced a subscribed capital system. For a long time, the promotion of the subscribed capital system has played a positive role in lowering the threshold for establishment and encouraging venture capital, but it has also brought about problems such as shareholders delaying or refusing to pay up capital contributions, inflated company capital, and difficulties for creditors in pursuing claims. The new Company Law, which came into effect on July 1, 2024, has made several adjustments to the subscribed capital system for limited liability company shareholders, especially providing clearer regulations on the definition of shareholder liability in cases of unpaid capital contributions and the remedies available to creditors. This paper analyzes and discusses various situations in which creditors claim legal responsibility from company shareholders for failure to fulfill or fully fulfill their capital contribution obligations under the old and new Company Laws.

2025-07-01

01

2025-07

Perspective | Judicial Application of the "Special Provisions" Clause in Item (7) of Article 36 of the "Government Information Disclosure Regulations"

Article 36, Paragraph (7) of the Regulations of the People’s Republic of China on the Public Disclosure of Government Information stipulates: For information requested for disclosure that belongs to industrial and commercial, real estate registration data, etc., where relevant laws and administrative regulations have special provisions on the acquisition of information, the applicant shall be informed to handle it in accordance with the relevant laws and administrative regulations. According to this provision, in practice, there is no major dispute regarding the disclosure of information involving industrial and commercial, real estate registration data. However, in addition to the two types of data clearly specified in this provision, what other data belongs to the “special provisions” in this provision? This article aims to summarize the types of information that may fall under the scope of “special provisions” in this article, combining specific provisions and relevant cases.

2025-07-01

30

2025-06

Perspective | Can employers require employees to clock in and out using facial recognition or other similar methods?

My company requires employees to clock in and out using facial recognition, which involves registering iris and facial recognition features. Some employees have raised concerns about the security of their facial information, as it is already linked to numerous accounts and bank cards. They worry about potential data breaches upon leaving the company and are therefore reluctant to use facial recognition for attendance. Does the company have the right to mandate facial recognition for attendance?

2025-06-30

30

2025-06

Perspective | Analysis of the director resignation procedure, legal risks, and litigation for removal from the register

Director resignation involves numerous legal procedures and risks in corporate governance and operation. Properly handling related matters is of great significance to protecting the legitimate rights and interests of directors, maintaining the normal operation of the company, and ensuring the stability of market order. Based on the current Company Law and the Implementation Measures for Company Registration Management, this article provides a detailed explanation of the procedures for director resignation, legal risks, and issues related to litigation for deregistration.

2025-06-30

30

2025-06

Perspective | Analysis of the Legal Liabilities of Original Shareholders after Equity Transfer: Continuing Obligations and Exceptional Circumstances

In commercial practice, equity transfer is often seen as a way for shareholders to "shed their skin," seemingly allowing them to escape responsibility after signing and completing the transfer. However, the scales of justice are never unbalanced by a mere agreement. Equity transfer is by no means the end of legal liabilities; the original shareholders still bear numerous ongoing obligations. This article will penetrate the surface of the transaction to reveal the boundaries of legal responsibilities that original shareholders cannot avoid after an equity transfer.

2025-06-30

14

2025-06

Viewpoint | Illegal Dividend Distribution – The Legal Red Line Behind Shareholder Equity

In business operations, profit distribution (dividends) is the core way for shareholders to realize return on investment. However, not all "dividend distribution" behaviors are legal. Illegal dividend distribution may not only lead to civil recovery and administrative penalties, but also trigger criminal liability, and will severely damage the company's solvency and market credit.

2025-06-14

12

2025-06

Civil and Commercial Perspective | A Brief Analysis of the Basis for Claiming Child Support After the Child Comes of Age

According to Article 1067 of the Civil Code of the People's Republic of China and Article 17 of the Interpretation (II) of the Supreme People's Court on the Application of the Civil Code's Marriage and Family Chapter, the beneficiaries of child support are minor children and adult children who are unable to live independently, for example, those still receiving high school or lower education or unable to live independently due to disability. Can adult children still claim child support for their minor years or for the period they were unable to live independently after becoming adults?

2025-06-12

12

2025-06

Viewpoint | Collation and Analysis of Practical Key Points in Child Support Disputes

Child support disputes are among the most common legal disputes in the field of marriage and family, directly affecting the healthy growth and legitimate rights and interests of minor children. After the parents divorce or separate, how to legally determine and fulfill the obligation of child support is the core issue in the court's trial of such cases. After the implementation of the Civil Code of the People's Republic of China and the issuance of relevant judicial interpretations, the handling of child support disputes has more clear legal basis and operational standards. Accurately grasping the types of child support disputes, legal structure, and trial ideas is crucial for upholding the principle of maximizing the interests of minors and effectively resolving family conflicts. This article, combining theory and judicial practice, starts with the main types of child support disputes, sorts out the core legal basis and practical points, and analyzes the judicial logic through case studies, in order to provide a comprehensive reference guide for the handling of child support disputes.

2025-06-12

11

2025-06

Case Interpretation | Legal Analysis of Subrogation Right Breaking the Privity of Contract in Construction Contract Disputes

Recently, in a case where the appellant, Shandong Construction and Installation Group Co., Ltd., represented by the author, and the appellee, Gong Mouhai, were involved in a creditor's subrogation right dispute, Shandong Intermediate People's Court reversed the first-instance judgment: revoking the first-instance judgment and rejecting all the litigation requests of Gong Mouhai. This case is a typical example where Gong Mouhai subcontracted part of the labor from the actual contractor and carried out construction, and now claims subrogation rights as a creditor, requesting the project general contractor, Shandong Construction and Installation Group Co., Ltd., to pay him the project payment. The first-instance court supported all of Gong Mouhai's litigation requests, but the second-instance court revoked the original judgment and rejected all of his litigation requests on the grounds that "the breach of contract relativity is not established" and "the amount of the debt is not determined".

2025-06-11

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