28
2025-03
Perspective | A Brief Discussion on Judicial Auctions
In the field of court enforcement, judicial auction has always been the "last mile" in realizing the rights of winning the lawsuit. From real estate worth tens of millions to industrial equipment that has been out of production for many years, these objects, which bear complex interests and disputes, are tested on how to maximize their value in an open and transparent process, which tests the wisdom of enforcement and concerns judicial credibility. With the widespread popularity of online auctions, traditional offline auctions have gradually withdrawn from the stage of history, and a new model of online judicial auctions has quietly arrived. This article mainly elaborates on the court's judicial auction process and some thoughts on lawyers' participation in the judicial auction procedure.
2025-03-28
28
2025-03
Perspective | Protection of Creditor Rights in Bankruptcy Reorganization Procedures
Rehabilitation is a 'restoration and reconstruction' system created in bankruptcy law to save enterprises on the brink of bankruptcy. Its rules are designed to help debtor enterprises overcome difficulties and restore normal production and operation. To a certain extent, the bankruptcy rehabilitation system greatly breaks through the traditional concept of bankruptcy, further enriching the bankruptcy law legal system, making up for the limitations of bankruptcy liquidation, and giving more balanced and comprehensive protection to the legitimate rights and interests of both creditors and debtors.
2025-03-28
28
2025-03
Perspective | An exploration of litigation practices for non-enterprise, privately-run units
Non-profit organizations are social organizations established by enterprises, institutions, social groups, other social forces, and individuals using non-state-owned assets to engage in non-profit social service activities. In practice, due to their unique form, creditors often face significant difficulties in realizing their claims through litigation against non-profit organizations. They may only be able to pursue the organization itself and not the investors, leading to difficulties in realizing their claims. This article analyzes the litigation process of suing non-profit organizations and related legal issues regarding adding investors as jointly and severally liable from a practical perspective.
2025-03-28
28
2025-03
Perspective | How can creditors deal with debtors who evade debts through shell operations? (Part 2)
“Shell operation” is not a legal concept, but a way for debtors to evade debts in economic activities. In simple terms, it means that the debtor uses the independent legal personality of the company to leave the debt to the old shell company and starts a new company, leaving the creditor to face an old shell company with no assets. “Shell operation” seriously infringes upon the legitimate rights and interests of creditors. Chinese law has also clearly defined the corresponding regulatory measures for such debt evasion behaviors. The Company Law of the People's Republic of China, the Civil Code of the People's Republic of China, and related laws and judicial interpretations all stipulate the corresponding legal consequences and creditor remedies for debtors' transfer of assets, withdrawal of capital contributions, and abuse of the independent legal status of the company. This article will combine practical experience and analyze and sort out the issue from the perspective of creditors, in order to provide creditors with realistic and feasible coping strategies.
2025-03-28
28
2025-03
In the digital age, the rapid spread of online information brings opportunities for businesses while also exposing them to the risk of reputational damage. Insulting and defamatory acts can severely harm a company's business reputation and product reputation, thus affecting its economic benefits and market competitiveness. To effectively deal with such infringement, companies need to clarify the forms of infringement and adopt diversified rights protection measures, including complaining to online platforms, issuing official statements, sending lawyer's letters, filing civil lawsuits, or requesting the intervention of public security organs. In addition, the timely collection of evidence and the rigorous determination of causality are key to litigation for rights protection. This article aims to clarify the specific manifestations of infringement of corporate reputation rights, analyze feasible rights protection approaches, and provide practical operational suggestions to help companies legally protect their legitimate rights and interests and reduce negative impacts.
2025-03-28
26
2025-03
Perspective | How can creditors respond when debtors evade debt through shell operations? (Part 1)
"Shell operation" is not a legal concept, but a way for debtors to evade debts in economic activities. Simply put, it is a way for debtors to utilize the independent legal personality of a company, leaving the debt to the old shell company and starting a new company, leaving creditors to deal with an asset-less old shell company. "Shell operation" seriously infringes upon the legitimate rights and interests of creditors, and Chinese law has clearly defined regulatory measures for such debt evasion behaviors. The Company Law of the People's Republic of China, the Civil Code of the People's Republic of China, and related laws and judicial interpretations all stipulate the corresponding legal consequences and creditor relief channels for debtors' transfer of assets, withdrawal of contributions, and abuse of the independent status of corporate legal persons. This article will combine practical experience and analyze and sort out the issue from the perspective of creditors, in order to provide creditors with realistic and feasible coping ideas.
2025-03-26
26
2025-03
In practice, we sometimes encounter a situation where a company's products bear the trademarks of several companies that have no actual relationship with it. Does this constitute infringement? If so, is it trademark infringement or unfair competition? The author would like to share his opinion on this issue, purely as a starting point for discussion.
2025-03-26
26
2025-03
As a professional intellectual property lawyer, I have frequently received consultations from clients regarding professional fake fighters in the past two years. Common tactics employed by professional fake fighters include packaging flaws, labeling flaws, and food business license flaws. They often use industrial and commercial complaints and rights protection lawsuits to give themselves a legal guise, but in reality, they are taking advantage of the situation for profit. One of my clients, a bread costing less than 5 yuan, was reported to the Market Supervision Administration by a professional fake fighter because the ingredient list on the label indicated "pre-mixed powder" without further specifying the composition of the "pre-mixed powder," resulting in a compensation claim of over 26,000 yuan. Numerous such cases seriously affect business operations and put considerable pressure on the daily law enforcement of market supervision departments. In recent years, such "anti-counterfeiting" activities by professional fake fighters have gradually spread to rural areas, with such cases being filed against small shops targeting elderly people left behind in the countryside, with some market supervision offices handling 30 to 40 cases a day. On February 7 this year, the State Administration for Market Regulation issued the "Notice on the List of First-Time Unpunished and Minor-Offense Exempted Administrative Violations in Market Regulation." After the implementation of the new regulations, investigations revealed that due to the loss of some profit-making conditions, the number of "anti-counterfeiting" complaints targeting small shops in rural areas within Jiaozhou City, Shandong Province, has sharply decreased. I believe the national policy came at a very timely moment. A brief review and analysis of this Notice is provided below.
2025-03-26
24
2025-03
In civil enforcement proceedings, the disposition of seized property and the order of creditor repayment are directly related to the realization of creditors' rights. When a debtor's property is seized by multiple courts, the order of priority in repayment becomes a core issue in practice due to the involvement of multiple creditors, different rights (such as priority rights and ordinary claims), and coordination among enforcement courts. Determining the order of repayment directly affects the realization of creditors' legitimate rights and interests. This article systematically sorts out the relevant rules, combining legal provisions, judicial cases, and practical operations.
2025-03-24
24
2025-03
Perspective | Case Study - A Study of Relief Channels After the Execution Basis is Revoked
Enforcement procedures are premised on effective legal documents. If a legal document is revoked, the case enforcement procedure should be terminated according to law. The main legal issue discussed in this article is whether, after the execution basis is revoked and the case execution is terminated for two years, the applicant can still apply to resume execution if new property clues are discovered.
2025-03-24
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
