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 With the widespread popularity of online auctions, traditional offline auctions have gradually withdrawn from the stage of history, and a new model of online judicial auctions has quietly arrived.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
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
18
2025-03
This interpretation applies to disputes arising from merchants repeatedly or continuously fulfilling goods or services to consumers after receiving prepayments in the areas of retail, accommodation, catering, fitness, travel, hairdressing, beauty, training, elderly care, tourism, and other daily life consumption.
2025-03-18
11
2025-03
In March 2024, "low-altitude economy" was first included in the government work report, marking 2024 as the inaugural year for the development of the "low-altitude economy." By 2025, more than 30 provinces (municipalities directly under the central government) in the country will have included the development plan for the "low-altitude economy" in the 2025 government work report. With the convening of the Two Sessions, under the major theme of "new quality productivity," the low-altitude economy has also become a dark horse topic this year. As a strategic emerging industry, the development of the low-altitude economy is rapidly advancing under policy guidance.
2025-03-11
20
2025-02
Franchise | Disputes and Determination of Refund of Franchise Fees After Contract Termination
The franchise fee is also referred to in the relevant contract as "brand usage fee," "agency fee," "operational guidance fee," etc. It is the most important franchise cost paid by the franchisee to the franchisor. After the commercial franchise contract is terminated for various reasons, both parties often dispute the return of the franchise fee. This article elaborates on how the courts have recognized this dispute in judicial practice and the basis on which the courts determine the amount of the franchise fee to be returned.
2025-02-20
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
