15
2025-05
Giving a betrothal gift and "three golds" is an important part of traditional Chinese wedding customs. However, when an engagement is broken off (commonly known as "breaking off an engagement") or a divorce occurs shortly after the wedding, the return of the betrothal gift and three golds often leads to intense disputes and becomes a social issue. In recent years, such disputes have become increasingly common in judicial practice. According to statistics, in the past two years, courts nationwide have accepted nearly 20,000 first-instance cases involving disputes over the return of betrothal gifts and engagement property, and the amount of betrothal gifts has been generally increasing. How to legally and reasonably determine the nature of betrothal gifts and three golds while respecting wedding customs, and how to fairly handle the issue of their return, is related to the protection of the property rights and freedom of marriage of the parties involved. This article will combine the provisions of the Civil Code and relevant judicial interpretations to analyze in depth the legal nature of betrothal gifts and three golds, the conditions and rules for their return, and will analyze the court's determination approach through the latest judicial practice and typical precedents, and put forward practical suggestions, in order to provide readers with practical guidance.
2025-05-15
15
2025-05
In the practice of criminal defense, money laundering and the crime of concealing or disguising criminal proceeds (hereinafter referred to as the concealment crime) have become two common crimes, but the two crimes are often confused due to the similarity of their behavioral manifestations. Therefore, clarifying the legal boundaries and accurately distinguishing the charges is crucial for accurately combating crime and maintaining judicial justice. This article will analyze the two crimes from the following aspects.
2025-05-15
06
2025-05
Inheritance is an eternal topic. The continuity of Chinese civilization for five thousand years relies on inheritance; the preservation of the fine traditions of the Chinese nation also relies on inheritance. Many famous sayings, proverbs, and allusions about inheritance are also prevalent in traditional Chinese culture. The author wishes to use the past to enlighten the present, prompting modern entrepreneurs to think about the protection and inheritance of their own wealth, and to encourage a transformation from the initial awareness of inheritance to a comprehensive mindset of inheritance.
2025-05-06
06
2025-05
Perspective | Common Legal Issues in Cohabitation under the New Situation
In today's society, with the continuous opening up of people's minds and the blending of multiculturalism, cohabitation has become increasingly common and is gradually becoming a preferred lifestyle for unmarried individuals. According to the "2023 Young Couples Cohabitation Survey Report" jointly released by Baihe Jiayuan Group and "The Houlang Research Institute," 77.8% of young people have an open attitude towards cohabitation, and a considerable number of young people have actual cohabitation experience. Looking at the different age groups, the premarital cohabitation rate for Generation Z (born after 2000) is 26.9%, while the rate for Generation X (born in the 1980s) and Generation Y (born in the 1990s) reached 59.9% and 63.8% respectively. The premarital cohabitation rate in China shows an upward trend. The increasing prevalence of cohabitation relationships has also brought about numerous legal disputes, however, many people know little about legal issues in cohabitation relationships. This article will thus provide a summary based on relevant legal provisions.
2025-05-06
06
2025-05
The Supreme People's Court released the first batch of guiding and typical cases on labor disputes in new employment forms in December 2024, and the second batch was released on the occasion of International Labor Day (May 1st). These cases clarify the standards for determining labor relations and rules for assuming responsibility, aiming to balance the protection of workers' rights and the development of the platform economy. The following are the core contents of the first batch of released cases and specific typical cases from the second batch:
2025-05-06
29
2025-04
In recent years, the volume of trademark applications in China has increased significantly. However, behind the large number of trademark registration applications, there are some acts that violate the principle of good faith. Some applicants have engaged in acts such as clinging to trademarks of others with a certain degree of fame, malicious registration, and hoarding trademarks, not only infringing on the rights of other trademark right holders but also occupying trademark resources. Based on the aforementioned facts, Article 44, Paragraph 1 of the Trademark Law has become the main clause for revoking or invalidating registered trademarks on absolute grounds; "Obtaining registration by other improper means" has played a positive role in judicial practice, effectively cracking down on a batch of malicious registrations aimed at "傍名牌" (riding on the coattails of famous brands) and other improper acts such as hoarding a large number of trademarks for profit.
2025-04-29
29
2025-04
Perspective | Practical Research on the Rules for Adjusting Penalty for Breach of Contract
In commercial transactions, to strengthen the protection of their legitimate rights and interests, both parties to a contract often stipulate penalty clauses in the contract terms and clearly specify the corresponding liquidated damages. This can serve as an advance warning and prevention when the other party may breach the contract, and can also reduce the losses of the non-breaching party in the event of an actual breach. However, the agreement on liquidated damages often leads to disputes, the most prominent of which is whether the amount of liquidated damages is too high or too low, and whether it needs to be adjusted by the people's court or arbitration institution. In practice, different types of contracts, different statuses of contracting parties, and transaction backgrounds will lead to mismatches between the agreed liquidated damages and the actual losses. The non-breaching party will often demand to maintain or even increase the liquidated damages on the grounds of "compensating for losses" and "making up for lost profits," while the breaching party often claims that the liquidated damages are "too high" and requests a reduction. Therefore, how to reasonably grasp the triggering conditions, judgment standards, and discretionary scope of the adjustment of liquidated damages, as well as the special provisions under different case scenarios, has become a focus in the trial of contract dispute cases. This article will combine the provisions of Article 585 of the Civil Code of the People's Republic of China and relevant judicial interpretations to comprehensively analyze and study the principles and application logic of liquidated damages adjustment rules in judicial practice.
2025-04-29
16
2025-04
Spousal joint debts refer to debts incurred by both spouses during their marriage with mutual consent, or debts incurred by one spouse in their own name for the daily needs of the family. These debts must be jointly repaid by both spouses according to the law, and they bear joint and several liability for such debts. Spousal joint debts are legally categorized into two types: firstly, debts incurred with mutual consent; and secondly, debts incurred for daily family needs. Although the Civil Code and relevant judicial interpretations have clearly defined the criteria for determining and the rules for repaying spousal joint debts, there are still some disputes and difficulties regarding the criteria for determining and the issues of repayment of spousal joint debts in specific judicial practice. This article will discuss the main points of contention and the corresponding rules of judgment regarding the criteria for determining and the rules for repaying spousal joint debts in judicial practice, and provide some practical suggestions.
2025-04-16
16
2025-04
Perspective | "Loan Note" and "Transfer Records" in Private Lending
In civil loan disputes, the determination of the loan relationship often depends on the sufficiency of evidence. From judicial practice, having a loan note without a transfer record (e.g., cash delivery) and having a transfer record without a loan note are two common situations with different legal determinations. This article analyzes the key points and coping strategies of these two situations from a professional perspective, combining relevant legal articles and typical cases.
2025-04-16
11
2025-04
The "Measures for the Management of Compliance Audits of Personal Information Protection", issued by the Cyberspace Administration of China, will officially come into effect on May 1, 2025. Against this backdrop, on April 9, the Jinan office of Zhongcheng Qingtong Law Firm held its first roadshow event of 2025. Senior Partner Chen Xiaotong, and Partners Zhao Zhigang and Qu Mengyu, all from the Jinan office, gave an online presentation explaining relevant legal issues concerning the compliance audit of personal information protection.
2025-04-11
Zhongcheng Qingtai Jinan Region
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