Legal Information

14 2026-10

What are the chances of successfully getting a retrial case filed?

There is no uniform success rate for the re-trial case filing, which depends on whether the original judgment has legal grounds for re-trial. According to the Civil Procedure Law and the Criminal Procedure Law, the grounds for re-trial include the discovery of new evidence, the falsification of the main evidence used in the original judgment, and errors in the application of the law, etc.

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14 2026-10

Is it necessary to hire a lawyer during the review stage of the death penalty case?

During the review stage of the death penalty case, it is not mandatory to hire a lawyer, but it is strongly recommended to do so. The review of the death penalty is the final review procedure for death penalty cases. Lawyers can submit lawyer's opinions, meet with the defendant, and point out problems in the application of facts or laws. According to the Criminal Procedure Law and other relevant r...

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14 2026-10

How to build a corporate criminal compliance system from scratch?

To build a criminal compliance system for a company from scratch, it is necessary to first conduct a risk assessment and then establish relevant systems: identifying high-incidence crimes (such as embezzlement, bribery, and tax-related offenses), formulating a compliance manual and a reporting mechanism, implementing traceable approval processes, and providing training. These measures should be in...

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14 2026-10

What should the victim do if he/she disagrees with the criminal verdict?

The victim may express his/her opinions and seek remedies in accordance with the law if he/she disagrees with the criminal judgment. The victim does not have the right to appeal independently in the criminal part, but can request the procuratorate to file a protest against the judgment; in the accompanying civil action part, the victim may make separate claims or appeal. According to the Criminal ...

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14 2026-10

How much does the amount of economic crime affect the sentencing?

The amount of economic crime directly determines the sentencing level, such as fraud, corruption, and embezzlement, all of which have standards for sentencing based on the amount of the crime. According to the Criminal Law and relevant judicial interpretations, the longer the prison term is, the higher the amount of the crime is. However, factors such as surrendering to the authorities, returning ...

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14 2026-10

How to recover the inheritance that has been embezzled by relatives?

If the inheritance is appropriated by relatives, you can first negotiate with them to request its return. If the negotiation fails, you can sue for its return or assert ownership based on your share of the inheritance. According to the Inheritance Chapter of the Civil Code, inheritors enjoy rights according to their shares. Those who appropriate the jointly owned inheritance can be sued for its di...

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14 2026-10

Can pet cats and dogs be included in a will for inheritance?

Pet cats and dogs cannot be listed as "heirs" in a will, as the legal heirs in China are limited to natural persons. However, it is possible to leave property to specific individuals in a will and attach conditions for taking care of pets, or to arrange for pet care expenses through bequests or trusts. According to the Civil Code of the People's Republic of China.

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14 2026-10

Are unauthorized buildings considered inheritable assets?

Illegal buildings generally cannot be inherited, as they lack a legal property basis. However, the value of building-related materials, land use rights, and related compensation benefits may be treated as rights and interests under certain circumstances. According to the Civil Code and the Urban and Rural Planning Law, illegal buildings are subject to demolition.

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14 2026-10

Can the right to lease public housing be inherited by children?

The right to lease public housing generally cannot be inherited, but cohabiting residents can legally claim to change the lessee. The right to lease public housing is a right of use based on the lease relationship, not ownership, and does not belong to the estate. According to the relevant regulations on public housing management, eligible cohabiting residents can do so.

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14 2026-10

Can the central government-owned housing be inherited before it is listed on the market?

Whether the central government-owned housing can be inherited before it is listed on the market depends on the nature of the housing ownership. If it belongs to the inheritor's personal legal property, the inheritance will not be extinguished due to the fact that the housing has not been listed on the market, and the inheritor can inherit according to law or a will. However, the listing and tradin...

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14 2026-10

How should the demolition compensation be divided among siblings?

The demolition compensation funds shall be distributed among siblings according to the rights and interests of the resettled individuals and the shares of the inheritors. If there is a will, the inheritance shall be distributed in accordance with the will; if there is no will, the inheritance shall be distributed in accordance with the statutory succession. Those who fulfill their main obligations...

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14 2026-10

How to divide and apportion the jointly owned family property in a divorce

The division of joint family property, also known as family partition, should first distinguish between joint family ownership and joint marital ownership, and then divide it according to investment, contribution, and agreements. According to the Property Law and Inheritance Law of the Civil Code, if there is no agreement, the division shall be presumed to be in equal shares. The key action is to....

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14 2026-10

Can an insurance trust help avoid inheritance disputes?

Insurance trust can to some extent reduce inheritance disputes, but it cannot completely avoid them. Trust, implemented in accordance with the Trust Law, can avoid the complexity and disputes of statutory inheritance; however, its effectiveness depends on its being legally established and having a clear source of premium payments.

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14 2026-10

When will the inheritance tax be implemented in China?

At present, inheritance tax has not been levied in China, and there is no inheritance tax on inheriting real estate or deposits. The online rumors about the "imposition of inheritance tax" are mostly misinterpretations. Under the current rules, neither statutory inheritance nor testamentary inheritance is subject to personal income tax; if the legislature explicitly implements it in the future, it...

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14 2026-10

Will cross-border inheritance be subject to inheritance tax?

At present, China does not levy an inheritance tax, and the rumors of a "cross-border inheritance tax" lack legal basis. Inheritance under Chinese law is not subject to income tax; only when it involves overseas assets, do we need to pay attention to the tax laws of the countries where the assets are located. The core basis for this is the Civil Code of the People's Republic of China.

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