Legal Information

Firm news, insights on new laws, and frequently asked questions.

09 2026-10

How to determine whether a litigation attorney is reliable?

To determine whether a litigation lawyer is reliable, you can check the following five aspects: verifiable qualifications, professional expertise, clear thinking, transparent fees, and honest communication. Additionally, you should verify their practice licenses and sign a contract stamped by the law firm. Be cautious of promises of guaranteed wins and private fee arrangements.

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09 2026-10

Can the money lost in a telecom fraud be recovered?

If you are a victim of telecom fraud, you should immediately call 110 or 96110 to apply for an emergency stop payment and report the case, and submit the transfer and chat records. According to the Anti-Telecom and Internet Fraud Law, the payment can be stopped and frozen, and the defendant may be ordered to make restitution after the case is concluded.

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09 2026-10

Who is responsible for the fraudulent use of a stolen credit card?

The liability for credit card fraud is divided according to fault: if the bank cannot provide evidence of the counterfeit card transaction, it shall not bear responsibility; if the cardholder discloses the verification code or commits other faults, he/she shall bear the loss himself/herself. Upon discovering the fraudulent transaction, the cardholder shall immediately report the loss, call the pol...

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09 2026-10

How to protect yourself if your bank card is stolen and used fraudulently?

If your bank card is stolen and used fraudulently, you should immediately report the loss, request a stop-payment order, file a complaint at the nearest police station, and submit a written claim for compensation. According to Article 6 of the Commercial Bank Law and the judicial interpretation on bank cards, if the bank cannot prove the cardholder's fault, it shall bear the responsibility. If no ...

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09 2026-10

What is the coverage amount of deposit insurance?

According to Article 5 of the "Deposit Insurance Regulations", the principal and interest of the same depositor in the same bank are calculated together, and the maximum compensation limit is 500,000 yuan; the excess part will be compensated from the liquidated assets. Wealth management is not covered by the guarantee, and it is advisable to deposit large sums of money in different banks.

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09 2026-10

Can the penalty and the deposit be used concurrently?

The penalty for breach of contract and the deposit cannot be used concurrently. According to Article 588 of the Civil Code, one of them shall be applied; if the deposit is insufficient to compensate for the losses, the party may continue to claim for the difference. If no penalty for breach of contract has been agreed upon, the party cannot claim it out of thin air. In the Henglue case, the counte...

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09 2026-10

Can the penalty fee be lowered if it's too high?

If the penalty for breach of contract is excessively high compared to the actual losses, the party concerned may request the court or arbitration institution to reduce it. According to Article 585 of the Civil Code, the penalty for breach of contract shall be determined based on the actual losses. In the arbitration case handled by Henglue Law Firm, the claim for penalty for breach of contract was...

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09 2026-10

Is the down payment effective if it exceeds the required proportion?

The deposit shall not exceed 20% of the subject matter of the main contract. The excess portion shall not produce the effect of the deposit and shall not be subject to penalties; the party may claim the return of the deposit when the contract is rescinded or invalidated. The party shall calculate the proportion in accordance with Article 586 of the Civil Code and assert its rights.

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09 2026-10

Which of the deposit and booking fee can be refunded?

The deposit is subject to the penalty clause for deposits. If the payer breaches the contract, he has no right to return the deposit; if the recipient breaches the contract, he must return twice the amount of the deposit. The advance payment is generally regarded as a prepayment and can be refunded in principle. According to Articles 586 and 587 of the Civil Code, the nature of the payment should ...

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