Legal Information

30 2026-9

What does "cross-examination" mean in a criminal trial?

The cross-examination in criminal trials is an activity in which the prosecution and the defense parties examine and challenge the three characteristics of evidence in court. According to the Criminal Procedure Law, evidence must be verified to be true before it can be used to determine the verdict. The quality of the cross-examination directly affects the conviction and sentencing.

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30 2026-9

How to choose a criminal defense lawyer for the second instance?

When choosing a criminal defense lawyer for the second instance, the following factors should be considered: professional relevance, practical experience, and honest communication. The second instance focuses on the facts or legal errors of the first instance, so the lawyer must be able to review the case files, summarize the appeal grounds, and sign a standardized power of attorney contract to cl...

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30 2026-9

How to strive for a non-prosecution during the review and prosecution stage?

During the review and prosecution stage, lawyers can strive for statutory, discretionary, or insufficient evidence non-prosecution; after reviewing the case file, lawyers can submit legal opinions focusing on factual gaps, minor circumstances, or exculpatory reasons. Combined with guilty pleas and restitution agreements, lawyers can strive for pre-trial diversion.

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30 2026-9

What does "bail pending trial" mean?

Bail pending trial is a compulsory measure stipulated by the Criminal Procedure Law, which orders the suspect to provide a guarantor or a surety bond, and temporarily not to detain him/her on the condition that he/she will appear in court when summoned. Whether bail can be granted depends on whether the suspect is likely to be sentenced to imprisonment or a more severe punishment and will not pose...

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30 2026-9

What are the benefits of having a lawyer witness a will?

A lawyer witnesses the will, with a practicing lawyer present to confirm the authenticity of the intention and issue a certificate, thereby enhancing the authenticity of the will and reducing disputes over its effectiveness. The process must be conducted by two lawyers with no conflicts of interest, and it is recommended to simultaneously notarize major property transactions.

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30 2026-9

How can we comprehensively utilize wills, insurance, and trusts to ensure the inheritance of family wealth?

The inheritance of family wealth can be achieved through a combination of wills, insurance, and trusts: wills provide flexible disposal of assets, insurance provides cash flow, and trusts serve to segregate assets and make arrangements across generations. It is recommended to design a comprehensive solution based on the asset structure and goals, and to consult professional lawyers to avoid confli...

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30 2026-9

How can I withdraw the deposits without a will?

To withdraw the deceased's deposits without a will, first determine the legal heirs and handle the inheritance notarization or proceed with the withdrawal based on the court's document; for small amounts, a simplified inquiry and withdrawal process can be used, and the procedure shall be conducted in accordance with the Civil Code and the rules of inheritance.

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30 2026-9

If there's no will, what is the order of inheritance?

If no will is made, the inheritance shall be in accordance with the statutory succession: the first order includes the spouse, children, and parents; the second order includes siblings, grandparents, and grandparents-in-law. According to Articles 1127 and 1123 of the Civil Code, the inheritance shall first be passed on to the first-order heirs, and if there are no such heirs, it shall be passed on...

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30 2026-9

Is witnessing a will a non-litigation legal service?

The witnessing of a will is a non-litigation legal service, in which lawyers confirm the authenticity of the will by witnessing it, without involving litigation. According to Article 28 of the Lawyers Law, lawyers can handle non-litigation legal affairs, and standardize the witnessing process to prevent inheritance disputes.

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30 2026-9

What is the process of witnessing a will?

The witnessing of a will requires the presence of at least two witnesses who have no interest in the matter. A written will shall be written by one of them and signed by all three parties with the date specified. Following the procedures stipulated in Articles 1135 and 1140 of the Civil Code can ensure the validity of the will.

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30 2026-9

How should entrepreneurs arrange their estate after their death?

Entrepreneurs can arrange the inheritance of their assets through a combination of wills, family trusts, and insurance to ensure an orderly transfer and debt isolation. According to the provisions of the Inheritance Chapter of the Civil Code and the Trust Law, it is recommended to plan early to avoid inheritance disputes.

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30 2026-9

Can rural properties be inherited?

Houses on rural residential plots can be inherited according to law if they are considered as inheritance. The inheritors can acquire ownership of the houses through inheritance. However, the right to use the residential plots is subject to the restriction of collective membership. Non-members generally cannot rebuild the houses, but they can enjoy the existing rights and interests of the houses.

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30 2026-9

What new provisions does the Civil Code make regarding wills?

The new Civil Code adds provisions on printed wills and video wills, abolishes the priority effect of notarized wills, establishes rules for oral wills in emergency situations, and unifies the rules for the withdrawal and modification of wills, thus better respecting the testator's true intentions.

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30 2026-9

Can family trusts avoid property disputes?

A family trust can be established with clear distribution of assets based on independent property and trust documents, reducing the likelihood of inheritance disputes over property. However, if the establishment of the trust is not standardized or there are flaws in the ownership of the assets, disputes may still arise, and the trust cannot guarantee absolute isolation from legal risks.

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30 2026-9

How are custody cases typically adjudicated, and what criteria do judges use to make their decisions?

The principle of custody is to prioritize the best interests of minor children, and the determination of custody shall take into account factors such as the child's age, growth environment, and parenting ability. For children aged eight or above, the child's wishes shall be respected. However, factors such as domestic violence and bigamy may affect the custody decision, but they are not decisive.

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