Legal Information

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

24 2026-9

What should be done in the first step of the divorce litigation process?

The first step of divorce is to choose a path and fix evidence: for an agreement-based divorce, the couple should go to the civil affairs bureau to get the divorce certificate after a 30-day cooling-off period; for a litigation-based divorce, the couple should first determine the jurisdiction and then prepare a lawsuit and evidence. If necessary, they should apply for property preservation to prev...

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24 2026-9

Can the custody of the children in a domestic violence divorce case be granted to the victim?

In the case of domestic violence during divorce proceedings, custody rights are determined in accordance with Article 1084 of the Civil Code based on the principle of what is in the best interests of the minor children. The victim's long-term custody and the perpetrator's violent behavior both affect the determination of custody. It is necessary to promptly report the case to the police to preserv...

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24 2026-9

The property was bought before marriage. Can the other party claim a share of it during the divorce?

According to Article 1063 of the Civil Code, pre-marital property is considered personal property and will not be divided in a divorce; however, post-marital joint repayment of loans requires compensation, adding the spouse's name to the property title to make it jointly owned, and the rental income can be divided. The ownership chain must be fully documented throughout the process.

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24 2026-9

How are marital assets divided in a divorce?

For divorce-related real estate, the ownership needs to be determined first before choosing a division method: pre-marital individual purchases are not divided, and jointly repaid loans require compensation; jointly owned real estate is divided according to Article 1087 of the Civil Code, and can be auctioned, appraised for compensation, or sold by auction.

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24 2026-9

Who does the demolition compensation payment go to?

On state-owned land, the compensation is paid to the owners of the houses; on collective land, the land compensation fee belongs to the collective, and the compensation for the buildings on the land belongs to the owners; for family-owned houses, the compensation belongs to the jointly owned property and can be divided according to law.

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24 2026-9

Do I need a witness when printing a will?

According to Article 1136 of the Civil Code, a printed will must be witnessed by at least two witnesses. The testator and the witnesses must sign each page of the will and indicate the date. If any of these requirements are not met, the entire will may be invalidated.

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24 2026-9

What should be done if a labor dispatch worker is sent back by the employing unit?

It is illegal to return the employee to the dispatching unit outside the statutory circumstances. After the return, the labor relationship remains with the dispatching unit, and the employee shall be paid monthly at a rate no lower than the local minimum wage during the period of unemployment. If the employer terminates the employment contract illegally, the employee may claim 2N as compensation, ...

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24 2026-9

How can owners of unfinished buildings collectively protect their rights?

For unfinished buildings, collective litigation can be used to terminate the contract, withdraw from the house, and get a refund. The repayment request of purchasers who have paid the full amount of the house price shall take precedence over the project funds and mortgage rights. It is advisable to elect representatives to take unified actions.

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24 2026-9

What should I do if I can't find the defendant when filing a lawsuit?

If the defendant's whereabouts are unknown, the notice of service may be issued by public announcement. After the expiration of the 30-day notice period, the notice shall be deemed to have been served, and the defendant may be tried in absentia. To initiate a lawsuit, a clear defendant must be identified, and the statute of limitations for filing a lawsuit is three years.

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24 2026-9

How to choose between an invention patent and a utility model patent?

A utility model typically takes about half a year to be authorized, with a protection period of 10 years, and an invention protection period of 20 years, which requires a substantive review. For methodological solutions, only an invention application is allowed, but the core technology can be filed for both types of patents on the same day.

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24 2026-9

What should I do if my trademark is rejected?

If a trademark is rejected, the applicant can request a review within 15 days, and the decision will generally be made within 9 months. If the applicant disagrees with the decision, they can file a lawsuit within 30 days. If the trademark is partially rejected, the applicant can apply for a split registration first.

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