The high-incidence criminal risks of enterprises include illegal fund-raising, false invoicing, commercial bribery, refusal to pay labor remuneration, and cross-border online business operations. For unit crimes, both the unit and its responsible persons will be punished. It is recommended to conduct regular compliance checks.
Learn more >
According to Article 67 of the Criminal Procedure Law, bail pending trial may be granted in the following circumstances: the defendant is likely to be sentenced to control, detention, or imprisonment, but poses no social danger; the defendant is ill, pregnant, or breastfeeding; or the defendant's detention period has expired. If the defendant truthfully confesses the crime, it is more likely that ...
Learn more >
In the event of an inheritance dispute, it is possible to apply for property preservation: during the litigation process, in accordance with Article 103 of the Civil Procedure Law; and before the litigation, in accordance with Article 104. A ruling will be made within 48 hours, and the guarantee amount generally will not exceed 30% of the amount subject to preservation.
Learn more >
When a lawyer witnesses a will, they will review the mental state of the testator. According to Article 1143 of the Civil Code, a will made by a person without civil capacity is invalid. The witness should verify the testator's medical history, conduct question-and-answer sessions, and archive the video recordings of the process.
Learn more >
A valid will must meet the following requirements: the testator must have full capacity for civil conduct at the time of making the will, the intention expressed in the will must be genuine, and the form of the will must comply with legal provisions. A handwritten will must be written and signed by the testator, indicating the date. A typed will prepared by a proxy must be witnessed by two or more...
Learn more >
The notarization of a lawyer's will is subject to market-regulated prices, usually starting from thousands of yuan, and the fee is negotiated based on the scale of the property and the method of notarization. For written and printed wills, there must be at least two witnesses who have no interest in the inheritance. Defects in the witnessing process are a common reason for the invalidation of will...
Learn more >
If there is no will, the inheritance shall be handled in accordance with the statutory succession, and the first order of succession shall be the spouse, children, and parents; the lawyer can sort out the scope of the heirs, investigate the estate, design a discounted payment plan, and represent the litigant in the lawsuit. The first-instance ordinary procedure is generally concluded within six mo...
Learn more >
Before dividing the inheritance, it is necessary to identify the assets such as real estate, savings and wealth management products, provident fund and pension, insurance money, equity, vehicles, and creditor's rights and debts. First, half of the marital joint property should be extracted, and then the assets should be distributed according to the will or statutory inheritance.
Learn more >
The validity of a will made by a person with dementia shall be determined based on whether they can recognize the consequences of their actions at the time of making the will; Article 1143 of the Civil Code stipulates that a will made by a person with no or limited capacity for civil conduct is invalid, and the party claiming the invalidity shall bear the burden of proof.
Learn more >
Several wills conflict with each other. According to Article 1142 of the Civil Code, the last valid will shall prevail, and notarized wills shall no longer have priority. The court will first review the formal validity of the wills and then determine their priority. Disputes must be litigated within three years.
Learn more >
According to Article 1142 of the Civil Code, the testator may revoke or modify the will at any time, and the content of the will is not fixed. Among several wills, the latest one shall prevail, and the will written and printed by others must be witnessed by two witnesses.
Learn more >
According to Articles 1127 and 1130 of the Civil Code, heirs who fulfill their main duty of support or live together with the decedent may receive a larger share of the inheritance; the statute of limitations for inheritance disputes is three years, and evidence should be fixed as early as possible.
Learn more >
According to Article 1064 of the Civil Code, gambling debts are not incurred for daily family life, and the creditor must provide evidence that the debts are used for common living expenses. Interpretation (I) Article 34 clearly states that illegal debts will not be supported.
Learn more >
The fees charged by divorce lawyers are based on a per-case basis, a percentage of the litigation amount, or an hourly rate. Risk-based representation is prohibited in marital cases. The court litigation fees range from 50 to 300 yuan per case, and a written contract will be signed after a consultation and assessment.
Learn more >
The five criteria for selecting a marital and family lawyer are: professional qualifications, experience in similar cases, quality of solutions, transparent fees, and effective communication; the first-instance ordinary procedure is generally concluded within six months.
Learn more >
