Frequently Asked Questions

28 2026-9

How to handle a defense against a false lawsuit?

If the other party sues with a forged IOU, you should actively defend yourself and provide evidence. According to Article 115 of the Civil Procedure Law, the other party may be fined or detained. If the other party commits the crime of false litigation according to Article 307 of the Criminal Law, the other party will be held accountable. During the enforcement stage, you can raise objections.

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28 2026-9

If the contract does not stipulate the payment time, how can I collect the payment?

If the contract does not stipulate the payment time, the creditor may request performance at any time, but must allow a necessary preparation period; the creditor may send a letter of reminder and claim overdue interest calculated according to the LPR, and the statute of limitations shall commence from the expiration of the reminder period.

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28 2026-9

How to recover the company's arrears through litigation?

To recover the company's arrears, first secure the evidence and then file a lawsuit: file a case in accordance with Article 122 of the Civil Procedure Law, and after winning the case, apply for forced execution; if the shareholder has not paid the capital in full, he/she can claim the accelerated maturity of the investment.

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28 2026-9

When a half-finished building enters bankruptcy reorganization, how should owners declare their claims for compensation?

When a failed real estate project is subject to bankruptcy reorganization, owners should declare their claims for the purchase price and submit contracts and payment receipts within the court's announcement period. Purchasers' claims for compensation shall take priority over ordinary creditors' claims for repayment.

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28 2026-9

What should be done with the debt if the borrower passes away?

The debt of a borrower does not automatically disappear upon their death: the heirs shall pay off the debt within the actual value of the estate; if it is a joint debt of the couple, the spouse should also repay it; and in principle, those who renounce their inheritance rights shall not bear any liability.

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28 2026-9

How is the compensation standard for enterprise demolition calculated?

The demolition of enterprises is accounted for in four categories: housing value, relocation and resettlement, losses from production and business suspension, and incentive subsidies; for state-owned land, it is in accordance with Article 17 of the Regulations on Land Expropriation; for collective land, it is in accordance with Article 48 of the Land Administration Law.

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28 2026-9

Can I refuse to sign the contract if the demolition compensation is unreasonable?

If the compensation is unreasonable, you can refuse to sign it. If you do not agree with the standard amount of resettlement, you can initiate a review litigation or request information disclosure to verify its legality. If you have already signed the agreement but the fraudulent party is not qualified, you can claim that the agreement is invalid or revocable.

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28 2026-9

What losses are included in the compensation for illegal forced demolition?

The compensation for illegal forced demolition includes losses such as the value of the house, the items in the house, temporary relocation, suspension of production and business, and interest; according to Article 36 of the State Compensation Law, if the house can be restored to its original state, it shall be restored; if not, compensation shall be paid.

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28 2026-9

After the arable land is confiscated, what should farmers do if they have no land left?

When cultivated land is expropriated, the owners should be compensated with land compensation fees, resettlement assistance fees, and compensation for housing and seedlings, and be provided with social security arrangements. If the compensation is not in place or the procedures are illegal, the owners can seek protection through information disclosure, reconsideration, and litigation.

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28 2026-9

Can I sue if the land expropriation process is illegal?

The land expropriation without announcement, without a hearing, expropriation before approval, or forced demolition in violation of procedures are all procedural violations. The expropriated persons can file for reconsideration within 60 days or bring an administrative lawsuit within six months to request the revocation of the expropriation decision or a declaration of its illegality.

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28 2026-9

How long does it take to approve the arrest after criminal detention?

Generally, the request for approval of arrest shall be submitted within 3 days after criminal detention. In special cases, the period may be extended by 1 to 4 days, and for those who have committed multiple crimes or formed gangs, the period may be extended to 30 days. The procuratorate shall make a decision within 7 days, with a maximum period of 37 days. During the investigation stage, efforts ...

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28 2026-9

How much does it cost for each of the three stages of criminal defense?

Criminal defense is billed by stages or for the entire process; risk-based attorney fees are prohibited in criminal litigation. The fees are negotiated and agreed upon in writing based on the complexity of the case, and those who are financially struggling can apply for legal aid.

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28 2026-9

What is the complete process of criminal defense?

Criminal defense can be divided into three stages: investigation, review of prosecution, and trial: meeting to obtain bail, reviewing the case file and communicating with the client, and defending in court; according to Articles 34, 40, and 187 of the Criminal Procedure Law, lawyers can get involved in the investigation stage.

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28 2026-9

What are the key points of the defense in the review of the death penalty case?

The death penalty shall be approved by the Supreme Court; the review shall include questioning the defendant and hearing the defense lawyer's opinions. The focus is on the standard of proof, mitigating circumstances, procedural legality, and whether the death penalty must be executed immediately.

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28 2026-9

What are the requirements for initiating a criminal appeal for retrial?

According to Article 252 of the Criminal Procedure Law, an appeal may be filed, and Article 253 lists five circumstances under which a retrial should be conducted, including new evidence, factual errors, insufficient evidence, misapplication of the law, and procedural violations or miscarriages of justice.

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