Frequently Asked Questions

25 2026-9

What should I do if an unlicensed house is considered an illegal construction and is subject to forced demolition?

The absence of a construction license does not necessarily mean that the building is illegal. The demolition must be carried out in accordance with Article 44 of the Administrative Enforcement Law, with a public notice and a period of notice. During the period of review and litigation, the demolition cannot be carried out. If the building is forcibly demolished, the owner can file for review withi...

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25 2026-9

Who owns the compensation money for the expropriation of arable land?

The land compensation fees shall be owned by the village collective and distributed to its members. The compensation for young crops and attachments shall belong to the owners. The resettlement assistance fees shall be given to the people who need to be resettled. If the compensation is withheld, the villagers can protect their rights through three channels: public disclosure of village affairs, r...

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25 2026-9

How can small and medium-sized enterprises avoid their business operations turning into criminal offenses?

The criminal risks of SMEs are concentrated in areas such as taxation, financing, bribery, and employment. For first-time tax evaders who pay back the tax arrears and administrative fines, criminal charges will not be pursued. Five practical actions can help enterprises stay within legal boundaries.

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25 2026-9

What key evidence is needed for a defense of not guilty?

The defense of innocence revolves around four lines of review: objective evidence, expert qualifications, contradictions in confessions, and procedural legality. Only confessions cannot convict, and a verdict of not guilty should be made when the evidence is insufficient. The review and prosecution stage is a window of opportunity to strive for non-prosecution.

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25 2026-9

What evidence is required for criminal charges of contract fraud?

The charge of contract fraud requires four types of evidence: the contract and the subject, the payment and the loss, the deception method, and the whereabouts of the funds. If the public security organ refuses to file a case, the complainant can request a review or apply to the procuratorate to supervise the filing of a case. The earlier the evidence is fixed, the greater the chance of recovering...

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25 2026-9

What are the differences between criminal compliance and traditional corporate compliance?

Criminal compliance uses criminal law as a benchmark to prevent enterprises and entrepreneurs from being involved in crimes. Under the double punishment system, the risk directly threatens personal freedom. Traditional compliance focuses on administrative regulations. It is recommended to build a hierarchical system and conduct an annual criminal risk checkup.

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25 2026-9

What is the criminal compliance non-prosecution system?

For the enterprises involved in the case who plead guilty, accept the punishment, complete the compliance rectification, and pass the review, the procuratorial organ may, in accordance with Article 177 Paragraph 2 of the Criminal Procedure Law, decide not to prosecute or make recommendations for leniency; in practice, the rectification period is usually six months to one year.

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25 2026-9

How to criminally charge an employee within the company for embezzlement?

Employees who take advantage of their positions to embezzle the unit's property and the amount is relatively large shall be guilty of the crime of embezzlement in accordance with Article 271 of the Criminal Law; first audit the flow of fixed funds, then draft a complaint letter and report the case to the police. Criminal complaints can be conducted in parallel with civil claims for compensation.

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25 2026-9

For ordinary people encountering a criminal case for the first time, how can they determine whether a lawyer is reliable or not?

There are four steps to evaluating a criminal lawyer: verify their practice license, check if their area of expertise matches your case, request a specific plan, and sign a written contract with the law firm to charge fees through a corporate account. Also, stay vigilant against promises of "guaranteed bail" or "guaranteed acquittal".

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25 2026-9

When a family member is detained by criminal custody on suspicion of fraud, how helpful is it to hire a lawyer?

According to Article 34 of the Criminal Procedure Law, lawyers can intervene from the date of the coercive measures: meeting with clients, reviewing procedures, applying for bail, and submitting opinions against arrest; the maximum period for approving arrest after detention is 37 days, and the earlier the lawyer intervenes, the more beneficial it will be.

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25 2026-9

What are the criteria for filing a criminal charge?

To file a case, it is necessary to simultaneously meet the following conditions: there must be criminal facts, there is a need to investigate criminal responsibility, and the case must fall within the jurisdiction. The case shall be reviewed in accordance with Article 112 of the Criminal Procedure Law. The complainant shall prepare a complaint letter and a list of evidence. If the case is not file...

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25 2026-9

How do criminal defense lawyers exclude illegal evidence?

The confessions obtained through torture and coercion shall be excluded according to law; the lawyer shall obtain audio and video recordings and medical examination records, provide specific clues, and promote court investigation. The prosecution shall bear the burden of proof and confirm that the evidence is illegal, which shall be excluded.

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25 2026-9

Can family members visit the detainee during the period of criminal detention?

During the period of criminal detention, family members are not allowed to visit the detainee, and only defense lawyers can meet with them, which should be arranged by the detention center within 48 hours at the latest. Family members can deposit money and send supplies to the detainee, and entrust lawyers to apply for bail pending trial. The first 37 days are a crucial period in this process.

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25 2026-9

When multiple wills conflict with each other, how can their validity be determined?

Several wills conflict with each other. According to Article 1142 of the Civil Code, the last will made shall prevail, and the notarized will shall no longer be given priority. The parts that do not conflict with each other are still valid, and the parts that are invalid or not disposed of shall be handled in accordance with the statutory inheritance.

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25 2026-9

What are the legal forms of a will?

The Civil Code stipulates six forms of wills: self-written, written by others, printed, audio and video recordings, oral, and notarized. The presence of witnesses and the date are indispensable; if the contents of several wills conflict with each other, the latest one shall prevail.

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