Introduction While we advocate conducting affairs in accordance with the law and regulations, in reality, many people seek favors from others for various needs such as their children's education and personal work. If the matter is not accomplished, can a refund be claimed? How to claim a refund is a common issue.   Currently, in judicial practice, there are mainly the following legal views: Improper Enrichment of the Entrusted Person According to Article 122 of the Civil Code: "A person who, without legal basis, obtains an improper benefit from another person, and the person who suffered a loss has the right to request the return of the improper benefit." From this, it can be concluded that improper enrichment needs to meet four constitutive elements: no statutory or agreed upon grounds; one party benefits; the other party suffers a loss; there is a causal relationshi...

1、Belt and Road Initiative and Cross-Border Investment 1.1 Development of the Belt and Road Initiative Since Chinese President Xi Jinping first proposed the Belt and Road Initiative in 2013, it has become one of the largest global infrastructure development and cross-border cooperation plans. As of June 2023, China has signed over 200 cooperation agreements to jointly build the Belt and Road with 152 countries and 32 international organizations. According to data from the National Development and Reform Commission (NDRC) of China, the total population of Belt and Road countries exceeds 4 billion, accounting for nearly 60% of the global population. 1.2 Belt and Road Policies and Projects The Belt and Road Initiative comprises the Silk Road Economic Belt and the 21st Century Maritime Silk Road, covering various regions including Asia, E...

Introduction In bankruptcy practice, creditor review plays a crucial role in ensuring fairness, legality, and the smooth progress of the bankruptcy procedure. In this article, the author will analyze from the perspectives of bankruptcy practice and legal norms, hoping to provide valuable information and guidance for creditors in the handling of claims and debts in bankruptcy.   What is Creditor Review? Creditor review plays a vital role in the bankruptcy procedure, with its core goal being to determine the list of creditors and the amount of claims for the bankrupt enterprise or individual. It not only helps safeguard the legitimate rights of creditors but also contributes to transparency and fairness in the bankruptcy process. Creditor review ensures that creditor declarations are true and complete, and creditor information is accurately recorded, providing a reliable basi...

  Introduction A lawyer is an uninterrupted pursuit, continuously navigating between dreams and reality, perpetually embodying the spirit of "holding the world with reason, acting in accordance with the law." Similar to doctors who wish for a world free of suffering, willing to let their medicine gather dust on the shelves, lawyers embody the most cherished pursuit of "resolving disputes, achieving a world without litigation." The contradiction between the growing aspirations for a better life by the people and the imbalance and inadequacy of development is the primary contradiction in social development. Although the law can mitigate and resolve these contradictions, it has its limitations, such as conflicts between legal principles and common sense, conflicts between legal principles and ethics, and the law's inherent lag. Economic foundations determine the superstructure, a...

Introduction The interest deducted in advance from the principal in loan relationships is commonly referred to as "pre-deducted interest" in the community. The existence of "pre-deducted interest" is to help lenders recover interest in advance and reduce the risk of the loan by deducting interest from the principal when providing the loan. However, this practice results in the amount available to the borrower for direct use being essentially the amount after deducting the interest from the agreed principal. Nevertheless, the borrower is required to pay interest based on the agreed principal. This undoubtedly increases the burden on the borrower and harms the borrower's legitimate interests. To address this issue in practice, uphold the principle of fairness, and prevent lenders from determining unequal contract terms using their advantageous position, Article 670 of the Civil C...

Introduction: In accordance with the "Provisions of the Supreme People's Court on Determining the Remuneration of Administrators in the Adjudication of Enterprise Bankruptcy Cases," Article 2 states, "The people's court shall determine the administrator's remuneration in segments within the following percentage limits based on the total value of the debtor's property finally realized: (1) Not exceeding one million yuan (inclusive), determined at less than 12%; (2) Exceeding one million yuan up to five million yuan, determined at less than 10%; (3) Exceeding five million yuan up to ten million yuan, determined at less than 8%; (4) Exceeding ten million yuan up to fifty million yuan, determined at less than 6%; (5) Exceeding fifty million yuan up to one hundred million yuan, determined at less than 3%; (6) Exceeding one hundred million yuan up to five hundred million y...

行业现状：   Based on data from 2021, the average annual income per lawyer in the country is about 300,000 yuan. There is a significant difference in the average income per lawyer between regions. For example, in Xi'an, the average income per lawyer is 243,000 yuan, while in Shanghai, it is 1,016,000 yuan. In addition, there is a larger gap in average income per lawyer compared to accounting firms. According to the data from the third issue of the "Chinese Certified Public Accountant" in 2022, as of December 31, 2021, the industry's revenue was 128.289 billion yuan, with a total of 10,142 accounting firms (including branches), 97,563 practicing certified public accountants, and an average revenue of 1.3149 million yuan per registered certified public accountant. (Note: Revenue does not equal personal income.) Therefore, although the legal profession may seem glamorous...

Introduction Recently, table tennis stars Ai Fukuhara and Hongjie Jiang once again became a hot topic due to issues of divorce involving "snatching children" and "hiding children." In July of last year, the issue of the female party visiting the child alarmed the police. This summer, a press conference was held regarding the issue of child custody. Two years after the divorce, the grievances between this once-loving couple remain unresolved. On the afternoon of July 27, Jiang Hongjie held a press conference in Japan, claiming that due to Fukuhara Ai's complete disappearance, he had not seen the child for a year. He requested Fukuhara Ai to comply with the judgment of the Japanese court and hand over the child to him. Fukuhara Ai quickly responded, accusing the male party of lying about being out of contact with the child and criticizing him for not bringing adult m...