Legal Analysis on Whether the Unauthorized Production and Sale of Electronic Cigarettes Constitutes the Crime of Illegal Business Operation

Author | Xiao Liang

Abstract

In recent years, regulation of the e-cigarette industry has become increasingly stringent. In particular, the promulgation of the “Measures for the Administration of E-Cigarettes” and the revision of the “Implementing Regulations of the Tobacco Monopoly Law” have heightened the legal risks facing the e-cigarette sector. However, the current legal and regulatory framework primarily focuses on e-liquid and finished e-cigarette products. Whether e-cigarette devices—defined as apparatuses that deliver nicotine-containing liquids or similar substances for inhalation, sucking, chewing, or nasal absorption—are classified as tobacco monopoly products and thus subject to regulation under the crime of illegal business operations remains a highly contentious issue in judicial practice, with no definitive conclusion reached to date.

This article analyzes the legal nature of electronic cigarette devices, the constituent elements of the crime of illegal business operations, and relevant judicial practice. The author argues that, within the current legal framework, the unauthorized production and sale of electronic cigarette devices should not constitute the crime of illegal business operations; however, such conduct may still constitute the crimes of producing and selling substandard or counterfeit products, counterfeiting registered trademarks, and selling goods bearing counterfeit registered trademarks.

Keywords: electronic cigarette devices, tobacco monopoly, crime of illegal business operations

1.

The Raising of the Question

As the e-cigarette market continues to grow rapidly, the government has been steadily strengthening its regulatory oversight of e-cigarettes. Effective May 1, 2022, the “Administrative Measures for E-cigarettes” for the first time explicitly defines e-cigarettes as a new type of tobacco product, subjecting their production and operation to administrative supervision and management, and placing e-cigarette products, e-liquids, and nicotine for use in e-cigarettes under the exclusive management system for tobacco.

The original intent of drafting this measure was primarily to regulate finished nicotine-containing electronic cigarettes; however, upon formal promulgation, electronic cigarette devices were also brought under the purview of tobacco monopoly administration. This has given rise to a new issue concerning the interface between administrative law enforcement and criminal justice: namely, whether the unauthorized manufacture and sale of electronic cigarette devices, like the illegal production and operation of traditional cigarettes, may likewise constitute the crime of “illegal business operations” under Article 2

25of the Criminal Law.

This issue is highly controversial in judicial practice, and no definitive conclusion has yet been reached.

In recent years, numerous cases of illegal business operations involving e-cigarettes in judicial practice have primarily targeted the production and sale of nicotine-containing e-cigarette products without authorization; however, there have been few instances of criminal penalties under the charge of illegal business operations imposed solely on e-cigarette devices. This article aims to examine whether the unauthorized production and sale of electronic cigarette devices constitute the crime of illegal business operations, and to analyze the potential legal liabilities that may arise.

2.

An Analysis of the Constitutive Elements of the Crime of Illegal Business Operations

Article 225 of the Criminal Law stipulates: "Anyone who, in violation of state regulations, engages in any of the following illegal business activities and thereby disrupts market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined an amount ranging from one to five times the illegal proceeds, or only such a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of more than five years, and shall also be fined an amount ranging from one to five times the illegal proceeds or have his property confiscated: (I) operating without a license goods that are subject to exclusive operation or exclusive sale as prescribed by laws or administrative regulations, or other goods whose trading is restricted; (II) buying and selling import and export licenses, certificates of origin for imports and exports, and other business licenses or approval documents as prescribed by laws or administrative regulations; (III) engaging in securities, futures, or insurance businesses without approval by the competent authorities of the State, or illegally conducting fund payment and settlement services; (IV) other illegal business activities that seriously disrupt market order."

Engaging in the illegal trading of foreign exchange outside venues designated by the state, thereby disrupting market order, and where the circumstances are serious, shall be subject to criminal conviction and punishment in accordance with Article 225 of the Criminal Law.

With regard to the production and sale of e-cigarette devices, if such activities violate state regulations by illegally engaging in the exclusive operation, exclusive sales, or restricted trading of goods as prescribed by laws and administrative regulations, thereby disrupting market order, and the circumstances are serious, criminal liability shall be pursued under the crime of illegal business operations. Its constituent elements include:

Violating state regulations--Violating laws and administrative regulations concerning market access, business licensing, or exclusive operations (specifically, violating the state’s laws and regulations on tobacco monopoly administration by operating without a license issued by the competent administrative authority for tobacco monopoly);

Illegal trade of specific goods--The items being traded must be those that, pursuant to laws and administrative regulations, are expressly designated as subject to exclusive operation, exclusive sales, or restricted trading (specifically, engaging in the illegal trade of tobacco monopoly products without the requisite permits, including the Tobacco Monopoly Production Enterprise License, the Tobacco Monopoly Wholesale Enterprise License, the Special Tobacco Monopoly Operation Enterprise License, and the Tobacco Monopoly Retail License);

Disrupting market order— Illegal business practices have disrupted market order;

The circumstances are serious.— The business operation is large in scale, generates high profits, involves a substantial amount of money, or causes serious social impact (specifically, any of the following circumstances apply: the illegal business turnover exceeds RMB 50,000, or the illegal gains exceed RMB 20,000; the quantity of illegally traded cigarettes exceeds 200,000 sticks; or, within three years, the individual has been subject to two or more administrative penalties for illegal trading of tobacco monopoly products and subsequently engages in such illegal trading again with an amount exceeding RMB 30,000).

Thus, whether the unauthorized manufacture and sale of e-cigarette devices constitutes the elements of the crime of illegal business operations hinges on whether such devices fall within the category of items that, pursuant to state regulations, are subject to exclusive operation, exclusive sales, or restricted trading.

3.

Analysis of the Legal Attributes of Electronic Cigarette Devices

(I) Analysis of Current Laws and Regulations

According to Article 65 of the Regulations for the Implementation of the Tobacco Monopoly Law, as amended on November 10, 2021, “electronic cigarettes and other new types of tobacco products shall be governed by the relevant provisions applicable to conventional cigarettes under these Regulations.”

Meanwhile, Article 3 of the “Administrative Measures for E‑cigarettes,” which came into effect on May 1, 2022, stipulates that “the term ‘e‑cigarette’ as used in these Measures includes e‑liquid cartridges, vaping devices, and products sold as a combination of e‑liquid cartridges and vaping devices.” This provision has explicitly classified vaping devices as part of the e‑cigarette category, subjecting them to administrative oversight by the State Tobacco Monopoly Administration alongside e‑liquid cartridges.

Through this series of logically interconnected laws and regulations, electronic cigarette devices are, on the surface, being progressively brought under the management framework for tobacco monopoly products.

However, in fact, Article 96 of the Criminal Law stipulates that “‘violation of state regulations’ as used in this Law refers to violations of laws and decisions enacted by the National People’s Congress and its Standing Committee, as well as administrative regulations, administrative measures, decisions, and orders promulgated by the State Council.” Furthermore, Article 91 of the Legislation Law provides that “the ministries and commissions of the State Council, the People’s Bank of China, the National Audit Office, directly affiliated institutions with administrative functions, and other institutions prescribed by law may, within the scope of their respective powers, formulate rules and regulations in accordance with laws and the administrative regulations, decisions, and orders of the State Council.”

Meanwhile, the State Tobacco Monopoly Administration is a state-level bureau under the Ministry of Industry and Information Technology. The “Administrative Measures for E‑cigarettes” it has issued do not, in terms of their legal hierarchy, attain the force of departmental rules and regulations, nor do they qualify as “national provisions.”

In addition, Article 9 of the “Interpretation by the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Illegal Production and Sale of Tobacco Monopoly Products” stipulates: “For the purposes of this Interpretation, ‘tobacco monopoly products’ shall mean cigarettes, cigars, tobacco leaves, re-dried tobacco leaves, raw tobacco leaves, cigarette paper, filter tips, cellulose acetate tow, and tobacco-specific machinery.”

Thus, the judicial interpretation issued by the Supreme People’s Court and the Supreme People’s Procuratorate does not classify e-cigarettes as “tobacco monopoly products,” let alone e-cigarette devices used for smoking.

Therefore, e-cigarette devices have never been designated by “national regulations” as items subject to exclusive operation, exclusive sales, or restricted trading.

(II) Analyzed from the perspective of common sense and reason.

From the perspective of public perception in China, the vast majority of people consider tobacco and cigarettes—because they contain nicotine—to be “state‑monopolized tobacco products.” However, very few would regard smoking pipes or briar pipes as such; these are merely smoking accessories that can even be homemade without incurring any legal risks.

Of course, China’s current Tobacco Monopoly Law and its implementing regulations also do not classify smoking implements such as cigarette holders and pipes as “tobacco monopoly products” subject to regulation.

Similarly, e-cigarette products—such as pods and e-liquids—contain nicotine; therefore, subjecting them to the same regulatory oversight as the state‑designated “tobacco monopoly products” is consistent with the general public’s understanding and constitutes a reasonable “expansive interpretation.” However, e‑cigarette devices, as tools used to consume pods, cannot, under ordinary circumstances or by common sense, be classified as “tobacco monopoly products” within the meaning of criminal law. To broadly include them as objects of the crime of illegal business operations would exceed the scope of the public’s reasonable expectations and amount to an unreasonable “analogical interpretation.”

Additionally, the General Office of the State Tobacco Monopoly Administration’s “Reply on Soliciting Opinions Regarding the Qualification and Other Relevant Issues of E-cigarettes and Other New Tobacco Products” (Guo Yan Ban Zong [2018] No. 182) clearly states that “with regard to e-cigarette cartridges (e-liquids) containing nicotine and other tobacco-derived ingredients, in accordance with the relevant provisions of the Protocol of Accession of the People's Republic of China to the World Trade Organization and the WHO Framework Convention on Tobacco Control, e-cigarettes should be regulated as tobacco products.”

However, devices such as e-cigarette vaporizers, atomizers, and batteries that do not contain tobacco‑specific products are not classified as tobacco monopoly goods. This indicates that, prior to the promulgation of the Measures for the Administration of E‑cigarettes, the State Tobacco Monopoly Administration also regarded e‑cigarette devices as not falling under the category of “tobacco monopoly goods,” a classification that aligns with the public’s general understanding of what constitutes a “tobacco monopoly good.”

4.

Applicability in judicial practice

At present, criminal cases involving the illegal operation of e-cigarettes are primarily concentrated on instances of producing or selling nicotine-containing e-cigarette cartridges without authorization, or cases where both cartridges and vaping devices are involved. By contrast, criminal prosecutions targeting vaping devices sold separately are extremely rare. For example:

In a 2019 e-cigarette case in Shaoxing City, Zhejiang Province—(2019) Zhe 0602 Xingchu857 and (2019) Zhe06 Xingzhong796—the court of first instance held that “the sales records have already excluded items such as e-cigarette devices and cleaning tools, and do not include the amounts corresponding to those items… therefore, it is reasonable and accurate to determine the defendant L’s illicit business turnover on this basis.” The court of second instance agreed, stating that “...the amounts corresponding to e-cigarette devices, cleaning tools, and the like were not included.”

“The original judgment, based on sales records from which electronic cigarette devices and cleaning tools had been excluded, appropriately determined, in the defendant’s favor and at a lower figure, that L.’s illegal business turnover amounted to RMB 2 million; this determination was not improper.”

In the 2023 electronic cigarette case in Shanghai, Case No. (2023) Hu 0151 Xing Chu 298: The public prosecution authority alleged that “at the aforementioned address, the public security organs seized over 40,000 finished electronic cigarette pods, as well as various pod components, e-liquids, and production tools. According to a valuation estimate, the value of the aforementioned electronic cigarette pods exceeds RMB 1.61 million.” The facts and evidence ascertained by the court after trial are consistent with the allegations made by the public prosecution authority.

In the 2024 Shanghai electronic cigarette case, Case No. (2024) Hu 0151 Xing Chu 106, the prosecution alleged that “on September 10, 2023, public security organs seized and impounded more than 2,000 boxes of electronic cigarettes and related smoking devices from the residences of the defendant B in Suqian City, Jiangsu Province, and Taicang City, Jiangsu Province, with a total value exceeding RMB 100,000.” The facts and evidence ascertained by the court through trial are consistent with the charges brought by the public prosecution authority.

Typically, the rationale behind judicial authorities’ classification of e-cigarettes as tobacco products is that the fillers in e-liquid cartridges and e-liquids are derived from tobacco leaves and nicotine, making them no different from traditional cigarettes. The aforementioned three cases all involved both e-cigarette cartridges and vaping devices. In judicial practice, when encountering such cases, the amount of illegal business activity related to e-cigarettes typically excludes the value of the vaping devices; the production and sales value of the devices is usually deducted from the total amount of illegal business activity. However, in some cases, the amounts are calculated together.

This indicates that, in judicial practice, there is a relatively cautious approach to holding individuals criminally liable for the crime of illegal business operations solely on the basis of electronic cigarette devices.

5.

Conclusion

Based on a comprehensive analysis of the constituent elements of the crime of illegal business operations, the legal nature of e-cigarette devices, and judicial practice, the author contends that standalone e-cigarette devices, lacking nicotine content, should not be classified as items subject to state‑mandated exclusive operation, exclusive sales, or restricted trading. Consequently, the production or sale of such devices without authorization should not constitute the crime of illegal business operations.

However, the production and sale of substandard or counterfeit e-cigarette devices may constitute the crime of producing and selling substandard products; alternatively, using a trademark identical to that of another party’s registered trademark on one’s own products without the permission of the trademark owner may constitute the crime of counterfeiting a registered trademark; furthermore, selling e-cigarette devices known to be counterfeit versions of another party’s registered trademark may constitute the crime of selling goods bearing a counterfeit registered trademark, among other offenses.

Author

Introduction

Xiao Liang

Senior Advisor at Zhiheng (Zhongshan) Law Firm

He previously served in a public security bureau in the Pearl River Delta region, holding positions as a government-employed lawyer and deputy chief forensic physician. Over more than fifteen years in the public security sector, he was involved in legal affairs, criminal investigation, forensic science, traffic management, and administrative litigation, handling, reviewing, and assessing over three thousand criminal cases. He possesses extensive practical experience in the investigation and prosecution of major, complex, and difficult criminal cases.

Major/Specialization:Criminal defense, traffic accidents, medical disputes

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Zhiheng Legal Analysis | Key Compliance Considerations in the Construction Phase of Commercial and Industrial Rooftop Distributed Photovoltaic Projects

Zhiheng Legal Analysis | Qualification of the Act of Illegally Selling Substandard Tobacco Products Subject to Exclusive Monopoly, Determination of the Amount Involved, and Defense Strategies

Zhīhéng Legal Analysis | Determination and Compensation for Directors and Senior Managers Who Damage the Company’s Interests by Exploiting or Appropriating the Company’s Business Opportunities

Zhiheng Analysis Method | Litigation Practice in Traffic Accident Cases

Zhiheng Legal Analysis | Defense Strategies for Defining the Subject of Criminal Liability—A Case Involving Two Managers and Charges of “Crime of Major Responsibility Accidents” and “Crime of Forcing Violations and Risky Operations”

Zhiheng Legal Analysis | Defense Strategies for Defining Criminal Liability Subjects — A Case Involving Two Managers and Charges of “Crime of Major Responsibility Accidents” and “Crime of Compelling Violations and Risky Operations” Zhiheng Legal Analysis | Series on the Crime of Major Responsibility Accidents, Part III: Scope and Calculation Methods for Compensation for Personal Injury Damages

Zhiheng Analysis | Does a shareholder’s repeated filing of lawsuits concerning the right to information constitute repetitive litigation?

Zhiheng Analysis of Laws | Comparison and Brief Analysis of the Provisions of China's Civil Code with Those of Major Continental Law Countries or Regions (I): Chapter Structure and Overall Characteristics

Zhiheng Legal Analysis | Key Points for Review and Defense in Cases of Counterfeiting a Registered Trademark

Zhiheng Legal Analysis | A Perspective on the New Company Law Through the Doctrine of Disregard of Corporate Personality

Zhiheng Analysis | Newly employed workers who suffer work-related injuries are entitled both to apply for occupational injury benefits and to claim compensation under accident insurance.

Zhiheng Legal Analysis | Defense Strategies for the Crime of Illegally Absorbing Public Deposits

Zhiheng Legal Analysis | Series on the Crime of Major Responsibility Accidents, Part II: Standards for Filing a Case and Criteria for Conviction and Sentencing

Zhiheng Legal Analysis | Key Defense Points Regarding the Issues of Hierarchical Structure and Number of Participants in the Crime of Organizing and Leading Pyramid Schemes

Zhiheng Legal Analysis | An Examination of Legal Issues in Equity Nominee Holding

Zhiheng Analysis | Series on the Crime of Major Responsibility Accidents – Part 1: Constitutive Elements, Regional Case-Ruling Trends, and Relevant Laws and Regulations

Zhiheng Legal Education | How can a shareholder of a single-member limited liability company avoid joint and several liability?

Zhiheng Analysis | A Brief Examination of the Validity When Shareholder Agreements and Articles of Association Conflict

Zhiheng Analysis | An Examination of the Timing for the Acquisition of Shareholder Status by the Transferee in the Equity Transfer of a Limited Liability Company

Zhiheng Analysis | A Brief Analysis of the Exercise of the Right to Terminate a Contract When Breach Continues

Zhiheng Analysis | Determination of “Improper Purpose” in Shareholders’ Right-to-Information Litigation

Zhiheng Legal Analysis | Identification and Determination of the Actual Controller of a Company

Zhiheng Analysis | Practice of Securities Misrepresentation Liability Disputes, Part III: How to Calculate Investment Losses in Bullish-Inducement Cases

Zhiheng Analysis | Repeated Pledging of Metal Warehouse Receipts Does Not Constitute the Crime of Contract Fraud

Zhiheng Analysis | “Concealment of Evidence That Would Have a Material Impact on the Fairness of the Award” in the Revocation of an Arbitral Award

Zhiheng Analysis | A Brief Discussion on Third-Party Objections to Enforcement and Actions for Judicial Review of Enforcement Orders

Zhiheng Legal Analysis | A Brief Analysis of Several Issues Concerning Directors’ Compliance Obligations

Zhiheng Analysis | A Brief Analysis of the Guarantor’s Right of Recourse Against the Debtor in Enforcement Guarantee Cases

Zhiheng Legal Analysis | Case Study: Determination of the Crime of Refusing to Execute Judgments and Rulings [Hainan Province]

Zhiheng Legal Analysis | The New Company Law: A Comparative Analysis of the Shareholder Forfeiture System and the Shareholder Removal System

Zhiheng Analysis | The Most Frustrated and the Most Excited Under the New Company Law

Zhiheng Analysis | Practical Series on Securities Misrepresentation Liability Disputes – Part II: Determination of Transactional Causation and Allocation of the Burden of Proof

Zhiheng Analysis | A Brief Discussion on Dual Shareholder Derivative Suits under the New Company Law

Zhiheng Analysis | Part One of the Practical Series on Securities Misrepresentation Liability Disputes — Identification of Misrepresentation Acts and Materiality

Zhiheng Legal Analysis | Resolving Quality Disputes in Commodity Sales Contracts

Zhiheng Analysis | Reflections on Controlled Delivery Triggered by Provocation of Criminal Intent

Zhiheng Analysis | Jurisdictional Analysis of Civil and Commercial Cases Involving Wholly Foreign-Owned Corporations with Ties to Taiwan, Hong Kong, and Macao

Zhiheng Legal Analysis | On the Essential Difference Between De Facto Bigamy and “A Person with a Spouse Cohabiting with Another Person”

Zhiheng Legal Analysis | Defense Arguments in Cases of Intentional Injury

Zhiheng Analysis | Intersection of Corporate Law and Labor Law: A Brief Analysis of Labor Disputes Involving Company Executives

Zhiheng Law Analysis | Feedback on the Judicial Interpretation (II) of the Marriage and Family Chapter of the Civil Code (Draft for Comments)

Zhiheng Legal Analysis | Nine Key Analyses of the Most Influential Provisions on Paid-in Capital and Joint and Several Liability under the New Company Law

Zhiheng Legal Analysis | If a marriage is declared invalid, how are property relations during the cohabitation period determined?

Zhiheng Analysis | A Preliminary Examination of the Impact of the New Company Law on Third-Party Objections to Enforcement Proceedings — Focusing on the Amendment of Article 34, Paragraph 2, which replaces “third party” with “bona fide third party”

Zhiheng Legal Analysis | Key Defense Points in Cases of the Crime of Aiding and Abetting Information Network Criminal Activities

Zhiheng Analysis | An Analysis of the Legal Significance of the Expression of Intent and Conduct of a Legal Representative in Arbitration Jurisdiction Agreements

Zhiheng Analysis | The New Company Law: Understanding and Application of the Provisions on Accelerated Maturity of Shareholders’ Capital Contribution Obligations

Zhiheng Analysis | An Examination of the Comparison Issues in Prior Art Defenses

Zhiheng Analysis | Determination of Prior Art in a Patent Non-Infringement Defense

Zhiheng Legal Analysis | A Preliminary Discussion on the Allocation of Risks Arising from the Loss of Equity in the Transfer of Equity Interests in a Limited Liability Company

Zhiheng Analysis | A Brief Examination of Whether Mental Illness Constitutes a Material Disease in the Context of Voidable Marriages

Zhiheng Legal Analysis | An Examination of Key Defense Points in Fraud Cases

Zhiheng Analyzes the Law | Discussion on Legal Practice Issues Related to Debt Assumption (I)

Zhiheng Analyzes the Law | Internet Advertising Series (II): Ad-oriented issues are receiving heightened attention; master seven major compliance methodologies in one article.

Zhiheng Analysis | Third-Party Objection to Enforcement: Can an Agreement in a Divorce Settlement Regarding Property Ownership Preclude Enforcement?

Zhiheng Legal Analysis | Engagement Property Disputes from a Legal Perspective: An Analysis of the Return of Betrothal Gifts

Zhiheng Analyzes the Law | Internet Advertising Series (I): Internet advertising has been booming, and compliance regulation is constantly evolving.

Zhicheng Legal Analysis | Justice and Compromise in Criminal Defense

Zhiheng Legal Analysis | Understanding the Exclusion of Interference with Possession and Judicial Approaches to Adjudication

Zhiheng Analysis | Practical Guidance for Attorneys on Applying to Add Defective Capital Contributors as Enforced Debtors on Behalf of Creditors

Zhiheng Legal Analysis | Prosecution–Defense Debate — A Practical Guide to Criminal Protection of Copyright in Prosecutorial Practice

Zhiheng Analysis | The Determination of “Reasonable Explanation” — Infringement Determination Rules in Computer Software Copyright Cases (Part II)

Zhiheng Analysis | How to Determine “Access” — Infringement Determination Rules in Computer Software Copyright Cases (Part II)

Zhiheng Analysis | Determining “Substantial Similarity” — Infringement Judgment Rules in Computer Software Copyright Cases (Part I)

Zhiheng Analysis | A Brief Discussion on the Litigation (Arbitration) Claim for “Continuing to Perform the Contract”

Zhiheng Legal Analysis | A Brief Discussion on a Comparative Study of Typical Corporate Governance Cases in China and the United States

Zhiheng Analysis | Defendant’s Defense Strategies in Online Copyright Cases

Zhiheng Analysis | Key Defense Points in Cases of the Crime of Assisting Information Network Criminal Activities

Zhiheng Analysis | Conflicts and Coordination of the “Estoppel Principle” in Patent Law

Zhiheng Analysis | How Enterprises Can Protect Computer Software—The Scope of Protection for Computer Software Copyright

Zhiheng Analysis | A Study on Jurisdiction Issues in Trademark Infringement Disputes Involving the Use of Information Networks

Zhiheng Analysis | Practical Issues at the Intersection of Criminal and Civil Law in China’s Trade Secret Protection under the New Legal Framework

Zhiheng Legal Analysis | Current Legislative Status and Trends in the Protection of Trade Secrets

Zhiheng Analysis | A Brief Discussion on the Protection of Property of Criminal Suspects (Defendants) in Criminal Cases

Zhiheng Analysis of Legal Issues | On the Application of “Subordination” in Cases Involving the Determination of Employment Relationships

Zhiheng Analysis | On the Impact of Different Forms of Expression on Patent Infringement Determination — Open-Ended Versus Closed-Ended Expressions

Zhiheng Analysis | Judicial Remedies for the Change of a Nominal Legal Representative

Zhiheng Analysis | Series on Practical Issues in Copyright Law – Part 1: The Composition and Examination of Rights in Works of Fine Art

Zhiheng Clarifies Doubts

Zhiheng Clarifies | Examining Court Interrogation Through a Case I Personally Handled Involving Virtual Currency Fraud: What Should Be Asked?

Zhiheng Clarifies | An Inquiry into the Payment of Management Fees to the Actual Contractor When a Construction Contract Is Invalid

Zhiheng Clarifies | Reflections on the Joint and Several Liability of Affiliated Companies for Debts

Zhiheng Clarifies | Environmental Lawyers Are Indispensable in ESG Services — A Professional Perspective on How Environmental Lawyers Can Excel in ESG-Related Services

Zhiheng Clarifies | If a lawyer pleads not guilty, can the prosecutor withdraw the sentencing recommendation based on the defendant’s guilty plea and acceptance of punishment?

Zhiheng Clarifies | Seven Frequently Asked Questions About Parental Leave in Guangdong Province

Zhiheng Clarifies | Can a lawyer take notes in court?

Zhiheng Clarifies | Walking with You, Regardless of East or West — Zhiheng Chengdu’s Civil and Commercial Litigation Team, led by Attorney Zhang Guangyu, Sets Sail Anew

Zhiheng Clarifies | E-Commerce in India: The Legal Effectiveness of Electronic Contracts and Digital Signatures

Zhiheng Clarifies | Five Practical Issues Arising When Both Final and Non-Final Labor Arbitration Awards Coexist

Zhiheng Clarifies | Data Compliance in Indonesia for Foreign APP Developers—A Case Study of Shared Power Bank Services

Zhiheng Clarifies | Insights from the Qian Family Precepts on the Succession of Family Wealth

Zhiheng Clarifies | Indonesia's E-Commerce Series (II): A Preliminary Exploration of Clickwrap Agreements

Zhiheng Clarifies | A new maxim from Luo Xiang: “We cannot have only the state without the individual; nor can we have only the state without the world.”

Zhiheng Clarifies | Trends in Criminal Defense — Team Collaboration

Zhiheng Clarifies | Indonesia's Electronic Transactions Series (I): Legal Effectiveness of Electronic Contracts and Digital Signatures

Zhiheng Clarifies | Sharing of an “Unconventional” Bar Exam Strategy by a Veteran in the Workplace

Zhiheng Clarifies | Why do lawyers defend “bad people”?

Zhiheng Clarifies | Strategies for Addressing Shareholders’ Malicious Cancellation of a Company to Evade Debts

Zhiheng Clarifies | Does the principle of majority rule apply to adjustments in shareholders’ capital contribution deadlines?

Zhiheng Clarifies | Criminal Defense: Helping Others, Helping Yourself, and Navigating Life

Zhiheng Clarifies | Notarization and Authentication Requirements for Foreign Public Documents Used in Mainland China (IV)

Zhiheng Clarifies | Notarization and Authentication Requirements for Foreign Public Documents Used in Mainland China (III)

Zhiheng Clarifies | Notarization and Authentication Requirements for Foreign Public Documents Used in Mainland China (II)

Zhiheng Clarifies | Notarization and Authentication Requirements for Foreign Public Documents Used in Mainland China (I)

Zhiheng Clarifies | Determining the Court of Jurisdiction in Contract Dispute Cases: The Place of Contract Performance

Zhiheng Clarifies | How Lawyers Witness Shareholders’ Meetings of NEEQ-Listed Companies

Zhiheng Clarifies | Will the court adopt the sentencing recommendation issued by the procuratorate?

Zhiheng Clarifies | A Study on the Nature of EMC Contracts and Related Issues under the “Self-Generated, Self-Consumed with Excess Power Sold to the Grid” Model for Rooftop Distributed Photovoltaic Power Station Projects

Zhiheng Clarifies | The crucial sixty-day window for accepting a bequest—what’s the key?

Zhiheng Clarifies | Growth Experiences After Six Months of Practice

Zhiheng Clarifies | In cases involving the discounting of commercial acceptance bills, how do courts determine the relevant issues during trial?

Zhiheng Clarifies | Does the new Company Law’s provision on joint and several liability for single-member companies apply to state-owned enterprises?

Zhiheng Clarifies | Is the prenuptial agreement you signed valid?

Zhiheng Clarifies | Reflections Three Months After the Group’s Formation

Zhiheng Clarifies | An Examination of Common Points of Dispute in Marriage-Related Fraud Cases

Zhiheng Clarifies | The Disruptor—The Cross-Industry Lawyer: The Path from Novice to Expert

Zhiheng Clarifies | The Metamorphosis from Rookie to Expert

Zhiheng Clarifies | Research on Mortgage Claims — What Should a Second-Priority Mortgage Creditor Do When the Property Is Insolvent?

Zhiheng Clarifies | Right of Residence—A Haven for Debtors Seeking to Evade Mortgage-Related Claims?

Zhiheng Clarifies | The Big Reveal About Filing Fees! How are court filing fees calculated in cases seeking confirmation of the validity of a contract, specific performance, or rescission of the contract?

Zhiheng Clarifies | Strategies for Expanding Case Sources and the Essence of Communication

Zhiheng Clarifies | How is the validity of a wager agreement with shareholders or the actual controller determined?

Zhiheng Clarifies | What should you do if you haven’t paid the required years of pension insurance contributions and are therefore ineligible for retirement benefits?

Zhiheng Clarifies | When a guardian infringes upon the interests of the ward, how can the guardian’s liability be pursued?

Zhiheng Clarifies | May a defendant in an intellectual property infringement lawsuit file a counterclaim on the grounds of malicious litigation?

Zhiheng Clarifies | Several Issues Regarding Lawyers’ Individual Income Tax Annual Settlement

Zhiheng Clarifies | A Practical Analysis of Whether the “Big–Small Week” Work System Requires Payment of Overtime Wages for Public Holidays

Featured Case

Featured Case | Determination of the Employment Relationship Between a Logistics Company and Its Drivers, and Compliance Management

Notable Case | Spouse of a shareholder used a personal account to participate in the company’s operations; the Shenzhen Intermediate Court ruled that they are liable for million‑dollar debts.

Notable Case | Acquittal Defense in a Case of Embezzlement in the Context of Related-Party Transactions

Notable Case | Attorney Zhang Chun secured a decision of non-prosecution (not guilty) in the fraud case involving C.

Notable Case | Attorney Zhang Chun Wins the 2023 Business Achievement Award from the Municipal Lawyers Association—A Few Thoughts on Criminal Defense

Notable Case | Defense Strategies in a Virtual Currency Investment Trading Platform Case Accused of Fraud (Complete)

Notable Case | Respect for One’s Wishes in Life, Fiduciary Guardianship That Lives Up to Expectations — A Commentary on the Final Judgment in the “Fruit Stall” Case

Featured Case | Practical Skills in Reviewing Accident Investigation Reports for the Crime of Major Responsibility Accidents

Notable Case | Illegal Transportation and Storage of Over 280 Jin of Explosives and 416 Detonators—Court Grants Probation (with Legal Opinion)

Featured Case | Company Sues Employee for 4 Million in Damages?

Notable Case | The ability to identify the specific contextual factors underlying a party’s conduct is crucial in determining whether an adverse statement has been distorted—illustrated by the case of A, concerning the determination of whether an introduction fee (from a co-defendant) was received in a money-laundering offense.

Featured Case | How Can a Minority Shareholder Exit the Company by Exercising the Buyback Right?

Notable Case | Does the act of “issuing invoices on behalf of others” constitute a “nominee arrangement” under the law?

Featured Case | Breakup Dispute in the Name of Love

Featured Case | Practice Notes on a Labor Dispute Case

Featured Case | Examining the Conflict and Resolution Between Corporate Copyright and Streamer Portrait Rights Through a Case Study — An Analysis of Compliance Cases in the Live‑Commerce Industry

Notable Case | If a debt is signed by only one spouse, is the other spouse obligated to repay it after divorce?

Featured Case | The Validity and Enforceability of a Shareholder Lock‑Up Agreement: The Case of Shandong [Company Name] Paper Industry as an Example—Enforcement of the Lock‑Up Agreement

Notable Case | The Law Does Not Protect Those Who Sleep on Their Rights—On the Statute of Limitations Through a Case Study

Notable Case | Insights into Judicial Standards for “Inability to Perform the Job” Through the Xiaomi Dismissal Lawsuit

Featured Case | Judicial Standards for the Assessment of Data-Scraping Activities as Seen Through a Weibo Unfair Competition Case

Notable Case | Strategic Approach for Filing a Criminal Complaint in a Financial-Product TR Platform Fraud Case

Featured Case | On the Determination of “Joint Infringement” in Trade‑Secret Infringement Cases: Insights from the “Melamine” Case

Zhiheng Perspective

Zhiheng Perspective | Chinese Lawyers Applying for Hong Kong Identity Cards — The Talent Admission Scheme for Mainland Professionals

Zhiheng Perspective | Chinese Notarization on Entrustment — Procedures for Hong Kong Companies to Establish Foreign-Invested Enterprises in Mainland China Through Chinese Notarization on Entrustment

Zhiheng Perspective | How Chinese Lawyers Can Assist in Opening Hong Kong Bank Accounts in Hong Kong

Zhiheng Perspective | Chinese Lawyers Applying for Hong Kong Identity Cards — The Elite Talent Category

Zhiheng Perspective | Understanding Chinese Notarization by Commission

Zhiheng Perspective | Chinese Lawyers Applying for Hong Kong Identity Cards — The Elite Talent Scheme

Judicial Interpretation

Judicial Interpretation | The Supreme People’s Court has issued the “Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Liability for Ecological and Environmental Torts.”

Typical Case

Typical Cases | The Supreme People’s Court Releases Typical Cases of Crimes Endangering Pharmaceutical Safety

Laws and Regulations

Laws and Regulations | The Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security have jointly issued the “Guiding Opinions on Lawfully Punishing Illegal and Criminal Acts of Cyber Violence.”

Laws and Regulations | Administrative Reconsideration Law of the People's Republic of China

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Zhiheng · Introduction