China Laws and Regulations Update in December 2023

1. Opinions on Handling Criminal Cases of Dangerous Driving while Intoxicated

Promulgated by The Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of Justice

Promulgated date:13 December, 2023

Implementation date: 28 December, 2023

Document number: SPP [2023] No. 187

The Opinions consists of 30 articles, divided into six parts, namely, general requirements, filing and investigation, criminal prosecution, expeditious handling, comprehensive management and supplemental provisions, which are comprehensive in content and tightly regulated by law. Among them, the filing and investigation part has prescribed the filing standards, definitions of roads and motor vehicles, enforcement measures, and evidence collection, etc.; the criminal prosecution part has prescribed the circumstances for heavier and lenient punishment, the identification and sentencing standards for significantly minor and minor circumstances, public services, and the connection between criminal and administrative penalties, etc.; the expeditious handling part has prescribed the principle, scope, period and process of applying the expeditious handling mechanism to driving while intoxicated cases. (Source: Supreme People’s Procuratorate)

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China Laws and Regulations Update in November 2023

1. Administrative Measures for the Capital of Commercial Banks (Revised)

Promulgated by National Financial Regulatory Administration (NFRA)

Promulgated date: 1 November, 2023

Implementation date: 1 January, 2024

Document number: NFRA Order No. 4

Recently, the National Financial Regulatory Administration has issued the revised Administrative Measures for the Capital of Commercial Banks (hereinafter referred to as the Measures), which will come into force on January 1, 2024, and simultaneously issued the Circular on Matters Related to the Implementation of the Administrative Measures for the Capital of Commercial Banks. The Measures consists of 10 chapters and 206 articles, including the calculation of capital regulatory indicators and regulatory requirements, and the definition of capital. In terms of risk management requirements, the Measures requires the establishment and effective implementation of corresponding credit risk management systems, processes and mechanisms, the formulation by banks of business policies for and segmentation and management of trading desks on which the measurement of internal modeling method is based, and the establishment and improvement of the standards, rules and processes for the collection of loss data before applying for the adoption of loss multiplier and coefficient given by the administration. In terms of improving supervision and inspection requirements, the Measures clarifies that, on one hand, the content of supervision and inspection should be improved with reference to international standards; on the other hand, the implementation of the policy should be facilitated based on the existing domestic supervisory system. (Source: National Financial Regulatory Administration)

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China Laws and Regulations Update in October 2023

1. Decision to Amend the Provisions of the Supreme People’s Court on Several Issues Concerning Intellectual Property Tribunal

Promulgated by Supreme People’s Court

Promulgation date: 27 October, 2023

Implementation date: 1 November, 2023

Document number: LI [2023] No. 10

The Decision amends the original Article 2, clarifying the scope of the Intellectual Property Tribunal’s hearing of appeal cases and the circumstances under which other cases may be heard. At the same time, Article 3 is amended to read: “The lower people’s court hearing the case referred to in Article 2 of these Provisions shall, in accordance with the provisions, promptly transfer the paper and electronic files to the Intellectual Property Tribunal.” The Decision adds an article as Article 4: “The Intellectual Property Tribunal may require the parties to disclose the information on relevant cases involving the ownership of, infringement upon, granting and confirmation of the intellectual property rights involved in the case. A party’s refusal to make a truthful disclosure may be taken as a consideration in determining whether it follows the principle of good faith and constitutes an abuse of rights, etc.” The Decision also makes changes to other articles. (Source:The Supreme People’s Court website)

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How Difficult is it for Heygen AI Services that Make Guo Degang Tell English Jokes to Land in China?

(By You Yunting) Recently, many videos of celebrities speaking foreign languages have appeared on the Internet, such as Guo Degang and Zhao Benshan telling English jokes, and Taylor Swift and Donald Trump speaking Chinese, which is actually supported by using AI services of Heygen. I visited Heygen’s website and found that it was not available to domestic users with no WeChat and Alipay in the service payment channel, but in fact Heygen’s founders are two Chinese, both graduating from Tongji University. Today I would like to discuss the formalities Heygen needs to go through in order to have its AI services land in China.

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China Laws and Regulations Update in September 2023

1. Civil Procedure Law of the People’s Republic of China (Amended)

Promulgated by Standing Committee of the National People’s Congress

Promulgation date: 1 September, 2023

Implementation date: 1 January, 2024

Document number: Chinese President Order No. 11

The Decision focuses on amending and improving the part on “Special Provisions on Foreign-related Civil Procedures”. Specifically, it amends the relevant provisions on jurisdiction, expanding the jurisdiction of Chinese courts over foreign-related civil cases; adds the general provisions on parallel proceedings, the principle of forum non conveniens, and other relevant provisions; amends the relevant provisions on service of litigation documents on a party that has no domicile within the territory of the People’s Republic of China; improves the system of judicial assistance in foreign-related civil cases, and adds relevant provisions on the investigation and evidence collection outside the territory of the People’s Republic of China ; and improves the basic rules on the recognition and enforcement of effective judgments and rulings by foreign courts. The Decision also makes corresponding amendments to other parts, such as the addition of a new section on “Cases of Appointment of Estate Administrator” in the original Chapter XV on “Special Procedures”. (Source: National People’s Congress)

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China Laws and Regulations Update in August 2023

1. Provisions on Evidence in Civil Litigation on Ecological and Environmental Infringement

Promulgated by The Supreme People’s Court

Promulgation date: 15 August, 2023

Implementation date: 1 September 2023

Document number: LI [2023] No. 6

The Provisions consists of 34 articles, including, in addition to the introductory paragraph, the scope of application, the burden of proof, the investigation, collection and preservation of evidence, the principle of common evidence, expert evidence, orders for the production of documentary evidence, and discretionary damages.

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How Does George Martin Prove ChatGPT’s Misuse of Game of Thrones as Training Materials

(By You Yunting) It was reported that Authors Guild and 17 writers, including George Martin, author of A Song of Ice and Fire: A Game of Thrones, brought a collective action against OpenAI, an intellectual intelligence company to the United States District Court for the Southern District of New York, claiming that OpenAI used the copyrighted work to train AI models without authorization[1]. With great interest in how the plaintiff proved OpenAI misused A Song of Ice and Fire: A Game of Thrones to train ChatGPT, I read the Complaint on the website of Authors Guild. In this article, I would like to analyze this case based on copyright laws.

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China Laws and Regulations Update in July 2023

1. Provisional Rules on Generative AI Services

Promulgated by Cyberspace Administration of China, National Development and Reform

Commission of the People’s Republic of China, etc.

Promulgation date: 13 July 2023

Implementation date: 15 August 2023

Document number: CAC, NDRC, MOE, MOST, MOIIT, MOPS, NRTA Order No.15

Six government departments, including Cyberspace Administration of China recently co-issued the Temporary Rules on Generative AI Services (“Rules”) which will be brought into action from August 15th.

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China Laws and Regulations Update in June 2023

1. Obstacle Free Environment Law

Promulgated by National People’s Congress

Promulgation date: 29 June 2023

Implementation date: 1 September 2023

Document number: Chinese President Order No.6

The Obstacle Free Environment Law consists of eight chapters and 72 articles, dealing with facility construction, information exchange, social services, etc. under major obstacle free environment policies in a comprehensive and organized way. This law explicitly states that obstacle-free environment is mainly for disabled and old people. The policies, standards, requirements under this law are mainly intended to meet the needs and expectations of disabled and old people, reflect its special characteristics, deal with real issues and make specific provisions more suitable and effective. It also stresses that obstacle-free environment is basic, generally accessible and beneficial to all, stating that people but disabled and old ones who need no obstacle can use the obstacle-free environment to make the obstacle environment benefit all in our society. (Source: NPC website)

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China Laws and Regulations Update in May 2023

1. Interpretation of Several Issues Concerning Law Application in Criminal Cases Arising from Adolescent Rape or Obscenity

Promulgated by Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security and Ministry of Justice

Promulgation date: 25 May 2023

Implementation date: 1 June 2023

Document number: SAMR Order 72

The Interpretation consists of sixteen articles in six parts.

First, circumstances where child rapists should be sentenced to heavier penalties. In Article 1 of the Interpretation, there are six circumstances where “heavier penalties at a higher level” should be given to child rapists in criminal law, including rape by violence, force, etc., or in a house or dormitory. It also sets out that adults who committed adolescent rape or obscenity and pleaded guilt should be sentenced to lenient penalties with severity.

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Are Pig Breeding Businesses under Non-poaching Pact Really Reckless to Face the Risk of Ten Billion Penalties for Monopolies?

(By You Yunting) According to a media report[1], Muyuan Group, a big pig breeding business announced a non-poaching pact among Muyuan, Wens, Twins, Chai Tai and other big businesses, advocating no poaching, less competition and sound development in the industry, stating any violation will result in retaliation. I couldn’t help feeling surprised for the pact probably violating the Anti-monopoly Law and resulting in a penalty of hundreds of million to tens of billion RMB.

Non-poaching pact

In order to reduce internal competitions and develop in sound environments, we advocate:

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China Laws and Regulations Update in April 2023

1. Internet Advertisement Regulations

Promulgated by State Administration for Market Regulation

Promulgation date: 20 March 2023

Implementation date: 1 May 2023

Document number: SAMR Order 72

The Rules further clarifies responsibilities of advertisement owners, internet advertisement managers and publishers and internet information service providers; actively addresses social concerns, includes provisions relating to pop-up ads, splash ads and ads published by smart device; further specifies advertisement regulatory rules in key areas, including “advertorials”, internet advertisements containing links, cost-per-click, algorithm recommended or live stream advertisements and ads indirectly published subject to approval; adds provisions relating to jurisdictions over advertising sponsors. It establishes a system that supports regulation and law administration in internet advertising and energizes the orderly growth of the internet advertising industry. (Source: SAMR website)

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What Problems Does “AI Sun Yanzi” Have in Intellectual Property and Law?

(By You Yunting) Various AI generated songs by “AI Sun Yanzi” hit the screen the other day. Related intellectual property issues became hot topics on media. I would like to discuss legal issues relating to songs generated from real person’s voice extracted by AI engines.

In brief, based on intellectual property law, it is not very likely that songs generated by AI trained with real person’s voice and used for non-commercial purpose infringe other person’s rights, but before they are made available online, licenses for copyright, backing music and elements used in videos should be obtained. In Civil Code, however, songs generated by AI trained with real person’s voice must be subject to the person’s authorization or otherwise, could infringe personal rights. Let’s look at the “AI Sun Yanzi” case.

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Advantages and Disadvantages of Incentive Shares Held Directly and Indirectly

(By Bai Lituan) Over recent years increasingly more businesses have used incentive shares to retain key employees. They may hold shares in the subject company directly (hereinafter referred to as “holding shares directly”) or indirectly through a limited partnership i.e., a platform for employees to hold shares (hereinafter referred to as “holding shares indirectly”). What are the advantages and disadvantages of holding shares directly or indirectly? This article deals with this issue in the areas of business control and tax burden.

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China Laws and Regulations Update in March 2023

1. Amendments to Legislative Law of the People’s Republic of China

Promulgated by National People’s Congress

Promulgation date: 14 March 2023

Implementation date: 15 March 2023

Document number: NPC’s decision to amend the Legislative Law

According to the decision, the main content of the amendment is 1. improvement of legislative guidelines and principles, 2. administration of the Constitution and its supervision and clarification of Constitution compliance review requirements for the work on legislative and recordation review; 3. improvement of the mechanism for connecting and unifying legislative and reform decisions and the decision making rules for grant of powers; 4. implementation and demonstration of the whole-process people’s democracy philosophy; 5. scientific, democratic and legal legislation requirements; 6. the legal status of supervision laws and improvement of entities responsible for formulating rules of departments under the State Council; 7. improvement of legislative powers of a city divided into districts and clarification of rules and the work mechanism on coordination in local law making between districts; 8. improvement of recordation review rules; and 9. improvement of the work on legal advocacy. (Source: NPC website)

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