Category Archives: Laws & Regulations

China Laws and Regulations Update in December 2022

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1. Instructions on Formulating Fundamental Data Policies to Take Good Advantage of Data Elements

Promulgated by the Central Committee of the Communist Party and the State Council

Promulgation date: 19 December 2022

The Instructions includes 20 policies relating to data property, trade, profit distribution and security governance in order to establish underlying data policies and systems in China, fully activate data elements, energize real economic development, vitalize market entities, help develop new growth perspective and promote sound development. The Instructions explicitly mentions exploration of data property structuring system and establishment of confirmation and authorization systems for classification and grading of public, corporate and individual data. It also puts forward establishment and improvement of personal information confirmation and authorization mechanisms in order to cause data processors to legally collect, possess, use and entrust others to manage data containing personal information within the individual’s authorized scope, regulate activities of processing personal information, prevent excessive collection of personal information by “package licensing”, forced approval, etc. and promote fair use of personal information. (Source: Chinese Government website)

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China Laws and Regulations Update in November 2022

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1. Law on Protection of Women’s Interests

Promulgated by Standing Committee of National People’s Congress

Promulgation date: 30 October 2022

Implementation date: 1 January 2023

Document number: Chinese President Order No.122

The Law on Protection of Women’s Rights and Interests aims to fully implement fundamental state policies, including ones relating to the equality between men and women and continue improving rules on protection of women’s rights and interests. In terms of women’s personal and moral rights for which there is widespread concern in our society, based on bans on women trafficking and abduction, it sets out job duties of the government and departments concerned, villagers’ committee and residents’ committee to ascertain, report, rescue, settle, support and take care of women trafficked or abducted, improves women’s employment and social interests, eliminates and sets out circumstances of job and sex discrimination, includes job and sex discrimination in the scope of employment supervision, sets out employer’s responsibilities for protecting women’s interests and explicitly provides that employment (or appointment) contract or service agreement should include provisions relating to protection of women’s interests. (Source: NPC website)

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China Laws and Regulations Update in October 2022

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1. Regulations on Several Issues Connected with People Freed on Bail Pending Trial

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

Promulgation date: 21 September 2022

Implementation date: 21 September 2022

Document number: GTZ[2022]25

To better regulate people freed on bail pending trial and prevent failure to or negligence in the regulation, the Regulations mainly puts forward the following measures.

First, the scope of activities of people freed on bail is clarified. To meet the practical regulatory requirements, the Regulations further specifies the “specific places”, “specific people” and “specific activities” in Article 71 of the Criminal Procedural Law so that enforcement authorities can understand and put these provisions into practice and people freed on bail can clearly know the scope of their activities.

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China Laws and Regulations Update in September 2022

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1. Law Against Telecommunication Fraud

Promulgated by the Standing Committee of National People’s Congress

Promulgation date: 2 September 2022

Implementation date: 1 December 2022

Document number: 119 President Order

The Law Against Telecommunication Fraud consists of seven chapters and fifty articles, including general principles, telecommunication, financial and internet governance, comprehensive measures, legal responsibilities, supplementary articles, etc. in order to give powerful legal support for fighting telecommunication fraud by adhering to the people centered philosophy, balancing development and safety, preventing and governing telecommunication fraud in all parts of the chain and working hard with accuracy. The Law further strengthens punishment for telecommunication fraud by including specialized provisions relating to administrative punishment and further clarifying the offender’s civil responsibilities and records on the credit report.

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China Laws and Regulations Update in August 2022

1. Decision to Abolish and Change a Number of Penalties

Promulgated by State Council

Promulgation date: 12 August 2022

Document number: SI[2022]15

The content of the Decision is comprised of three main parts.

First, abolition and modification of 53 penalties, including 29 ones abolished, 1 by the Ministry of Public Security, 12 by the Ministry of Transportation and 16 by the State Administration for Market Regulation, and 24 ones modified, 19 by the Ministry of Transportation and 5 by the State Administration for Market Regulation. The Decision sets forth names of, bases for creation of, decisions to deal with and regulatory measures that substitute such penalties.

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China Laws and Regulations Update in June 2022

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1. Opinions on Improvement of Block Chain Applications in the Judicial Fields

Promulgated by Supreme People’s Court

Promulgation date: 25 May 2022

Document number: LI[2022]16

Opinions consists of seven parts and 32 articles, clarifying overall requirements for blockchain application in the judicial field and requirements for the establishment of the blockchain platforms of the poeple’s courts, charting courses for four typical application scenarios where blockchain technology facilitates the enhancement of judicial credibility and etc., and specifying measures to guarantee the blockchain application. The Opinions mainly hasthe following features. First, it proposes establishing a judicial blockchain alliance featuring interconnectivity and mutual sharing. Second, it clarifies requirements for the establishment of the blockchain platforms of the people’s courts. Third, it proposes the application of data tamper-proof blockchain technology to enhance judicial credibility. Fourth, it proposes using blockchain to improve business procedures and judicial efficiency. Fifth, it proposes interconnecting blockchains to enhance judicial coordination. Sixth, it proposes using mutual trust of the blockchain alliance for economic and social governance.

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China Laws and Regulations Update in May 2022

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1. Provisions (II) on the Standards for Filing Criminal Cases under the Jurisdiction of the Public Security Organs for Investigation and Prosecution (Amended)

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

Promulgation date: 29 April 2022

Implementation date: 15 May 2022

The standards for filing criminal cases for investigation and prosecution of 21 kinds of cases are improved according to amended laws and legal interpretations. The standards for filing criminal cases for investigation and prosecution of 9 kinds of securities and futures crimes are changed according to Criminal Law Amendment (XI) and the amendments to Securities Law in order to fight crimes relating to securities issuance fraud, breach of disclosure rules, concealment of important information, etc. and protect investors’ legitimate rights and interests. In addition, the standards for filing criminal cases for investigation and prosecution of 12 kinds of crimes, including false registered capital crimes are modified according to the amendments to Criminal Law, Company Law and other laws and legal interpretations.

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China Laws and Regulations Update in April 2022

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1. Interpretation of Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China by the Supreme People’s Court

Promulgated by Supreme People’s Court

Promulgation date: 17 March 2022

Implementation date: 20 March 2022

Document number: L.I.[2022] 9

The Interpretation consists of 29 articles mainly to further clarify Article 2 of the Anti-Unfair Competition Law, counterfeits and confusion, false publicity, unfair competition on the internet, etc. under the amended Anti-Unfair Competition Law.

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China Laws and Regulations Update in March 2022

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1. Interpretation of Several Issues Connected with Application of General Principles of Civil Code

Promulgated by Supreme People’s Court

Promulgation date: 25 February 2022

Implementation date: 1 March 2022

Document number: L.I.[2022] 6

The Legal Interpretation of the general principles part mainly addresses three issues. First, the transition between Civil Code and old laws. After Civil Code was taken into action, the Provisions of Civil Law, the General Principles of Civil Law, the Contract Law, etc. are abolished with relevant legal interpretations such as the Instructions on the Provisions of Civil Law, the Legal Interpretation I of Contract Law, the Legal Interpretation II of Contract Law being abolished by the Supreme People’s Court. Many clauses in these legal interpretations are consistent with Civil Code and helpful for the work of judicial authorities and need to be retained and integrated to avoid law application problems during the transition, adversely affecting the implementation of Civil Code. Second, a collection of experiences and insights in legal practices acquired by courts over a long period of time. Civil Code was made by codification with many clauses sourced from its counterparts. Chinese courts have abundant experience in the application of these clauses to civil cases. These clauses need to be incorporated into it to ensure all cases are decided fairly. Third, in response to law application issues that call for clarification after the Provisions of Civil Law was taken into action. The majority of the General Principles of Civil Code come from the General Principles of Civil Law, which was in force for over four years, in which Chinese courts accumulated rich practical experience and put forward some law application issues to be addressed.

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China Laws and Regulations Update in February 2022

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1. Cyber Security Inspection Rules

Promulgated by Cyberspace Administration, etc.

Promulgation date: 4 January 2022

Implementation date: 15 February 2022

Rules adds activities of online platform operators processing data that affect or might affect national security, etc. to circumstances where cyber security inspection shall be conducted, clearly stating that online platform operators with over one million users’ personal information must apply for cyber security inspection to the cyber security inspection office before going listed abroad. For the purpose of the inspection, CSRC is added to members of the work mechanism for cyber security inspection and national security risk evaluation criteria, etc. are improved. Accordingly, three possible results of the cyber security inspection application are no inspection required, no effect on national security and approval for going listed abroad after the inspection and adverse effect on national security and refusal to grant approval for going listed abroad.

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China Laws and Regulations Update in January 2022

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1. Civil Proceeding Law (Amended)

Promulgated by the Standing Committee of the National Congress

Promulgation date: 15 December 2021

Implementation date: 1 January 2022

Publication No. 106 President Order

The main amendments to the Civil Proceeding Law involve legal confirmation, small action and simplified procedures, sole adjudicator rules and online actions.

First, improvements to the legal confirmation procedures. In the amendment the application scope of the legal confirmation procedures are appropriately broadened to cover agreements reached through legally founded mediation organizations and allow intermediate people’s courts to deal with legal confirmation applications within their competent jurisdictions.

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China Laws and Regulations Update in December 2021

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1. Cyber Data Security Regulations (Exposure Version)

Promulgated by Cyberspace Administration of China

Promulgation date: 15 November 2021

The Exposure Version provides that there should be a data classification and protection system in China, in which data are classified into general, important and core data according to how they affect and how important they are to national security, public interests or individual or organization’s legal rights. Protection measures for data in different classes may differ. In China, enhanced protection is given for personal and important data and strict protection for core data.

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China Laws and Regulations Update in November 2021

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1. Family Education Promotion Law

Promulgated by Standing Committee of National People’s Congress

Document number: No.98 Chinese President Order

Promulgation date: 23 October 2021

Implementation date: 1 January 2022

This law consists of 52 articles and six chapters of general principles, family education administration, promotion and intervention, legal responsibility and additional provisions. The main contents of the law are:

Chapter I “general principles”. This chapter sets out legislative purpose, the meaning, fundamental tasks, legal relationship and fundamental principles in connection with family education.

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China Laws and Regulations Update in October 2021

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1. Notice on Rectifying Virtual Currency “Mining”

Promulgated by eleven departments including NDRC

Promulgation date: 24 September 2021

Document number: FGYX 2021 No.1283

Based on the general principles of “close monitoring, strict risk control, no increase in current amounts and appropriate handling of current projects”, the Notice requires strengthened regulation of the complete industry chain in upper and lower streams of virtual currency “mining”, no new virtual currency mining projects, quicker orderly withdrawal from current projects, improvement of the industry structure and help to achieve the aims to halt the rise of and neutralize carbon emissions. The Notice gives three tasks including comprehensive review and examination of virtual currency mining projects and strict bans on investing and developing new projects, which are divided into specific measures to review and examine current projects and strengthen dual energy consumption control of new virtual currency mining projects. The Notice clearly put virtual currency mining on the list of eliminated industries and strictly bans doing virtual currency mining in the name of a data center.

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