China Laws and Regulations Update in May 2022

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

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

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

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

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

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

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

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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China Laws and Regulations Update in September 2021

1. Personal Data Protection Law of the People’s Republic of China

Promulgated by the Standing Committee of National Congress

Promulgation date: 20 August 2021

Implementation date: 1 November 2021

The following is main contents of this law consisting of eight chapters and seventy-four articles.

(I) Application scope


Definitions of terms: personal data mean all data related to recognized or recognizable natural people, recorded in electronic or other forms; personal data processing includes collection, storage, use, processing, transfer, provision and disclosure of personal data.

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China Laws and Regulations Update in August 2021

1. Instructions on Support for High Quality Reform and Opening Up and Development of a Pioneer

Socialist Modernization Zone of Pudong New Area

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

Promulgation date: 15 July 2021

According to Instructions, by 2050, Pudong will have become an important urban area with great appeal, creativity, competitive advantages and influence in the world, a world model of urban governance capacity and effects and a brilliant pearl of the modern socialist power.

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China Laws and Regulations Update in July 2021

1. Data Security Law

Promulgated by the Standing Committee of the National People’s Congress

Promulgation date: 10 June 2021

Implementation date: 1 September 2021

Document number: Chinese president order 84

The data security law is an important move for development of digital economy. Over recent years we have continued developing network and digital industries of our country and building an intelligent society. Digital economy where data are used as new essential production materials thrives. Data competition has become an important part of international competition. Data Security Law attaches equal importance to security and development, includes provisions relating to measures for data security and development and the openness of government data and helps legal, reasonable and effective use of data to take full advantage of data as fundamental resources and innovation power, accelerate the formation of digital economy led and sustained by innovation and give more support to economic and social development of our country.

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China Laws and Regulations Update in June 2021

1. Law Against Food Wastes of the People’s Republic of China

Promulgated by the National People’s Congress

Promulgation date: 29 April 2021

Implementation date: 29 April 2021

Document number: Chinese president order 78

The law consists of 32 articles covering definition of food wastes, rules and requirements against food wastes, duties of governments and departments, responsibilities of different persons, incentive and restriction measures and legal responsibilities. It emphasizes the national policy of strict economy against wastes, clarifies duties of governments at different levels and departments of the state council, sets standards for business meals and activities of restaurants and other food businesses, gives individuals and families correct guidance as to the concept of consumption; establishes a social governance mechanism against food wastes with government leadership, department collaboration, industrial guide, media attention and public participation and creates legal obligations in a scientific way, imposing rigid restrictions and strictly administering rules with a strong determination to prevent wastes.

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China Laws and Regulations Update in May 2021

1. Minutes of Meeting on What Courts in China Should Do to Fully Implement Civil Code

Promulgated by the Supreme People’s Court

Document number: L.I.[2021]94

Meeting Minutes clarifies important issues concerning the application of law and work mechanism that should be addressed now to take Civil Code into full action. It is crucial for appropriate administration of Civil Code, creation of uniform law application rules, equal protection of legal rights and interests of all sides and services for excellent social and economic development. Courts of all levels should fully and accurately understand the essence and fundamental parts of Meeting Minutes.

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China Laws and Regulations Update in April 2021

1. Interpretation of the Supreme People’s Court on Exemplary Damages in Civil Cases of Intellectual Property Infringement

Promulgated by the Supreme People’s Court

Promulgation date: 3 March 2021

Implementation date: 3 March 2021

Document number: L.I.[2021]4

Highlights of Interpretation are its clarification of the following matters.

First, relationship between “deliberateness” and “maliciousness”. “Deliberateness” is one of the subjective elements of exemplary damages in the civil law and corresponds to “maliciousness” in Article 63.1 of the trademark law and Article 17.3 of the unfair competition law. Based on opinions and studies in preparations for the Interpretation, “deliberateness” and “maliciousness” should have the same meaning.

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China Laws and Regulations Update in March 2021

1.Interpretation of the Supreme People’s Court on Exemplary Damages in Civil Cases of Intellectual Property Infringement

Promulgated by the Supreme People’s Court

Promulgation date: 3 March 2021

Implementation date: 3 March 2021

Document number: L.I.[2021]4

Highlights of Interpretation are its clarification of the following matters.

First, relationship between “deliberateness” and “maliciousness”. “Deliberateness” is one of the subjective elements of exemplary damages in the civil law and corresponds to “maliciousness” in Article 63.1 of the trademark law and Article 17.3 of the unfair competition law. Based on opinions and studies in preparations for the Interpretation, “deliberateness” and “maliciousness” should have the same meaning.

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