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.

(1) Regarding the burden of proof, the Provisions adopts the normative approach to the classification of legal elements, and determines the burden of proof for each party to the civil litigation on ecological and environmental infringement in strict accordance with the relevant provisions of the Civil Code.

(2) Regarding the standard of proof, Article 8 of the Provisions stipulates that where the court, based on relevant facts and evidence, is convinced that the fact to be proved, which has not been found in a criminal or administrative decision with legal effect due to failure to meet the standard of proof, is highly likely to exist, in the civil litigation on ecological and environmental infringement arising out of the same act of polluting the environment and damaging the ecology, the court shall determine that the fact exists.

(3) Regarding the principle of common evidence, Article 15 of the Provisions, under basic legal principles, makes relatively comprehensive provisions on the specific application of this principle in the judicial practice of ecological and environmental infringement: if a party applies to withdraw the evidence that it has submitted to the court, or declares that the evidence will not be used to prove the facts of the case, such application or declaration will not affect other parties’ invoking the evidence to prove the facts of the case, and the court to examine and determine the evidence.

(4) Regarding expert evidence, the Provisions, in a series of eight articles from Article 16 to Article 23, makes relatively comprehensive provisions on the key and difficult issues concerning the application of the expert evidence system in cases of ecological and environmental infringement.

(5) Regarding the discretionary damages, expenses, etc., Articles 30 and 31 of the Provisions set forth an enumeration of the factors to be taken into account when making a discretionary determination based on sufficiently summarized trial experience. (Source: The Supreme People’s Court)

https://www.court.gov.cn/fabu/xiangqing/408942.html

2. Interpretation of Several Issues Concerning Law Application to Trial of Disputes over Liability for Ecological and Environmental Torts 

Promulgated by The Supreme People’s Court.

Promulgation date: 15 August, 2023

Date of implementation: 1 September, 2023

Document number: LI [2023] No. 5

The Interpretation mainly stipulates the scope of cases of ecological and environmental infringement, the principle of attribution of responsibility, infringements committed by several parties, the subject of responsibility, the assumption of responsibility, and the statute of limitations. According to the Interpretation, environmental pollution includes material pollution such as waste gas and water, as well as energy pollution such as noise and vibration; and ecological damage includes inappropriate exploitation of natural resources, such as illegal mining and indiscriminate logging, as well as illegal introduction, release and disposal of exotic species. The Interpretation also clarifies that direct damage caused without use of ecological and environmental media, damaged caused in closed spaces, laborers’ damage in the course of their professional activities, and damage caused to the right holder of neighboring real estates in daily life are not included in the scope of ecological and environment infringement cases, and that the relevant liabilities may be determined in accordance with the provisions of other laws. (Source: The Supreme People’s Court)

https://www.court.gov.cn/fabu/xiangqing/408932.html

3. Measures for the Administration of Independent Directors of Listed Companies

Promulgated by China Securities Regulatory Commission

Promulgation date: 7 August, 2023

Implementation date: 4 September, 2023

Document number: CSRC Order [No. 220 ]

The Measures mainly includes the following contents: Firstly, it clarifies the qualifications and appointment and removal procedures of independent directors. Secondly, it regulates the duties of independent directors and the manner of performing their duties. Thirdly, it proposes safeguards for the fulfillment of duties. Fourthly, it clarifies the legal responsibility. Fifthly, it specifies the transitional arrangement. Among them, the Measures improves the selection system, optimize the selection mechanism of independent directors from the whole chain of nomination, qualification examination, election, continuous management, termination, etc., and establish the nomination avoidance mechanism and the qualification recognition system of independent directors. It also clarifies the part-time requirement that in principle, an independent director shall serve as an independent director in a maximum of three domestic listed companies. At the same time, it is clarified that independent directors should supervise potentially material conflicts of interest through platforms such as exclusive meetings of independent directors and special committees of the board of directors. The independent directors are required to work on-site at listed companies for not less than fifteen days per year, and should make records of their work, etc. (Source: China Securities Regulatory Commission)

http://www.csrc.gov.cn/csrc/c101953/c7424110/content.shtml

4. Guidance on Strengthening and Standardizing the Work of Elevated Jurisdiction and Retrial of Cases 

Promulgated by The Supreme People’s Court

Promulgation date: 1 August, 2023

Implementation date: 1 August, 2023

Document number: FF[2023] 13

The Guidance addresses the issue of “insufficiently sound and complete mechanisms for elevated jurisdiction and retrial of cases in the reform of the positioning of the four levels of courts in terms of trial functions”, and details and clarifies the specific circumstances, judgment criteria, operational procedures, and safeguard mechanisms for elevated jurisdiction and retrial of cases. The Guidance states that, for first instance cases that meet one of six categories of circumstances, including involving significant national interests and public interests; being a new type of case within the jurisdiction, and being difficult and complex; having a source-governance effect; helping to form exemplary judgments and promoting the unification, high efficiency, and proper resolution of similar disputes; having significance in guiding law application; and having significant differences in law application, the lower court should report to the court for elevated jurisdiction, and the higher court may, on its own initiative, elevate jurisdiction ex officio. The Guidance emphasizes that, in general, if a higher court considers that a legally effective civil or administrative judgment or ruling rendered by a lower court meets the conditions for retrial, it should bring up the case for retrial. (Source: The Supreme People’s Court)

https://www.court.gov.cn/zixun/xiangqing/407882.html

5. System for the Prevention and Elimination of Hidden Dangers of Mismanagement in the Workplace

Promulgated by Ministry of Human Resources and Social Security, etc.

Promulgation date: 16 August, 2023

Document number: MOHRSS CN [2023]27

The Reference Text is intended to serve as a guide for employers in formulating and improving relevant rules and regulations, or in signing labor contracts and collective contracts with employees. According to the Reference Text, in order to prevent and eliminate the potential risks of improper management, employers should focus on the following aspects: “when recruiting employees, clearly define working contents, working conditions, working locations, occupational hazards, safety and production conditions, remuneration, truthfully inform employees of other information they request, and sign labor contracts in accordance with the law”. The Reference Text points out that employers shall regularly organize specialized training on the prevention and elimination of risks of improper management and related laws and regulations, or incorporate the specialized training into various types of training, such as in-service training for employees. (Source: Ministry of Human Resources and Social Security)

http://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/gfxwj/ldgx/202308/t20230816_504626.html

6. Implementation Rules for Administrative Licensing Items in Market Regulation

Promulgated by State Administration for Market Regulation

Promulgation date: 31 August, 2023

Document number: SAMR 2023 No. 39

For each of the 31 administrative licensing items in market regulation, the Rules specifies licensing subitems and items for business processing in turn, in accordance with the laws and regulations regarding the establishment and implementation of licensing, and taking into account the level of approval and the type and specialty of the applicant for approval, with a total of 100 subitems and 329 items for business processing. Each licensing subitem is sorted out item by item in accordance with the standardized 14 basic elements, and detailed and clarified with respect of the basic licensing elements, licensing conditions, types of licensing service recipients and reform initiatives, application materials, examination and approval procedures, time limits for acceptance and examination, and licensing documents. The Rules sorts out the licensing items in the system of market regulation, clarifies the licensing authority and responsibilities of the market regulation departments at all levels, provides overall guidance and reference for the licensing work of market regulation, and provides clear guidelines for the relative parties to the licensing process by various groups, facilitating the public to know and inquire. (Source: State Administration for Market Regulation)

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/djzcj/art/2023/art_6ea533f9a836460fbb4affcf02398c08.html

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