1. Regulations on Several Issues Concerning Law Application in Cases Regarding Personal Safety Protection Order by the Supreme People’s Court
Promulgated by Supreme People’s Court
Promulgation date: 15 July 2022
Document number: LI[2022]17
The Regulations which consists of 13 articles, made with the intention that the personal safety protection order helps prevent related cases from happening, further lifts barriers in the process of case acceptance and decision making, stresses time limits on protecting rights and interests of family violence victims, and clarifies rules mairly in the following aspects: 1. independence of personal safety protection order cases from divorce and other civil proceedings, 2. types of family violence and the application scope of the personal safety protection order, 3. circumstances in which the personal safety protection order can be applied by others with authorization and subjects who can be authorized, 4. evidence forms and criteria, 5. fight against violation of the personal safety protection order. The Regulatiolns also deals with people to whom it applies by reference to Anti-domestic Violence Law, relationship between the personal safety protection order and the divorce action, etc..
(Source: SPC website)
https://www.court.gov.cn/fabu‐xiangqing‐366021.html
2. Opinions on the Role of Environment Resource Litigation in Legally Fighting Crimes of Stealing Mineral Resources
Promulgated by Supreme People’s Court
Promulgation date: 8 July 2022
Document number: LI[2022] 19
The Opinions notes: 1. a higher political position and basic requirements of legally fighting crimes of stealing mineral resources; 2. correct law application to legally fighting crimes of stealing mineral resources; and 3. various measures to improve policies and mechanisms for effectively fighting crimes of stealing mineral resources. The Opinions requires strict legal convictions of acts of stealing mineral resources and appropriate construction and application of relevant provisions of the Interpretation of Several Issues Connected with Law Application to Dealing with lllegal or Damaging Mining Crimes by the Supreme People’s Court and the Supreme People’s Procuratorate to comprehensively consider circumstances of the crime, correctly understand rules of deciding the value of mineral products, and strictly and accurately deal with the property in dispute, etc.
(Source: SPC website)
https://www.court.gov.cn/fabu-xiangqing-364911.html
3. Measures for Data Outbound Transfer Security Assessment
Promulgated by Cyberspace Administration of China
Promulgation date: 8 July 2022
Implementation date: 1 September 2022
Document number: Cyberspace Administration of China Order 11
The Measures sets out circumstances where the data outbound transfer security assessment should be filed, including where data handlers transfer important data abroad, critical information infrastructure operators or data handlers processing personal information of over one million people transfer personal information abroad, data handlers that have cumulatively transferred abroad personal information of 100 thousand or more people or sensitive personal information of 10 thousand or more people since 1 January of the previous year, etc. The Measures specifies requirements for the data outbound transfer security assessment, providing that data handlers should perform a self-evaluation of outbound data risks and prioritize evaluation items before applying for the data outbound transfer securiity assessment, that data obligations for data security protection should be expressly agreed in the legal documents concluded with the foreign recipient, and that the assessment should be re-filed in case of occurrence of an incident affecting data outbound transfer security within the valid period of the data outbound transfer security assessment. In addition, it specifies procedures and supervision and management rules for the data outbound transfer security assessment.
(Source: CAC website)
http://www.cac.gov.cn/2022-07/07/c 1658811536396503.htm
4. Notice on Improvement of Internet Lending Management of Commercial Banks for Higher Quality and Efficiency of Financial Services
Promulgated by China Banking and Insurance Regulatory Commission
Promulgation date: 18 July 2022
Document number: CBIRC R [2022]No.14
The Notice requires commercial banks to 1. perform loan manager’s duties, increase the ability to control online lending risks, and prevent loan management from”hollowing out”; 2. obtain complete and accurate information and data necessary for identity authentication, pre-lending investigation, risk evaluation and post-lending management, and take effective measures to check the authenticity of such information; 3. actively improve loan management, effectively monitor use of loans, ensure the safety of loans, and prevent partners from withholding or misappropriating loans; 4. enter into cooperation agreements by category, clarify each party’s rights and responsibilities, avoid combining other service clauses into loan agreements, and restrict or reject cooperation with breaching partners; 5. effectively protect consumers’ legitimate rights and interests, fully disclose all kinds of information and strictly prohibit inappropriate collection, etc. In addition, it also requires improvement of compliance management of partners’ marketing and promotional activities.
(Source: CBIRC Website)
http://www.cbirc.gov.cn/cn/view/pages/govermentDeetail.html?docld=1061876&itemld=861&generaltype=1
5. Notice on Further Promotion of Standardized and Healthy Development of Credit Card Business
Promulgated by China Banking and Insurance Regulatory Commission
Promulgation date: 7 July 2022
Document number: CBIRC R [2022]No.13
The main content of the Notice is about: 1.collection of credit card charges; 2. effective and better protection of consumers’ rights and interests; 3. transformation of the extensive development mode; 4. management of external partners’ conduct; and 5. facilitation of credit card online services. The Notice requires financial institutions in the banking field to practically raise standardization and transparency of credit card charges, strictly perform the duty to explain charges in the contract, evidently show maximum annualized interest rates, continuously take effective measures to reduce charges payable by clients and actively promote reasonable decrease of credit card charges. In terms of credit card installment business, it also requires financial institutions in the banking field to stipulate the lower limit on the first payment and the upper limit, show costs of use of money in installment business uniformly in the form of interests, and avoid tempting clients into excessive use of installments to increase charges payable by clients.
(Source: CBIRC website)
http://www.cbirc.gov.cn/cn/view/pages/ItemDetail.html?docld=1060039&itemld=928
6. Provisions on the Administration of Internet User Account Information
Promulgated by Cyberspace Administration of China
Promulgation date: 27 June 2022
Implementation date: 1 August 2022
Document number: Cyberspace Administration of China Order 10
According to the Provisions, internet users should register and use and internet information service providers should manage internet user account information in compliance with laws and regulations, public policies and good customs and the principle of good faith without harming national security, public interests or others’ legitimate rights and interests. The Provisions stipulates that internet information service providers should formulate and publicize internet user account management rules and platform conventions, execute service agreements with internet users, and specify rights and obligations elating to account information registration, use and management in accordance with laws, administrative regulations and other relevant provisions. It also requires that internet users should register or use account information without violating Article 6 and 7 of the Regulations of Ecological Governance of Content of Online Information, or counterfeiting, imitating or falsifying names, marks, etc.of political parties, party, government or army organs, businesses, instituttions, etc., causing confusion or misleading the public by use of the account.
(Source: CAC website)
http://www.cac.gov.cn/2022-06/26/c1657868775042841.htm
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