China Laws and Regulations Update in June 2022

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.

(Source: SPC website)

2. Interpretation of Several Issues Concerning Law Application in Civil Cases Arising from Forest Resources

Promulgated by Supreme People’s Court

Promulgation date: 14 June 2022

Implementation date: 15 June 2022

Document number: L.I.[2022] 16

The Interpretation consists of 23 articles mainly about: a. strengthening the uniformity of market rules, clarifying rules on handling deals on woodlands and forests and disputes arising from such dealings; b. ensuring the reform of separation of three rights in rural lands, specifying woodland contracting rules; c. implementing requirements for ecological area protection, clarifying rules on managing and utilizing public forests; d. helping the realization of objectives for carbon peak and carbon neutrality, standardizing transaction rules for forests as carbon sinks; e. summarizing trial practical experience, diversifying rules on liabilities for damaging ecological environment in forests. According to Interpretation, the court shall not support claims for the invalidity of any contract relating to woodland contracting, exchange or transfer of the woodland contractual management right, assignment of the woodland management right, assignment of forests, forest resource guarantee, etc. on the ground of failure to go through approval, registration, filing, examination, review formalities.

(Source: SPC website)

3. Regulations of Mobile Internet Applications Information Services

Promulgated by Cyberspace Administration of China

Promulgation date: 14 June 2022

Implementation date: 1 August 2022

According to the Regulations, application providers and application distribution platforms shall comply with laws and regulations, vigorously promote socialist core values, adhere to correct political direction, public opinion guidance and value orientation, consciously follow public order and good customs, actively take social responsibilities and keep cyberspace clear. The Regulations requires application providers and application distribution platforms fulfill their duties as information content administrators, establish and improve management systems such as information content security management, information content ecological governance, data security and personal information protection, minors protection, etc. to ensure cyberspace security and maintain good cyberspace ecosystem. The Regulations further emphasizes that application providers shall not induce users to download by false advertising and bundled downloading, by boosting popularity in rankings, increasing quantity and controlling ratings through machine or click farms, and by using illegal or bad information, etc.

(Source: CAC website)

4. Announcement of Work on Data Security Management Certification

Promulgated by State Administration for Market Regulation and Cyberspace Administration of China

Promulgation date: 9 June 2022

Implementation date: 9 June 2022

Document number: No.18, 2022

It is announced that the two Departments have decided to conduct the work on data security management certification, encourage network operators to standardize network data handling activities by certification and strengthen network data security protection. Organizations engaged in data security management certification shall be set up according to law and implement certification according to the Implementation Rules which sets out basic principles and requirements for the certification of network data collection, storage, use, processing, transmission, provision, disclosure and other handling activities carried out by network operators. The mode of data security management certification is “technical validation + onsite examination + post-supervision”. The certification organization will make an overall assessment and the certification decision based on certification entrustment materials, technical validation reports, onsite examination report and other relevant materials and information.

(Source: SAMR Website)

5. Notice on Expanding the Implementation Scope Regarding the Phased Deferred Payment of Social Insurance Premiums

Promulgated by Ministry of Human Resources and Social Security, National Development and Reform Commission, Ministry of Finance and State Taxation Administration

Promulgation date: 31 May 2022

Document number:MOHRSSI[2022] 31

The Notice specifies that on the basis of the policy of phased deferred payment of basic pension insurance premiums, unemployment insurance premiums and work-related injury insurance premiums for employees in five extremely difficult industries, i.e. catering, retail, tourism, civil aviation, road, water and railway transportation, the policy also applies to other seventeen extremely difficult industries such as automotive manufacturing and general equipment manufacturing. Difficult Businesses in these industries can apply for deferment of payment of the three types of social insurance premiums payable by employers.: payment of the pension insurance premiums can be deferred until the end of 2022; payment of the work-related injury and unemployment insurance premiums can be deferred for no more than one year. The period of deferred payment of the pension insurance premiums in the original five extremely difficult industries is extended to the end of this year accordingly. For small, medium and micro businesses and self-employed individuals which pay social insurance premiums in the form of units, with difficulties in production and operation in areas severely affected by the pandemic, the payment of the three types of social insurance premiums payable by employers can be deferred until the end of 2022.

(Source: MOHRSS website)

6. Typical Cases of Procuratorial Organs Fighting and Rectifying Crimes of Fraud Against Elderly People

Promulgated by Supreme People’s Procuratorate

Promulgation date: 17 June 2022

The Notice states that in order to further the campaign to fight and rectify elder fraud, actively exert the effects of typical cases, and protect the elderly’s legitimate rights and interests more effectively, six typical cases, including “Cao commiting fund raising fraud” are published for your reference. According to the Notice, the typical cases involve fund raising fraud, illegally taking in deposits from the public, fraud, infringing citizens’ personal information and other crimes relating to various typical means of elder fraud, such as investing in the industries for elderly welfare, reserving apartments for elderly care, selling collections, providing medical treatmentsfor elderly people, applying for pensions for elderly people on their behalf, etc. This not only shows practices of procuratorial organs legally and actively performing their duties in fighting crimes of fraud against elderly people from different aspects, but also fully reflects basic requirements of procuratorial organs in handling crimes of fraud against elderly people.

(Source: SPP website)

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