Category Archives: Other

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Supreme People’s Court Enhances Data Privacy Protection

In April of 2017, the Supreme People’s Court (“SPC”) and the Supreme People’s Procuratorate (“SPP”) passed and released a new judicial interpretation dealing with criminal infringement of citizens’ personal digital information (the “SPC Data Privacy Interpretation”)[1]. Approved and promulgated, the SPC Data Privacy Interpretation came into effect on June 1, 2017, and it enhances and … Continue Reading

Clash of Civil and Common Law: Case Guidance System v. Stare Decisis

On May 13, 2015, the highest judicial institution in China, the Supreme People’s Court, issued the Detailed Rules of Implementation of the Provisions of the Supreme People’s Court on Case Guidance Work (“《最高人民法院关于案例指导工作的规定》实施细则”) (“Detailed Rules”).  This judicial interpretation marks a significant step in improving the Case Guidance System (案例指导制度) in China’s judiciary.  In the past … Continue Reading

Changes in Margin Trading and Short Selling Regulations and the Potential Impact on Client Investment’s Through QFII A-Shares

The China Securities Regulatory Commission (CSRC) has revised the rules on margin trading and short selling in response to the current conditions surrounding China’s stock market. The new rules were released to the public on June 12, 2015 as a draft document for public comment.[1]  These new rules have the potential to ease investor concerns … Continue Reading

Guiding Opinions to Promote Healthy and Rapid Development of Cross-Border E-Commerce

The Chinese e-commerce industry is rapidly expanding, and the nation is the world’s second largest online retail market. The business-to-consumer industry in particular is expected to see record growth in the next few years. Until recently, the e-commerce market was not specifically regulated. The Chinese government, however, has begun to implement regulations to boost the … Continue Reading

Work and Resident Permits for Short-Term Working Foreigners

The Ministry of Human Resources and Social Security, the Ministry of Foreign Affairs, the Ministry of Public Security and the Ministry of Culture jointly issued a notice of the Relevant Handling Procedures for Foreigners Entering China for the Accomplishment of Short-term Work Assignments (the “Notice”) on November 6th, 2014 and this Notice became effective on … Continue Reading

New Customs Credit Measures

The General Administrations of Customs issued the Interim Measures of the Customs of the People’s Republic of China for the Administration of Enterprise Credit (the “Interim Measures”) on October 8th, 2014, which is effective as of December 1, 2014. Under the Interim Measures, companies are classified by the China Customs into the following three categories … Continue Reading

Supreme Court’s Latest Interpretation on Late Payment Interest

The Supreme People’s Court of China recently issued an interpretation on how to calculate the interest accrued on delayed payment – Interpretation of the Supreme People’s Court of Several Issues Concerning the Applicable Law for Calculating Interest On Delayed Payment in the Enforcement Action (FaShi [2014] No.8). The Interpretation made a clear distinction between General … Continue Reading

China to Relax Governmental Approvals for Outbound Investment

Introduction On December 2, 2013, the State Council issued the Circular Concerning Catalogue of Investment Projects Requiring Government Approval (2013 Version) (国务院关于发布政府核准的投资项目目录(2013年本)的通知) (the “2013 Catalogue”) and introduced new changes[1] to governmental approvals falling under the jurisdictions of the two approving authorities, the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”). The objective … Continue Reading

China Cracking Down On Pharmaceutical Corruption

Stricter Blacklist Regime On December 25, 2013, the National Health and Family Planning Commission of China (“National Health Commission”, former Ministry of Health) issued the amended Provisions Regarding the Establishment of Commercial Bribery Blacklist in the Pharmaceutical Purchase and Sales Industries (“Blacklist Provisions”), which came into effect on March 1, 2014.… Continue Reading

China’s First-Ever National Standard on Data Privacy – Best Practices for Companies in China on Managing Data Privacy

Companies doing business in China should take careful notice that China is now paying more attention to personal data privacy collection. This would be an opportune time for private companies to internally review existing data collection and management practices, as well as determine whether these fall within the new guidelines, and where necessary, develop and … Continue Reading

“Actually, Someone Knows You are a Dog”– the Chinese Regulation Efforts on Private Data Protection

By Ling Zhang Do you have privacy in the era of information? "On the Internet, nobody knows you’re a dog." First published in The New Yorker on July 5, 1993, this widely known and recognized saying has been quoted many times to describe the anonymous feature of Internet. However, now this description has been drifting … Continue Reading

Supreme Court Issues Judicial Interpretation to Define Foreign-Related Civil Relationships

By Emily Tsai The People’s Supreme Court issued a Judicial Interpretation on December 28, 2012, made effective on January 7, 2013, regarding the application of the Law of the People’s Republic of China on Application of Laws to Foreign-Related Civil Relationships (the “Law on Application of Laws”, or the “Law”). The Law determines the rules … Continue Reading

Between Mortar and Pestle: SEC Pressure Grinds Auditors Against PRC State Interests

Comity among US and Chinese regulators may top this New Year’s wish list for United States-listed companies in China. After a failed six-month pursuit of a diplomatic solution, the SEC revived its federal court petition to force the PRC accounting member firm of Deloitte Touche Tohmatsu CPA, Ltd (“DTTC”) to produce audit working papers supporting … Continue Reading

State Council Issues a White Paper on China’s Judicial System and Reform

By James Zimmerman  On October 9, 2012, the State Council’s Information Office released a white paper on China’s Judicial System and Reform Process. The report reviews China’s judicial system and reform process, and emphasizes the need for judicial institutions to maintain social justice, to improve judicial proceedings and supervision. The white paper also emphasizes the … Continue Reading

New Amendment to PRC Civil Procedure Law: An Analysis

By Ling Zhang On August 31, 2012, China’s legislature, the National People’s Congress, approved an amendment (“Amendment”) to the PRC Civil Procedure Law (“CPL”). The Amendment presents the second time in six months that China’s top legislative body has moved to modify China’s most fundamental laws on procedural justice, following the recent amendment to the … Continue Reading

Dispute Resolution in China 2012: The Disintegration of CIETAC

By James Zimmerman CIETAC-Shanghai has declared its independence from CIETAC-China, and claims it’s a separate arbitral institution CIETAC-Shanghai refuses to adopt the more flexible 2012 Arbitration Rules that are effective May 1, 2012 Significant risks exists for any party to a contract with a CIETAC clause given the potential for costly debates over jurisdiction, and … Continue Reading

China’s Supreme Court Issues New Rules On Civil Cases Based On Monopolistic Conduct

By Michael Zhang On May 8, 2012, the Supreme Court of China issued new “Rules on the Application of Law on Civil Cases Concerning Monopolistic Conduct” (the “Rules”). The Rules clarify some of the questions concerning anti-monopoly cases (“AML Cases”), which are civil cases based on alleged monopolistic actions. Since the promulgation of the PRC … Continue Reading

China Adopts Revision to Criminal Procedure Law

By Jiamu Sun On March 14, 2012, the fifth session of the National People’s Congress adopted the latest revision to China’s Criminal Procedure Law (“Revised Law”). The Revised Law is the second amendment to the Criminal Procedure Law following its enactment in 1979 and its first amendment in 1996. One hundred and ten articles have been … Continue Reading

China Corruption & White Collar Crimes Watch: China Strengthens Supervision Over Civil Servants

In a June 2011 report issued by the People’s Bank of China (and as prepared by the China Academy of Social Sciences) the PRC government found 18,000 Party and government officials fled the country since 1990 with over US$120 billion in government funds missing. The leadership has had significant challenges in stamping out corruption at … Continue Reading

China Adopts Procurement Policies for SMEs

On January 6, 2012, the Ministry of Finance (MOF) and the Ministry of Industry and Information Technology (MIIT) issued a joint statement outlining a number of preferential procurement policies for small- and medium-sized enterprises (SMEs) to boost their development. Government agencies usually prefer larger companies and well-known brands during the procurement process, and SMEs have … Continue Reading

Doing Business at ART HK: Better, Bigger, Faster, Stronger

On the verge of becoming an international institution, the recent Hong Kong International Art Fair, known as "ART HK," represents an exciting development in the state of the art world in China. This growth has critical, yet profoundly inspiring, implications upon the international art community.  Since its humble beginnings in 2008, ART HK has shown … Continue Reading
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