A study of over 400 administrative punishment cases sheds light on the current attitude of the Chinese government towards facial recognition and provides a scenario to assess how China’s Personal Information Protection Law would apply should the cases occur today.
Under China’s People's Assessors Law, the assessors in a seven-person collegial bench can only participate in the fact-finding, but not the application of law. The newly issued replies from the SPC and MOJ clarify how the collegial bench shall produce a list of issues on the fact-finding, so as to sure the proper distinction between legal matters and factual matters.
On 8 June 2021, China Justice Observer released the 2021 version of List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 72 cases involving China and 24 foreign States and regions.
Academy for the Rule of Law at China University of Political Science and Law
中国政法大学全面依法治国研究院
No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
German investors benefit from the new Chinese Foreign Investment Law.
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
In August 2021, the SPC issued the “Evaluation Report on Effects of Building Intelligent Courts to Promote Green Development”, showing that in 2020, more than 10.8 million cases were accepted online, accounting for 54% of the first-instance cases.
In September 2021, the People's Bank of China and the State Administration of Foreign Exchange jointly issued the proposed “Provisions on Issues Concerning Overseas Loan Business of Banking Financial Institutions”(Draft for Public Comment)(关于银行业金融机构境外贷款业务有关事宜的规定).
In September 2021, the National Development and Reform Commission and other ten authorities jointly issued the “Notice on Regulating the Virtual Currency ‘Mining’ Activities” (关于整治虚拟货币 “挖矿”活动的通知), aiming to regulate the virtual currency “mining” activities and promote energy conservation and emission reduction.
In September 2021, with the open-up of Universal Beijing Resort, Tongzhou Primary People’s Court provides one-stop judicial services for disputes occurring within the resort area.
Apart from pleadings and evidence, foreign companies in Chinese courts need to complete a series of formalities, which can sometimes be somewhat cumbersome. Therefore, it is necessary to spare sufficient time (and costs) to get ready.
The parent can specify in the will who inherits his/her house and other heritage.
You are entitled to claim compensation for loss and the agreed liquidated damages, and may under some circumstances receive a punitive damages award.
As long as you are ‘directly affected’ pursuant to Chinese law, you may file a lawsuit with the court.
In August 2020, the Intellectual Property Court of China’s Supreme People’s Court (SPC) issued, in Huawei v. Conversant (2019), the first-ever conduct preservation order as equivalent to anti-suit injunctions in China’s IP-related litigation.
In May 2020, the New South Wales Supreme Court, Australia, ruled in Bao v Qu; Tian (2020), marking the first case for New South Wales of Australia to enforce a monetary judgment made by a Chinese court.
Several Provisions of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Infringement upon the Right to New Plant Varieties (II) (最高人民法院关于审理侵害植物新品种权纠纷案件具体应用法律问题的若干规定(二)) were promulgated on 5 July 2021, and entered into force on 7 July 2021.
Two recently issued documents of China’s Supreme People’s Procuratorate (SPP) outline the work processes required for the procuratorates to handle public interest litigation cases.
What is the duty lawyer? Who will serve as legal aid personnel? What kind of legal services can be provided? Here’s key questions to be answered to get to know China’s Legal Aid Law.
People’s Assessors Law of the People’s Republic of China was promulgated on 27 Apr. 2018, and entered into force on the same date.
Work Safety Law (安全生产法) was promulgated on 29 June 2002, and amended in 2009, 2014, and 2021 respectively. The latest revision entered into force on 1 Sept. 2021.
Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving the Use of Facial Recognition Technologies to Process Personal Information (最高人民法院关于审理使用人脸识别技术处理个人信息相关民事案件适用法律若干问题的规定) were promulgated on 27 July 2021, and entered into force on 1 Aug. 2021.
Tue, 26 Oct 2021 China Law in One Minute Meng Yu 余萌
Apart from pleadings and evidence, foreign companies in Chinese courts need to complete a series of formalities, which can sometimes be somewhat cumbersome. Therefore, it is necessary to spare sufficient time (and costs) to get ready.
Mon, 25 Oct 2021 China Legal Trends CJO Staff Contributors Team
In August 2021, the SPC issued the “Evaluation Report on Effects of Building Intelligent Courts to Promote Green Development”, showing that in 2020, more than 10.8 million cases were accepted online, accounting for 54% of the first-instance cases.
Mon, 25 Oct 2021 China Legal Trends CJO Staff Contributors Team
In September 2021, the People's Bank of China and the State Administration of Foreign Exchange jointly issued the proposed “Provisions on Issues Concerning Overseas Loan Business of Banking Financial Institutions”(Draft for Public Comment)(关于银行业金融机构境外贷款业务有关事宜的规定).
Mon, 25 Oct 2021 China Legal Trends CJO Staff Contributors Team
In September 2021, the National Development and Reform Commission and other ten authorities jointly issued the “Notice on Regulating the Virtual Currency ‘Mining’ Activities” (关于整治虚拟货币 “挖矿”活动的通知), aiming to regulate the virtual currency “mining” activities and promote energy conservation and emission reduction.
Sun, 24 Oct 2021 Insights Guodong Du 杜国栋
A study of over 400 administrative punishment cases sheds light on the current attitude of the Chinese government towards facial recognition and provides a scenario to assess how China’s Personal Information Protection Law would apply should the cases occur today.
Sun, 24 Oct 2021 China Law in One Minute Meng Yu 余萌
The parent can specify in the will who inherits his/her house and other heritage.
Sat, 23 Oct 2021 China Law in One Minute Meng Yu 余萌
You are entitled to claim compensation for loss and the agreed liquidated damages, and may under some circumstances receive a punitive damages award.
Sat, 23 Oct 2021 China Legal Trends CJO Staff Contributors Team
In September 2021, with the open-up of Universal Beijing Resort, Tongzhou Primary People’s Court provides one-stop judicial services for disputes occurring within the resort area.
Fri, 22 Oct 2021 China Law in One Minute Meng Yu 余萌
As long as you are ‘directly affected’ pursuant to Chinese law, you may file a lawsuit with the court.
Fri, 22 Oct 2021 China Legal Trends CJO Staff Contributors Team
“Implementation Regulations for the Supervision Law of the People's Republic of China” (中华人民共和国监察法实施条例), being the first supervisory regulations made by the National Supervisory Commission since its establishment, entered into force on 20 Sept. 2021.
Thu, 21 Oct 2021 China Legal Trends CJO Staff Contributors Team
In September 2021, the SPC and other nine authorities jointly issued “Notice on Further Preventing and Disposing of Speculation Risks in Virtual Currency Trading”(关于进一步防范和处置虚拟货币交易炒作风险的通知), restating the illegality of virtual currency trading in China.
Wed, 20 Oct 2021 China Legal Trends CJO Staff Contributors Team
China’s State-owned Assets Supervision and Administration Commission of the State Council recently issued the “Working Rules of the Board of Directors of Central State-Owned Enterprises (for Trial Implementation)” (中央企业董事会工作规则(试行)), aiming to enhance the supervising role of the board of directors in central state-owned enterprises.
Tue, 19 Oct 2021 China Legal Trends CJO Staff Contributors Team
The newly-issued “Measures for Third-party Assessment of Fair Competition Review (for Trial Implementation)” by the Anti-monopoly Commission of China (Hainan) Pilot Free Trade Zone came into force on 1 Oct. 2021.
Sun, 17 Oct 2021 Insights Guodong Du 杜国栋
Under China’s People's Assessors Law, the assessors in a seven-person collegial bench can only participate in the fact-finding, but not the application of law. The newly issued replies from the SPC and MOJ clarify how the collegial bench shall produce a list of issues on the fact-finding, so as to sure the proper distinction between legal matters and factual matters.
Sun, 17 Oct 2021 China Law in One Minute Meng Yu 余萌
You need to identify the address of the person or business you want to sue when preparing and filing a complaint before Chinese courts.
Sat, 16 Oct 2021 China Legal Trends CJO Staff Contributors Team
In September 2021, a local court in Shanghai made a systematic interpretation of Article 35 of the Montreal Convention, holding that the “period” in this article constitutes a limitation of actions, rather than the preemption claimed by the airline company.
Sat, 16 Oct 2021 China Law in One Minute Meng Yu 余萌
You need to know whom you can sue and then identify its legal name in Chinese.
Fri, 15 Oct 2021 China Legal Trends CJO Staff Contributors Team
In September 2021, China issued the National Human Rights Action Plan of China (2021- 2025), which covers eight parts, including economic, social and cultural rights; citizen’s civil and political rights; and human rights education and research, etc.
Thu, 14 Oct 2021 China Legal Trends CJO Staff Contributors Team
In September 2021, China’s Supreme People’s Procuratorate issued Typical Cases of procuratorial public interest lawsuits, providing guidance for procuratorates across the country.
Wed, 13 Oct 2021 China Legal Trends CJO Staff Contributors Team
In August 2021, China’s “Administrative Measures for Online Performance Brokerage Agencies”(网络表演经纪机构管理办法) came into effect, setting out strict requirements to online performance brokerage agencies.
