Can Chinese Lawyers Serve as Judges?
Technically, Yes, but it's rare. To date, only dozens of lawyers have joined the bench in China.
China Justice Observer
中国司法观察
Technically, Yes, but it's rare. To date, only dozens of lawyers have joined the bench in China.
Recently, the judge who issued the second anti-suit injunction in China wrote an article on the anti-suit injunctions in the standard essential patent (SEP) litigation.
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 July 2021, China’s State Administration for Market Regulation released the “Provisions on Administrative Penalties against Price-related Illegal Activities (Draft for Public Comment)” (价格违法行为行政处罚规定(修订征求意见稿)).
Goods for Family Farming (home business) = Goods for Commercial Purpose, says a local court in Shandong Province, China, in Yang v. Yucheng Huayu Machinery Manufacturing Co., Ltd. (2021).
In June 2021, the Ministry of Industry and Information Technology issued the proposed “Notice on Strengthening the Cybersecurity of Telematics (Intelligent Networked Vehicles) (Draft for Public Comment) (关于加强车联网(智能网联汽车)网络安全工作的通知(征求意见稿)), aiming to regulate the development, utilization and sharing of data, and to strengthen the security management of data transmitted abroad.
In June 2021, China's Ministry of Commerce (MOFCOM) and National Development and Reform Commission (NDRC) have jointly launched the revision of the 2021 negative list for foreign investment access.
Succession begins when a person dies or is declared dead. Where a successor does not indicate to disclaim inheritance within 60 days from the commencement of inheritance, he/she shall be deemed to have accepted the inheritance.
The deceased, or decedent, has two kinds of successors(heirs): the intestate successor and the successor designated by a will.
No. China has not yet imposed any inheritance tax.
The decedent may appoint an executor at the time of making the will.
Technically, Yes, but it's rare. To date, only dozens of lawyers have joined the bench in China.
Recently, the judge who issued the second anti-suit injunction in China wrote an article on the anti-suit injunctions in the standard essential patent (SEP) litigation.
Due to the internationalization of intellectual property right disputes, Chinese companies are more likely to be involved in parallel litigations in multiple jurisdictions around the world thus increasing the risk of Chinese companies encountering anti-suit injunctions.
Can cases be heard asynchronously? The answer is “Yes”. Don't miss the rules of asynchronous trial and electronic evidence, the highlights of China's Supreme Court's newly issued “Online Litigation Rules for People’s Courts” (2021).
In December 2020, China promulgated the Criminal Law Amendment (XI) (刑法修正案(十一)), three articles of which concern biosecurity as well as the prevention and control of infectious diseases such as COVID-19.
The core elements of the concept "sexual harassment" in China's legislation are voluntariness, de-genderization and prevention of power abuse.
Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China was promulgated in 2012, and amended in 2012 and 2021 respectively. The latest revision entered into force on 1 Mar. 2021.
Administrative Provisions on the Information Services Provided through Official Accounts of Internet Users was promulgated in 2017, and amended in 2017 and 2019 respectively. The latest revision entered into force on 22 Feb. 2021.
Mon, 02 Aug 2021 China Legal News CJO Staff Contributors Team
In July 2021, China’s State Administration for Market Regulation released the “Provisions on Administrative Penalties against Price-related Illegal Activities (Draft for Public Comment)” (价格违法行为行政处罚规定(修订征求意见稿)).
Sun, 01 Aug 2021 Insights Guodong Du 杜国栋
Technically, Yes, but it's rare. To date, only dozens of lawyers have joined the bench in China.
Sun, 01 Aug 2021 Insights Meng Yu 余萌
Recently, the judge who issued the second anti-suit injunction in China wrote an article on the anti-suit injunctions in the standard essential patent (SEP) litigation.
Sat, 31 Jul 2021 China Legal News CJO Staff Contributors Team
Goods for Family Farming (home business) = Goods for Commercial Purpose, says a local court in Shandong Province, China, in Yang v. Yucheng Huayu Machinery Manufacturing Co., Ltd. (2021).
Fri, 30 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, the Ministry of Industry and Information Technology issued the proposed “Notice on Strengthening the Cybersecurity of Telematics (Intelligent Networked Vehicles) (Draft for Public Comment) (关于加强车联网(智能网联汽车)网络安全工作的通知(征求意见稿)), aiming to regulate the development, utilization and sharing of data, and to strengthen the security management of data transmitted abroad.
Thu, 29 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, China's Ministry of Commerce (MOFCOM) and National Development and Reform Commission (NDRC) have jointly launched the revision of the 2021 negative list for foreign investment access.
Wed, 28 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, China's Ministry of Culture and Tourism and the Ministry of Justice jointly issued the “Notice on Carrying out the Pilot Work of Connecting Mediation and Arbitration of Tourism Complaints” (关于开展旅游投诉调解与仲裁衔接试点工作的通知), proposing the establishment, on a pilot basis, of special arbitration platforms for tourism complaints and encouraging the settlement of tourism disputes through mediation.
Tue, 27 Jul 2021 China Legal News CJO Staff Contributors Team
On 16 Jun. 2021, Chongqing Intellectual Property Tribunal was officially established, as a specialized division of the Chongqing First Intermediate People's Court.
Mon, 26 Jul 2021 China Legal News CJO Staff Contributors Team
Douyin, Chinese version of TikTok, was confirmed as an e-commerce platform under the livestreaming marketing scenario by Haidian Court, Beijing in Saishi Trading (Shanghai) Co., Ltd. v. Laizhou Hongyu Art Crafts Co., Ltd. et al. (2021).
Sun, 25 Jul 2021 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Due to the internationalization of intellectual property right disputes, Chinese companies are more likely to be involved in parallel litigations in multiple jurisdictions around the world thus increasing the risk of Chinese companies encountering anti-suit injunctions.
Sat, 24 Jul 2021 Insights Guodong Du 杜国栋
In December 2020, China promulgated the Criminal Law Amendment (XI) (刑法修正案(十一)), three articles of which concern biosecurity as well as the prevention and control of infectious diseases such as COVID-19.
Sat, 24 Jul 2021 China Legal News CJO Staff Contributors Team
On 17 Jun. 2021, the SPC issued the “Online Litigation Rules for People's Courts” (人民法院在线诉讼规则), further standardizing the online litigation process.
Fri, 23 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, China's National Healthcare Security Administration released the “Medical Security Law (Draft for Public Comment)” (医疗保障法(征求意见稿)) for public comment.
Thu, 22 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, the "Decision of the Supreme People's Court on Revising the Provisions of the Supreme People's Court on Judicial Interpretation" (最高人民法院关于修改〈最高人民法院关于司法解释工作的规定〉的决定) came into force, which incorporates “Rules” (规则) as the fifth type of judicial interpretations.
Wed, 21 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, China's two government agencies jointly issued the “Guiding Opinions on Accelerating the Application of Blockchain Technology and Industrial Development”(关于加快推动区块链技术应用和产业发展的指导意见), which promotes Chinese enterprises to establish blockchain-based supply chain management platform and gives outlook for China’s blockchain technology in 2025.
Tue, 20 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, China's Standing Committee of the National People's Congress reviewed the “Draft Legal Aid Law” for the second time. The Draft expands the coverage of the legal aid and enhances the protection for lawyers engaged in legal aid.
Mon, 19 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, “Anti-Foreign Sanctions Law of the People's Republic of China”(中华人民共和国反外国制裁法) was passed, providing the legislative basis for counter-sanction measures and more adequate protection for Chinese entities and individuals.
Sun, 18 Jul 2021 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Can cases be heard asynchronously? The answer is “Yes”. Don't miss the rules of asynchronous trial and electronic evidence, the highlights of China's Supreme Court's newly issued “Online Litigation Rules for People’s Courts” (2021).
Sun, 18 Jul 2021 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Yes, Chinese courts can grant an application for preservation of property in cases enforcing foreign judgments, as shown by a recent case heard by Beijing Fourth Intermediate People's Court.
Sat, 17 Jul 2021 China Legal News CJO Staff Contributors Team
In June 2021, China's Supreme Procuratorate issued “Guiding Opinions on Establishing a Third-Party Supervision and Evaluation Mechanism for the Compliance of Enterprises Involved in Cases (for Trial Implementation)” (关于建立涉案企业合规第三方监督评估机制的指导意见(试行)), providing guidance on corporate compliance non-prosecution work.
