China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China to Adjust Application of Criminal Procedure Law in Wartime

Mon, 17 Apr 2023
Categories: China Legal Trends

The Standing Committee of the National People’s Congress, China’s top legislature, authorizes China’s Central Military Commission (CMC) to adjust the application of the Criminal Procedure Law in wartime.

In terms of the military’s wartime criminal prosecution activities, the CMC can adjust some specific provisions of China’s Criminal Procedure Law regarding jurisdiction, defense and

representation, compulsory measures, filing, investigation, prosecution, trial, and execution.

On 24 Feb. 2023, the NPC Standing Committee adopted the “Decision on Adjusting the Application of Certain Provisions of China’s Criminal Procedure Law for the Military in Wartime” (关于军队战时调整适用<中华人民共和国刑事诉讼法>部分规定的决定), which introduces the above provision and aims to “legally ensure that the people's military effectively performs its mission and duties in the new era while improving its ability to win”.

 

 

Cover Photo by manos koutras on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Enacts Landmark Private Economy Promotion Law

China enacted its landmark first Private Economy Promotion Law, effective May 20, 2025, to guarantee fair competition, streamline market access via a unified negative list, and bolster private enterprises through financing, innovation, and service support.

China Strengthens Criminal IP Protection with New Rules

In April 2025, China’s top court and procuratorate jointly issued a new judicial interpretation to clarify standards for handling criminal intellectual property infringement cases, aiming to strengthen IP protection, particularly in the service sector.

SPC’s 2024 Typical IP Cases Include AI Face-Swap Ruling

In April 2025, China’s Supreme People’s Court released eight typical IP cases, highlighting judicial responses to emerging issues in AI, gaming, and biotech, including a landmark ruling on AI face-swapping copyright infringement.

China Eases Tax Refunds to Boost Inbound Tourist Spending

In 2025, China has lowered its departure tax refund threshold from 500 RMB to 200 RMB and doubled cash refund limits to 20,000 RMB while expanding eligible stores and streamlining processes, aiming to boost inbound tourism spending and promote Chinese products.

Chinese Courts Bolster Pregnant Workers' Rights Protection

In April 2025, China's Ministry of Human Resources and Supreme People's Court released typical labor dispute cases emphasizing stronger protection of pregnant employees' rights, including a case where unlawful job reassignment and salary reduction were ruled illegal.

China Revises Marriage Registration Regulation

China's revised marriage registration rules, effective May 2025, eliminate location restrictions, simplify procedures by removing hukou requirements, and align divorce processes with the Civil Code's cooling-off period.

China’s SPC Issues Foreign State Immunity Case Guidelines

In March 2025, China's Supreme People's Court (SPC) issued procedural guidelines for handling civil cases involving foreign state immunity, implementing the country's shift from absolute to restrictive immunity under the new Foreign State Immunity Law.