Legal News

The Ministry of Human Resources and Social Security, the Central Public Security Comprehensive Management Commission, the Supreme People’s Court, the Ministry of Justice, the Ministry of Finance, the All-China Federation of Trade Unions, the All-China Federation of Industry and Commerce and the China Enterprise Confederation/China Entrepreneurs Association jointly issued the “Opinions “. Although the “Opinion” shall not be directly applied as the judicial basis in hearing labor dispute cases, it reflects the tendency and trend in dealing with labor disputes in the near future. It has a guiding significance. Hereinafter partial of the contents have been selected which are highly…

The commercial cooperation between mainland China and Hong Kong becomes more frequently, and more and more disputes arise. In addition, many foreign companies tend to choose the courts in Hong Kong as the competent court, while dealing with the mainland companies. So the lawsuits’ problems involve mainland and Hong Kong is a matter of great concern. Previously, for the civil and commercial cases, there is no rules on cross-border collection of evidence, which have brought a lot of problems. To solve these problems, the “Arrangement” has been signed. The main content includes: 1. Evidence shall be collected via the respective…

To regulate the online market and protect the rights and interests of consumers, SAIC released the “Interim Measures”, which has further specified the “7-day Unconditional Return” policy as stipulated in Article 25 of the “Consumer Protection Law”. The main contents include: (1)To add 3 categories of goods which shall be excluded from the scope of the ”7-day Unconditional Return” policy Despite the 4 categories of goods which shall be excluded from the scope of the “7-day Unconditional Return” policy as stipulated in the “Consumer Protection Law”, the “Interim Measures” has added another 3 categories, which are (a) goods which –…

In order to apply a consistent judicial rule in dealing with those critical problems, which frequently raised in the trial of administrative cases involving the authorization and determination of trademark rights in the recent years, based on the “Opinions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights” (“Opinions”) released by the Supreme People’s Court in 2010, recently, the “Provisions” was released. The “Provisions” has highlighted the following aspects: (1) The determination of “Likelihood of Confusion” Article 12 of the “Provisions” has specified 4 listed factors and…

With the frequent use of guarantee in the commercial transactions, the relevant disputes become more and more. Although the laws and international rules, such as the “Guarantee Law”, and the “The Uniform Rules for Demand Guarantees” issued by the International Chamber of Commerce, could be applied in hearing the relevant cases. In the judicial practice, there are still many confusions in distinguishing an independent letter of guarantee from a guarantee, or a document fraud from a breach of contract. Therefore, the Provisions has clarified those issues. The key to distinguishing the application of laws for the independent letter of guarantee…

In these years, in order to solve the problems related to those people legally in debt, the people’s courts have taken many measures, such as the public disclosure system, the order on the restriction of high consumption, and so on. Recently, the Supreme People’s Court has released the ‘Provisions’, in which the procedures and methods in handling the property preservation cases are further regulated. We recommend enterprises to pay attention to the new articles on the relevant duration of property preservation procedures, and the inquiry method on the property information of the person against whom preservation is adopted. The relevant…

Recently, SAT has specified the system and procedures of APA which has been stipulated in the ‘Notice of the State Administration of Taxation on Issuing the Measures for the Implementation of Special Tax Adjustments (for Trial Implementation)’ (GUO SHUI Fa[2009] No.2), the highlights are as follows: Adjust the stages of APA meeting The APA meeting consisted of 6 stages, pre-filing meeting, intention, analysis and appraisal, formal application, negotiation and signing, supervision of implementation. Compared with ‘GUO SHUI Fa[2009] No.2’, the ‘formal application’ has been moved from the second stage to the forth stage. This adjustment means more preparation work will…

The ‘Tentative Provisions on Payment of Wages’(LAO BU FA [1994] No.489), and the ‘Supplementary Provisions to the Tentative Provisions on Payment of Wages’ (LAO BU FA [1995] No.226) have prescribed the principles on the payment of wages, many local labor authorities have released local regulations accordingly. 20 years have passed, those regulations have to be updated. Recently, the ‘Measures for the Payment of Wages by Enterprises in Shanghai Municipality’ has been amended again. Compared with the 2003 version, the 2016 version has amended many aspects, in which those articles related to overtime pay shall be highlighted. To clarify the basic…

In the recent 8 years, a series of laws, regulations entered into force, such as the ‘Law of Labor Contract’, the ‘Social Insurance Law’ and the ‘Interim Provisions of Labor Dispatch’, in addition with the abolishment of the ‘Regulations on Reward and Penalty for Employees of Enterprises’, the employment situation has a huge change. In order to reduce the legal risks, how to manage the employees legally and reasonably, has become an important task to the employer. The Ministry of Human Resources and Social Security has recently released the ‘Measures’. The content of the ‘Measures’ and the trend of the…

With the increasing needs of financing and transitions of commodities, the disputes on the chattel mortgage are increasing rapidly. In order to protect the guarantee of the creditor’s rights more effectively, recently, the SAT has amended the Measures for Chattel Mortgage Registration. The highlights of the amendment are as follows: To clarify that the right to chattel mortgage shall be established when a chattel mortgage contract comes into force Article 2 has added that ‘the right to chattel mortgage shall be established when a chattel mortgage contract comes into force’. In order to avoid the disputes on whether a chattel…