Legal News

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…

In view of Tianjin explosion, Kunshan factory explosion and many other work safety accidents are frequently happened recent years, the State Administration of Work Safety released the ‘Revised Measures’. Compare with the ‘Measures for the Administration of Contingency Plans for Work Safety Accidents’ (the ‘Original Measures’)released in 2009, there are several highlights: To specify the responsible person for the contingency plans Article 5 has specified that the main responsible person of an entity shall be responsible to organize the drafting and implementation of the entity’s contingency plans, and shall guarantee the contingency plans are true and practical. To add the…

In 2013, the draft of ‘The Guidelines for the Determination of Patent Infringements’ was released for collecting comments, because it has involved too many aspects and departments, it had not been issued for a long time. So in July 2014, the State Intellectual Property Office issued the ‘The Guidelines for the Determination of Patent Infringements and Counterfeiting Behavior (for Trial Implementation)’ (‘The Guidelines 2014’). After nearly 3 years for collecting comments and amending, ‘The Guidelines 2016’ has been released and come into force on 5 May 2016. Like the ‘The Guidelines 2014’, ‘The Guidelines 2016’ has explained the articles by…

The Amendment (IX) to the Criminal Law (‘Amendment’) has come into force on November 1 2015. In order to highlight the other factors on identifying an embezzlement crime or a bribery crime, and the penalty, the Amendment has stipulates the monetary threshold as ‘a large amount’, ‘a huge amount’ and ‘an extraordinarily huge amount’, instead of a specified amount. But this change has brought a lot difference on the individual cases. Recently, the Supreme People’s Court and the Supreme People’s Procuratorate have jointly released the Interpretation. There are 20 articles, which covers 11 aspects, including the monetary threshold. There are…

The ‘Property Law’ has been promulgated for nearly 10 years, recently, the Supreme People’s Court released the ‘Interpretation I’, which has further prescribed the issues on the registration of the immovable property, the division of co-owned property, the bona fide acquisition, and etc.. Hereinafter, we would like to introduce the articles about the bona fide acquisition briefly. 2 elements shall be applied on the identification of a bona fide acquisition The assignee would not get to know that the assignor has no right of authorized disposition ‘Interpretation I’ has listed 5 circumstances on this, for example, there is valid dissidence…