Legal News

Regarding the amendment to the “Civil Procedure Law” on 24 December, 2021, the Supreme People’s Court released the “Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law” (2022 Amendment) on 1 April, 2022, which has come into force from 10 April, 2022. Compared with the previous version in 2020, the “2022 Amendment” has amended 13 provisions, and deleted 2 provisions. Hereinafter we would like to introduce those provisions that enterprises might be involved. The period of summary procedure trial after extension shall not exceed four months cumulatively. Article 258 of “2022 Amendment” stipulated that, “as…

The Supreme People’s Court released the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the General Principles of the Civil Code” (Fa Shi [2022] No. 6) (hereinafter referred to as the “Interpretation “) on Feb. 24, 2022, which has come into effect on March 1, 2022. Herein below is the introduction and analysis regarding 2 key articles related to commercial contracts. Determination of a “Substantial misunderstanding” According to Article 19 of the “Interpretation”, a “Substantial misunderstanding” refers to where a person has a mistaken understanding of the nature of his/her act, the counterparty or the…

After the promulgation of the “Data Security Law” and the “Regulations on the Security Protection of Critical Information Infrastructures”, articles regarding security review stipulated in the original ” Cybersecurity Review Measures ” (implemented on Jun. 1, 2020, hereinafter referred to as “2020 Measures”) shall be updated. Therefore, 13 departments including the State Internet Information Office have revised the “2020 Measures”, and the revised ” Cybersecurity Review Measures ” (hereinafter referred to as “2021 Measures”) is released on Dec. 28, 2021, and will be effective on Feb. 15, 2022. The following is an introduction to the main revisions of the “2021…

In order to unify the standards for equity enforcement and solve the disadvantages and difficulties in such enforcement, the Supreme People’s Court promulgated the “Provisions of the Supreme People’s Court on Several Issues concerning Equity Enforcement by People’s Courts” (Fa Shi [2021] No.20, hereinafter referred to as the “Provisions”) on December 20, 2021, which will come into force on January 1, 2022. The key points are described below. 1. Scope of applicable objects The “Provisions” shall be applied to equity interests in limited liability companies and companies limited by shares, and shares of companies limited by shares listed and traded…

In order to unify the standards for equity enforcement and solve the disadvantages and difficulties in such enforcement, the Supreme People’s Court promulgated the “Provisions of the Supreme People’s Court on Several Issues concerning Equity Enforcement by People’s Courts” (Fa Shi [2021] No.20, hereinafter referred to as the “Provisions”) on December 20, 2021, which will come into force on January 1, 2022. The key points are described below. 1.Scope of applicable objects The “Provisions” shall be applied to equity interests in limited liability companies and companies limited by shares, and shares of companies limited by shares listed and traded on…

The “Population and Family Planning Law of the People’s Republic of China (Amended in 2021)” has come into force on 20 Aug., 2021, in which Article 25 prescribes that the State supports provinces and cities which conditions permit to establish “Parental leave”. Recently, some cities and provinces have successively introduced relevant regulations on “Parental leave” by revising local population and family planning regulations, or formulating supporting opinions. On 25 Nov., 2021, the “Regulations of Shanghai Municipality on Population and Family Planning (Revised)” has been announced, in which the maternity leave for female employees has been extended from 30 days to…

High-tech is an important selling point of many products. Several companies even take patent as a focus on product’s packaging or in advertisements. However, improper labeling may commit patent infringement and/or false publicity. Such situation may encounter the dispute on the application of relevant provisions in the “Patent Law” or the “Advertising Law”, which may further bring the conflict of the two different authorities, the market supervision and management authority or the intellectual property management authority, and the conflict of administrative penalties by the two authorties. In view of this, SIPO and SAMI discussed the aforesaid problem, and on Oct.…

In order to provide more opportunities for parties which violate laws and are dishonest to correct their illegal or dishonest acts, rebuild credit, and further stimulate the awareness of honest and law-abiding operations, the SAMR has published 3 policies, which are the “Administrative Measures for the List of Subjects with Seriously Illegal or Dishonest Acts under Market Regulation”, the “Provisions on the Publicity of Administrative Penalty Information on Market Regulation”, and the “Administrative Measures on Credit Repair for Market Regulation”. Those 3 policies have come into force on September 1, 2021. Due to space limitations, we have chosen the main…

After ten years discussion, and several drafts, the widely concerned “Personal Information Protection Law” has finally been promulgated and will come into effect on November 1, 2021. As a special law on regulating the protection of personal information (“PI”), the “Personal Information Protection Law” has made relatively comprehensive and systematic articles for the protection of “PI”. Although some articles need to be clarified or refined, in view of the recent legislative background and individual cases, considering of reducing legal risks, we recommend enterprises to conduct a comprehensive self-review on the basis of this law. Due to space limitations, we only…

The reversion of the “Administrative Penalty Law” (“Reversion”) is adopted at the 25th Session of the Standing Committee of the 13th National People’s Congress of the PRC on Jan. 22, 2021, and has been implemented on Jul. 15, 2021. The Reversion has amended many articles, and we chose some articles which are relevantly more important to enterprises for reference. “No penalty for the first time violation” Article 33 of the Revision stipulates: “……Where an offender violates the law for the first time with minor harmful consequences and makes corrections in a timely manner, no administrative penalty may be imposed on…