JC Master Legal News Issue 1124
Release Date:
2024-08-19 19:12
Key Takeaways for This Issue
The Supreme People’s Procuratorate has issued the “Answers to Relevant Issues in Handling Criminal Cases of Financial Fraud.”
To help improve the fundamental institutions of the market economy and to impose strict legal penalties on financial fraud offenses such as fraudulent issuance and unlawful disclosure of information, the Economic Crime Prosecution Department of the Supreme People’s Procuratorate recently issued the “Answers to Relevant Issues in Handling Financial Fraud Criminal Cases,” clarifying key issues related to the ascertainment of facts and the application of law in such cases.
The National Development and Reform Commission has issued the “Administrative Measures for Post‑Evaluation of Major Projects of the National Development and Reform Commission.”
On August 14, the website of the National Development and Reform Commission published the “Notice on Issuing the Measures for Post‑Evaluation of Major Projects of the National Development and Reform Commission.”
The Ministry of Civil Affairs plans to revise the Regulations on Marriage Registration.
On August 12, the website of the Ministry of Civil Affairs published the “Notice on Soliciting Public Opinions on the Draft Amendment to the Regulations on Marriage Registration,” with a deadline for submitting feedback set for September 11.
The Supreme People’s Procuratorate has released typical cases of public interest litigation in the procuratorial system, aimed at supporting the comprehensive green transformation of economic and social development.
On August 15, the Supreme People’s Procuratorate website released a selection of typical cases of public interest litigation, titled “Ensuring High-Quality and Effective Handling of Every Public Interest Litigation Case to Support the Comprehensive Green Transformation of Economic and Social Development.”
Finance & Capital Markets
The Shenzhen Stock Exchange and the Dubai Financial Market have signed a memorandum of understanding on cooperation and co-hosted a China–Arab Capital Markets Cooperation Symposium.
On August 14, 2024, the Shenzhen Stock Exchange (hereinafter referred to as the SZSE) and the Dubai Financial Market jointly hosted the “China–UAE (Dubai) Capital Markets Cooperation Symposium” in Dubai and signed a Memorandum of Understanding on cooperation, further deepening multi‑level exchanges and collaboration between the two sides. Key officials from the SZSE, Hamed Ali, CEO of the Dubai Financial Market and Nasdaq Dubai, and Ou Boqian, Chinese Consul General in Dubai, attended the event. Representatives from financial regulatory authorities of both jurisdictions, leading domestic and international investment institutions including CICC and Invesco Great Wall, as well as senior executives of listed companies, totaling nearly 100 participants, also took part.
The conference featured numerous executive dialogues and roundtable discussions on topics including the current state of China–Arab capital market development, strategic cooperation and future prospects, and Dubai’s efforts to support Chinese companies in “going global.” Meanwhile, to actively leverage the demonstration effect and catalytic role of China–Arab capital market cooperation, the Shenzhen Stock Exchange and the Dubai Financial Market explicitly agreed in this memorandum to establish a mechanism for regular high-level meetings, launch joint market‑promotion initiatives, deepen exchanges of experience and research collaboration, explore cooperative ventures in areas such as indices, ETFs, and fixed‑income products, and examine cross‑market financing models, thereby better serving the cross‑border investment and financing needs of market participants on both sides.
At the event, executives from eight high-quality A-share listed companies spanning sectors such as the digital economy, advanced manufacturing, and green, low-carbon industries engaged in one‑on‑one discussions with overseas investors. They presented their business operations and outlined how their enterprises are supporting China–Arab capacity‑cooperation initiatives, addressed investors’ key concerns, and highlighted the opportunities presented by China’s economic development as well as the resilience and dynamism of its market players.
A relevant official from the Shenzhen Stock Exchange stated that, in recent years, the Exchange has steadfastly advanced high‑level two‑way opening-up. Taking this memorandum signing as an opportunity, it will institutionalize roadshow and promotional activities, diversify cross‑border investment and financing products and channels, establish a China–Arab cross‑border capital services mechanism, and further deepen practical cooperation between China and Arab countries, thereby strengthening the capital market’s ability to serve the real economies of both sides.
A senior official from the Dubai Financial Market stated that the signing of this agreement marks a significant milestone for the two financial centers in fostering economic growth and strengthening their partnership. The two exchanges will work together to forge new pathways for investment and economic development, driving shared prosperity and innovation. Efficient capital markets are vital to economic progress, and this deepened cooperation will create fresh opportunities for China and the UAE, while cultivating an environment conducive to investment and growth.
The seminar received a positive response, earning full recognition and strong support from relevant authorities on both sides. Participants from various sectors noted that the event vividly showcased China’s economic dynamism and the diverse opportunities for investment and industrial cooperation, while afofficeing that the alignment of Chinese and Arab capital serves the mutual interests of both parties and helps foster win-win development in the real economy.
Going forward, the Shenzhen Stock Exchange will continue to implement the requirements set forth by the China Securities Regulatory Commission, further leverage its role as a capital market hub and platform, deepen connectivity with overseas capital markets, actively expand the depth and breadth of services for international investors, and steadily advance institutional opening-up of the capital market, thereby better supporting the establishment of a new development paradigm and contributing to high-quality development.
Beijing Financial Regulatory Bureau: Six Major Measures to Advance the Development of a Diversified Mechanism for Resolving Financial Consumer Disputes
The Beijing Financial Regulatory Bureau recently issued the “Notice on Further Advancing the Development of a Diversified Dispute-Resolution Mechanism for Financial Consumer Disputes in the Beijing Area” (hereinafter referred to as the “Notice”), outlining six measures to promote the high-quality development of diversified dispute-resolution efforts for financial consumer disputes within its jurisdiction.
First, strengthen support for diversified dispute-resolution mechanisms. The Notice requires banking and insurance institutions within the jurisdiction to officely adopt a “maximize mediation” mindset, improve supporting systems for diversified resolution of disputes, and actively cooperate with people’s courts and industry-specific mediation organizations in assigning or entrusting mediation. Institutions must not refuse to participate on the grounds that a case has already entered litigation proceedings. Furthermore, for cases seeking compulsory enforcement, they are expected to facilitate voluntary compliance and conduct pre-enforcement mediation, thereby striving to align the economic and social outcomes of enforcement measures.
Second, a mechanism for restoring contact with missing parties has been established. The Notice specifies that industry associations shall take the lead in setting up such a mechanism, formulate detailed implementation rules, provide standard templates for authorization agreements on contact restoration, and enhance the Beijing Banking and Insurance Dispute Multi‑Channel Resolution Platform, thereby supporting banking and insurance institutions within the jurisdiction to utilize the platform to carry out contact restoration, mediation, and other related activities in accordance with the law. The Notice further requires that banking and insurance institutions within the jurisdiction seeking to employ this mechanism obtain written authorization at the time of concluding contracts with financial consumers, develop standardized communication protocols, fulfill their obligation to disclose material matters, and adopt effective measures to safeguard consumers’ personal information, thus effectively mitigating associated risks.
Third, strengthen governance at the source of disputes. The Notice requires banking and insurance institutions within the jurisdiction to enhance their consumer protection systems and mechanisms, streamline their consumer protection management frameworks, and solidify key operational processes such as consumer protection reviews, collaborative dispute resolution, and proactive prevention. It also calls for further streamlining complaint channels, rigorously implementing the immediate‑response mechanism, seizing the “golden time” for handling complaints, promptly addressing consumer concerns, and elevating the effectiveness of dispute resolution. Moreover, it urges intensified oversight of areas prone to frequent issues and enhanced end-to-end management of dispute resolution.
Fourth, strengthen internal–external coordination and collaboration. The Notice requires banking and insurance institutions within the jurisdiction to designate three-tier judicial liaison officers, establish a sound internal performance‑assessment and accountability system, and refrain from refusing to participate in relevant work on the grounds of internal assessments. It also stipulates that industry mediation organizations should enhance cooperation with the people’s courts, bolster the credibility of industry‑mediation efforts, and regularly arrange for relevant personnel to observe court hearings, thereby fostering constructive interaction between the industry and the judiciary.
Fifth, continuously improve relevant mechanisms. The Notice requires banking and insurance institutions within the jurisdiction to appoint designated personnel as part-time mediators and neutral evaluators, actively participate in neutral evaluation and small-claims adjudication mechanisms, promptly implement the rulings of industry mediation organizations, and appropriately resolve disputes and conflicts.
Sixth, consolidate the foundational groundwork for related work. The Notice requires industry associations to proactively fulfill their roles and advance relevant initiatives through self-regulation. At the same time, it stipulates that the Beijing Financial Regulatory Bureau shall conduct on-site or off-site inspections to assess how banking and insurance institutions within its jurisdiction implement the relevant requirements and participate in diversified mechanisms for resolving financial consumer disputes, and shall, in accordance with the law, impose regulatory measures on those institutions that fail to adequately comply with such requirements.
The Supreme People’s Procuratorate has issued the “Answers to Relevant Issues in Handling Criminal Cases of Financial Fraud.”
To help improve the fundamental institutions of the market economy and to impose strict legal penalties on financial fraud offenses such as fraudulent issuance and unlawful disclosure of information, the Economic Crime Prosecution Department of the Supreme People’s Procuratorate (hereinafter referred to as the “Supreme Procuratorate”) recently issued the “Answers to Relevant Issues in Handling Financial Fraud Criminal Cases” (hereinafter referred to as the “Answers”), which clarifies key issues regarding the ascertainment of facts and the application of law in such cases.
The “Answers” comprise four parts and 15 provisions, offering clear guidance on the overall requirements for handling criminal cases involving financial fraud; the interpretation of the constituent elements of the crime of fraudulent issuance of securities and the application of the standards for initiating investigation and prosecution; the interpretation of the constituent elements of the crime of illegally disclosing or failing to disclose material information and the application of the corresponding standards for initiating investigation and prosecution; as well as the identification of criminal liability for intermediary organizations and their personnel. The “Answers” emphasize pursuing, across the entire chain, those responsible—namely, listed companies and their controlling shareholders, actual controllers, directors, supervisors, senior management, and other relevant persons—for the crimes of fraudulent issuance of securities and illegal or non‑disclosure of material information; intermediary organizations that provide false certification documents in support of financial fraud; and any other entities or individuals who collaborate with listed companies in committing such fraudulent acts.
Commercial & Corporate
The Ministry of Commerce convened a special roundtable for foreign-invested enterprises to advance key foreign-invested projects.
On August 14, Ling Ji, Vice Minister of Commerce and Deputy Representative for International Trade Negotiations, chaired a special roundtable meeting to advance key foreign-invested projects.
Ling Ji stated that China will steadily expand institutional openness, broaden autonomous opening-up, and promote the orderly liberalization of sectors such as telecommunications, the internet, education, culture, and healthcare. Foreign-invested enterprises will be granted national treatment, with equal treatment in government procurement, large-scale equipment upgrades and consumer‑to‑new product replacement programs, and industry regulation. The Ministry of Commerce will thoroughly implement the spirit of the Third Plenary Session of the 20th CPC Central Committee, leverage the role of dedicated task forces for key foreign-invested projects, strengthen end-to-end, full‑life‑cycle support and services, and promptly address challenges encountered at every stage—ranging from approvals and land use to environmental impact assessments, energy consumption, and financing—so as to facilitate early contract signing for projects under negotiation, early commencement of projects already signed, and early production for those under construction, thereby providing robust support for more effectively attracting and utilizing foreign investment.
The National Development and Reform Commission has issued the “Administrative Measures for Post‑Evaluation of Major Projects of the National Development and Reform Commission.”
On August 14, the website of the National Development and Reform Commission published the “Notice on Issuing the Measures for Post‑Evaluation of Major Projects of the National Development and Reform Commission.”
The Measures comprise five chapters and twenty-eight articles, stipulating that post‑project evaluations should generally employ a combination of qualitative and quantitative approaches. These methods include, but are not limited to, the logical framework approach, survey methods, comparative analysis, expert scoring, comprehensive indicator‑based evaluation, and project success assessment, while also making coordinated use of modern tools such as information technology, big data, and remote‑sensing monitoring.
The Ministry of Industry and Information Technology is launching the 2024 call for exemplary cases of digital transformation in the manufacturing sector.
On August 14, the website of the Ministry of Industry and Information Technology published the “Notice on Launching the Collection of Typical Cases of Digital Transformation in the Manufacturing Sector for 2024.”
The Notice clarifies that the case studies encompass provincial and municipal governments, key industrial parks—including core clusters of advanced manufacturing, national high-tech zones, and national economic and technological development zones—and manufacturing enterprises. Specifically, cases from provincial and municipal governments highlight exemplary policies, measures, and organizational models adopted to advance the digital transformation of local manufacturing offices; park‑level cases focus on the principal approaches implemented to drive digitalization among enterprises within the park, such as infrastructure optimization and upgrading, fostering end-to-end digital transformation across upstream and downstream links in the industrial chain, and strengthening public service support; while enterprise‑level cases zero in on the digital technologies and solutions deployed to address specific pain points, with particular emphasis on sector‑specific characteristics.
The Ministry of Industry and Information Technology plans to issue 366 industry standards and 3 recommended national standard project proposals.
On August 14, the website of the Ministry of Industry and Information Technology published a notice soliciting public comments on 366 industry standards, including the “Test Method for Interoperability of 5G Messaging Services Across Different Operators,” as well as 28 foreign-language versions of industry standards and 3 proposed recommended national standards. The deadline for submitting feedback is September 14.
This batch of released plans for the development and revision of three recommended national standards includes “Road Vehicles—Software Upgrade Engineering,” “Road Vehicles—Guidelines for Information Security Engineering Audits,” and “Technical Requirements and Test Methods for Mobile Monitoring Systems for Vulnerable Road Users in Commercial Vehicles.” The industry standards primarily comprise “Test Methods for Interoperability Among 5G Messaging Services Across Different Operators,” “Test Methods for Home Base Station Security Gateways in 5G Mobile Communication Networks,” “Electromagnetic Compatibility Requirements and Measurement Methods for Airborne Phased-Array Antenna Systems in Terrestrial–Aerial Broadband Communication Systems,” “Indoor Coverage Planning Requirements for 5G Private Networks Targeting Vertical Industries,” and others.
The Ministry of Transport is comprehensively promoting the application of electronic licenses and permits for road transport.
On August 14, the website of the Ministry of Transport released the “Notice on the Comprehensive Promotion and Application of Electronic Certificates for Road Transport.”
The Notice stipulates that transportation authorities at all levels shall, in the course of integrated law enforcement inspections, industry‑specific classification and tiered supervision, and public information verification, ensure support for electronic certificate and license verification, and fully implement and recognize such verification in road transport administrative services and law enforcement oversight. Provincial transportation authorities are required to actively promote data sharing and business coordination among their provincial electronic certificate and license systems and the provincial platforms of the inter‑provincial oversized‑cargo transport parallel‑permit system, the provincial overloading‑control networked management information system, the integrated transportation law enforcement system, the online application portal for the “one‑stop” efficient establishment of road freight enterprises, as well as other transportation‑related business systems within their respective provinces.
The National Standardization Administration has issued the “Comprehensive Performance Evaluation Indicator System for Collective Standards Organizations.”
On August 14, the website of the State Administration for Market Regulation published the “Notice on Issuing the ‘Comprehensive Performance Evaluation Indicator System for Standardization Organizations.’”
The “Indicator System” comprises four first-level indicators, 21 second-level indicators, and 59 third-level indicators, including 18 basic requirements related to fee management, intellectual property management, and other areas. Based on this Indicator System, a comprehensive performance evaluation is conducted for organizations developing group standards, with a maximum score of 100 points. To facilitate categorized and tiered management, scores of 95 or above are rated as three-star, 85–94 as two-star, and 70–84 as one-star.
The State Administration for Market Regulation has launched inspections and oversight of metrological standards.
Recently, the State Administration for Market Regulation issued the “Notice on Conducting the 2024 Metrological Standard Supervision and Inspection,” launching a supervisory inspection of metrological standards at metrology technical institutions.
According to the Notice, inspections will be conducted through a combination of self-assessment by standard‑setting organizations holding metrological standard assessment certificates issued by the State Administration for Market Regulation and on-site spot checks. The focus will be on verifying whether metrological standards remain in compliance with the relevant assessment requirements throughout the validity period of their certificates. The inspection process will proceed in stages: self‑assessment by the organization, on-site inspection, rectification of identified issues, and final disposition of results.
The National Medical Products Administration has issued the Regulations on the Procedures for the Formulation and Revision of Cosmetic Standards.
On August 15, the National Medical Products Administration (NMPA) website published the “Notice on Issuing the Provisional Regulations on the Procedures for the Development and Revision of Cosmetic Standards.”
The Regulations comprise seven chapters and forty-nine articles, governing such matters as the initiation of standard development, the drafting and validation of standards, preliminary review and public consultation, re‑review by sub‑technical committees and examination by the Chairpersons’ Meeting, approval and promulgation of standards, as well as their amendment and repeal.
The Ministry of Civil Affairs plans to revise the Regulations on Marriage Registration.
On August 12, the website of the Ministry of Civil Affairs published the “Notice on Soliciting Public Opinions on the Draft Amendment to the Regulations on Marriage Registration,” with a deadline for submitting feedback set for September 11.
The Regulations comprise six chapters and twenty-eight articles. With respect to marriage registration, it is proposed to abolish the original restriction in Article 4 on the location of the marriage registration authority and to remove the requirement for a household registration book as supporting documentation. In terms of negative conditions, in alignment with the Civil Code, the former fifth condition—“suffering from a disease that medical science deems grounds for prohibiting marriage”—is to be eliminated. Regarding divorce registration, the divorce cooling-off period will be incorporated into the procedural framework of the Regulations, and the relevant provisions pertaining to re-registration of a previously dissolved marriage will be repealed.
The State Council and the Central Military Commission have revised the Regulations on Preferential Treatment and Compensation for Military Personnel.
On August 13, the Chinese Government Website published the revised Regulations on Preferential Treatment for Military Personnel, which will take effect on October 1.
The Regulations comprise six chapters and sixty-four articles, setting forth provisions on death benefits for military personnel, disability benefits for military personnel, preferential treatment, and legal liabilities. It is stipulated that if an entity obligated to provide preferential treatment to military personnel fails to do so, the competent department for veterans’ affairs under the local people’s government at or above the county level shall order it to fulfill its obligations within a specified time limit; if the obligation remains unfulfilled after the deadline, a fine of no less than RMB 20,000 but no more than RMB 50,000 shall be imposed. In addition, the directly responsible principal officials and other persons directly liable shall be subject to disciplinary sanctions in accordance with the law. Where failure to perform such preferential obligations results in losses to the beneficiaries of these benefits, the responsible party shall bear compensation liability in accordance with the law.
The Ministry of Science and Technology has issued guidelines to promote and pilot an “Innovation Credit System” for enterprises nationwide.
On August 13, the website of the Ministry of Science and Technology issued the “Notice on the Issuance of the ‘Innovation Points System’ Work Guidelines (National Trial Version).”
The Guidelines specify that the core indicators of the innovation scorecard encompass three first-level categories, comprising a total of 18 second-level indicators. The first category is technological innovation indicators, which assess both the enterprise’s investment in R&D and its ultimate innovation outcomes. Specifically, these include seven metrics: the amount of R&D expenditure, the growth rate of R&D spending, the ratio of R&D expenses to operating revenue, the proportion of R&D personnel to total employees, the number of invention patent applications related to the core business, the total number of patent applications related to the core business, and the value of technology contracts concluded by the enterprise. The second category is growth and operational performance indicators, which evaluate an enterprise’s long-term capacity for sustainable growth and operational sustainability. These comprise six metrics: revenue from high-tech products, total operating revenue, the growth rate of operating revenue, the percentage of employees holding postgraduate degrees or higher, the income tax deduction for additional R&D expense allowances, and the return on net assets. The third category consists of supplementary indicators, providing complementary assessments of an enterprise’s innovation capabilities.
The Ministry of Industry and Information Technology is launching a call for submissions of exemplary application cases showcasing how artificial intelligence is empowering new‑type industrialization.
On August 13, the website of the Ministry of Industry and Information Technology published the “Notice on Launching the Collection of Typical Application Cases for AI-Driven New Industrialization.”
The Notice clarifies that the initiative will be centered on leveraging artificial intelligence to drive a new wave of industrialization, with a call for submissions of exemplary application cases across four key domains: technological infrastructure, industry-specific applications, equipment and products, and supporting systems and safeguards. Specifically, the industry‑application category will focus on ten major manufacturing sectors—steel, nonferrous metals, petrochemicals, chemicals, building materials, machinery, automotive, power‑equipment, light industry, and electronics—targeting critical processes and priority scenarios such as R&D and design, production and manufacturing, operations and maintenance, and business management. The aim is to solicit case studies that demonstrate innovation and strong potential for wider adoption, deliver measurable economic and social benefits, and serve as models to inspire broader industry transformation.
The Ministry of Industry and Information Technology has issued the 2024 “Industry Standard Conditions for the Comprehensive Utilization of End-of-Life Power Batteries from New Energy Vehicles.”
On August 14, the website of the Ministry of Industry and Information Technology published the “Public Consultation on the Industry Standard Conditions for the Comprehensive Utilization of End-of-Life Power Batteries from New Energy Vehicles (2024 Edition),” with a deadline for feedback set for August 29.
The Regulations stipulate that, with respect to enterprise site planning and project location selection, enterprises shall comply with national industrial policies as well as the urban–rural development plans, ecological and environmental zoning management, strategic environmental assessments, ecological protection red lines, ecological and environmental protection plans, overall land-use plans, and functional zone plans of the relevant locality. Their construction and implementation must meet standardized design requirements. Enterprise site layouts shall be commensurate with the scale of their used power battery treatment operations. Furthermore, enterprises may not be located within nature reserves, scenic areas, drinking water source protection zones, permanent basic farmland, wetland protection zones, or other areas designated for special protection under national laws, regulations, rules, or provisions issued by people’s governments at or above the county level.
In the first half of 2024, the service trade deficit stood at RMB 662.87 billion.
Recently, an official from the Department of Service Trade of the Ministry of Commerce provided an overview of the development of service trade in the first half of 2024.
Data show that in the first half of 2024, China’s trade in services continued to grow rapidly, with total imports and exports reaching RMB 3.59803 trillion, up 14% year on year. Specifically, exports amounted to RMB 1.46758 trillion, an increase of 10.7%, while imports totaled RMB 2.13045 trillion, up 16.4%. The service trade deficit stood at RMB 662.87 billion. Travel services recorded imports and exports of RMB 961.71 billion, a rise of 47.7%, making it the largest component of China’s trade in services.
The Ministry of Transport has issued 15 industry standards for the transportation sector.
On August 14, the website of the Ministry of Transport published the “Announcement on the Release of 15 Transportation Industry Standards, Including ‘Scientific Observation Network for Long-Term Performance of Highway Infrastructure – Part 1: Construction Specifications.’”
The 15 transportation industry standards released in the Announcement primarily include: “Long-Term Performance Scientific Observation Network for Highway Infrastructure—Part 1: Construction Specifications,” “Long-Term Performance Scientific Observation Network for Highway Infrastructure—Part 2: Observation Specifications,” “Long-Term Performance Scientific Observation Network for Highway Infrastructure—Part 3: Data Submission Specifications,” “Technical Requirements for a Blockchain-Based Port and Waterway Container Information Exchange Platform and Its Interfaces,” “Specifications for the Placement of Safety Signs in Highway Construction,” and “Technical Requirements for On-Site Safety Protection in Highway Construction,” among others.
The National Medical Products Administration has announced that 37 batches of cosmetics do not comply with regulatory requirements.
On August 13, the National Medical Products Administration (NMPA) website published the “Notice on 37 Batches of Cosmetics That Do Not Comply with Regulations.”
The notice indicates that, following testing by the Hainan Provincial Institute for Drug Control and other agencies, 37 batches of cosmetics—including the Hanxiu Palace Snow Lotus Herbal Repair Mask—bearing labels indicating they were manufactured by Guangzhou Hanfang Cosmetics Manufacturing Co., Ltd., were found to be non‑compliant with regulatory requirements. In response, Guangzhou Hanfang Cosmetics Manufacturing Co., Ltd. filed an objection regarding the authenticity of the samples; however, upon review by the Guangdong Provincial Drug Administration, it was conofficeed that the non‑compliant products in question had indeed been registered or produced by the aforementioned manufacturer. The act of providing false information and concealing the true facts by the aforementioned company constitutes a serious violation under the Regulations on the Supervision and Administration of Cosmetics and will be subject to enhanced and stringent penalties in accordance with the law.
The National Energy Administration has issued the “Action Plan for High-Quality Development of Distribution Networks.”
Recently, the website of the National Energy Administration published the “Notice on Issuing the Implementation Plan for High-Quality Development of Distribution Networks (2024–2027).”
The Implementation Plan comprises six areas and twelve specific measures, clearly stipulating the need to refine mechanisms for the coordinated development of distribution networks and distributed renewable energy; to establish and improve coordination mechanisms involving distribution networks and electric vehicle charging infrastructure; to strengthen the planning and management of distribution network construction; to conduct a comprehensive review of technical standards for distribution networks; to prioritize the research, formulation, and revision of “four batches” of standards; and to set up an evaluation system for distribution‑network development indicators to enable a scientific assessment of the progress of distribution‑network development across regions.
The Director of the Cyberspace Administration of China Discusses Deepening Reform in the Cyberspace Sector
Recently, Zhuang Rongwen, Director of the Cyberspace Administration of China, gave an interview in which he discussed the achievements of reform in the cyberspace sector in the new era and efforts to improve the comprehensive governance system for the internet.
Regarding the advancement and governance of generative artificial intelligence, the director of the Cyberspace Administration of China stated that the next steps will focus on fostering the research and development of domestically controlled computing chips and algorithmic frameworks, building high-quality Chinese-language corpora, vigorously strengthening foundational AI capabilities, and accelerating the development and deployment of indigenous large-scale models. The authorities will uphold a regulatory approach characterized by inclusiveness, prudence, and agile governance, streamline the registration process for large models to reduce compliance costs for enterprises, and continuously stimulate corporate innovation. Furthermore, they will leverage China’s advantage as an ultra-large‑scale market to promote the practical application of generative AI technologies across industries such as manufacturing, agriculture, education, healthcare, and public health, thereby unlocking AI’s potential to drive the real economy. Together, these efforts aim to achieve greater breakthroughs in the integration of AI into traditional sectors.
Beijing plans to introduce several measures to enhance catering services at cultural and tourism venues.
The Beijing Municipal Government website has published the “Notice on Public Solicitation of Comments on the ‘Several Measures (Trial) for Optimizing Catering Services at Cultural and Tourism Venues’ (Draft for Comments).”
The “Several Measures” comprise eight provisions, setting out the fundamental principles and types of catering services that cultural and tourism venues may offer. They specify the concrete procedures for public‑service institutions of Category I, Category II, and enterprise‑type cultural and tourism venues to provide such services; outline the specific steps for adding items to the legal entity certificate, handling the leasing or lending of state‑owned assets, and obtaining relevant permits and licenses; and impose requirements for expediting these administrative processes. The measures also stipulate that the lease term for ancillary service premises in cultural and tourism venues shall generally not exceed one year, with any agreements extending beyond that period subject to prescribed approval procedures. Furthermore, they clarify how rental income or operating revenues generated from catering services provided by institutional cultural and tourism venues are to be managed and utilized, allowing for the disbursement of appropriate performance‑based rewards to eligible personnel in accordance with established procedures.
Beijing plans to issue opinions in seven areas to strengthen the standardized management of pharmaceutical retail enterprises.
On August 13, the Beijing Municipal Government website published the “Notice on Soliciting Public Comments on the ‘Guiding Opinions on Further Strengthening the Standardized Management of Pharmaceutical Retail Enterprises and Enhancing the Quality of Pharmaceutical Services (Draft for Comments)’,” with the deadline for submitting feedback set for September 12.
The “Guiding Opinions” set forth standardized requirements for the installation of light boxes, signage, and other visual elements in pharmaceutical retail establishments, ensuring that such displays are clear, conspicuous, and aesthetically pleasing. They further refine the drug classification management system, elevate the level of standardized operations, and achieve effective risk control throughout the pharmaceutical retail chain. Additionally, they standardize the segregation of areas designated for the sale of prescription versus over-the-counter drugs, as well as for pharmaceuticals versus non‑pharmaceutical products. Specialized drugs, cell‑therapy biologics, and traditional Chinese medicine decoction pieces must be sold in dedicated zones under the supervision of designated personnel. Pharmacy staff providing pharmaceutical services are required to wear uniform attire and display identification badges. Standardized consultation procedures are also established to offer patients professional guidance on the rational and appropriate use of medications, while strictly prohibiting the practice of licensed pharmacists lending their credentials to others.
Two local accounting associations have jointly issued an auditing guideline to address revenue fraud in manufacturing enterprises.
The Guangdong Institute of Certified Public Accountants and the Zhejiang Institute of Certified Public Accountants jointly conducted a research project on practical guidelines for the application of specific procedures in anti‑fraud audits of manufacturing enterprises, and recently released the “Practical Guidelines for the Application of Specific Procedures in Anti‑Fraud Audits of Manufacturing Enterprises—Revenue Section,” which is intended for study and reference.
This guidance comprises four sections: an introduction, a case analysis of revenue fraud in manufacturing enterprises, audit procedures for addressing revenue fraud in such entities, and illustrative working papers for extended, specialized anti-fraud audit procedures. Specifically, the audit procedures for tackling revenue fraud include ten standard, foundational audit steps and five targeted procedures, such as conducting risk‑assessment procedures, reviewing sales‑transaction contracts, rigorously applying analytical procedures to revenue, strengthening multi‑dimensional comparative analyses between revenue‑related financial data and operational data, performing stringent revenue cut‑off tests, and examining significant sales contracts executed near the year‑end.
Special Action Plan of Beijing Municipality on Administrative Review to Support High-Quality Enterprise Development
Recently, the Beijing Municipal Justice Bureau, in collaboration with the Municipal Development and Reform Commission and the Municipal Federation of Industry and Commerce, jointly formulated the “Beijing Special Action Plan for Administrative Review to Support High-Quality Enterprise Development,” which will be implemented citywide from July to December 2024.
The Action Plan sets out more than twenty specific tasks across ten key areas and, in the form of a task list, provides detailed delineations and stipulations regarding the responsibilities and deadlines for each task. It underscores the need to strengthen oversight of administrative law enforcement involving enterprises and to make full use of the corrective measures prescribed under the newly revised Administrative Review Law—such as modification, revocation, conofficeation of illegality, and orders to perform—so as to resolutely rectify administrative actions characterized by unclear findings of fact, erroneous application of the law, or procedural violations.
Guangdong Standardizes the Unemployment Insurance Stabilization and Retention Refund Policy for Labor Dispatch Agencies
Recently, the Guangdong Provincial Department of Human Resources and Social Security issued a notice to standardize the eligibility criteria for labor dispatch agencies within the province to receive unemployment insurance subsidies aimed at stabilizing employment.
The policy primarily targets two categories of entities: first, labor dispatch agencies that have obtained administrative permits for labor dispatch within the administrative jurisdiction of Guangdong Province; and second, branch offices of labor dispatch agencies that are licensed outside the province but have duly filed with the relevant authorities in Guangdong. These entities may apply to receive unemployment insurance subsidies for stabilizing employment, in accordance with the requirements set forth in the notice.
Specific eligibility criteria include: individuals who maintain a direct employment relationship with the labor dispatch agency—namely, regular employees who have entered into a formal labor contract, receive wages directly from the employer, and participate in social insurance—as well as dispatched workers. However, it is explicitly stipulated that individuals falling under the “false outsourcing, real dispatch” scenario shall not be counted as regular employees and are ineligible for the employment‑stabilization subsidy. Furthermore, workers dispatched to government agencies or public institutions are excluded from the scope of this policy.
Public security, environmental protection, food and drug, and criminal investigation departments nationwide have re-deployed efforts to deepen the implementation of the “Summer Operation.”
On August 12, a national video conference was held for the public security departments responsible for environmental, food, and drug-related investigations. The meeting reviewed the progress of the “Summer Campaign” undertaken by these departments in the previous phase and outlined further measures to deepen and advance the campaign.
The meeting emphasized the need to further strengthen targeted enforcement, accurately identify the patterns and characteristics of summer‑time crime in the areas of food, drugs, and intellectual property, and vigorously advance special campaigns such as “Clear Wind” and “Spring Breeze.” It called for deepening region‑wide operations—like the Yangtze River Basin campaign against environmental pollution crimes—and launching specialized, area‑specific crackdowns on offenses such as those involving meat products. Particular attention should be paid to food safety issues at key venues—including night markets, open‑air food stalls, barbecue restaurants, and hot‑pot eateries—as well as to crimes involving the destruction of farmland during the summer harvest, sowing, and management periods; counterfeit and pirated trademarks in the seed sector; the production and sale of substandard or fake agricultural inputs; infringement and counterfeiting in sectors such as electric bicycles, fire‑protection products, electrical appliances, and construction materials; illegal hunting in nature reserves and key forested areas; unauthorized logging and excessive deforestation in forest regions during the summer; and illicit river‑sand extraction carried out under the guise of “dredging and sediment removal.”
The 2024 China International Fair for Trade in Services will be held in September, with 72 countries and international organizations conofficeed to participate with physical exhibition booths.
On August 12, a media briefing for the 2024 China International Fair for Trade in Services was held, announcing that the fair will take place from September 12 to 16 at the National Convention Center and the Shougang Park. Seventy-two countries and international organizations have conofficeed their participation with in-person pavilions under the auspices of their national governments or headquarters, including 12 countries and international organizations making their debut with independent offline exhibits.
This year’s China International Fair for Trade in Services will feature both a comprehensive exhibition and specialized pavilions, all centered on fostering and developing new‑type productive forces. Leveraging the advantages of cluster‑based and chain‑linked exhibition organization, the event will link and integrate high‑quality service‑trade resources, showcasing the latest achievements across various sectors. The comprehensive exhibition will be held at the National Convention Center, with sections including an achievements showcase, country‑specific exhibits, displays by provinces, autonomous regions, municipalities, and Hong Kong, Macao, and Taiwan, as well as themed zones. Meanwhile, the specialized exhibitions will take place at the Shougang Park, focusing on industry hotspots and emerging trends, and featuring dedicated areas for telecommunications, computer and information services; financial services; cultural and tourism services; education services; sports services; supply‑chain and business services; engineering consulting and construction services; health and medical services; and environmental services.
The Ministry of Natural Resources has published a list of normative documents that remain in effect.
On August 12, the website of the Ministry of Natural Resources published the “Notice on the Publication of the Catalogue of Normative Documents That Remain in Effect.”
The “Catalog” indicates that, as of the end of July 2024, the Ministry of Natural Resources had a total of 222 valid normative documents in force, including, among others, the “Notice of the Ministry of Natural Resources on Issuing the Measures for the Administration of the Provision of Classified Surveying and Mapping Results to Foreign Entities,” the “Notice of the Ministry of Natural Resources on Issuing the Rules for the Transfer and Trading of Mining Rights,” the “Notice of the Ministry of Natural Resources on Issuing the Specifications for the Representation of Content on Public Maps,” the “Notice of the Ministry of Natural Resources on Further Improving the Registration and Management of Mineral Resource Exploration and Exploitation,” and the “Opinions of the Ministry of Natural Resources on Several Matters Concerning the Deepening of Reform in Mineral Resource Management.”
The Center for Medical Device Evaluation of the National Medical Products Administration has released 12 guidance principles for the registration review of medical device products.
On August 12, the Center for Medical Device Evaluation of the National Medical Products Administration published the “Notice on the Release of Twelve Medical Device Product Registration Review Guidance Principles, Including the Registration Review Guidance Principle for Hydrogel Dressings.”
The “Notice” announces that the newly released “Guiding Principles” primarily include: the “Guiding Principles for the Registration Review of Hydrogel Dressings,” the “Guiding Principles for the Registration Review of Dialysate Filters,” the “Technical Review Guiding Principles for Single-Use Side-Lumen Blunt Needles,” the “Guiding Principles for the Registration Review of Single-Use Venous Indwelling Catheters,” the “Part III on Biocompatibility and Toxicological Evaluation of Medical Devices Utilizing Nanomaterials,” the “Guiding Principles for the Registration Review of α‑Cyanoacrylate‑Based Medical Adhesives (2024 Revision),” the “Guiding Principles for the Registration Review of Absorbable Anti‑Adhesion Products for Abdominal and Pelvic Surgical Procedures (2024 Revision),” and the “Guiding Principles for the Registration Review of Absorbable Surgical Sutures (2024 Revision),” among others.
The State Administration for Market Regulation has revised the names and technical specifications of eight national measurement standards.
On August 12, the website of the State Administration for Market Regulation published the “Announcement on Amending the Names and Technical Specifications of Eight National Measurement Standards.”
The revised measurement standards announced in the Notice primarily include the “(273.15–933.473) K Temperature Sub‑Standard Device,” the “Illuminance Sub‑Standard Device,” the “Luminance Sub‑Standard Device,” the “Color Temperature Sub‑Standard Device,” the “(400–1000) K Total Irradiance Standard Device,” the “(0.1–100) mW Laser Power Sub‑Standard Device,” the “Luminous Intensity Sub‑Standard Device,” and the “Total Luminous Flux Sub‑Standard Device.”
The Ministry of Water Resources has issued the Measures for the Administration of Credit Information of Market Operators in Water Conservancy Construction.
Recently, the Chinese Government Website published the Ministry of Water Resources’ Notice on Issuing the Measures for the Administration of Credit Information of Market Operators in Water Conservancy Construction.
The Measures comprise eight chapters and forty articles, clearly defining provisions on the collection and sharing of credit information, the public disclosure of such information, its application, the rectification of inaccurate information, the protection of rights and interests, and oversight and administration. They emphasize that the National Water Conservancy Regulatory Platform should strengthen the development of information security infrastructure and enhance its security safeguards to ensure information integrity. In line with the requirement to protect the rights and interests of market entities engaged in water conservancy construction, the Measures specify the authorities and procedures for accessing and using information, mandate compliance with the Measures for the Administration of Information Security Level Protection regarding system filing and the determination of security protection levels, require encryption of sensitive information, and refine the systems for recording and reviewing information access and use to prevent unauthorized acquisition or leakage.
The Shenzhen Municipal Bureau of SME Services has issued the “Operational Procedures for the SME Digital Service Provider Support Program.”
On August 12, the Shenzhen Municipal Government website published the “Notice on Issuing the Operational Procedures for the Shenzhen SME Service Bureau’s Support Program for Digital Service Providers to SMEs.”
The Regulations comprise seven chapters and twenty articles, specifying that the support program provides post‑implementation funding. Specifically, each year a pool of high‑quality digital service providers for small and medium-sized enterprises (SMEs) is selected, and these providers receive financial incentives based on their performance in facilitating SMEs’ digital transformation. The Municipal SME Service Bureau, in accordance with the annual budget allocation for special municipal funds, determines the total amount of project‑support funding for the current year. For non‑integrated service providers that meet the selection and evaluation criteria, the proposed subsidy amount is determined according to their scores in the assessment. Scores are categorized into four tiers—60–70 points, 70–80 points, 80–90 points, and above 90 points—and corresponding awards or subsidies are granted to non‑integrated service providers at levels not exceeding RMB 500,000, RMB 1 million, RMB 3 million, and RMB 5 million, respectively.
The CPC Central Committee and the State Council have put forward 33 measures to accelerate the comprehensive green transformation of economic and social development.
The Chinese Government Website has published the “Opinions of the CPC Central Committee and the State Council on Accelerating the Comprehensive Green Transformation of Economic and Social Development.”
The “Opinions” outline measures to accelerate the establishment of a spatial layout, industrial structure, production model, and lifestyle that conserve resources and protect the environment, focusing on five key areas and three critical stages. The five major areas are as follows: First, building a green, low‑carbon, high‑quality spatial development framework by optimizing land‑use planning for development and conservation, and fostering hubs of green development. Second, expediting the green and low‑carbon transformation of the industrial structure—promoting the green and low‑carbon upgrading of traditional industries, vigorously developing green and low‑carbon sectors, and accelerating the coordinated digital‑green transformation. Third, advancing a steady green and low‑carbon energy transition by enhancing the clean and efficient use of fossil fuels, scaling up non‑fossil energy sources, and speeding up the construction of a new‑type power system. Fourth, driving a green transformation of the transportation sector by optimizing the transport mix, building green transport infrastructure, and promoting low‑carbon vehicles. Fifth, promoting a green transformation of urban and rural development through green planning and design practices, robustly developing green and low‑carbon buildings, and advancing green development in agriculture and rural areas.
China has filed a complaint with the World Trade Organization against the European Union’s provisional anti-subsidy measures on electric vehicles.
Recently, China filed a complaint with the World Trade Organization against the European Union’s provisional anti-subsidy measures on electric vehicles. A spokesperson for the Ministry of Commerce addressed reporters’ questions on the matter.
The Ministry of Commerce stated that on August 9, China invoked the World Trade Organization’s dispute settlement mechanism to challenge the European Union’s provisional anti-subsidy measures on Chinese electric vehicles. The EU’s preliminary ruling lacks both factual and legal basis, gravely violates WTO rules, and undermines the broader global effort to address climate change. China urges the EU to immediately rectify its erroneous practices and work together to safeguard China-EU economic and trade cooperation as well as the stability of the electric vehicle industry’s value chain and supply chains.
Taxation
The State Taxation Administration has introduced new measures to facilitate taxpayers’ cross‑regional relocation, with a focus on overseeing the effectiveness of local implementation.
On August 15, the State Taxation Administration published on its website the “Notice on Further Facilitating Cross-District Taxpayer Relocation to Support the Development of a Unified National Market,” which will take effect on September 1.
The Notice introduces a series of measures across the entire process, covering “optimizing pre‑event reminders,” “expediting in‑process handling,” and “improving post‑event services.” Under the “expediting in‑process handling” category, the Notice sets out specific requirements for four distinct scenarios: first, streamlining the processing of pending matters; second, simplifying procedures for invoice use—specifically, for taxpayers using digital electronic invoices, the information system will automatically transfer their invoice limits to the destination jurisdiction; third, categorizing and addressing tax‑related risks—tax authorities will promptly process relocation formalities for low‑risk cases, while for medium‑ and high‑risk cases, they will complete risk‑mitigation measures within prescribed timeframes and then proceed with the relocation process without delay; and fourth, optimizing the tax‑refund processing stage.
The Notice emphasizes that tax authorities at all levels must resolutely resist local protectionism, strictly prohibit assisting in or obstructing the lawful relocation of taxpayers, strictly forbid initiating risk‑related tasks that unlawfully impede taxpayer relocation, and strictly prohibit imposing additional conditions or thresholds that hinder taxpayer relocation.
Two Departments: Matters Concerning the Reallocation of Import Tariff Quotas for Agricultural Products in 2024
The National Development and Reform Commission and the Ministry of Commerce have issued the “2024 Announcement on the Reallocation of Import Tariff Quotas for Agricultural Products” (No. 3, 2024).
Among them, end-users holding import tariff‑quota allocations for wheat, corn, rice, cotton, and sugar in 2024 who, during the year, have failed to conclude import contracts for the full allocated quantities, or who have entered into such contracts but anticipate being unable to ship from the port of origin by year‑end, must return the unfulfilled or unshippable portion of their quota holdings to the local Development and Reform Commission and commerce authorities—by province, autonomous region, municipality directly under the central government, separately listed city, or the Xinjiang Production and Construction Corps—no later than September 15. Wheat, corn, and rice are to be returned through the Grain Import Tariff Quota Management System of the International Trade “Single Window”; cotton through the Cotton Import Quota Management System of the International Trade “Single Window”; and sugar through the Agricultural Product Import Tariff Quota Management System. The National Development and Reform Commission and the Ministry of Commerce will reallocate the returned quotas.
The CPC Central Committee and the State Council: Improving Fiscal and Tax Policies for Green Transformation
The CPC Central Committee and the State Council have issued the “Opinions on Accelerating the Comprehensive Green Transformation of Economic and Social Development,” marking the first time at the central level that a systematic plan has been laid out to expedite this transformation.
Among these measures, the policy on improving fiscal and tax policies for green transformation emphasizes the proactive establishment of a fiscal and tax framework that fosters green, low‑carbon development and efficient resource utilization. This framework will support initiatives in areas such as building a new‑generation energy system, upgrading and transforming traditional industries, advancing green and low‑carbon technological innovation, promoting the economical and intensive use of energy and resources, and popularizing green, low‑carbon lifestyles. It also calls for implementing tax incentives for environmental protection, energy and water conservation, comprehensive resource utilization, and new‑energy and clean‑energy vehicles and vessels. Furthermore, it seeks to refine the green tax system by fully transitioning water‑resource fees to taxes, enhancing the environmental protection tax collection mechanism, and exploring tax policies that incentivize carbon reduction.
LITIGATION & ARBITRATION
The Supreme People’s Procuratorate has released typical cases of public interest litigation in the procuratorial system, aimed at supporting the comprehensive green transformation of economic and social development.
On August 15, the Supreme People’s Procuratorate website released a selection of typical cases of public interest litigation, titled “Ensuring High-Quality and Effective Handling of Every Public Interest Litigation Case to Support the Comprehensive Green Transformation of Economic and Social Development.”
This batch of typical cases comprises seven matters, covering areas such as integrated water‑environment management, prevention and control of solid‑waste pollution, wetland conservation, mine‑site restoration and remediation, and protection of nature reserves. Among them, five cases employed an integrated case‑handling mechanism: the higher‑level procuratorate directly instituted proceedings, coordinated personnel from procuratorates at all levels to form case teams, and carried out layered, unified oversight, thereby advancing the resolution of major, complex ecological and environmental issues that span multiple administrative levels and regions.
The Supreme People’s Court has released typical cases in which people’s courts have adjudicated, in accordance with the law, instances of illegal logging.
On August 14, the Supreme People’s Court released four typical cases in which people’s courts, in accordance with the law, adjudicated instances of illegal logging, thereby guiding the public to correctly understand timber harvesting, to apply for harvesting permits in compliance with laws and regulations, and to implement restoration measures in a scientific and rational manner.
In Case No. 1, the case of Wu Mouliang and others for illegal logging, the court held that the appropriateness of the logging method and the volume of timber harvested directly affects the rational utilization of forest resources and the regeneration of forests. To prevent illegal logging and other such practices, the law establishes a system of forest‑harvesting quotas and a permit‑based logging regime; any logging must be conducted in accordance with the law. Even when the timber being harvested belongs to the logger himself, failure to comply with statutory requirements still entails corresponding legal liability.
JC Master Law Office
Address: 9th Floor, National Water Resources Building, No. 70 Qingjiang South Road, Nanjing City
Postal Code: 210036
Phone: 025-84503333
Fax: 025-84505533
Website: www.jcmaster.com
This legal notice is provided solely for informational purposes and does not constitute legal advice or a legal analysis of any specific case. The transmission of this legal notice does not establish an attorney–client relationship between JC Master Law Office and the user or viewer. JC Master Law Office assumes no responsibility for any third-party content accessible via the internet. If you do not wish to receive this legal notice, please notify us by email at jcm@jcmaster.com.
The copyright of this legal information is owned by JC Master Law Office ©. Without written permission, no organization or individual may reproduce, publish, or cite it in any form.
Keywords:
Previous page
Next page