Archive

The CPC and the State Council have jointly released the “Opinions” on 24th June 2018. The “Opinions” has mentioned the comprehensive objectives of the environmental governance, the guidance on the industry administration, the plan on the governance of atmosphere and water, and so on. For enterprises, the industry administration, the encouraging trends, and the supervision methods are worthy of attention.…

Although the “Civil Procedure Law” has prescribed specifically on the time limit for trial and the time for hearing, in the judicial practice, for many cases, the time limit for trail was extended, and the time for trial was postponed, which brought unfavorable effects to the plaintiff or defendant. In order to prevent such bad practice, Fa Shi [2018] No.9…

It is difficult to obtain the real estate registration materials in practice. In some cities, such materials could only be provided to public security organs, procuratorial organs or people's courts; to the parties in a lawsuit; or to the lawyers who have been assigned by the parties in a lawsuit. Because of those differences, it might difficult for the creditor…

Since the “Environmental Protection Law” has been revised and implemented in early 2015, the Chinese government has released several relevant supporting laws and regulations. For the pollutant emission permitting administration, the General Office of the State Council has released the “Notice of the General Office of the State Council on Issuing the Implementation Plan for the Permit System for Controlling…

In 2006, MPS has issued “Several Provisions on the Public Security Organs' Handling of Cases Involving Economic Crimes” (the “Original Provisions”), which was the main guidance on the jurisdiction, filing and withdrawing a case, compulsory measures, cooperation in case handling and so on. However, with the development of internet, new-type economic crimes became more and more, such as the cross-regional,…

After the transition years, from 19th Nov. 2017, China repeal Business Tax. Despite to expand the scope of VAT, the Amendment has several aspects shall be highlighted. 1. To adjust the scope of taxpayers The “Amendment” has added entities and individuals that sell services, intangible assets, or immovables shall be deemed as taxpayers. 2. To adjust some VAT rate (1)…

In recent years, Chinese government has gradually strengthened the management of market competition. From the perspective of the legislation，after 3 times discussion, the 2nd draft of the amendment to the “Anti-unfair Competition Law” has been approved finally; “Opinions of the State Council on Establishing a Fair Competition Review System During the Development of Market-oriented Systems” was promulgated in 2016, all…

The Ministry of Public Security, the Supreme People’s Court, the Supreme People’s Procuratorate and other nine national departments have jointly released the “Action Plan”, in which, 12 departments decided to conduct joint actions, seriously investigate and fight against infringements and crimes on IPR owned by foreign-invested enterprises during Sep. to Dec. 2017. This is the first action promoted by the…

With the rapid development of enterprises, the unfair-competition behaviors related to the enterprise’s name became more and more. In view of this, SAIC released the “Rules on Prohibitive and Restrictive Use of Enterprise Names” and “Rules for Identity and Similarity Comparison for Enterprise Names” (Gong Shang Qi Zhu Zi (2017) No.133) (hereinafter, “No. 133”). To compare with “Administrative Provisions on…