This week's legal hotspots: the Supreme Court released a special report on the characteristics and trends of judicial data related to information cybercrime; a law firm in Chongqing was fined for exceeding the regulations on risk agency fees
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Recent New Policies and Regulations
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8.01
Special Judicial Big Data Report on the Characteristics and Trends of Cybercrime Released
This Report conducts an in-depth analysis of the trends over the past five years in first-instance cases involving information network crimes—both newly filed and concluded—at people’s courts at all levels nationwide, as well as the characteristics of key offenses such as online fraud, online gambling, and the crime of assisting information network criminal activities. It will serve as a valuable reference for the general public in identifying and preventing such risks, safeguarding their legitimate rights and interests, and for relevant authorities in strengthening crime governance.
The linked article is from the official WeChat account: Supreme People’s Court.
8.08
The first batch of cases addressed key issues such as the conditions for accepting major patent infringement disputes, whether the listing of pharmaceutical products by the respondent in multiple provinces (autonomous regions and municipalities) constitutes an offer for sale, and whether such conduct falls within the exceptions to liability under the Patent Law. Decisions were rendered within the statutory time limit.
The linked article is from the WeChat official account: Zhi Chan Cai Jing.
8.10
On the 10th, the State Council Taiwan Affairs Office and the State Council Information Office released the white paper “The Taiwan Question and China’s Reunification in the New Era,” further reaffirming the fact and the current situation that Taiwan is part of China, demonstrating the firm will and resolve of the Communist Party of China and the Chinese people to achieve national reunification, and outlining the CPC and the Chinese government’s stance and policies on advancing the cause of national reunification in the new era.
The linked article is from the official WeChat account: Ministry of Justice.
Recently, the “2021 Report on the Development of Military Rule of Law in China” was released at the Xi’an Campus of the Political Academy of the National Defense University. The report summarizes the major achievements in military rule-of-law development in 2021 and offers a forward-looking outlook on the prospects for such development in 2022.
The linked article is from the official WeChat account: Legal Daily.
Local Chronology of Major Events
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On July 14, the Guangzhou Municipal Human Resources and Social Security Bureau published the newly revised “Detailed Rules for the Implementation of the Measures for Household Registration of Introduced Talents in Guangzhou” (hereinafter referred to as the “Detailed Rules”) on its official website. The “Detailed Implementation Rules” for the first time, in the form of a normative document, clearly stipulate that applications for household registration of employed talents shall, in principle, be processed entirely online.
At the same time, specific procedures have been standardized, with the review period further shortened to 15 working days (which may be extended by an additional 10 working days in special circumstances).
The linked article is from the WeChat official account: Yangcheng Evening News.
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Guangzhou courts have issued 209 personal safety protection orders over the past six years.
Over the more than six years since the Anti-Domestic Violence Law came into effect, personal protection orders have erected a “safety barrier” for victims of domestic violence. The Guangzhou Intermediate People’s Court has strengthened judicial enforcement, cracking down on domestic violence offenses in accordance with the law. Since the implementation of the Anti-Domestic Violence Law, as of June 30, 2022, courts at both levels in Guangzhou have adopted multiple measures to promote and implement innovative mechanisms for issuing personal protection orders, issuing a total of 2
09such orders.
The linked article is from the official WeChat account: Guangdong Provincial Higher People’s Court.
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A Chongqing law firm was fined for charging risk-based fees that exceeded the prescribed limits.
According to a notice issued by the Chongqing Lawyers Association on August 2, recently, the judicial administrative authorities have imposed administrative penalties on a law firm and its principal in accordance with the law for violating regulations on risk‑based fee arrangements by charging fees that exceeded 30% of the agreed‑upon subject matter value stipulated in the fee contract.
Related links:The risk-based fee exceeds 30% of the case value—here comes the fine from the Justice Bureau!、Basic Principles and Common Mistakes in Attorney Fee Quotations
The linked articles are from the WeChat official accounts “Law Media Think Tank” and “Xinze” (author: Attorney Tian Tingfeng).
CNKI embroiled in multiple copyright infringement controversies.
On August 4, a series of court judgments disclosed on the Beijing Courts Trial Information Website revealed that, due to disputes over copyright ownership and infringement, Beijing Century SuperStar Information Technology Development Co., Ltd. (hereinafter “Century SuperStar”) filed a lawsuit against China Academic Journal (CD‑Edition) Electronic Magazine Co., Ltd. (hereinafter “Academic Journal Company”). Century SuperStar asserted that it holds exclusive rights to use the articles in question, and that the defendant, Academic Journal Company, without authorization, had unlawfully provided paid online reading and downloading services for those articles, thereby infringing upon the plaintiff’s rights.
And before that,On May 23, 15 writers jointly filed a lawsuit with the Beijing Internet Court, accusing CNKI of publishing their original works without authorization, thereby seriously infringing upon the copyright of the original authors. This case also concluded pre-trial mediation on August 8, and the trial is scheduled to commence on August 24.
Recently, it has once again been revealed that,The case in which Liang Heng, former deputy editor-in-chief of the People’s Daily, sued China Academic Journal (CD Edition) Electronic Magazine Co., Ltd. (the operator of “China National Knowledge Infrastructure,” or CNKI) on the grounds of copyright infringement was filed with the Haishu District People’s Court of Ningbo City on August 2.
Related links:A work indexed by CNKI was found to have infringed copyright and the defendant was ordered to pay 196,000 yuan in damages.、 Nineteen writers have jointly sued CNKI, seeking over 7 million yuan in damages for copyright infringement.、 Liang Heng, former deputy editor-in-chief of the People’s Daily, has filed a lawsuit against CNKI, and the court has accepted the case.
The linked article is from the WeChat official account: Fazhi Net.
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Typical Case
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Recently, as part of the nationwide “100-Day Campaign” by public security organs to combat and rectify summer public security issues, the cyber security departments took decisive action, swiftly cracking a number of cases involving the development, production, distribution, sale, download, and use of fake epidemic prevention software, thereby promptly eliminating related risks and hazards associated with the pandemic.
The linked article is from the official WeChat account: Legal Daily.
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These typical cases were selected from a batch of cases recently concluded by the procuratorial organs, and they fully take into account the compliance characteristics of enterprises of different sizes—large, medium, small, and micro. They include both specialized compliance programs designed for large and medium-sized enterprises and simplified compliance procedures tailored to small and micro-enterprises, making these typical cases more representative.
The linked article is from the official WeChat account: Supreme People’s Procuratorate.
Practical Information
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If a party is dissatisfied with an arbitration award, there are generally only two avenues for relief: 1. Applying to the court during the enforcement phase to refuse to enforce the arbitration award; 2. Applying to the people’s court to set aside the arbitration award. Therefore, where the non-enforcement of an arbitral award and the application for its setting aside are respectively provided for, and what the differences between the two are, are matters of particular concern to us.
The linked article is from the WeChat official account: Xinze.
Article Author: Attorney Han Jinchao
The company’s bank account has been frozen by the court—what should the company do?
The company’s bank accounts include a basic deposit account, a general deposit account, a dedicated deposit account, and a temporary deposit account.If the only bank account is seized and frozen by the court, the payment of employee wages and settlement of funds will be impossible, which will severely disrupt the company’s day-to-day operations and production.
The linked article is from the WeChat official account: Legal Professionals Club.
Author: Attorney Zhao Jianzheng
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