This week's legal hotspots: two high schools and two departments jointly issued the "Opinions on Further Deepening the Pilot Work of Full Coverage of Lawyer Defense in Criminal Cases", and Foshan welcomed the first Greater Bay Area lawyer
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10.22
Constitution of the Communist Party of China
Amendments to the Constitution of the Communist Party of China, adopted at the 20th National Congress of the Communist Party of China on October 22, 2022.
Related extensions: The Story Behind the Adoption of the Constitution of the Communist Party of China (Amended Version)
The linked article is from the WeChat official account: China Legal System Publicity.
10.25
E-cigarettes will be subject to a consumption tax!
On October 25, the Ministry of Finance’s website indicated that,The Ministry of Finance, the General Administration of Customs, and the State Taxation Administration recently issued an announcement on the imposition of consumption tax on e-cigarettes.
The linked article is from the official WeChat account: Legal Daily.
Six departments issue a document: Facilitating the travel of international business personnel.
On October 25, the National Development and Reform Commission and five other departments jointly issued a significant policy document to stabilize foreign investment: “Several Policy Measures for Expanding the Increment, Stabilizing the Stock, and Improving the Quality of Foreign Investment with a Focus on Manufacturing.” It was mentioned that, to facilitate the travel of international business personnel, all localities should make full and effective use of the “fast-track” mechanism for cross-border travel between China and other countries. Based on local conditions, they should further clarify the criteria and procedures to provide greater convenience for foreign nationals traveling to China.
The linked article is from the WeChat official account: Fazhi Net.
10.27
Recently, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the “Opinions on Further Deepening the Pilot Program for Full Coverage of Lawyer Defense in Criminal Cases.” The “Opinions” fully implement Xi Jinping’s thought on the rule of law and uphold the people-centered development philosophy. They represent another significant measure for deepening the comprehensive and coordinated reform of the judicial system, promoting social fairness and justice, and strengthening judicial safeguards for human rights.
The linked article is from the official WeChat account: Supreme People’s Court.
11.1
The State Council recently issued the Regulations on Promoting the Development of Self-Employed Individuals, which will take effect on November 1, 2022. Self-employed individuals represent a large and distinctive category of market entities in China; they serve as the “capillaries” of the country’s industrial and supply chains and the “nerve endings” of the market, providing direct services to the general public.
The Regulations focus on the most pressing challenges currently faced by individual business households, introducing targeted institutional arrangements to promote their healthy development.
The linked article is from the WeChat official account: Shi Shuo Xin Yu.
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Foshan welcomes its first lawyer from the Guangdong–Hong Kong–Macao Greater Bay Area!
Recently, Hong Kong lawyer Leung Suk-chong successfully obtained the Guangdong–Hong Kong–Macao Greater Bay Area lawyer practice qualification, becoming the first lawyer from the Greater Bay Area to practice in Foshan. On October 20, the Foshan Municipal Justice Bureau and the Foshan Lawyers Association issued a practicing certificate to the first lawyer authorized to practice in the Guangdong–Hong Kong–Macao Greater Bay Area and held a symposium. They extended congratulations and a warm welcome to Liang Shuzhuang upon her formal admission to Guangdong Nantianming Law Firm, and discussed ways to support and facilitate the smooth conduct of legal practice by lawyers from the Greater Bay Area in Foshan.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
Ten Questions and Answers on the “Statistical Regulations of Guangdong Province”
On September 29, 2022, the 46th Session of the Standing Committee of the 13th Guangdong Provincial People’s Congress reviewed and adopted the “Regulations of Guangdong Province on Statistics,” which came into effect on November 1, 2022, and simultaneously repealed the original “Administrative Regulations of Guangdong Province on Statistics.”
The linked article is from the WeChat official account: Guangdong Judicial Administration.
In order to strictly enforce education fee policies, standardize fee collection practices, and resolutely address unauthorized or excessive education fees, the Office of the Inter-agency Joint Conference on Rectifying Unauthorized Education Fees in Foshan City recently issued the “Foshan City Negative List for Education Fees.”
The linked article is from the WeChat official account: Nanhai Guicheng.
Retired aunts team up to remake "Empresses in the Palace"
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Although it has been 11 years since “Empresses in the Palace” first aired, the series still firmly holds a prime-time slot in the hearts of many viewers, with certain plotlines and lines of dialogue frequently revisited, discussed, and even imitated by “Empresses scholars.”
Recently, a group of 16 retired ladies from Shanghai traveled to the Hengdian World Studios to begin filming a short film based on “Empresses in the Palace.” One of the aunts even went so far as to “trick” her own husband into coming to Hengdian to play the role of the Emperor.
On September 28, the micro-film version of “Empresses in the Palace” was released on a certain video platform, garnering over one million views. “Pianfang” also released behind-the-scenes footage from this shoot.
A reporter contacted Mr. Peng, the event’s organizer, and learned that this idea came about after he observed his mother’s retirement life and brainstormed with a friend in the tourism industry. The two even co-founded a company to launch a unique product: organizing trips to Hengdian for retired seniors, bringing in professional filming crews and directors to re-create their favorite TV dramas and movies.
And for this three-day, two-night “Empress’s Journey,” each auntie contributed less than 4,000 yuan toward all the expenses.
However, while we may feel envious of the fulfilling retirement lives enjoyed by these aunts, we should also recognize that such remakes actually constitute copyright infringement.
On October 27, the production company of “Empresses in the Palace” stated that it has already coordinated with its legal department to prepare the necessary materials to request video platforms to remove the relevant clips. However, acknowledging that the elderly women were simply motivated by their love for the series, the company has decided not to pursue legal action against the organizers or the participants at this time.
With the rise of self-media and the lowering of barriers to film and television production, secondary creations based on original works have proliferated in recent years; however, their applications are mostly limited to internal corporate events, student assignments, or private wedding celebrations. As mentioned above, this type of “tourism product” clearly falls outside the scope of the “non‑commercial purpose” provision in Article
24of the Copyright Law.
However, judging from the behind-the-scenes footage and the final results of this shoot, the aunts thoroughly enjoyed this “filming trip,” and many netizens have expressed their support for promoting similar remake‑style tourism projects. Certainly, it is understandable that the film studio seeks to protect its copyrights. However, whether a tourism initiative that enriches retirees’ lives and is undertaken without any intent to infringe on copyright can truly be deemed “unprofitable” is a question that deserves careful consideration and discussion among industry professionals.
Related links:A crew of 16 retired aunts remakes “Empresses in the Palace,” going viral across the internet.、A crew of 16 aunts is remaking “Empresses in the Palace”! NetizensHotly debated, the production team speaks out.
The linked article is from the WeChat official accounts: The Paper and Jimu News.
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By agreement or by law, monetary obligations are often subject to interest. An obligation for interest is an accessory obligation, the creation and amount of which depend on the principal obligation to pay money. In practice, the existence and amount of interest have consistently been one of the unavoidable focal points of contention. This article systematically reviews the relevant issues concerning interest in private lending for reference.
The linked article is from the official WeChat account: Supreme People’s Court Institute of Judicial Cases.
In daily life, it’s inevitable to encounter situations where you need to borrow or repay money. Once a dispute arises, a promissory note often becomes the key to resolving it. However, not everyone can avoid the pitfalls caused by improperly drafted promissory notes. Today, let’s learn about 12 common traps in promissory notes!
The linked article is from the WeChat official account: Supreme Practical Cases.
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Zhiheng Headquarters |The first general meeting of the International Department of the Zhiheng Intellectual Property Center was held and concluded successfully.
Zhiheng Longgang|Sharing of Case-handling Experience in Housing Demolition Compensation Cases
Zhiheng Guangzhou| Zhiheng Professional Exchange and Sharing Session, Episode 4: “Sharing on Difficult and Complex Civil, Commercial, and Intellectual Property Cases”
Zhiheng Jinan| Zhiheng Jinan Law Firm has officially been approved for establishment!