Know the world, Zhiheng Express | Legal hotspots this week: the Supreme Court issued the "Regulations" to ensure personal safety, and the Guangzhou Intermediate Court issued the "Implementation Opinions" to help small and medium-sized enterprises treat and withdraw
2022 -07-22
Know the World
Zhiheng Express
06
Recent New Policies and Regulations
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7.5
The State Council has formulated the “State Council’s 2022 Legislative Work Plan.” With the approval of the CPC Central Committee and the State Council, this plan is hereby circulated to the people’s governments of all provinces, autonomous regions, and municipalities directly under the central government, as well as to all ministries and commissions of the State Council and its directly affiliated institutions, with instructions to ensure its thorough implementation.
The linked article is from the official WeChat account: China Government Net.
7.15
To thoroughly implement the spirit of General Secretary Xi Jinping’s important statements on strengthening family, family education, and family traditions, and to uphold the provisions of the Civil Code regarding “cultivating fine family traditions, promoting family virtues, and attaching great importance to the building of family civility” as well as “prohibiting domestic violence,” on July 15, the Supreme People’s Court issued the “Provisions on Several Issues Concerning the Application of Law in Handling Cases Involving Personal Safety Protection Orders.”
Related extensions:A relevant official from the No. 1 Civil Division of the Supreme People’s Court answered questions from reporters regarding the “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in Handling Cases Involving Personal Safety Protection Orders.”、Five Questions About Personal Safety Protection Orders
All linked articles are from the official WeChat account: Supreme People’s Court.
To implement the requirements of the "Plan for Deepening the Reform of the Government Procurement System" and improve the legal framework for government procurement, the Ministry of Finance has drafted the "Draft for Soliciting Public Comments on the Revision of the Government Procurement Law of the People's Republic of China" and made it public for comments.
The linked article is from the official WeChat account of the Ministry of Finance.
7.16
The Leading Group of Six Departments for Jointly Cracking Down on the Issuance of False Invoices and Tax Fraud convened the second working exchange and progress meeting on the joint effort to combat the fraudulent acquisition of additional tax credit refunds. The meeting further conveyed and implemented the directives and requirements of the CPC Central Committee and the State Council, shared experiences and best practices from the initial phase of the crackdown, and outlined the next steps, ensuring that the “bonus” of additional tax credit refunds does not fall into the pockets of lawbreakers.
The linked article is from the WeChat official account: Procuratorate Daily – Justice Net.
7.20
The Supreme People’s Procuratorate today released the main case-handling statistics of procuratorial organs nationwide for the period from January to June 2022. Data reveal that procuratorial organs nationwide have earnestly implemented the requirements of the “Year of Quality Enhancement,” resulting in a comprehensive improvement in the quality and effectiveness of legal supervision.
All linked articles are from the official WeChat account: Supreme People’s Procuratorate.
PART 02
Local
Chronology of Major Events
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Recently, the 2022 provincial government’s newly drafted regulation, “Measures of Guangdong Province on Non‑On‑Site Enforcement (Draft for Comments),” was published on the website of the Provincial Department of Justice to solicit public opinions until August 7 this year. The draft specifies that when using civil unmanned aerial vehicles for mobile surveillance enforcement, the deployment locations of mobile devices and their patrol routes shall be relatively fixed and publicly announced to minimize disruption to the daily lives of residents in residential areas.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
The first case of a Macao lawyer practicing in mainland China has been established.
On July 19, at the remote courtroom of the Nansha District People’s Court of Guangzhou (also serving as the Nansha Area People’s Court of the Guangdong Free Trade Zone), Macao lawyer Kwong Yuk-kau from the Jin Qiao Sze-too Kwong (Nansha) Associated Law Firm successfully completed an online remote authorization notarization for the first civil lending dispute case he has handled as a mainland‑practicing attorney. This case is the first on the mainland to be represented by a Macao lawyer after Hong Kong and Macao lawyers were authorized to practice in the nine mainland cities of the Greater Bay Area.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
On July 16, in response to the practical needs of legal and business exchanges and cooperation between Shenzhen and Hong Kong, the “Hong Kong–Shenzhen Forum: Jointly Shaping a New Future for the Greater Bay Area” was held simultaneously in both Hong Kong and Shenzhen, adopting a hybrid online–offline format. This marked the first high-level forum in the field of the rule of law co-hosted by Shenzhen and Hong Kong since the latter’s return to the motherland
25years ago.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
Recently, the Guangzhou Intermediate People’s Court issued the “Implementation Opinions on Leveraging the Role of Bankruptcy Adjudication to Assist in the Rescue and Exit of Small and Medium-sized Micro Enterprises and to Optimize the Business Environment.”
The linked article is from the official WeChat account: Guangdong Provincial Higher People’s Court.
Recently, the People’s Government of Nanhai District issued the “Regulations on the Management of Rural Residential Land in Nanhai District, Foshan City,” further standardizing the management of rural residential land and housing construction in Nanhai District and establishing a sound, long-term management mechanism to enhance administrative order.
The linked article is from the official WeChat account: Nanhai Release.
Hot Topic Focus
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A lawyer with a yellow health code was denied entry to the court and the case was subsequently withdrawn.
On the afternoon of July 12, a lawyer from Guangzhou was assigned a yellow health code due to epidemic prevention and control measures, which prevented her from entering the Guangming District People’s Court in Shenzhen. After multiple attempts to communicate with the court and submitting a request for an online hearing, her application was denied. As a result, despite having already arrived at the courthouse, she was unable to enter, and the case she was handling was subsequently treated as withdrawn.
On the afternoon of July 17, the Guangming District People’s Court of Shenzhen responded to the matter via its official Weibo account, issuing an apology to the lawyer in question and taking corrective action against the relevant personnel, including suspending them from their duties.
Corresponding extension:The Guangming District People’s Court of Shenzhen Apologizes、Lawyer with a yellow health code unable to appear in court; lawsuit withdrawn, court responds.
The linked article is from the WeChat official accounts: Global Times and Southern Metropolis Daily.
Crack down on the “black industry chain” of illegal filming.
In recent years, the use of cameras has become increasingly widespread, and many people have installed cameras in their homes. Originally intended to create a safer living environment, this market has unfortunately been targeted by criminals. They use hacking techniques to crack and take control of home security cameras,Modification these cameras into hidden recording devices, and sell software that scans for and hacks into such cameras.
In this “black industry chain” of surreptitious filming, cameras are secretly installed in hotel rooms, rental apartments, and other venues, and the stolen private footage is then sold for profit; additionally, individuals use mobile phones or modified devices to conduct covert filming in restrooms, subway cars, buses, and other public spaces. The methods are highly diverse, with modification and customization techniques constantly evolving; the hidden-camera industry has also become increasingly specialized, even to the point of clear division of labor.
The state has never relaxed its efforts to crack down on this illicit industry; however, a journalist’s investigation revealed that the right to use hidden-camera equipment is still being sold online. Some merchants even told reporters that they aren’t afraid of being reported at all, since they always register using secondary accounts; even if their stores are taken down or shut down after a report, they can just open another online shop with a different account.
Related extensions: Investigation into the “Black Market for Secret Recordings”: Various types of secretly filmed videos are being sold online, categorized by type.、Public security cybercrime departments are cracking down hard on illegal and criminal activities involving eavesdropping, unauthorized photography, and surreptitious filming.
The linked article is from the official WeChat accounts: Legal Daily and People’s Public Security News.
Didi fined 8 billion.
On July 21, the Cyberspace Administration of China, in accordance with the Cybersecurity Law, the Data Security Law, the Personal Information Protection Law, the Administrative Penalty Law, and other relevant laws and regulations, imposed a fine of RMB 8.026 billion on Didi Global Inc., and levied fines of RMB 1 million each on Cheng Wei, Chairman and CEO of Didi Global Inc., and on Will Wei Liu, President of the company.
Related extensions:Didi fined 8.026 billion yuan!
The linked article is from the official WeChat account: Legal Daily.
Classic Case type
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Focusing on the difficulties and bottlenecks in the lawful and proactive exercise of procuratorial power, the Supreme People’s Procuratorate has released typical cases showcasing reforms to the mechanism for exercising law enforcement and judicial powers.
The linked article is from the official WeChat account: Supreme People’s Procuratorate.
The Supreme People’s Procuratorate has released the 38th batch of guiding cases.
On July 15, the Supreme People’s Procuratorate released the thirty-eighth batch of guiding cases, focusing on the supervision of finalized civil judgments, and provided an update on related work.
The linked article is from the official WeChat account: Supreme People’s Procuratorate.
The Supreme People’s Procuratorate has released the fourth batch of 12 typical cases showcasing how procuratorial organs serve and safeguard the development of the Yangtze River Economic Belt.
The linked article is from the official WeChat account: Supreme People’s Procuratorate.
Guangzhou Intermediate People’s Court | Ten Typical Cases in Bankruptcy Adjudication
The Guangzhou Intermediate People’s Court has released the Top Ten Typical Cases in Bankruptcy Adjudication.
The linked article is from the WeChat official account: China Bankruptcy Law Forum.
Practical Information
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Court defense: the judge recommends these three steps.
Court pleadings are a mandatory course for lawyers and also constitute a crucial component of civil litigation. Today, Dr. Xiao Feng presents an experience-sharing session by Judge Wang Jianping of the Shanghai No. 1 Intermediate People’s Court. Drawing on his many years of judicial experience, Judge Wang breaks down courtroom rebuttals into three steps and explains them in detail—packed with practical insights for all to learn from!
The linked article is from the WeChat official account: Shanghai No. 1 Intermediate People’s Court.
Article Author: Judge Wang Jianping
During the court debate, the judge said this approach is more concise and efficient!
Court Debate refers to the process in which, under the presiding judge’s guidance, both parties to a lawsuit fully articulate the legal basis for their respective claims and engage in argumentation and rebuttal against the opposing party’s claims and grounds—thus constituting a full manifestation of the parties’ right to present their case. The courtroom debate is not a free-for-all in which each party can speak its mind; rather, it is fraught with strategic subtleties.
The linked article is from the WeChat official account: Shanghai No. 1 Intermediate People’s Court.
Article author: Judge Zhou Feng
Recently, Bilibili launched a special initiative to combat online harassment, introducing multiple features—including one-click evidence collection—to curb the occurrence of cyberbullying. The platform also initiated a call to action, with 10 UP owners, including @XiaoyaoSanRen and @DaXiangGeLai, voluntarily signing the Anti-Cyberbullying Pledge to jointly oppose online violence.
The linked article is from the WeChat official account: TechWeb
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