Know the world, Zhiheng Express 19 | Legal hotspots this week: the opening of the 20th National Congress of the Communist Party of China on October 16; Guangdong Province releases the list of demonstration institutions for intellectual property notarization services; Tmall Double Eleven insured new regulations
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Recent New Policies and Regulations
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10.15
The Supreme People’s Procuratorate has released data for the period from January to September 2022 on procuratorial organs nationwide.Key Case-Handling Data
On October 15, the Supreme People’s Procuratorate released the main case-handling statistics for the first three quarters of the year from procuratorial organs nationwide. A responsible official from the Case Management Office of the Supreme People’s Procuratorate stated that procuratorial organs nationwide have steadfastly upheld Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as their guiding principle, seamlessly integrating the study and implementation of Xi Jinping’s thought on the rule of law with the effective advancement of the “Year of Quality Enhancement.” They have proactively and in accordance with the law fulfilled their legal supervision functions, resulting in a sustained and positive trend in the quality and effectiveness of legal oversight.
The linked article is from the official WeChat account: Supreme People’s Procuratorate.
10.16
A Review of the Rule-of-Law Elements in the Report to the 20th National Congress
On the morning of October 16, the highly anticipated 20th National Congress of the Communist Party of China opened at the Great Hall of the People. Xi Jinping delivered a report to the congress on behalf of the 19th Central Committee. The report points out that the overall framework for advancing law-based governance across the board has been basically established, and it dedicates a specific section titled “Upholding Law-Based Governance Across the Board and Promoting the Building of a Rule-of-Law China” to outlining the plan for this endeavor. The report is permeated with rule-of-law thinking and embodies the spirit of the rule of law.
The linked article is from the WeChat official account: China Legal System Publicity.
Related extensions:A Quick Visual Overview of the Report to the 20th National Congress、“Numbers” Decipher the Report of the 20th National Congress、Focus on the Report to the 20th CPC National Congress: These Statements Have Drawn Widespread Attention
10.19
Family Court Trials in Courts Across the Country Since the 18th National Congress of the Communist Party of China Work Progress Report
The Supreme People’s Court has thoroughly implemented Xi Jinping’s thought on the rule of law and fully carried out the spirit of General Secretary Xi Jinping’s important speeches on the importance of family, family education, and family traditions. It has consistently regarded safeguarding the legitimate rights and interests of women, children, the elderly, and persons with disabilities, as well as maintaining harmony and stability in marriage and family, as key areas of work.
The linked article is from the official WeChat account: Supreme People’s Court.
On the morning of the 19th, the Press Center for the 20th National Congress of the Communist Party of China held its third press conference, engaging with journalists on the theme of “Upholding Xi Jinping’s Thought on the Rule of Law and Striving to Build a Higher‑Level Rule of Law in China.”
The linked article is from the WeChat official account: Guangdong Judicial Administration.
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Local Highlights
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On October 13, 2022, the National Development and Reform Commission conducted an in-depth review and analysis of the new progress and achievements of Shenzhen’s comprehensive reform pilot program, identifying 18 typical experiences and innovative measures. The Commission subsequently issued the “Notice of the National Development and Reform Commission on Promoting and Drawing on Typical Experiences and Innovative Measures from the First Batch of Authorized Matters in Shenzhen’s Comprehensive Reform Pilot Program.”
The linked article is from the WeChat official account: Guangdong Judicial Administration.
Over the past two years, the Foshan Municipal Bureau of Justice has earnestly implemented the important directives issued by the state and the province on developing legal services related to foreign affairs (in the Greater Bay Area), seized opportunities, and made early strategic arrangements. By focusing on policy, platforms, talent, and service provision, it has adopted a series of measures to explore a development path for the foreign‑affairs‑related (Greater Bay Area) legal services sector that is well suited to Foshan’s specific circumstances. In doing so, it has actively supported Foshan in capitalizing on the “dual‑zone drive” initiative and in shaping a new pattern of regional development.
The linked article is from the official WeChat account of the Foshan Lawyers Association.
Recently, the Department of Justice of Guangdong Province, the Guangdong Provincial Administration for Market Regulation, the Guangdong Provincial Intellectual Property Protection Center, and the Guangdong Notary Association jointly issued the “Notice on the Announcement of the First Batch of List of Demonstration Institutions for Intellectual Property Notarization Services in Guangdong Province” (hereinafter referred to as the “Notice”).
The linked article is from the WeChat official account: Guangdong Judicial Administration.
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Hot Topic Focus
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#New Price Guarantee Rules for Double 11#
This year’s Tmall Double 11 pre-sales will begin at 8 p.m. on October 24. With the annual shopping festival upon us, is your wallet still in good shape?
On October 18, Tmall upgraded its price guarantee service rules for this year’s Double 11 campaign, extending the coverage from 15 days after payment to the entire period from the date of payment or final payment until 15 days after the end of the November 11 event—specifically, from the date of payment to November 26, thereby lengthening the maximum price guarantee period from
15days to 27 days.
When consumers purchase products marked with price‑guarantee labels, they can submit a price‑guarantee claim to receive a refund of the price difference if the same product from the same seller is discounted during the price‑guarantee period.
But based on past experience, everyone has found that insurance doesn’t always provide true peace of mind! Some consumers have discovered that the price of their purchased items has dropped, and when they sought compensation from the seller, their requests were denied. The typical reason given is that store and platform coupons, limited-time promotions, and free gifts are not covered under the price‑guarantee policy. Some merchants, in order to circumvent price‑guarantee rules, delist the original product and relist it with a new purchase link, or simply change the product name.
According to the Consumer Rights and Interests Protection Law, consumers have the right to be informed of the true nature of the services they receive, and business operators shall not engage in false or misleading advertising.
However, the exclusion clauses for price protection are usually not displayed on most product purchase pages, which can easily mislead consumers. Therefore, merchants’ various attempts to exploit loopholes in price‑guarantee rules not only constitute suspected false advertising but also violate the principle of honest business practices.
As “Double 11” is about to kick off, Zhiheng Foshan would like to remind everyone: don’t shop impulsively! At the same time, if you notice a price drop by the seller, be sure to take a screenshot and communicate with the seller to resolve the issue. If you find that the seller is deliberately circumventing the price‑guarantee rules, you can promptly file a complaint with the platform and the relevant authorities.
Related links:27-day price guarantee, free return shipping, and more… This year’s Double 11 rules have changed again!
The linked article is from the WeChat official account: Knews.
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Practical Information
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Practical Compilation of Standards for Identifying Controlled Knives
This article summarizes the criteria for identifying controlled instruments, covering the standards set forth in the Public Security Administrative Penalties Law, the Criminal Law, the Firearms Management Law, as well as relevant notices and replies issued by the Ministry of Public Security.
The linked article is from the official WeChat account: Supreme People’s Court Institute of Judicial Cases.
On April 27, 2022, the Supreme People’s Court issued the “Decision on Amending the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.” With regard to the temporal effect of the amended “Interpretation on Personal Injury Compensation,” Article 24 of the judicial interpretation is somewhat vague. Recently, in the book “Understanding and Application of the Supreme People’s Court’s Interpretation on Personal Injury Compensation,” the Supreme People’s Court provided a clear explanation on this issue: if the tort occurred before May 1, 2022, even for first-instance personal injury compensation cases filed after May 1, 2022, the 2022 amended “Interpretation on Personal Injury Compensation” shall not apply.
The linked article is from the WeChat official account: Supreme Court Research.
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Zhiheng News
Zhiheng Headquarters |The inaugural meeting of the Zhiheng Intellectual Property Center was successfully held.
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Zhiheng Qianhai|Guangdong Zhiheng (Qianhai) Law Firm welcomes you.
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