Knowing the world, Hengsui reaches 15 | Legal hotspots this week: "two highs and two departments" jointly issue new bail pending trial regulations; Guangzhou Intermediate Court launches "micro-case" Mini Program
ZHIHENG
Know the World
Hengshida
15
Recent New Policies and Regulations
Click the blue text to quickly access the latest policies and regulations.
9.16
On September 16, the Nanning International Commercial Court of the China-ASEAN Free Trade Area was officially inaugurated in Nanning, under the framework of the 19th China-ASEAN Expo and the China-ASEAN Business and Investment Summit.
The linked article is from the official WeChat account: Supreme People’s Court.
9.21
In order to fully implement the criminal policy of combining leniency with strictness, as well as the criminal justice policy of minimizing arrests, cautious prosecution, and prudent detention, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of State Security, based on thorough research, have carefully sorted out and deeply analyzed the pressing issues in the practice of release on bail pending trial. After repeated deliberation, argumentation, and revision, they have revised the “Provisions on Several Issues Concerning Release on Bail Pending Trial” issued in 1999 and officially promulgated the revised version on September 21, 2022.
The linked article is from the official WeChat account: Supreme People’s Court.
9.22
The BRICS Supreme Court Justices Forum adopts the “Joint Statement.”
The BRICS Supreme Court Justices Forum has completed all its agenda items and adopted the “Joint Statement of the BRICS Supreme Court Justices Forum,” bringing the event to a successful conclusion. Chief Justice of the People's Republic of China and President of the Supreme People's Court, Zhou Qiang, attended the closing ceremony and delivered a speech.
The linked article is from the official WeChat account: Supreme People’s Court.
Local Chronology of Major Events
Click the blue text to quickly access local news.
1
Guangzhou Administrative Review: Five Common Illegal Behaviors Involving Electric Bicycles Should Be Avoided
Recently, the Administrative Review Office of the Guangzhou Municipal People’s Government (hereinafter referred to as the “Municipal Government Review Office”) has observed, in the course of handling administrative review cases, that administrative disputes arising from traffic violations involving electric bicycles are on the rise. Taking July and August of this year as an example, there were 45 administrative reconsideration cases involving electric bicycles, a year-on-year increase of approximately 137% compared to the 19 cases in the previous two months, accounting for 43% of all new public security traffic-related administrative reconsideration cases received by the municipal government’s reconsideration office during the same period.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
2
Over 80% of administrative disputes in Guangzhou are resolved through the reconsideration process.
In recent years, Guangzhou has taken the lead nationwide in advancing the standardization of administrative reconsideration, being the first to introduce the “Guangzhou Municipal Measures on Administrative Reconsideration Notification (Trial),” and the first to launch the “Ten Measures to Facilitate and Serve the People in Administrative Reconsideration,” among other initiatives, thereby achieving a series of significant accomplishments in this field.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
3
Collect your payment online! Guangzhou launches the “Wei’an Kuai” mini-program.
Recently, the Guangzhou Intermediate People’s Court launched the “Guangzhou Courts Micro-Case Funds” mini-program, providing an integrated, intelligent online service for applicants in criminal and civil cases involving multiple parties to claim execution funds. The applicant for enforcement only needs to complete online facial recognition and submit the required documents; once the court approves the application, the funds from the enforcement case will be disbursed, eliminating the need for the applicant to make repeated trips to the court.
The linked article is from the official WeChat account: Guangdong Provincial Higher People’s Court.
Hot Topic FocusClick the link to follow the latest trends.
#Dongfeng Motor’s Zhao Weixian Incident#
Recently, the case of Zhao Weixian, a director at Beijing Telecom 20, harassing multiple female students has drawn widespread attention online. Several victims who were harassed and had their privacy violated have jointly spoken out, sparking heated discussions across the internet.
According to the netizen, Zhao Weixian used the pretext of helping with a film-directing‑department assignment to contact over 20 female classmates, taking each of them to a house off campus and asking them to wear revealing attire such as swimsuits and very short shorts for the shoot.
As the impact of the incident continues to grow, more than 20 female students have come forward to accuse Zhao Weixian of harassment. To this day, it remains unclear where the recorded footage has gone. Moreover, after the filming sessions ended, Zhao Weixian would often make sexually suggestive remarks to them, deliberately or unintentionally press his body against theirs, and subject them to harassment, leaving many of these young women with deep psychological trauma.
By September 19, a post by internet celebrity Shi Ziyi further shocked and enraged the public. In her article, she not only accused Zhao Weixian of having harassed her but also publicly reported that Du Yingzhe, the founder of the art‑exam preparation institution where Zhao works, had repeatedly coerced multiple underage girls into sexual relations, even driving one underage female student to drop out of school after becoming pregnant and giving birth.
On September 21, “Peaceful Beijing” announced that Zhao Weixian has been placed under criminal detention, while the investigation into the criminal clues involving Du Yingzhe is still ongoing. Northern Telecom also issued an announcement stating that the school will, in accordance with relevant administrative regulations and following due process, handle the matter seriously in compliance with laws and regulations.
Related links: Downloading private photos of multiple female students? Beijing Film Academy has established a special task force to investigate the Zhao Weixian incident.、Police report that student Zhao Moumou has been placed under criminal detention; Beijing Film Academy issues its latest response →、Zhao Weixian of Beijing Telecom’s art exam tutor, in 2015, seduced multiple underage female students, leading some to drop out and bear children.
The linked article is from the WeChat official accounts: Fazhi Net, Legal Daily, and Shi Ziyi.
#Fu Zhenhua Sentenced in First Instance#
On September 22, 2022, the Intermediate People’s Court of Changchun City, Jilin Province, publicly pronounced the verdict in the case of Fu Zhenghua, former Deputy Director of the Social and Legal Affairs Committee of the National Committee of the Chinese People’s Political Consultative Conference, who was charged with bribery and bending the law for personal gain. Defendant Fu Zhenghua was sentenced to death with a two-year reprieve for the crime of bribery, with deprivation of political rights for life and confiscation of all personal property. Upon the expiration of the two-year reprieve, his sentence will be commuted to life imprisonment, from which he shall not be eligible for reduction of sentence or parole. For the crime of bending the law for personal gain, he was sentenced to fourteen years’ imprisonment. The court decided to impose the combined sentence of death with a two-year reprieve, with deprivation of political rights for life and confiscation of all personal property; upon the expiration of the two-year reprieve, his sentence will be commuted to life imprisonment, from which he shall not be eligible for reduction of sentence or parole. The proceeds from Fu Zhenghua’s bribery offense, together with anyinterest (accrued interest or profits), shall be recovered in accordance with the law and turned over to the state treasury.
Related links:The Supreme People’s Procuratorate has, in accordance with the law, decided to arrest Fu Zhenhua.、Fu Zhenhua has been formally prosecuted!、The first-instance trial has commenced in the case against Fu Zhenghua, former vice chairman of the National Committee of the Chinese People’s Political Consultative Conference’s Committee on Social and Legal Affairs, on charges of bribery and bending the law for personal gain.、Fu Zhenhua, former vice chairman of the National Committee of the Chinese People’s Political Consultative Conference’s Committee on Social and Legal Affairs, was sentenced in the first instance in the case of bribery and bending the law for personal gain.
The linked article is from the official WeChat account: Legal Daily.
Typical Case
Click the blue text to quickly access typical cases.
On September 21, the Supreme People’s Procuratorate released typical cases of procuratorial supervision in private lending disputes. These cases highlight the proactive and lawful performance of duties by the procuratorial organs and precise civil supervision, addressing common issues in handling such cases, including evidence review, loan interest, the intersection of civil and criminal matters, apparent agency, and investigation and verification. They provide clear guidance for procuratorial organs at all levels to accurately handle related cases and safeguard the legitimate rights and interests of the parties involved.
The linked article is from the official WeChat account: Supreme People’s Procuratorate.
On September 22, the Supreme People’s Court held a press conference in its all-media news release hall to brief the media on the people’s courts’ efforts to punish financial crimes in accordance with the law and to present typical cases.
The linked article is from the official WeChat account: Supreme People’s Court.
On September 21, the Guangdong Provincial Higher People’s Court released the third batch of typical cases involving the crackdown on and rectification of pension fraud. The cases primarily focus on the strict and lawful prosecution of illegal and criminal activities that endanger the life and property safety of elderly individuals through such means as fabricating financial investment schemes, falsely claiming to invest in art objects, impersonating health experts, exploiting personal relationships, and coercing transactions.
The linked article is from the official WeChat account: Guangdong Provincial Higher People’s Court.
On September 22, the Guangdong Provincial Higher People’s Court released seven typical cases of criminal offenses involving telecommunications and online fraud that were prosecuted in accordance with the law. These cases include the strict legal crackdown on fraudulent activities carried out under the guise of “public welfare,” investment and wealth management, and micro-merchant marketing, as well as those perpetrated through online social media platforms.
The linked article is from the official WeChat account: Guangdong Provincial Higher People’s Court.
Practical Information
Click the blue text to quickly access practical insights.
Guidance on Evidence Collection and Assistance in Enforcement for Civil Cases Involving Douyin
The article was provided by the Douyin Evidence-Verification Center onAnnounced on September 10, 2022
The linked article is from the WeChat official account: Green Law.
With regard to whether people’s courts should add guarantors as parties to litigation in disputes over private lending, Article 4 of the “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases,” as amended for the second time in 2020, sets forth in two paragraphs the procedural status of guarantors bearing different types of liability.
The linked article is from the official WeChat account: Supreme People’s Court Institute of Judicial Cases.
This article was compiled from the internet; please contact us for removal if there are any copyright infringements.