Knowing the world, Zhiheng Express 13 | Legal hotspots this week: Anti-telecom fraud law, agricultural product quality and safety law passed; list of Guangdong intellectual property notarization institutions announced; latest follow-up to sky-high funeral expenses incident
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Recent New Policies and Regulations
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9.01
Breaking news! New regulations for online drug sales have arrived!
Recently, the State Administration for Market Regulation issued the “Measures for the Supervision and Administration of Online Sales of Drugs” (Order No. 58 of the State Administration for Market Regulation), which will take effect on December 1, 2022.
The linked article is from the WeChat official account: Shi Shuo Xin Yu.
9.02
The Anti-Telecommunications and Online Fraud Law Has Been Adopted (Full Text Attached)
Presidential Order No. 119 of the People's Republic of China: The Anti-Telecommunications and Internet Fraud Law of the People's Republic of China was adopted at the 36th meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022, and is hereby promulgated, coming into force on December 1, 2022.
The linked article is from the official WeChat account: Supreme People’s Court.
Related extensions:The Supreme People’s Court Releases Information on the People’s Courts’ Law-Based Efforts to Punish Telecom and Internet Fraud Crimes, Along with Typical Cases.、A responsible official from the relevant department of the Supreme People’s Court answered questions from reporters regarding the people’s courts’ efforts to punish telecom and online fraud crimes in accordance with the law, as well as on typical cases.、Iron Fist Strikes! People’s courts punish telecom and online fraud crimes in accordance with the law.
Law of the People's Republic of China on the Safety of Agricultural Products
Presidential Order No. 120 of the People's Republic of China: The Law of the People's Republic of China on the Safety of Agricultural Products has been revised and adopted at the 36th meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022. It is hereby promulgated and shall come into force on January 1, 2023.
The linked article is from the official WeChat account: Supreme People’s Court.
9.05
The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the National Cultural Heritage Administration have jointly formulated the “Opinions on Several Issues Concerning the Handling of Criminal Cases Involving Obstruction of Cultural Relics Management,” which was issued as Document No. 18 [2022] of the General Office of the Ministry of Public Security on September 5, 2022.
The linked article is from the official WeChat account: Supreme People’s Court.
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Local Highlights
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In accordance with the “Notice of the Guangdong Provincial Department of Justice, the Guangdong Provincial Administration for Market Regulation, the Guangdong Provincial Intellectual Property Protection Center, and the Guangdong Notary Association on the Selection of Demonstration Institutions for Intellectual Property Notarization Services in Guangdong Province,” after procedures including local city-level screening and submission, expert review, and centralized deliberation, the four entities—the Guangdong Provincial Department of Justice, the Guangdong Provincial Administration for Market Regulation, the Guangdong Provincial Intellectual Property Protection Center, and the Guangdong Notary Association—have agreed to designate 12 notary offices as the first batch of demonstration institutions for intellectual property notarization services in Guangdong Province.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
Guangzhou revises the regulations on procedures for major administrative decision-making.
The “Regulations of Guangzhou Municipality on the Procedures for Major Administrative Decision-Making” were deliberated and adopted at the 9th Executive Meeting of the 16th Session of the Guangzhou Municipal People’s Government on May 16, 2022, and came into force on October 1, 2022.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
On September 5, China’s first specialized legislation for the artificial intelligence industry—the “Regulations of the Shenzhen Special Economic Zone on Promoting the Artificial Intelligence Industry” (hereinafter referred to as the “Regulations”)—was officially promulgated and came into effect on November 1, 2022. The Regulations are problem-oriented, identifying the key challenges and pain points in Shenzhen’s artificial intelligence industry development, and seek to promote and regulate the industry through institutional design. At the same time, it holds significantDemonstration significance for the entire country.
The linked article is from the official WeChat account: Legal Daily.
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Hot Topic Focus
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#Internet-related organized crime#
In accordance with the deployment requirements of the National Leading Group for the Campaign Against Organized Crime and Evil Forces and the 2022 work plan for the sustained campaign, the Ministry of Public Security recently, together with the Publicity Department of the CPC Central Committee, the Cyberspace Administration of China, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Industry and Information Technology, the Ministry of Justice, the People’s Bank of China, and the China Banking and Insurance Regulatory Commission, jointly issued a notice to launch a year-and-a-half-long special campaign nationwide aimed at cracking down on and punishing cyber-related organized crime and evil activities, thereby fully advancing the sustained and in-depth implementation of the regularized campaign against organized crime and evil forces in the information network space.
The linked article is from the official WeChat account: Legal Daily.
#Exorbitant Funeral Costs#
In the first half of this year, a Grade-III hospital in Beijing drew widespread public attention after charging exorbitant funeral fees. According to media reports, a citizen named Mr. Deng temporarily stored his spouse’s remains in the mortuary of Peking University Third Hospital prior to cremation, incurring total expenses of over 38,000 yuan over a period of just over two days. Ms. Zheng, a local resident, encountered a similar situation: after her mother-in-law passed away at Peking University Third Hospital, the body was also taken to the mortuary for storage. Three days later, when she went to settle the bill, she was told that she had to pay nearly 20,0
00yuan in funeral service fees.
On April 18, the Beijing Municipal Health Commission issued guidelines to strengthen the management of hospital mortuaries, including strict regulation of mortuary services, prohibiting any for-profit funeral services within hospital mortuary areas; ensuring that hospitals fulfill their supervisory responsibilities over cooperating funeral service providers; and properly organizing mortuary services, coordinating with funeral homes to ensure seamless funeral service delivery, and providing compliant funeral services.
On September 5, the incident finally saw new developments. A reporter from the Beijing Youth Daily learned from the official website of the Beijing Municipal Market Supervision Administration that Beijing Tiantang Xianghe Funeral Service Co., Ltd., which had provided funeral services to mortuaries at Peking University Third Hospital, Beijing Electric Power Hospital, and other hospitals, was ordered to forfeit illegal gains totaling RMB 1.09603 million and pay a fine of RMB 5.652
95million for pricing violations.
Related link:Did a Grade-III hospital charge “sky-high” funeral fees? The company involved will be placed under investigation!、Punish more severely! Beijing’s three departments have issued a statement on the “exorbitant funeral fee” incident.、Latest update! The company involved in the “sky-high funeral fees” case has been fined and had its illegal gains confiscated, totaling over 6.7 million yuan.
The linked article is from the WeChat official account: Legal Daily.
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Typical Case
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On September 6, the Supreme People’s Procuratorate released the seventh batch of typical cases in the “Prosecutorial Actions for the People—Administrative Prosecution Walking Alongside the People” series, aiming to guide administrative prosecution departments across the country to handle administrative disputes involving veterans in accordance with the law and effectively safeguard the legitimate rights and interests of veterans.
The linked article is from the official WeChat account: Supreme People’s Procuratorate.
The Ministry of Justice has released model cases for legal aid work.
To fully leverage the functions of the judicial administration and to guide and standardize legal aid work, thereby better providing public legal services to the general public, on September 5, 2022, the Ministry of Justice released five guiding cases on legal aid. These cases are intended to demonstrate to society the positive outcomes of legal aid in comprehensively advancing the rule of law, safeguarding people’s livelihoods, and protecting the legitimate rights and interests of the people, while also offering replicable and scalable best practices to guide and promote the development of legal aid nationwide.
The linked article is from the official WeChat account: Ministry of Justice.
In recent years, issues such as excessive product packaging and “exorbitantly priced” mooncakes have led to resource waste, environmental pollution, and harm to the interests of the general public. Market regulatory authorities have attached great importance to these problems, proactively fulfilled their duties, and taken lawful measures to address them.
The first batch of typical cases from the concentrated rectification campaign is hereby announced.
The linked article is from the WeChat official account: Shi Shuo Xin Yu.
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Zhiheng (Foshan) wishes everyone a happy Mid-Autumn Festival!
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