24 | Legal hotspots this week: a number of new policies will be implemented in December; Guangdong plans to legislate to regulate domestic service activities; Zhiheng interpretation: the crisis of trust behind the topic of "Zhang Shanshan"
Heng Sudada
The Central Committee of the Communist Party of China, the Standing Committee of the National People's Congress of the People's Republic of China, the State Council of the People's Republic of China, the National Committee of the Chinese People's Political Consultative Conference, and the Central Military Commission of the Communist Party of China and the People's Republic of China, with deepest sorrow, hereby announce to the entire Party, the entire military, and all ethnic groups across the country: Our beloved Comrade Jiang Zemin passed away in Shanghai at 12:13 on November 30, 2022, at the age of 96, after failing to respond to treatment for leukemia complicated by multiple organ failure.Notice of the Funeral Committee for Comrade Jiang Zemin (No. 2)、The remains of Comrade Jiang Zemin were transported by a special aircraft to Beijing; Xi Jinping and other Party and state leaders went to the airport to greet the cortege.(Source: People’s Daily)
25
Recent New Policies and Regulations
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01
11.25
The individual pension scheme has been launched and implemented in 36 regions.
On November 25, the Ministry of Human Resources and Social Security, together with the Ministry of Finance and the State Taxation Administration, issued the “Notice from the General Offices of the Ministry of Human Resources and Social Security, the Ministry of Finance, and the State Taxation Administration on the Announcement of Pilot Cities (Regions) for Individual Pension Schemes” (hereinafter referred to as the “Notice”), which published a list of 36 pilot cities (regions), marking the official launch of the individual pension system in these areas.
The linked article is from the WeChat official account: Legal Daily.
01
11.29
To thoroughly implement Xi Jinping’s thought on the rule of law, carry out the strategic plan for comprehensively advancing law-based governance of the country, and further strengthen case management at central enterprises to effectively safeguard state-owned assets, the State-owned Assets Supervision and Administration Commission of the State Council has drafted the “Measures for the Management of Legal Dispute Cases in Central Enterprises (Draft for Public Comment)” and is now soliciting public comments. We welcome comments and suggestions from relevant organizations and individuals, which should be submitted by December 28, 2022.
The linked article is from the WeChat official account: Legal Media Think Tank.
01
12.01
The Anti-Telecommunications and Online Fraud Law Has Been Adopted (Full Text Attached)
Effective December 1, the Anti-Telecommunications and Online Fraud Law will provide stronger legal safeguards for further preventing, curbing, and punishing telecommunications and online fraud, strengthening countermeasures against such fraud, protecting citizens’ legitimate rights and interests, and maintaining social stability and national security.
The linked article is from the official WeChat account: Supreme People’s Court.
When people buy medicine online, what can they purchase and what cannot? How are prescription drugs sold online? Are all online pharmacies legitimate and trustworthy? Is the safety oversight of pharmaceuticals stringent? The “Measures for the Supervision and Administration of Online Sales of Pharmaceuticals,” which will come into effect on December 1, provides answers to these questions.
The linked article is from the official WeChat account: Legal Daily.
“Notice on the Filing Procedures for Trademark Agency Institutions”
Recently, the State Administration for Market Regulation issued the “Regulations on the Supervision and Administration of Trademark Agency Services.” Effective December 1, 2022. The State Administration for Market Regulation and the National Intellectual Property Administration will take the promulgation and implementation of the Regulations as an opportunity to continuously strengthen governance and oversight of the trademark agency sector, guide trademark agencies to operate in compliance with laws and regulations, promote the high-quality development of the trademark agency industry, and uphold a standardized, transparent, fair, just, and clean order in trademark registration management.
The linked article is from the WeChat official account: ZhiChanKu.
Local Chronology of Major Events
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1
Shunde Court Releases Typical Cases of Cracking Down on Bankruptcy-Related Debt Evasion
In recent years, in order to implement the new development philosophy, support supply-side structural reform, and foster a law-based business environment, the Shunde People’s Court has established and improved its bankruptcy adjudication mechanism, vigorously promoted the professionalization, standardization, and digitalization of bankruptcy trials, and continuously optimized the overall framework for handling bankruptcy cases. The Shunde Court consistently applies the rule-of-law mindset and attaches great importance to the guiding role of judicial cases in society. Recently, it released typical cases addressing the evasion of debt in bankruptcy proceedings, focusing on common issues, fostering consensus in bankruptcy practice, and helping to prevent and resolve business risks.
The linked article is from the official WeChat account of the People’s Court of Shunde District, Foshan City.
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At this year’s High-Tech Fair, the Futian District Justice Bureau, under the theme “Empowering Legal Services with Technology, Safeguarding Technological Innovation through the Rule of Law,” has divided its exhibition hall into four zones: a product display area, an interactive experience area, a legal service area, and a legal awareness‑promotion area.At the same time, a “Legal Service Team” comprising over 20 professional lawyers, more than 10 outstanding people’s mediators, 10 senior notaries, and several judicial administration volunteers was assembled and made its debut at the High-Tech Fair, providing convenient, efficient, and professional legal services on-site.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
3
On November 28, the 47th meeting of the Standing Committee of the 13th Guangdong Provincial People’s Congress reviewed the “Draft Amendment to the Regulations of Guangdong Province on Domestic Services.” In response to the pressing need to enhance information sharing within the household services sector, the draft regulations propose establishing a province-wide unified “Nanyue Household Services” integrated management service platform. This platform will aggregate basic information on household service agencies and personnel, as well as data on their credit records, performance evaluations, and residence registration in Guangdong, and will, in accordance with the law, provide public access and other related services.
The linked article is from the WeChat official account: Guangdong Judicial Administration.
"Hotspot"·Follow
#Lao Rongzhi's original sentence upheld on appeal#
In September 2021, after the first-instance verdict in the case of Lao Rongzhi was pronounced, Lao Rongzhi filed an appeal.
The High People’s Court of Jiangxi Province held a public trial in this case from August 18 to 20, 2022. The facts found in the second instance are consistent with those in the first instance. The Jiangxi Provincial Higher People’s Court held that, in joint crimes of intentional homicide, robbery, and kidnapping, Lao Rongzhi actively engaged in activities such as selecting and luring victims, binding them, guarding them, threatening them, conducting reconnaissance, withdrawing funds, and purchasing tools used in the commission of the crimes. She clearly divided tasks with Fa Ziying and cooperated closely with him, thus constituting a co-perpetrator with a high degree of independence and a significant role.
Over a period of four years, the two individuals committed multiple crimes across various locations. There is no evidence to prove that Lao Rongzhi was subjected to mental control or coercion by Fa Ziying. Furthermore, Lao Rongzhi played a principal role in the joint crime and should, in accordance with the law, be identified as the principal offender.
On the morning of November 30, 2022, the High People’s Court of Jiangxi Province conducted a public second-instance trial and rendered its verdict in the appeal case involving Lao Rongzhi for intentional homicide, robbery, and kidnapping.
Related links:The second trial in the Lao Rongzhi case opens today!、The second trial in the Lao Rongzhi case has been adjourned; a verdict will be announced at a later date!、Death penalty! The second-instance verdict in the Lao Rongzhi case upheld the original sentence.
The linked article is from the WeChat official account: Legal Daily.
#Zhang Shanshan and Zhang Hezi Incident#
Since the pandemic suddenly swept across the globe three years ago, people have been living with masks on for nearly three years.
Over the past three years, the daily lives of the public have been repeatedly disrupted by the endless cycle of COVID-19 outbreaks. Time has been wasted standing in line for nucleic acid tests, yet, despite stringent prevention and control measures, the virus has continued to flare up on a large scale in multiple regions across the country in recent months.
The numerous “coincidences” surrounding the Zhang Shanshan incident have made netizens, who have been under lockdown and subjected to repeated nucleic acid testing for a long time, unable to contain their anger, sparking widespread and heated discussion.
Related links:Unveiling Nucleic Acid Gene: The founder started in the home decoration industry; the company has conducted nucleic acid tests for over 700 million people.、Exposing “Nucleic Acid HuaXi”
The linked article is from the WeChat official accounts: China Newsweek and CCTV.com.
Zhiheng Perspective
The Trust Crisis Behind the “Zhang Shanshan” Topic
On November 11, 2022, the Comprehensive Group of the State Council Joint Prevention and Control Mechanism for the Novel Coronavirus Pneumonia Epidemic issued the “Notice on Further Optimizing COVID-19 Prevention and Control Measures and Doing a Scientific and Precise Job in Prevention and Control” (hereinafter referred to as the “New Twenty Measures”), which, in light of the current evolving epidemic situation, made optimized adjustments to the nationwide prevention and control policies.
As “the New Twenty Measures for Epidemic Prevention” are being progressively implemented across the country, an apparently ordinary name—“Zhang Shanshan”—has suddenly topped online search trends overnight, owing to the fact that the individual in question serves as a supervisor in more than thirty companies, most of which are nucleic acid testing institutions.
(I) The Nucleus Huaxi Laboratory and numerous cases of falsified nucleic acid test results and regulatory violations.
Through investigations by numerous news outlets and internet users, it has been revealed that many of the companies where Zhang Shanshan serves as a supervisor are medical testing laboratories named “HuaXi Nucleic Acid,” with COVID‑19 nucleic acid testing as their primary business. All of these entities are subsidiaries or affiliated companies of Shenzhen HuaXi Gene Technology Co., Ltd. (hereinafter referred to as “Shenzhen HuaXi Gene”), and they are located in major cities such as Beijing, Chongqing, Shenzhen, Lanzhou, Suzhou, Zhengzhou, and Chengdu. Their nucleic acid testing operations have experienced rapid growth in a short period of time.
On November 25, the Lanzhou Municipal Health Commission issued a notice regardingViolation operations at the Lanzhou HuaXi Nucleic Acid Laboratory. According to Xinhua News Agency, Jinan Huaxi Medical Testing Laboratory was already investigated and penalized in 2021 for falsifying nucleic acid test results in Longyao County, Xingtai City, Hebei Province. In addition, laboratories affiliated with Nucleic Acid HuaXi in Shenzhen, Changsha, Zhengzhou, and other cities have also been subject to administrative penalties for various violations in nucleic acid testing.
A single stone has stirred up a thousand ripples, with public opinion focusing on the issue of fraud at nucleic acid testing institutions. According to reports, since January 2022, at least 11 nucleic acid testing institutions in cities including Beijing, Guangzhou, Shanghai, and Shenzhen have been reported for suspected violations of laws and regulations, including seven institutions whose relevant personnel have been placed under criminal investigation.
(II) Legal liabilities for falsifying nucleic acid test results
Against the backdrop of the release of the “New Twenty Measures for Epidemic Prevention,” public discussion surrounding Shenzhen Nucleic Acid Gene Co., Ltd. has primarily centered on allegations of falsification of nucleic acid test results. On this issue, based on the provisions of current laws and regulations, the author hereby analyzes the legal liabilities associated with the falsification of nucleic acid test results as follows:
(1) Administrative liability.First, the act of falsifying test results by nucleic acid testing institutions shall be subject to administrative penalties by the health administrative department in accordance with Article 69 of the Law on Prevention and Control of Infectious Diseases, for “failure to report infectious disease outbreaks as required, or for concealing, falsely reporting, or delaying the reporting of such outbreaks.” If the falsification of test results reaches a level that disrupts public order, the public security organs shall impose public security administrative penalties pursuant to Article 25 of the Law on Public Security Administration Penalties, which addresses “spreading rumors, making false reports about emergencies, epidemics, or police matters, or otherwise intentionally disrupting public order.”
(2) Criminal liability.At present, public security organs in some regions have initiated criminal investigations, charging testing institutions with the suspected crime of obstructing the prevention and control of infectious diseases on account of falsifying nucleic acid test results. In this regard, the author believes that the application of this charge is open to debate. According to Article 330 of the Criminal Law, the elements required for establishing this offense include “causing the spread of a Class A infectious disease or posing a serious risk of such spread.”
Furthermore, pursuant to Article 3 of the Law on the Prevention and Control of Infectious Diseases, COVID‑19 is classified as a Category B infectious disease rather than a Category A one; therefore, characterizing the falsification of nucleic acid test results as an offense of obstructing the prevention and control of infectious diseases lacks a legal basis.
Furthermore, in light of the current COVID-19 prevention and control situation, the author believes that it is more appropriate to classify the act of falsifying nucleic acid test results by testing institutions as the crime of fabricating and intentionally disseminating false information, as stipulated in Article 291-1, paragraph 2, of the Criminal Law. At present, health codes have been widely implemented nationwide, with each individual’s nucleic acid test results managed through integration into the government’s information network system.
Although nucleic acid testing institutions do not publicly disclose test results through relevant media, they will inevitably upload falsified nucleic acid test results to the information network systems managed by local governments, thereby satisfying the constitutive element of “disseminating” such information via information networks or other media under this crime. At the same time, health administrative and other relevant departments implement and adjust epidemic prevention and control measures based on the epidemic-related information contained in the health code. Consequently, inaccurate nucleic acid test information poses a risk of disrupting the order of epidemic prevention and control, thereby also aligning with the protection of public order under this chapter.
(III) Avoid a crisis of trust caused by non-compliant nucleic acid testing.
The purpose of implementing epidemic prevention measures is to overcome the COVID-19 pandemic as soon as possible—this is common knowledge that we all share. Nucleic acid testing is the first step in epidemic prevention and control, and its high accuracy must be ensured. We must avoid both false-negative test results, which could delay the implementation of control measures and lead to an outbreak, and false-positive test results, which could result in misguided pandemic response measures.
The “better to err on the side of caution” approach to excessive pandemic prevention not only leads to social disorder and public panic, but also triggers a crisis of trust inEpidemic prevention policies. In the long run, this will inevitably undermine the public’s willingness to participate inEpidemic prevention efforts and hinder the implementation ofEpidemic prevention measures. Therefore, health authorities, public security departments, and other relevant functional agencies must rigorously and accurately crack down on any illegal orViolation activities that occur during the nucleic acid testing process.
Article author: Cen Yongjie – Attorney at Zhiheng (Foshan) Law Firm
Practical Information
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Recently, the Foshan Municipal Administration for Market Regulation summarized the available channels, required materials, and procedures for accessing business entity registration archive inquiry services.
Based on the delivery method, services are categorized into machine-readable archival information retrieval services and electronic archival information retrieval services.
The linked article is from the official WeChat account of the Foshan Lawyers Association.
Zhiheng News
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