News corner - CWG
Ribeiro Hui, Shanghai
Judicial interpretations of the Civil Code
December was the Supreme Court of China’s most productive month in 2020. In the last week of the year, the Court released the first batch of new judicial interpretations of the Civil Code which took effect at the same time of the Civil Code, that is, from 1 January 2021. These new releases, which included interpretations on property, marriage and family, inheritance, labour disputes and construction contracts, are designed to ensure a seamless transition to the Civil Code. The Court also amended 111 judicial interpretations and judicial documents in the areas of civil law, commercial law, intellectual property law, civil procedure law and enforcement procedures.
Eleventh Amendment of the PRC Criminal Law
On 26 December 2020, the 24th meeting of the Standing Committee of the 13th National People’s Congress passed the Eleventh Amendment of the People's Republic of China (PRC) Criminal Law. The Amendment updates the penalties for office-related crimes committed by non-state functionaries, and regulates the potential criminal penalties for employees of private companies, enterprises and other entities.
Measures for the security review of foreign investments
The National Development and Reform Commission of the PRC and the Ministry of Commerce of the PRC jointly issued the Measures for the Security Review of Foreign Investments (the 'Measures') on 19 December. It provides the framework for the enforcement authority, scope, and procedure of the national security review, together with legal liabilities for non-compliance. The Measures became effective on 18 January 2021.
PRC Blocking Rules
The PRC Ministry of Commerce issued the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (Blocking Rules) on 9 January 2021 with immediate effect. The Blocking Rules introduce the rights and obligations of the parties which may be adversely affected by unjustified extra-territorial application of foreign legislation and measures.
Revised Administrative Penalty Law
The revised Administrative Penalty Law was adopted by the Standing Committee of the 13th National People’s Congress on 22 January 2021 and will come into force on 15 July 2021. The new version supplements the types of administrative punishment, grants administrative punishment power to townships and sub-districts, and consolidates the public announcement system of administrative law enforcement.