BAC Newsletter Issue 30
 
 
   
   
   
   
   
BAC News
Information
Comment
Focus
New Laws
 
 
New Laws
 
   
 

1. Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China (2012)
[Issuing Authority]: Standing Committee of the National People’s Congress
[Issuing No.]: No. 59 of the Order of the Chairman
[Date Issued]: August 31st, 2012 [Date Implemented]: January 1st, 2013
[Effectiveness]: Not yet effective [Validity]: Law
[Highlights] 1. Changes relating to arbitration: a. expressly added the clause on property preservation and evidence preservation prior to arbitration application; b. expressly added the clause on the scope of award, including the award on repealing an arbitration award, and having no right to appeal; c. in the circumstances on applying for non-enforceability of arbitration award, deleted two examination standard of “second trial”, “where there are no adequate fact-finding in trial” and “there are mistakes on applicable laws” and revised as “where the evidences on which the decision is based are forgery” and “the other party conceals the evidences that affect to make fair judgment from the arbitration commissions”. 2. Added the public interest litigation system. 3. Set up small claims procedure and stipulate to carry out a first instance being the final system. 4. Added the stipulations on suppressing the malicious lawsuits. 5. Made clear that the legal supervision of people’s procuratorate on civil implementation. 6. Added the clause that the witness’s fees shall be borne by the losing party. 7. Added the clause on expert appearing and participating in the lawsuit. 8. Stipulated that certain cases may apply for retrial by the original court. 9. Stipulated that not all the retrial cases shall be suspended for implementation. 10. Added the clause that the public may review the effective judgment and award.
http://www.gov.cn/flfg/2012-09/01/content_2214662.htm

Judicial Interpretations:

1. Provisions of the Supreme People's Court on Several Issues concerning the Jurisdiction of Military Courts in Civil Cases
[Issuing Authority]: Supreme People's Court
[Issuing No.]: No. 11 of [2012] Juridical Interpretations
[Date Issued]: August 28th, 2012 [Date Implemented]: September 17th, 2012
[Effectiveness]: Currently effective [Validity]: Juridical Interpretations
[Highlights] 1. Expanded the jurisdiction scope of military courts, made clear the special type of cases and allow the concerned parties to negotiate on jurisdiction. 2. Solved the jurisdiction dispute between the military court and local people’s court and made clear that the military court may transfer the cases to the local court. 3. Improved the remedy system on jurisdiction dispute and made clear that the concerned party may propose the jurisdiction dispute to the military court.
http://www.court.gov.cn/qwfb/sfjs/201209/t20120921_178306.htm

2. Decision of the Supreme People's Court and the Supreme People's Procuratorate on Abolishing Some Judicial Interpretations and Documents of a Nature of Judicial Interpretation before the End of 1979
[Issuing Authority]: Supreme People's Court/Supreme People's Procuratorate
[Issuing No.]: No. 12 of [2012] Juridical Interpretations
[Date Issued]: August 21st, 2012 [Date Implemented]: September 29th, 2012
[Effectiveness]: Currently effective [Validity]: Juridical Interpretations
http://www.spp.gov.cn/site2006/2012-09-28/0005442431.html

3. Notice of the Supreme People's Court on Issuing the Third Group of Guiding Cases
[Issuing Authority]: Supreme People's Court
[Issuing No.]: No. 227 of [2012] Juridical
[Date Issued]: September 18th, 2012 [Date Implemented]: September 18th, 2012
[Effectiveness]: Currently effective [Validity]: Juridical Interpretations
http://rmfyb.chinacourt.org/paper/html/2012-09/26/content_51507.htm

1. Decisions of the Ministry of Public Security on Revising the Provisions on the Registration of Motor Vehicles (2012)
[Issuing Authority]: Ministry of Public Security
[Issuing No.]: No. 124 of the Order of Ministry of Public Security
[Date Issued]: September 12th, 2012 [Date Implemented]: September 12th, 2012
[Effectiveness]: Currently effective [Validity]: Departmental Regulations
http://www.mps.gov.cn/n16/n1282/n3493/n3823/n442207/3386958.html

2. Provisions on the Application for and Use of Motor Vehicle Driving Licenses
[Issuing Authority]: Ministry of Public Security
[Issuing No.]: No. 123 of the Order of Ministry of Public Security
[Date Issued]: September 12th, 2012 [Date Implemented]: September 12th, 2012
[Effectiveness]: Currently effective [Validity]: Departmental Regulations
http://www.gov.cn/flfg/2012-10/09/content_2239595.htm

3. Trial Measures for Fund Management Companies to Provide Asset Management Services for Specific Clients (Revised in 2012)
[Issuing Authority]: China Securities Regulatory Commission
[Issuing No.]: No. 83 of the Order of China Securities Regulatory Commission
[Date Issued]: September 26th, 2012 [Date Implemented]: November 1st, 2012
[Effectiveness]: Currently effective [Validity]: Departmental Regulations
http://www.csrc.gov.cn/pub/zjhpublic/G00306201/201109/t20110902_199421.htm

 

 
 
 
 
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