February 10, 9:00 - 10:00 Dali Municipal Political and Legal Committee Dali Rong Media Center (Dali People's Radio and Television Station Comprehensive Broadcasting) FM99.9 Guest of this issue of "When the City is in Progress: Zhao Wenhui, a member of the Rule of Law Publicity Team of Dali Lawyers Association and a lawyer at Yunnan Qianyi Law Firm, join you in paying attention to: What new regulations will affect your and my lives in the new year.
Zhao Wenhui
Amendments to the Civil Procedure Law
I. Establish the legal effect of online litigation
Article 16 of the newly revised Civil Procedure Law: With the consent of the parties, civil litigation activities may be conducted online through the information network platform. Civil litigation activities are conducted online through the information network platform and have the same legal effect as offline litigation activities.
Second, the time for delivery of the announcement has been reasonably shortened
Article 95 of the newly revised Civil Procedure Law: Where the whereabouts of the person to be served are unknown, or cannot be served by other means provided for in this section, service shall be announced. Thirty days from the date of the announcement shall be deemed to have been served.
III. Shorten the maximum review limit for summary procedures
Article 164 of the newly revised Civil Procedure Law: People's courts applying summary procedures to try cases shall conclude the trial within three months from the date of filing the case. Where there are special circumstances that require an extension, it may be extended for one month with the approval of the President of this court. After this revision, both the announcement period and the shortening of the trial limit have better saved the litigation time and litigation costs for the parties, making the litigation no longer a long wait.
New Legal Aid Law
The State establishes a system of providing free legal advice to citizens in economic difficulties and other parties who meet the legal requirements, and drafting legal documents and criminal defenses on behalf of other parties, which is an important part of the public legal service system.
The scope of criminal legal aid is divided into two categories: active application and notification.
Applications for criminal legal aid shall meet the following four conditions:
1. The applicant is a criminal suspect or defendant in a criminal case.
2. The reason for applying for legal aid is that a defender has not been retained due to economic hardship or other reasons.
3. The applicant may be a criminal suspect, the defendant himself or a close relative.
4. Submit an application to a legal aid institution.
Where a criminal suspect or defendant is one of the following groups of people who has not retained a defender on their own, the people's courts, people's procuratorates, and public security organs will notify the legal aid organization to appoint a lawyer as a defender:
1. Minors;
2. Persons with vision, hearing and speech disabilities;
Adults who cannot fully identify their own behavior;
(4) Persons who may be sentenced to life imprisonment or the death penalty;
5. Defendants in death penalty review cases applying for legal aid;
6. Defendants in cases tried in absentia;
7. The respondent or defendant in a compulsory treatment case has not retained an agent ad litem;
8. Other personnel provided for by laws and regulations.
According to the Interim Measures for the Administration of the List of Targets of Joint Disciplinary Action for Untrustworthiness in Arrears of Migrant Workers' Wages formulated and promulgated by the Ministry of Human Resources and Social Security, from January 1, 2022, employers withholding or unjustifiably defaulting on migrant workers' wages may enter the "blacklist" of untrustworthiness.
The "Measures" make it clear that if an employer withholds or unreasonably defaults on the payment of wages to migrant workers to the standard for determining the amount of the crime of refusing to pay labor remuneration, or causes serious adverse social impact due to mass incidents or extreme incidents caused by the illegal act of defaulting on migrant workers' wages, and the human resources and social security administrative department orders the payment of wages within a time limit in accordance with law, and fails to pay within the time limit, the human resources and social security administrative department shall, in accordance with the prescribed procedures, include the employer, its legal representative and other relevant responsible personnel in the list of joint disciplinary action for untrustworthiness. Follow provisions to disclose and share it with the same level of credit information sharing platform.
The Law of the People's Republic of China on the Promotion of Family Education came into force on January 1, 2022.
Minors' parents or other guardians shall reasonably arrange time for minors to study, rest, recreation, and physical exercise, avoid increasing minors' learning burdens, and prevent minors from becoming addicted to the Internet. Minors' parents or other guardians must not discriminate against minors on the basis of gender, physical condition, intelligence, and so forth, must not carry out domestic violence, and must not coerce, induce, instigate, connivance, or use minors to engage in activities that violate laws, regulations, and social morality.
The Measures for the Supervision and Administration of the Production and Operation of Cosmetics came into force on 1 January 2022.
The minimum sales unit for cosmetics should have Chinese labels. The content of the label shall be consistent with the sample draft of the product label in the cosmetics registration or filing materials. The labels such as the names, ingredients, and efficacy of cosmetics shall be true and legal, and shall not contain content that explicitly or implicitly has a medical effect, as well as content that is false or misleading, violates social order and good customs, and other violations of laws and regulations.
The Provisions on the Supervision and Administration of Children's Cosmetics came into force on 1 January 2022.
From May 1, 2022, children's cosmetics that apply for registration or filing must be labeled in accordance with the Provisions; if the children's cosmetics that have previously applied for registration or filed for filing are not labeled in accordance with the Provisions, the cosmetics registrant and recorder shall complete the update of the product label before May 1, 2023.