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Peking University Judicial Case Database
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In this issue:
- Li Qiang signed an order of the State Council to promulgate the "Regulations on International Cruise Ships Docking and Replenishment in the Ports of the People's Republic of China"
- The Supreme People's Court clarifies the issue of the enforcement of property judgments in commutation and parole cases
- The People's Bank of China and the State Administration for Market Regulation promulgated the Measures for the Management of Beneficial Owner Information
- Strengthen the legal protection of intellectual property rights and create a good business environment and innovation environment
- The Supreme People's Court released six typical cases on labor disputes
- The Supreme People's Procuratorate released eight typical cases of procuratorial organs protecting the legitimate rights and interests of workers in accordance with the law
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New Law Express
1. Administrative Regulations
1. Regulations on the docking and replenishment of international cruise ships in the ports of the People's Republic of China
20240422 promulgation/20240601 implementation
II. Judicial Interpretations
1. Provisions of the Supreme People's Court on Issues Concerning the Review of Enforcement of Property Judgments in Handling Commutation and Parole Cases
20240429 promulgation/20240501 implementation
3. Departmental rules
1. Measures for the management of beneficial owner information
20240429 promulgation/20241101 implementation
Legislative information: "Measures for the Management of Beneficial Owner Information" answers questions from reporters
2. Procedural provisions for state security organs handling criminal cases
20240426 promulgation/20240701 implementation
3. Provisions on administrative law enforcement procedures for state security organs
20240426 promulgation/20240701 implementation
4. Measures for the division and management of power supply business areas (2024)
20240411 promulgation/20240701 implementation
5. Administrative Measures for the Restricted Use of Non-Statutory Units of Measurement
20240318 promulgation/20240601 implementation
Legislative information: Interpretation of the Administrative Measures for the Restriction of the Use of Non-Statutory Units of Measurement
4. Local regulations
1. Regulations on the China (Heilongjiang) Pilot Free Trade Zone
20240424 promulgation/20240601 implementation
2. Wuhan Human Resources Market Promotion Regulations
20240422 promulgation/20240601 implementation
3. Hangzhou Municipal Regulations on the Promotion of Testing and Application of Intelligent Networked Vehicles
20240403 promulgated/20240501 implemented
4. Fujian Provincial Village Collective Financial Management Regulations (2024 Amendment)
20240327 promulgation/20240327 implementation
5. Qinghai Provincial Regulations on Work Safety
20240319 promulgation/20240501 implementation
5. Local government rules
1. Yunfu City's "comprehensive inspection" joint law enforcement inspection implementation measures
20240423 promulgation/20240423 implementation
2. Measures for the management of public security in waters of Guangdong Province
20240327 promulgation/20240601 implementation
3. Hami Wing Loong Yadan Sea Road Scenic Area Management Measures
20240319 promulgation/20240419 implementation
6. Other documents
(1) Digital rule of law
1. Notice of the Ministry of Finance and the Ministry of Transport on Supporting and Guiding the Digital Transformation and Upgrading of Highway and Waterway Transportation Infrastructure
20240429 promulgation/20240429 implementation
2. Notice of the General Office of the People's Government of Henan Province on Printing and Distributing the Three-Year Action Plan (2024-2026) for Accelerating the Digitalization and Intelligent High-quality Development of Coal Mines in Henan Province
20240423 promulgation/20240423 implementation
3. Notice of the General Office of the Nanjing Municipal Government on Printing and Distributing the "Nanjing Municipal Interim Measures for the Management of the Authorized Operation and Management of Public Data".
20240423 promulgation/20240524 implementation
4. Notice of the Fujian Provincial Development and Reform Commission on Printing and Distributing Several Measures for Promoting the Circulation and Trading of Data Elements in Fujian Province
20240420 promulgation/20240420 implementation
5. Notice of the Changsha Municipal Bureau of Industry and Information Technology on Printing and Distributing the "Administrative Measures for Pilot Service Institutions for the Digital Transformation of Small and Medium-sized Enterprises in Changsha City".
20240415 promulgation/20240415 implementation
(2) Optimization of the business environment
1. Notice of the Shandong Provincial People's Government on Printing and Distributing Several Measures for Shandong Province to Deepen the "Efficient Completion of One Thing" and Vigorously Enhance Administrative Efficiency
20240428 promulgation/20240428 implementation
2. Notice of the General Office of the People's Government of Heilongjiang Province on Printing and Distributing the Implementation Plan for Further Optimizing Payment Services and Improving Payment Convenience in Heilongjiang Province
20240427 promulgation/20240427 implementation
3. Notice of the General Office of the Chongqing Municipal People's Government on Printing and Distributing the Implementation Plan for Further Optimizing the Foreign Investment Environment and Increasing the Attraction of Foreign Investment in Chongqing
20240424 promulgation/20240424 implementation
4. Notice of the General Office of the Hunan Provincial People's Government on Several Policies and Measures to Promote the High-quality Development of Comprehensive Bonded Zones (for Trial Implementation).
20240422 promulgation/20240422 implementation
5. Implementation Opinions of the General Office of the Hubei Provincial People's Government on Accelerating the Cultivation of New Quality Productivity and Promoting High-quality Development
20240421 promulgation/20240421 implementation
(3) Intellectual property rights
1. Opinions of the State Intellectual Property Office and the Ministry of Justice on Deepening Coordinated Protection and Strengthening Legal Safeguards for Intellectual Property Rights
20240425 promulgation/20240425 implementation
2. Notice of the Anhui Provincial Administration for Market Regulation, the Office of the Financial Commission of the CPC Anhui Provincial Committee, the Anhui Provincial Higher People's Court, the Anhui Provincial People's Procuratorate, the Anhui Provincial Development and Reform Commission, the Anhui Provincial Department of Industry and Information Technology, the Anhui Provincial Department of Justice, the Anhui Branch of the People's Bank of China, and the Anhui Supervision Bureau of the State Financial Supervision and Administration on the issuance of the Measures for the Registration of Data Intellectual Property Rights in Anhui Province (Trial Implementation).
20240424 promulgation/20240424 implementation
3. Notice of the Guizhou Provincial Intellectual Property Office on Printing and Distributing the Measures for Funding for the High-quality Development of Intellectual Property Rights in Guizhou Province (Revised in 2024)
20240415 promulgation/20240415 implementation
(4) Taxation
1. Announcement of the Ministry of Finance and the State Administration of Taxation on the individual income tax policies related to equity incentives of listed companies
20240417 promulgation/20240101 implementation
2. Announcement of the Ministry of Finance and the State Administration of Taxation on the Land Appreciation Tax Policy for the Reform of the Rural Collective Property Rights System
20240416 promulgation/20240101 implementation
3. Notice of the Ministry of Finance and the State Administration of Taxation on the preferential enterprise income tax policies for the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone
20240327 promulgation/20230101 implementation
(5) Insurance
1. Guiding Opinions of the State Administration of Financial Supervision and Administration on Promoting the High-quality Development of Green Insurance
20240420 promulgation/20240420 implementation
Legislative information: The heads of relevant departments and bureaus of the State Administration of Financial Supervision and Administration answered reporters' questions on the issuance of the "Guiding Opinions on Promoting the High-quality Development of Green Insurance".
2. Notice of the Department of Finance of Guangxi Zhuang Autonomous Region, the Forestry Bureau of Guangxi Zhuang Autonomous Region, and the Guangxi Supervision Bureau of the State Administration of Financial Supervision on Printing and Distributing the Implementation Plan of Guangxi Policy-based Forest Insurance
20240410 promulgation/20240101 implementation
(6) Real estate
1. Notice of the Beijing Municipal Commission of Housing and Urban-Rural Development on Optimizing and Adjusting the Housing Purchase Restriction Policy in Beijing
20240430 promulgation/20240430 implementation
2. Notice of Tianjin Municipal Housing and Urban-Rural Development Commission and other three departments on further optimizing the real estate regulation and control policy
20240430 promulgation/20240501 implementation
3. Opinions of 7 departments including the Shanxi Provincial Department of Housing and Urban-Rural Development on accelerating the resolution of the inventory of non-residential commercial housing
20240329 promulgation/20240401 implementation
Important cases
Issued by the Supreme People's Court
1. The Supreme People's Court released six typical cases on labor disputes
1. A labor contract dispute between a high-fiber company and Cui - the employer cannot avoid the labor relationship by entering into a contract
2. Case of labor contract dispute between Zhang and a bus company - the employee has the unilateral choice of whether to conclude an indefinite labor contract
3. A non-compete dispute between a company and Mr. Li – a non-compete agreement cannot restrict the right of an employee who is not obliged to maintain confidentiality to choose his or her own employment
4. Labor dispute case between Zhang and a sports company – the employee's spouse's investment in and operation of an enterprise that competes with the employee's original employer is a violation of the non-compete restriction
5. Labor dispute case between a company and Mr. Li - if the R&D personnel refuse to hand over the work after resignation and cause losses to the employer, they shall be liable for compensation
6. Labor dispute case between Li and a clothing company - a male employee is entitled to nursing leave in accordance with the law after his wife gives birth to a child
Issued by the Supreme People's Procuratorate
1. The Supreme People's Procuratorate released eight typical cases of procuratorial organs protecting the lawful rights and interests of workers in accordance with the law
1. Case of Xie Moushi's refusal to pay labor remuneration
2. Case of Li's refusal to pay labor remuneration
3. The theft case of Chen, Li, Huang, and Liu
4. A labor dispute protest between Hu Moulin and a construction labor service limited liability company in Shaanxi
5. Case of 175 migrant workers including Zhang Mouling seeking labor remuneration to support the prosecution
6. Case of administrative confirmation procuratorial supervision between Zou XX and the Human Resources and Social Security Bureau of a city in Sichuan Province and a construction engineering Co., Ltd
7. Fan Mouhai v. a county human resources and social security bureau and social security center in Xinjiang, a case of administrative litigation enforcement supervision
8. Case of administrative public interest litigation involving the People's Procuratorate of Huadian City, Jilin Province, urging the protection of the rights and interests of rural laborers
Issued by the local people's court
1. The Jiangsu Provincial High People's Court released the Top 10 Typical Cases of Labor and Personnel Disputes in 2023
1. Case of dispute over work-related injury insurance benefits between Huang and a convenience store - first implement and treat in a timely manner, and protect the right to survival of injured employees in accordance with the law
2. Case of labor contract dispute between Dong and a real estate company - maintaining the stability of lactating female employees and protecting the legitimate rights and interests of women
3. Case of labor contract dispute between Li and a mold company - effectively prevent employment discrimination and protect the equal employment rights of workers in accordance with the law
4. Labor dispute case between an optoelectronic company and Qin - accurately distinguish the rewards of talents of different natures and protect the legitimate rights and interests of scientific and technological innovation talents
5. Case of non-compete dispute between Zhou and a medical company – clarifying the scope of non-compete and stimulating the innovation vitality of science and technology enterprises
6. Case of labor relations dispute between Wang and a service company - clarifying the legal relationship of flexible employment personnel in accordance with the law and promoting the healthy and orderly development of the industry
7. Labor dispute case between a textile company and Qian - encourage the humanistic care of the employer and lead the social trend of goodness
8. Case of labor dispute between Yuan and a technology company - the validity of the collective contract was determined in accordance with the law, and the policy of giving priority to detailed employment was implemented
9. Labor dispute case between Mr. Sun and a catering company - reasonably define the scope of application of the package salary system and respect the autonomy of the employer in the distribution of labor remuneration
10. Labor dispute between Li and an information service company - prohibiting corporal punishment by the employer and protecting the personality rights of workers
II. The Shandong Provincial High People's Court released 10 typical cases of judicial protection of workers' rights and interests
1. Labor dispute between Zhang and a guest house and a human resources company – the labor dispatch agreement signed by the employer with a third party without the employee's knowledge cannot change the labor relationship between the employer and the employee
2. Labor dispute case between Feng and an automobile mold company - if the employer does not renew the written labor contract after the expiration of the labor contract and continues to employ the employee, it shall pay twice the wage difference if the written labor contract is not signed
3. Labor dispute case between a rubber and plastic company and Mr. Song - if the employer transfers the employee through the internal approval process without consultation with the employee, and then terminates the labor contract on the grounds that the employee has not arrived at the post, it constitutes illegal termination of the labor contract
4. Labor dispute case between Qi and a human resources company - the employer's arbitrary change of labor remuneration settlement method led to an unreasonable reduction of the employee's income
5. Labor dispute case between a company and Mr. Li - If the employer terminates the labor contract on the grounds that the employee has seriously violated the rules and regulations of the employer, it shall consider the seriousness of the employee's violation of the rules and regulations of the employer in a reasonable and substantive manner
6. A labor dispute between Mr. Sun and a technology company - the "voluntary resignation materials" signed by the employer when the employee was required to join the company cannot be used as the basis for determining the employee's true intention
7. Labor dispute case between a new materials company, a technology company and Huang - where an employer illegally transferred a female employee in the "third phase", and the female employee requested to be transferred to a suitable position, it should be supported
8. Labor contract dispute between a real estate company and Mr. Li - If the employer terminates the labor contract on the grounds that the employee is incompetent for the job, it must bear the burden of proof that the employee is "incompetent for the job" and that the employer has performed the legal procedures
9. Case of dispute over work-related injury insurance benefits between Wang and a security company - the "three one-time" subsidies in work-related injury insurance benefits can be inherited as the inheritance of work-related injuries after they are specified
10. Labor dispute case between Guo and a tape company - if the employer insures a worker with personal accident insurance but does not participate in work-related injury insurance, the insurance claim cannot be used to offset his work-related injury insurance liability
3. The Qinghai Provincial High People's Court released four typical cases of labor disputes
1. Labor dispute case between a labor service company in Inner Mongolia and Chen - determination of liability under atypical "labor relations".
2. Labor dispute case between Mr. Yang and a company in Qinghai -- the employer illegally terminated the labor contract and did not go through the social insurance procedures in accordance with the law, and the employee was entitled to economic compensation
3. A labor dispute case between a company in Qinghai and a company in Qinghai - determination of the liability of the employee for online fraud in the performance of his duties
4. A labor dispute case between a Qinghai branch and Liu - determination of the rights enjoyed by female employees during breastfeeding leave
4. The Shanxi Provincial High People's Court, the Shanxi Provincial Department of Human Resources and Social Security, and the Shanxi Provincial Federation of Trade Unions jointly released 12 typical cases on the protection of workers' rights and interests
1. Case of work-related injury compensation between Zhang Moumou and the construction enterprise - giving full play to the organizational advantages and mediating disputes across provinces
2. Labor dispute case between Yang and a technology company - the mediator of the laborer's salary in another place resolves the dispute online
3. Case of confirmation of labor relationship between Li and a coking coal company - the signing of a labor contract does not necessarily establish a labor relationship
4. Labor dispute case between Huang and a Culture Media Co., Ltd. - Determination of labor relations in new employment forms
5. Xu Moubo and other 98 migrant workers to seek wages - multiple joint efforts to solve wage arrears disputes in a "one-stop" manner
6. A labor dispute case between Jia Moumou and an environmental protection company - the employer shall not abuse the provisions of the system to terminate the labor contract
7. Case of confirmation of labor relationship between Zhang XX and a trading company in Shanxi - the employer's registration of employees as individual industrial and commercial households does not affect the determination of the labor relationship between the two parties
8. Labor dispute case between Liang and China Railway - the employer has no right to withhold the employee's certificate or collect the employee's property
9. Labor dispute case between Xu and a hospital - After the employer and the employee terminate the labor relationship, they should also perform relevant legal obligations
10. Chen, Wang, and Li, a case of compensation for loss of work-related injury benefits - how to protect the rights and interests of workers when the employing entity was cancelled
11. Case of Zhao Mouan's refusal to pay labor remuneration - where refusal to pay labor remuneration constitutes a crime, criminal sanctions shall be imposed
12. Shi X's enforcement case of recourse for labor remuneration - multi-department linkage to ensure that workers get hard-earned money
5. The Guangdong Provincial High People's Court and the Guangdong Provincial Department of Human Resources and Social Security jointly released 10 typical cases of labor disputes
1. Labor dispute case between an environmental protection company and Cheng - the employer's refusal to establish an employment relationship after issuing an employment notice constituted a breach of the reservation contract
2. A labor dispute between a technology company and Chen: the employer should reasonably and lawfully exercise the right to manage employment
3. Labor dispute case between a food company and Lei - the employer shall not pass on the business risk to the employee through a VAM agreement
4. Labor dispute case between a passenger transport company and Liang - the labor contract can be terminated if the employee poses a real danger to the employer's safety production and operation
5. Labor dispute case between a school and Zhuo - a worker who has close contact with minors has a record of violent crimes, and the employer may terminate the labor contract
6. A labor dispute case between a football company and a certain party - the employer shall be liable for refusing to go through the procedures for canceling the foreigner's work permit
7. Labor dispute case between a printing company and Qin - economic compensation for the termination of the labor contract should be paid when the employee leaves the company
8. A dispute over pension insurance benefits between a research institute and Mr. Li - if a worker has an objection to the determination of the deemed payment period, he should request the social insurance agency for handling
9. Labor dispute case between a company and Wang - the employer should clearly inform the employee of the employee's non-compete obligation
10. A labor dispute case between a technology company and Ye - the proceeds from the exercise of restricted shares that have not been specifically agreed upon shall not be included in the calculation base of non-compete compensation
6. The High People's Court of Xinjiang Uygur Autonomous Region released five typical cases of labor disputes
1. Labor dispute case between Xing and a construction engineering (group) Co., Ltd
2. Labor dispute case between an education consulting service company in Bole City and Liu
3. Case of personnel dispute between Gao and a college in Karamay
4. Labor dispute case between Zhang and a financial consulting company in Kashgar
5. Labor dispute case between a property service company in Urumqi and Ma
7. The Intermediate People's Court of Hangzhou Municipality, Zhejiang Province, released the top 10 cases of judicial protection of intellectual property rights in 2023
1. A dispute over copyright infringement and unfair competition between a technology company in Shanghai and an Internet company in Hangzhou
2. A dispute between a technology company in Zhejiang and a company confirming non-infringement of copyright
3. Unfair competition dispute between a software company, a network company in Zhejiang, a technology company in Shaoxing, and a technology company in Shanghai
4. Unfair competition dispute between a network company, an information company in Hangzhou, an information company in Fuzhou, and a technology company in Chongqing
5. An unfair competition dispute between an e-commerce company in Hangzhou and a trading company in Shantou and Lei
6. Case of unfair competition dispute between a technology company in Beijing, a technology company in Zhejiang and a technology company in Xiangyang
7. A trademark infringement and unfair competition dispute between a technology company in Beijing and a technology company in Shanghai
8. A dispute over infringement of technical secrets between a chemical company in Zhejiang and A, Meng and a new energy company in Qingdao
9. Case of copyright infringement by Sun, Pan, Chen, Liu, Wu, and Lin
10. Case of Zhu selling goods with counterfeit registered trademarks