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▪ Demystify Corporate Social Credit System in China
▪ China is deploying “Operation Skynet” to further “Fox Hunt”
▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
▪ 130 Chinese headhunters arrested, involving breach of 200 million personal info
▪ Corporate Compliance Programs Evaluation Issued by US DOJ (Chinese Translation)
▪ The prospect is promising to commercialize Level-3 autonomous driving in China
▪ Intelligent and digital infrastructures are scheduled to accompany automatic vehic
▪ Will China illegalize VIEs?
▪ You cannot miss the gold rush under China's new Foreign Investment Law
▪ Data must stay in China to get classified protection under Cyber Security Law?
▪ China is to fast-track law-making in autonomous driving
▪ What compliance obligations to meet to transfer data from within China?
▪ Chinese government uses digital forensics technology to dig bribery evidence
▪ A Chinese medical device distributor fined CNY 50,000 for bribing with Moutai
▪ How would Chinese E-commerce Law affect you (1)?
▪ Conflict between the culture and the Party’s rules: $70 gift money got a director
▪ "Excessive Pricing" from perspective of Competition Law
▪ Does China prohibit cross-border transfer of scientific data?
▪ Hypermarket Caesar jailed for ten years for giving “reward for go-between”
▪ How is environmental protection tax collected in China?
▪ China Redefined Bribery Anticompetitive in Nature
▪ China is to amend its Constitution
▪ Chinese government vowed to crack down on bribe givers more harshly
▪ China has its own Dodd-Frank; the award for whistleblower could be US$ 80K
▪ Chinese government may LIUZHI a suspect of wrongdoing
▪ Cooking clinical trial data is rampant and now criminally punishable in China
▪ 5th Viadrina Compliance Congress
▪ Does a compliance bird eat nothing?
▪ How Are Drugs Being Sold in China Despite the Anti-Corruption Crusading
▪ Chinese whistle-blower lauded while French boss fled out of China
▪ Life Sentence for Deputy Chief Justice of China
▪ Why Is Chinese Anti-bribery Law a Very Important Compliance Obligation?
▪ The Report on Corporate Compliance Management in China (2016)
▪ Use of "predictive coding" in eDiscovery document review…best friend or job replac
▪ Civil Fraud v. Criminal Fraud: Criminal Proceedings Not a Silver Bullet to Resolve
▪ Corrupt Chinese drug administrators jailed or executed, whose family members ended
▪ Tone from the middle cannot be ignored
▪ Is bribing a Chinese doctor bribing an FCPA governmental official?
▪ Criminal and Administrative Liability under China's Competition Laws
▪ Model Standards for Trade Association Compliance with China's AML
▪ Double Exposure to Legal Risk Under China's Competition Laws: Comments Upon the Ex
▪ New Privacy Standards for New Data
▪ Chinese Police Are Foxhunting Corrupt Officials
▪ Transfer of Personal Data Overseas from Singapore: Recent Enhanced Provisions
▪ New Guidance on Antitrust Notifications in China
▪ China Issued the Standards on the Quality Management of Using Medical Devices (Dra
▪ China Imposes Harsher Liabilities for Environmental Non-Compliance
▪ GSK Faces Two Corruption Fights in East and West
▪ European Court of Justice Abrogates Data Retention and Allows Data Detention
▪ China Is to Adopt Risk-based Supervisory Rules on Medical Devices
 

Recently a domestic move titled Dying to Survive(《我不是药神》) has attracted a lot of attention in China, including that of our Premier Li Keqiang.  Premier Li instructed that relevant measures should be adopted for purposes of reducing the prices of and keeping the supplying of the anti-cancer drugs as soon as practicable.


It is said that the movie indirectly targets the dominant pharmaceutical companies, which seem to enjoy the intellectual property rights of the concerned anti-cancer drugs, sell these drugs at "excessive price" which the patients cannot afford financially. 



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A lot of articles including those from some mainstream media expressed the concern that China is setting up another Great Wall to ban the outflow of data from within China, and especially foreign-invested institutions in China must seek government approval before transferring their proprietary scientific data outside China. Some even interpreted the regulation as Chinese government’s retaliation against Trump’s trade protectionism.


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Bribery is a serious offence under China’s Criminal Law.  There are ten crimes for bribery.  A unit could be the payer of a bribe; a unit (state-owned) could be the recipient of a bribe as well.  A death penalty could be imposed on the recipient of a bribe if the recipient is a governmental official.  


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The Environmental Protection Tax Law (hereinafter referred to as “the Law”) became effective on January 1, 2018, and is applicable to all enterprises which discharge pollutants (air emissions, wastewater, solid wastes, and noise) to the environment. The pollution discharge fees system will be replaced by the environmental protection tax system after the Law becomes effective.

The Law mainly consists of calculations on four categories: air emissions, wastewater, solid wastes and noise. Detailed calculation measures are listed below.



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There are two primary laws in relation to bribery in China: one is Criminal Law; another is Anti-Unfair Competition Law (“AUCL”).  The Criminal Law provides for criminal liabilities for corruptive bribery; the AUCL provides for administrative liabilities about commercial bribery (and some other anti-competitive practices) that is anti-competitive in nature and not severe enough to be punished under the Criminal Law.



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On December 27, 2017, the Political Bureau of the 19th Central Committee of the Communist Party of China (“CPC”) convened and decided to hold the Second Plenary Session of the 19th Central Committee in January of 2018.  One of most important items on the agenda of the plenary session will be to amend the Constitution of China, which is nominally the supreme law of China.

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In-bound bribery is more difficult to detect, so are other internal frauds such as embezzlements, conflict-of-interest transactions, which go hand to hand without exception.  The internal frauds could remain “unseen” for a very long time until the time of the “broken arrow”.  When that moment comes up, your breath could be taken away, which we can learn from the case study on FAW Group (i.e., the First Auto Work) – one of the earliest and biggest auto manufacturers in China.

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It is doubtful that a bribe giver should or could be punished equally with a bribe taker.  It seems fair and practical to have those who exchange power with money take more liabilities and harsher punishment.  One of the reasons is that a bribe taker has power and the final say in dictating if and how the bribery would happen.

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