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▪ China is to award whistleblowers heavily – foreign companies are more vulnerable t
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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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The Whistleblowing Rules encourages whistleblowing on a real name-basis.  In practice, the People’s Procuratorates must respond to real-name whistleblowing.  No matter if a whistleblowing is made anonymously or not, the People’s Procuratorates shall maintain the confidentiality of the whistleblowings and protect the interests and rights of whistleblowers.  

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The National Supervision Commission of China has the power of personnel interview, interrogation, inquiry, investigation, assets freezing, evidence review, sealing and impounding, searching, survey & examination, forensic recovery and examination as well as liuzhi.  The close translation of liuzhi or liu zhi (留置) could be compulsory detention, which however is not as exactly as the temporary deprivation of the freedom for administrative punishment or criminal procedure.  It is similar to notorious shuanggui or shuang gui (双规)

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