Recently, the Market Supervision Bureau ("MSB") of Shanghai Qingpu District penalized a medical device distributor with a fine of RMB 50,000 (about US$ 7,200) because the distributor made a unique bribe to a "doctor" responsible for procurement of medical devices in a hospital in Nanjing City (a city about 270 kilometers away from Shanghai), Jiangsu Province. The reason why the bribe is unique is that the bribe was not cash, but 2 bottles of famous luxurious liquor—Moutai. The total value of the two liquors is about RMB 3,000 (about US$ 440).
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On
August 31st, 2018, after five years examination and debating, the E-commerce
Law of the People's Republic of China ("E-commerce Law") was finally
published. It will come into effect on
January 1st, 2019. The E-commerce Law
defines e-commerce business operators' duties to ensure their legitimate
operation. It also clarifies the
e-commerce business operators' legal responsibilities to protect consumers' rights and personal information. It is a
heavy-duty milestone in e-commerce industry.
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On January 14, 2018, during the funeral of Mr. Ke's father, Mr. Ke received RMB 10,500 (US$1,500) of gift money (or condolence comfort money) from 25 colleagues and staff members of the bureau including RMB 500 (US$ 70) from Mr. Zhang. Later then, both of Mr. Ke (the Deputy Director) and Mr. Zhang (the Director) were investigated for the gift money and were removed from the office.
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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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