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▪ Alibaba fined USD 2.68 billion for abusing dominant market position in China
▪ China’s new “Blocking Statute” and the concerns it raised
▪ Survey result: how is bribery risk managed in China?
▪ China’s Administrative Punishment Law awards meaningful credits for compliance eff
▪ Salon | How Would the Sanction on Pompeo and Blocking Measures Impact Foreign Comp
▪ Fees to speakers: academic exchange or commercial bribery
▪ China’s Personal Information Protection Law (2)
▪ China’s Personal Information Protection Law (1)
▪ Reading Into China’s Export Control Law
▪ English Translation of Export Control Law of China
▪ China Issued Its List of Unreliable Entities
▪ 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
▪ Classified Protection Under China's 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
 
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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