It is a crime in China, specifically the crime of giving bribes to a unit, to give the property or money (such as giving rebates) to xiaojinku (i.e., coffer) of SOEs. The crime is unique compared with the offences under the FCPA. For example, the FCPA prohibits payments to foreign officials, not to foreign governments (Page 20 of A Resource Guide to the U.S. Foreign Corrupt Practices Act). However, with the mentality under the FCPA to make some payments (such as rebates) to Chinese SOEs such as Chinese State-owned hospitals (which are regarded as foreign governments under the FCPA), a business could find themselves meeting some troubles unexpectedly, and the troubles could be as bad as criminal implication.
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The new Directive provides a number of fundamental legal rights for consumers in order to ensure a high level of consumer protection throughout the EU. Some types of contracts are excluded from the provisions of this Directive. One exception for example is the field of online gambling. Further exceptions apply to the right of withdrawal for contracts about goods made to the consumer’s specifications and perishable goods.
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New Provisional Regulations on Labour Dispatch were issued by the Ministry of Human Resources and Social Security on 24 January 2014. Labour dispatch practices, which involve a business choosing to outsource workers from third-party dispatch agencies rather than directly employing the workers, are already regulated by China’s Labour Contract Law. According to the new regulations, after an initial grace period dispatched workers must not comprise more than 10 per cent of a company’s total workforce.
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The Chief-Prosecutor of the Anti-Graft Bureau of Changchun People’s Prosecuting Office, Mr. Li, Xiaoming, was suspended from his office due to violation of the concerned integrity rules of the Communist Party of China when investigating a case. It is clear that the husband of the investigated target was investigating the investigators.
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To implement this year’s anti-graft plans, Premier Li produced six specific requests. The first request is to carry out the on-going regulations and rules such as hammering against patchy action on government buildings, head counts and conferences. Li called on auditors and supervisors to be "brave enough to crack the hard nuts" and investigate violation cases "deeply, thoroughly and concretely."
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There are currently about 40 staff members in the NDRC to enforce Anti-Monopoly Law. With 20 more to be added, the Bureau will have a team of 60 at its headquarters, and at least over 200 at the provincial level.
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According to the Provisions, a food producer with over 300 employees should establish a safe production management organization, which shall consist of at least three full-time management personnel on safe production, and one certified safety engineer. The Provisions provide the legal liabilities related with the violation of the Provisions. Those that violate the relevant provisions should be subject to administrative penalties.
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For a period of two years, all public medical institutions or the medical institutions with fiscal grant within such a blacklisting province will be prohibited from purchasing pharmaceutical products, medical devices and medical consumptions from a Blacklisted Party. The Blacklisted Parties shall be treated in disfavor in other provinces. Those which are blacklisted twice within five years shall be barred from doing any business with all of the public medical institutions or medical institutions with fiscal grant within the whole country of China.
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