Archive for November, 2010

How long can a litigation proceeding be in China?

When you initiate a lawsuit, you want to know and control the length of the court proceeding. Generally, a country’s procedure laws, civil, criminal or administrative, will provide for a time limit within which the relevant litigious proceeding shall be completed, i.e. a judgment therein shall be delivered.
Under China Civil Procedure Law, a domestic case [...]

Published by admin on November 24th, 2010 tagged China News | Comment now »

How to Define the Region Where the Protection is Sought?

On Oct. 28, 2010, the National People’s congress promulgated the fist statute on conflict rules, the Law of the People’s Republic of China on the Application of Law on Civil Relations Involving Foreign Interests, which shall come into force as of April 1, 2011.
The most significant development of this new statute, we thought, is it [...]

Published by admin on November 24th, 2010 tagged China News | Comment now »

God bless you our old friend Cai Dingjian

We are here to memorize Professor CAI Dingjian, one of our old friends, director of the Institute for Study on Constitutionalism at China University of Political Science and Law, who has passed away early this morning on November the 22nd.
Professor Cai was a kind man, impactful reformer and a pioneering scholar. Nothing I or Lehman, [...]

Published by admin on November 22nd, 2010 tagged China Law | Comment now »

Newly Issued Foreign-Related Civil Relations Application Law Clarifies IPR Rules

Beijing, China –November 4, 2010 – On Oct. 28, 2010, the National People’s congress promulgated the fist statute on conflict rules, the Law of the People’s Republic of China on the Application of Law on Civil Relations Involving Foreign Interests, which shall come into force as of April 1, 2011.
The statute contains 52 articles, 8 [...]

Published by admin on November 22nd, 2010 tagged China Law | 1 Comment »

Local & Foreign Taxpayers Subject To Same Building Tax & Education Surcharge Rules

The State Council recently promulgated a circular to unify the urban maintenance and construction tax for domestic and foreign enterprises and individuals and the education surtax system: from 1st December 2010, the Provisional Regulations of the People’s Republic of China on City Maintenance and Construction Tax released in 1985 by the State Council and Provisional [...]

Published by admin on November 22nd, 2010 tagged China Law | Comment now »

Seed production enterprises enjoy the same tax bite policy as farmers

New tax policy was recently promulgated by the State Administration of Taxation. It includes the relevant issues of value-added taxes of seed production enterprises for selling seeds. Seed production enterprises producing and selling seeds in the following manufacturing modes are classified as agricultural producers selling self-produced agricultural products, where relevant value added taxes shall be [...]

Published by admin on November 22nd, 2010 tagged China Law | Comment now »

China’s consumer market

To a certain degree, change is already underway. In real terms, Chinese spending has picked up and is growing annually at around 10%. Even before Hu’s speech, the Chinese government was already attempting to facilitate this process, spending more on social projects to help build social welfare systems. These safety nets are desperately needed. Most [...]

Published by admin on November 22nd, 2010 tagged China Law | Comment now »

QQ VS 360

Recently, the disputes between Tencent’s QQ and Qihoo’s 360 software have caused quite a stir in the press
In September 2010, Qihoo 360 launched a software called “360 Privacy Protector”. This product is used to keep tabs on other software on a user’s computer and is able to detect a number of things, for instance the [...]

Published by admin on November 22nd, 2010 tagged China Law | 1 Comment »

MOF Consults Public On Small Enterprise Accounting Standards

Beijing, China –November 10, 2010
As an effort to standardize the accounting behaviour of small enterprises and ensure the quality of their accounting information, the Ministry of Finance (MOF) recently drafted the Accounting Standards for Small Enterprises based upon extensive investigation and research to solicit public opinion until 15 December 2010. The draft instrument provides a [...]

Published by admin on November 11th, 2010 tagged China Law | 1 Comment »

Major Technological Equipment Import Tax Policy Adjusted

Beijing, China –November 10, 2010
The Ministry of Finance (MOF), together with the Ministry of Industry and Information Technology (MIIT), the General Administration of Taxation (GAT) and the General Administration of Customs (GAC), has recently released the Notice on the Adjustment of Tax Policies on Imported Important Technological Equipment Including Large Equipment that Facilitates Environmental Protection [...]

Published by admin on November 11th, 2010 tagged China Law | Comment now »