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New Laws and Regulations in May 2017

(english.legalinfo.gov.cn) Updated : 2017-05-12

1.Law of the People’s Republic of China on the Red Cross Society

Nature of Red Cross Society:Organization for social assistance

Source of property: Membership fees   Donations   Movable and immovable property income  Governmental appropriation

Property regulation

Establish financial management, internal control, public auditing, supervision and inspection systems

Employ independent third-party organizations to conduct audits and publish the results to the public

Establish a complete information disclosure system to release the donations' amount and disposition to the public

Supervised by governmental auditing departments

2.Measures for Urban Management Law Enforcement

Scope of urban management law enforcement

Authority for administrative penalties stipulated in laws and regulations concerning housing and urban-rural development

Authority for administrative penalties may apply to urban management including administration of environmental protection, industry and commerce, traffic and tax

Measures for law enforcement

Evidence collection through inquiry, photograph, audio and video recordings

Setting on-site warning signs

Interviewing parties involved in the case such as witnesses

Referring to, obtaining and copying documents and materials

Other measures stipulated in laws and regulations

3.Regulations on the Education of the Disabled

Persons with disabilities’ have equal access to education

Discrimination in education against persons with disabilities is unlawful

Promote integrated education

To promote the education of students with disabilities to be integrated into regular education to the maximum extent possible

School-age children should enroll in schools near their residence if they can adapt to regular school life.

If children with disabilities studying in special schools are able to go to regular schools after rehabilitation training, their parents and other guardians should be advised to send them to regular schools.

Requirements for special education teachers:

Acquisition of teacher qualifications

Graduation in special education or passing special education examination after training

4.Measures for the Administration of Medical Device Recalls

Parties responsible for medical device recalls

Domestic medical devices         Product registrant or filer

Imported medical devices          Domestic agent appointed by manufacturers abroad

Categories of recalls

Voluntary recall                 Medical device manufactures evaluate product quality and voluntarily recall products with defects.

Mandatory recall                 Food and drug administration order medical device enterprises to recall faulty products

5.Decisions of the Supreme People’s Court on Issues Concerning Property Investigation Arising from Enforcement Measures in Civil Procedures

Strengthen the obligation of people subject to enforcement to report their property for enforcement purposes

If a person subject to enforcement fails to fulfill their obligations, they will be

1)Fined and detained

2)Given criminal sanctions if their behaviors constitute crime

3)Put on the list of dishonest persons subject to enforcement

6.Several Provisions of the Supreme People’s Court on Announcement of the List of Dishonest Persons Subject to Enforcement

In the following six situations, persons will be put on the list of dishonest persons subject to enforcement:

Refusing to perform any duty as required by authentic legal documents even though they are able to perform it

Resisting execution by forging evidence, or using violence or menace

Avoiding execution by a false lawsuit or arbitration, or hiding and transferring property

Violation of property reporting system

Violation of a restricted consumption order

Refusing to accept a settlement agreement without just cause