l  Latest Hot Spot

1.The State Council issued the 'Notice on Deepening the Reform of 'Separation of Licenses and Licenses' to Further Stimulate the Development Vitality of Market Entities'

2.The Financial and Economic Committee of the National People's Congress investigates the implementation of the corporate bankruptcy law

l  New Law Express

1.Data Security Law of the People's Republic of China

2.The Ministry of Finance announced the revised 'Measures for the Management of Special Funds for the Development of Small and Medium-sized Enterprises'

3.The Shanghai Municipal Intellectual Property Bureau and other three departments jointly issued the 'Several Opinions on the Protection of Intellectual Property Rights in E-commerce in Shanghai (Trial)'

【Latest Hot Spot】

The State Council issued the 'Notice on Deepening the Reform of 

'Separation of Licenses and Licenses' to Further Stimulate

 the Development Vitality of Market Entities'

Xinhua News Agency, Beijing, June 3. The State Council recently issued the 'Notice on Deepening the Reform of 'Separation of Licenses and Licenses' to Further Stimulate the Development of Market Entities' (hereinafter referred to as the 'Notice'), which will be deployed nationwide from July 1, 2021. Implement the full-coverage list management of business licenses related to enterprises, and promote the reform of the approval system in four ways: direct cancellation of approval, approval to filing, implementation of notification commitments, and optimization of approval services for all business licenses related to enterprises. At the same time, the free trade trial, the district further strengthened the reform pilot efforts.

The 'Notice' pointed out that it is necessary to fully implement the spirit of the 19th National Congress of the Communist Party of China and the 2nd, 3rd, 4th, and 5th Plenary Sessions of the 19th National Congress of the Communist Party of China, under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and continue to deepen the reform of 'delegation, management and service'. Coordinate and advance the reform of the administrative examination and approval system and the reform of the commercial system, promote post-licensing reduction and simplified approvals in a wider range and more industries, innovate and strengthen supervision during and after the event, further optimize the business environment, stimulate the vitality of market players, and accelerate Build a new development pattern with the domestic big cycle as the main body and the domestic and international double cycles mutually promoting each other.

The 'Notice' proposes to vigorously promote post-licensing reduction and simplified examination and approval. Of the 523 items related to business licenses set by the central government, 68 items of approval were directly cancelled nationwide, 15 items of approval were changed to record, 37 items of notification commitments were implemented, and other items adopted decentralized approval authority, streamlined conditions and materials, and optimized the approval process Measures to optimize examination and approval services, such as reducing the time limit for examination and approval; adding pilot projects in the pilot free trade zone, directly canceling 14 items of approval, changing the approval to 15 items for filing, implementing 40 notification commitments, and the county where the pilot free trade zone is located, and cities that are not divided into districts. , Other areas of the municipal district shall be implemented by reference. At the same time, the provincial people's government can decide to take greater reform measures within its jurisdiction. For the enterprise-related business licensing matters set at the local level, the provincial people’s government shall coordinate and determine the reform method.

The 'Notice' proposes to strengthen the reform system integration and coordination. Implement the management of the list of business license items related to enterprises, and all companies outside the list shall not be restricted from entering relevant industries to carry out operations. Deepen the reform of the commercial registration system, carry out the standardized registration of business scope, and provide services for enterprises to independently select the business scope. Promote the collection and application of electronic certificates and licenses, and fully realize the digitalization of enterprise certificates and licenses before the end of 2022.

The 'Notice' emphasizes the need to innovate and strengthen supervision during and after the event. Implement the combination of decentralization and regulation, and pay equal attention to requirements, clarify regulatory responsibilities, and prevent a regulatory vacuum. Adhere to government leadership, enterprise autonomy, industry self-discipline, and social supervision, consolidate the main responsibilities of enterprises, and improve a coordinated supervision pattern featuring multiple co-governance and mutual support. Formulate nationally unified, concise and easy-to-implement regulatory rules by field to provide clear guidance for supervision. Improve supervision methods, establish and complete a system of prohibiting entry into the industry of companies responsible for serious violations and related personnel, and strengthen supervisory deterrence.

The 'Notice' requires that the provincial people's government take overall responsibility for the reform work in the region, improve the working mechanism, formulate an implementation plan, strengthen the implementation of responsibilities, and solidly promote the reform. All regions and departments must do a good job in training and publicity and interpretation of reform policies, adjust and optimize business processes, revise and improve working rules and service guidelines, transform and upgrade information systems, and ensure that reform measures are fully implemented and enterprises fully enjoy reform dividends.

The Financial and Economic Committee of the National People's Congress investigates the implementation of the corporate bankruptcy law

On June 11, Xu Shaoshi, member of the Standing Committee of the 13th National People's Congress and chairman of the Committee of Finance and Economics, and his entourage went to the Supreme People’s Court to investigate the People’s Court’s implementation of the Enterprise Bankruptcy Law. Zhou Qiang, Secretary of the Party Leadership Group and President of the Supreme People’s Court, attended the symposium and delivered a speech. Zhou Qiang stated that it is necessary to adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping’s thoughts on the rule of law, effectively strengthen bankruptcy trials, give full play to the role of trial functions, and deepen supply-side structural reforms, build a new development pattern, and promote high Quality development provides powerful judicial services.

Zhou Qiang said that amending and improving the Corporate Bankruptcy Law is of great significance for implementing the spirit of the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China, giving full play to the decisive role of the market in resource allocation, promoting supply-side structural reforms, and providing high-quality services. . The Supreme People’s Court will actively cooperate in the inspection of the enforcement of the Enterprise Bankruptcy Law and the revision of the Enterprise Bankruptcy Law, and make positive contributions to the improvement of my country’s bankruptcy legal system.

Zhou Qiang stated that courts at all levels must adhere to the guidance of Xi Jinping’s Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping’s thoughts on the rule of law, fully, accurately and fully implement the new development concept, try bankruptcy cases in accordance with the law, and effectively enhance the sense of responsibility for doing bankruptcy trials. 

Zhou Qiang said that it is necessary to give full play to the role of bankruptcy trial functions and provide powerful judicial services for building a new development pattern and promoting high-quality development. It is necessary to comprehensively and systematically summarize the practical experience accumulated by the national courts in the process of applying the corporate bankruptcy law, carefully study new situations and new issues, strengthen research on major issues in the revision of the corporate bankruptcy law, and promote a sound bankruptcy legal system. It is necessary to conscientiously implement the Party Central Committee’s decision and deployment on optimizing the business environment, give full play to the important role of bankruptcy trials in promoting the survival of the fittest, promoting market elements and efficient allocation of resources, and effectively protecting the legitimate rights and interests of creditors and debtors, and creating a market. The rule of law and the international business environment. We must unswervingly promote the professionalization of bankruptcy trials, deepen the reform of the bankruptcy trial system, promote the establishment of a cross-border bankruptcy assistance mechanism, and accelerate the construction of a high-quality bankruptcy trial team with strong politics, sophisticated business and an international perspective. It is necessary to promote the deep integration of modern information technology and bankruptcy trials, and accelerate the modernization of the bankruptcy trial system and trial capabilities.

【New Law Express】

Data Security Law of the People's Republic of China

The 'Data Security Law of the People's Republic of China' was adopted by the 29th meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on June 10, 2021, and is hereby promulgated as of September 1, 2021 Implement.

The 'Data Security Law' focuses on hidden risks in the field of data security, strengthens the overall coordination of national data security work, and establishes basic systems such as data classification and hierarchical management, data security review, data security risk assessment, monitoring and early warning, and emergency response.

The 'Data Security Law' proposes that important data processors should conduct regular risk assessments of their data processing activities in accordance with regulations and submit risk assessment reports to relevant competent authorities. The risk assessment report should include the type and quantity of important data processed, the status of data processing activities, the data security risks faced and the countermeasures, etc.

The Ministry of Finance announced the revised 'Measures for the Management of Special Funds for the Development of Small and Medium-sized Enterprises'

The Ministry of Finance has increased special support for the development of small and medium-sized enterprises, in order to strengthen the management of special funds for the development of small and medium-sized enterprises, and give full play to the performance of the funds in guiding and promoting the development of small and medium-sized enterprises. According to relevant national laws, regulations and budget management requirements, June 17, The Ministry of Finance promulgated the revised 'Measures for the Management of Special Funds for the Development of Small and Medium-sized Enterprises'. The special funds were established in accordance with the law, and the implementation period is 2025.

The “Measures” clarified that the scope of support for special funds includes: supporting small and medium-sized enterprises to improve their innovation capabilities and professionalism, and optimizing the environment for innovation and entrepreneurship; supporting the improvement of the public service system for small and medium-sized enterprises, and promoting cooperation and exchanges among small and medium-sized enterprises; , To promote the financing of small and medium-sized enterprises; other work to promote the development of small and medium-sized enterprises. Special fund support objects include eligible projects or enterprises, public service platforms for small and medium-sized enterprises and other institutions or carriers, development zones, cities and other pilot demonstration areas.

The Shanghai Municipal Intellectual Property Bureau and other three departments jointly issued the 'Several Opinions on the Protection of Intellectual Property Rights in E-commerce in Shanghai (Trial)'

In order to improve the ability of e-commerce platforms to prevent intellectual property risks and handle disputes, recently, the Shanghai Municipal Intellectual Property Bureau and other three departments jointly issued the 'Several Opinions on the Protection of Shanghai E-commerce Intellectual Property Rights (Trial)'.

The 'Opinions' proposed that e-commerce platform operators should establish and improve the platform user access management system, specify in the user access agreement and inform the platform operators not to sell goods that infringe on the intellectual property rights of others or provide services that infringe on the intellectual property rights of others. It is prohibited to publish information about goods and services that infringe on the intellectual property rights of others.

The 'Opinions' clarified that for operators whose store types on the platform are marked as 'flagship store', 'brand store', 'specialized store', etc., e-commerce platform operators should require them to provide and review relevant proof of rights.

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