China Law & Practice

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Why Qihoo v Tencent breaks new ground

The Supreme People’s Court’s decision on the longstanding Qihoo v Tencent dispute has provided crucial guidance for businesses in China on market definition, dominance and abuse of conduct

Opinion: A warning for foreign hospitals

Wholly foreign-owned hospitals have been given the green light in certain parts of China. But Nicolas Zhu says many legal uncertainties remain, such as rules regarding acquisition and type of hospitals, foreign doctor licences, local doctor transfers and pricing

In the news: China opens up to Visa and MasterCard, CNR and CSR discuss merger and Xi calls for FTZ expansion

This week international credit card firms were allowed to set up clearing operations in China, train manufacturers CNR and CSR started merger talks to compete on a global scale and the president encouraged expansion of free trade zones to other parts of the country

Legislation roundup: Preference shares, insurance risk classification and healthcare reform

The CIRC has permitted insurance capital to invest in preference shares and classified insurance assets based on risk and Beijing has pushed for further reform of the medical, pharmaceutical and healthcare system

Testing data privacy in the courts

Two key themes stand out in the Supreme People’s Court’s new interpretation about online personal data privacy violations: disclosing third parties’ contact information and ISP liability

Full Text Translations


Provisions on Several Issues Concerning the Trial of Administrative Work-related Injury Insurance Cases
关于审理工伤保险行政案件若干问题的规定

Employees may claim work-related injury insurance benefits if injured while shopping on their way home.

PRC Securities Law (Revised in 2014)
中华人民共和国证券法 (2014年修正)

A takeover offer of a listed company is no longer required to be submitted to the CSRC but be announced publicly only.

Circular on Launching a Pilot Project for the Establishment of Wholly Foreign-owned Hospitals
关于开展设立外资独资医院试点工作的通知

Wholly foreign-owned hospitals permitted in seven municipalities and provinces.

PRC Insurance Law (Revised in 2014)
中华人民共和国保险法 (2014年修正)

Minor changes were made in Articles 82 and 85.

Circular on Issues Relevant to Exchange Control in Connection with Offshore Investment/Financing and Round-trip Investment by Residents in China Through Special Purpose Vehicles
关于境内居民通过特殊目的公司境外投融资及返程投资外汇管理有关问题的通知

The Circular broadens the meaning of "special purpose vehicle" from having financing as its objective to investment and financing as its objectives.

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Law Digests


China Banking Regulatory Commission, Implementing Measures for Administrative Permission Items of Foreign-funded Banks
中国银行业监督管理委员会外资银行行政许可事项实施办法

The Measures observe the principle of consistency in the regulatory criteria for Chinese and foreign-funded banks.

Standing Committee of the National People’s Congress, Decision on the Establishment of Intellectual Property Courts in Beijing, Shanghai and Guangzhou
全国人民代表大会常务委员会关于在北京、上海、广州设立知识产权法院的决定

China sets up intellectual property courts.

State Council, Guiding Opinions on Further Promoting the Pilot Project for the Use for Consideration and Trading of Emission Rights
国务院办公厅关于进一步推进排污权有偿使用和交易试点工作的指导意见

China sets up the mechanism for trading emission rights.

State Administration for Industry and Commerce, Tentative Measures for Random Inspection of the Published Information of Enterprises
国家工商行政管理总局企业公示信息抽查暂行办法

Enterprise published information will be checked randomly by SAIC.