A number of important new regulations related to the national economy and people’s livelihood will be implemented in August.
Xinhua News Agency, Beijing, July 31st Title: A number of important new regulations related to the national economy and people’s livelihood will be implemented in August.
Xinhua News Agency reporter Bai Yang
This August, a number of important new regulations concerning the national economy and people’s livelihood came into effect. From perfecting the anti-monopoly legal system, to strengthening information security supervision, and then to expanding the scope of application of personal safety protection orders … … A more perfect rule of law will escort a better life.
Rationally standardize the development of platform economy
The revised Anti-Monopoly Law of the People’s Republic of China shall come into force on August 1, 2022.
The revised anti-monopoly law further clarifies the applicable rules of the anti-monopoly system in the platform economy, and adds provisions: operators with market dominance shall not use data and algorithms, technologies and platform rules to engage in the abuse of market dominance as stipulated in the preceding paragraph.
According to the revised anti-monopoly law, the vertical monopoly agreement reached between the operator and the counterparty shall not be prohibited if the operator can prove that it does not have the effect of excluding or restricting competition; If the market share of the operator is lower than the prescribed standard and meets other relevant conditions, it shall not be prohibited.
An operator shall not organize other operators to reach a monopoly agreement or provide substantial help for other operators to reach a monopoly agreement.
Further strengthen information security supervision
On August 1, 2022, the newly revised Regulations on the Management of Mobile Internet Application Information Services and the Regulations on the Management of Internet User Account Information came into effect.
The newly revised Regulations on the Management of Information Services for Mobile Internet Applications require the establishment and improvement of management systems such as information content security management, information content ecological governance, data security and personal information protection, and protection of minors.
This regulation clearly stipulates that application providers should be responsible for the presentation results of information content, and should not produce and disseminate illegal information, and consciously guard against and resist bad information.
The Regulations on the Management of Internet User Account Information requires the establishment, improvement and strict implementation of management systems such as real identity information authentication, account information verification, information content security, ecological governance, emergency response and personal information protection.
According to this regulation, Internet information service providers should protect and handle personal information in Internet users’ account information according to law, and take measures to prevent unauthorized access and disclosure, tampering and loss of personal information.
Better protect victims of domestic violence
On August 1, 2022, the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in Handling Cases of Personal Safety Protection Orders came into effect, providing more judicial protection for victims of domestic violence.
Judicial interpretation further clarifies the forms of domestic violence and expands the scope of application of personal safety protection orders. Make it clear that freezing hunger and frequent insults, slanders, threats, stalking and harassment are all domestic violence, further clarify the scope of application of personal safety protection orders, and protect family members from various forms of domestic violence.
The judicial interpretation stipulates that applying to the people’s court for a personal safety protection order is not conditional on filing a civil lawsuit such as divorce, and it is not necessary to file a divorce lawsuit or other lawsuit first, nor to file a divorce lawsuit within a certain period after applying for a personal safety protection order.
If the respondent violates the personal safety protection order and conforms to the relevant provisions of the criminal law, he shall be convicted and punished for refusing to execute the judgment or ruling.
Improve the management system of alien invasive species
The Measures for the Administration of Alien Invasive Species shall come into force on August 1, 2022.
The method is clear. The Ministry of Agriculture and Rural Affairs will establish a general survey system for alien invasive species with relevant departments and organize a national survey every ten years. Establish an alien invasive species monitoring system and build a national alien invasive species monitoring network; Establish an information release system for alien invasive species.
Where exotic species such as crops, seeds, seedlings of forest and grass, and aquatic seedlings are introduced from abroad due to special needs such as variety cultivation, import approval and quarantine approval shall be handled with the competent departments of agriculture, rural areas, forestry and grassland of the people’s government at or above the provincial level and the customs according to the examination and approval authority.
No unit or individual may introduce, release or discard alien species without approval.
Comprehensively improve the supervision efficiency of futures and derivatives markets.
People’s Republic of China (PRC) Futures and Derivatives Law shall come into force on August 1, 2022.
This law focuses on the basic system of futures trading, settlement and delivery, the protection system of futures traders, the supervision of futures operating institutions and futures service institutions, the operation of futures trading places and futures settlement institutions, the supervision and management of futures market, and legal responsibilities.
Based on the actual situation of the market, this Law establishes the internationally accepted basic systems for the development and supervision of the derivatives market, such as single master agreement, termination net settlement, transaction report database, etc., entrusts the futures regulatory agency of the State Council or the department authorized by the State Council with the responsibility of supervising and managing the derivatives market, and authorizes the State Council to formulate specific management measures in accordance with the principles of this Law.
Black land has special legal protection.
The Law of People’s Republic of China (PRC) on the Protection of Black Land came into force on August 1, 2022, providing special legal protection for black land.
According to this law, the competent agricultural and rural authorities in the State Council, together with the relevant departments of natural resources and water administration, comprehensively consider the reclamation history and utilization status of black land, and scientifically and reasonably determine the protection scope of black land according to the principle that is most conducive to comprehensive protection, comprehensive management and system restoration, and make timely adjustments.
Historically belonging to black land, except for those that cannot be repaired, in principle, they should be included in the protection scope of black land for repair and restoration.
