1997

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF ARTICLE 30 AND ARTICLE 31 OF THE THE PROTECTION OF CULTURAL RELICS

Category  CULTURE Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1991-06-29 Effective Date  1991-06-29  


Decision of the Standing Committee of the National People’s Congress Regarding the Revision of Article 30 and Article 31 of the Law
of the People’s Republic of China on the Protection of Cultural Relics


Appendix:  Article 30 and Article 31 of the Law of the People’s Republic

(Adopted at the 20th Meeting of the Standing Committee of the Seventh

National People’s Congress on June 29, 1991, promulgated by Order No. 47 of
the President of the People’s Republic of China on June 29, 1991, and
effective as of the date of promulgation)

    The 20th Meeting of the Standing Committee of the Seventh National
People’s Congress, having considered the proposal submitted by the State
Council regarding the Draft Amendment to the Law of the People’s Republic of
China on the Protection of Cultural Relics, decides to make the following
revisions of Article 30 and Article 31 of the Law of the People’s Republic of
China on the Protection of Cultural Relics:

    1. The following five items are added to the acts to which administrative
sanctions shall be applicable as provided in Article 30:

    (1) scrawling upon, defiling or mutilating cultural relics under State
protection in not serious manners, or damaging or destroying signs put up in
accordance with the provisions of Article 9 of this Law for places to be
protected as cultural relics, for which the persons involved shall be fined
or instructed to compensate for the losses thus incurred by the public
security  department or by the units to which the cultural relics belong;

    (2) undertaking construction projects within the scope of protection for
a historical and cultural site, in contravention of the provisions of Article
11 of this Law, or constructing buildings or other structures within the area
delimited for the control of construction around a site to be protected for
its historical and cultural value, in contravention of the provisions of
Article 12 of this Law, for which the persons involved shall be instructed by
the departments for urban and rural planning, or by the said departments as
suggested by the departments for cultural administration, to stop the
construction and dismantle the buildings or other structures illegally
constructed, or, shall be fined;

    (3) carrying out such activities as demolition or excavation in the
vicinity of sites to be protected for their historical and cultural value,
thus endangering the safety of the cultural relics, for which the persons
involved shall be stopped from continuing such activities by the public
security department or by the said department as suggested by the departments
for cultural administration, and may concurrently be fined;

    (4) dealing, by agencies of cultural relics, in any cultural relics, the
buying or selling of which is not permitted by the departments for cultural
administration, for which the agencies involved shall, after examination and
verification by the administrative departments for industry and commerce in
conjunction with the departments for cultural administration, have their
illegal earnings confiscated by the administrative departments for industry
and commerce, and may concurrently be fined or shall have the cultural relics
illegally handled confiscated;

    (5) selling or presenting as gifts without permission any cultural relics
in their collection by museums, libraries or like institutions under public
ownership to other museums, libraries and like institutions under public
ownership, for which, the institutions involved shall be instructed by the
departments for cultural administration to recover the cultural relics sold
or presented as gifts and shall have the illegal earnings derived therefrom
confiscated or shall be fined; and the persons in charge and the persons
directly responsible shall be given administrative sanctions by the units to
which they belong or their higher authorities.

    Item (2) of Article 30 which reads: “buying or selling cultural relics
without the approval of the departments for cultural administration, for
which the persons involved shall be warned or fined by the departments for
the administration of industry and commerce, and their illegal earnings and
the cultural relics illegally handled by them may be confiscated,” is amended
to read: “buying or selling cultural relics without the approval of the
departments for cultural administration, for which, the persons involved
shall have their illegal earnings derived therefrom and the cultural relics
illegally handled confiscated by the administrative departments for industry
and commerce on their own or as suggested by the departments for cultural
administration, and may concurrently be fined.”

    A new paragraph is added to Article 30 as its second paragraph which
reads: “Anyone who is not satisfied with the administrative sanctions made in
accordance with the provisions of the preceding paragraph may apply for
reconsideration or bring a lawsuit according to law.”

    2. The following provisions are added to Article 31: (1) “selling or
presenting as gifts without permission any cultural relics in their
collection by museums, libraries or like institutions under public ownership
to any institution not under public ownership or to any individual, for which
the persons in charge and the persons directly responsible shall be
investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 187 of the Criminal Law;” (2) “functionaries of the
State who, by abusing their power, illegally appropriate any cultural relics
under State protection shall be deemed as embezzlers and punished as such;
those who have caused serious damage or losses to valuable cultural relics
shall be investigated for criminal responsibility by applying mutatis
mutandis the provisions of Article 187 of the Criminal Law.”

    The provisions of the first paragraph of Article 31 regarding the
investigation for criminal responsibility according to law is amended to
read: (1) the wording “smuggling valuable relics out of the country” in
Item (2) is amended to read: “smuggling cultural relics, the export of which
is prohibited by the State;” (2) a new item is added, which reads:
“excavating and robbing sites of ancient culture or ancient tombs.”

    The second paragraph of Article 31, which reads: “those who excavate
sites of ancient culture or ancient tombs without permission are punishable
for larceny”, is deleted.

    The third paragraph of Article 31, which reads: “those who sell valuable
cultural relics in private collections to foreigners without permission are
punishable for smuggling valuable cultural relics out of the country,” is
amended to read: “Any organization or individual who, without permission,
sells or presents as a gift to a foreigner any valuable cultural relics in
its, his or her collection, the export of which is prohibited by the State,
shall be deemed as smuggler and punished as such.”

    This Decision shall take effect as of the date of its promulgation.

    Article 30 and Article 31 of the Law of the People’s Republic of China on
the Protection of Cultural Relics shall be republished after being
correspondingly amended according to this Decision.
Appendix:  Article 30 and Article 31 of the Law of the People’s Republic
of China on the Protection of Cultural Relics

    (Amended according to the Decision Regarding the Revision of Article 30
and Article 31 of the Law of the People’s Republic of China on the Protection
of Cultural Relics adopted at the 20th Meeting of the Standing Committee of
the Seventh National People’s Congress on June 29, 1991)

    Article 30  Administrative sanctions shall be applied to those who have
committed any of the following acts:

    (1) scrawling upon, defiling or mutilating cultural relics under State
protection in not serious manners, or damaging or destroying signs put up in
accordance with the provisions of Article 9 of this Law for places to be
protected as cultural relics, for which the persons involved shall be fined
or instructed to compensate for the losses thus incurred by the public
security  department or by the units to which the cultural relics belong;

    (2) hiding cultural relics discovered underground, in inland waters, in
territorial seas or in other places and failing to report and deliver them to
the State,for which the persons involved shall be warned or fined by the
public security department and the cultural relics illegally acquired by them
shall be recovered;

    (3) undertaking construction projects within the scope of protection for
a historical and cultural site, in contravention of the provisions of
Article 11 of this Law, or constructing buildings or other structures within
the area delimited for the control of construction around a site to be
protected for its historical and cultural value, in contravention of the
provisions of Article  12 of this Law, for which the persons involved shall
be instructed by the departments for urban or rural planning on their own, or
by the said departments as suggested by the departments for cultural
administration, to stop the construction and dismantle the buildings or other
structures illegally constructed, or, shall be fined;

    (4) carrying out such activities as demolition or excavation in the
vicinity of sites to be protected for their historical and cultural value,
thus endangering the safety of the cultural relics, for which the persons
involved shall be stopped from continuing such activities by the public
security department or by the said department as suggested by the departments
for cultural administration, and may concurrently be fined;

    (5) buying or selling cultural relics without the approval of the
departments for cultural administration, for which, the persons involved
shall have their illegal earnings derived therefrom and the cultural relics
illegally handled confiscated by the administrative departments for industry
and commerce on their own or as suggested by the departments for cultural
administration, and may concurrently be fined;

    (6) dealing, by agencies of cultural relics, in any cultural relics, the
buying or selling of which is not permitted by the departments for cultural
administration, for which the agencies involved shall, after examination and
verification by the administrative departments for industry and commerce in
conjunction with the departments for cultural administration, have their
illegal earnings confiscated by the administrative departments for industry
and commerce, and may concurrently be fined or shall have the cultural relics
illegally handled confiscated;

    (7) selling cultural relics in private collections to foreigners without
permission, for which the persons involved shall be fined by the
administrative departments for industry and commerce, and the cultural relics
in question and the illegal earnings derived therefrom may also be
confiscated;

    (8) selling or presenting as gifts without permission any cultural relics
in their collection by museums, libraries or like institutions under public
ownership to other museums, libraries and like institutions under public
ownership, for which, the institutions involved shall be instructed by the
departments for cultural administration to recover the cultural relics sold
or presented as gifts and shall have the illegal earnings derived therefrom
confiscated or shall be fined; and the persons in charge and the persons
directly responsible shall be given administrative sanctions by the units to
which they belong or their higher authorities.

    Anyone who is not satisfied with the administrative sanctions made in
accordance with the provisions of the preceding paragraph may apply for
reconsideration or bring a lawsuit according to law.

    Article 31  Persons who commit any of the following acts shall be
investigated for criminal responsibility according to law:

    (1) misappropriating or stealing cultural relics of the State;

    (2) smuggling cultural relics, the export of which is prohibited by the
State, or serious cases of speculation in cultural relics;

    (3) wilful damage of valuable cultural relics or places of cultural and
historical interest under State protection;

    (4) excavating and robbing sites of ancient culture or ancient tombs; or

    (5) damage of, or losses to valuable cultural relics caused by the
dereliction of duty on the part of State functionaries.

    Selling or presenting as gifts without permission any cultural relics in
their collection by museums, libraries or like institutions under public
ownership to any institution not under public ownership or to any individual,
for which the persons in  charge and the persons directly responsible shall
be investigated for criminal responsibility by applying mutatis mutandis the
provisions of Article 187 of the Criminal Law.

    State functionaries who, by abusing their power, illegally appropriate
any cultural relics under State protection shall be deemed as embezzlers and
punished as such; those who have caused serious damage of or losses to
valuable cultural relics shall be investigated for criminal responsibility by
applying mutatis mutandis the provisions of Article 187 of the Criminal Law.

    Any organization or individual who, without permission, sells or presents
as a gift to a foreigner any valuable cultural relics in its, his or her
collection, the export of which is prohibited by the State, shall be deemed
as smuggler and punished as such.

    Personnel in charge of cultural relics who steal cultural relics placed
under their care shall be given heavier punishment according to law.






CIVIL PROCEDURE LAW






Law of Civil Procedure of the People’s Republic of China

    

(Adopted by the fourth session of the seventh National People’s Congress on 9th April 1991)

Part One General Principles

Chapter I. Tasks, Scope of Application and Basic Principles

   Article 1. The Law of Civil Procedure of the PRC takes the Constitution as its basis. It is enacted in the light of China’s experience in handling
civil cases and the actual conditions.

   Article 2. The tasks of the Law of Civil Procedure of the PRC are to protect the party from a lawsuit in exercising its litigant rights and
to ensure that the People’s Court establishes the truth based on facts, distinguishes right from wrong, applies laws correctly, handles
civil cases promptly, ascertains the relationship between civil rights and obligations, takes sanctions against civil violations,
safeguards the legitimate rights and interests of the party to a lawsuit, educates the citizens to abide conscientiously by the law,
safeguards social and economic order and ensures the smooth progress of socialist construction.

   Article 3. Provisions of the Law apply to civil lawsuits between citizens, between legal persons and between other organizations, as well as
among them, filed because of property and personal relationship, and are handled by the People’s Court.

   Article 4. Civil proceedings within the territory of the PRC shall abide by this Law.

   Article 5. In filing a lawsuit and responding to a lawsuit in the People’s Court, foreigners, people without nationality, foreign enterprises
and other organizations shall have the same equal litigant rights and obligations as the citizens, legal persons and other organizations
of the PRC.

Should the court of a foreign country restrict the civil litigant rights of the citizens, legal persons and other organizations of
the PRC, the People’s Court of the PRC shall exercise a reciprocal principle on the civil litigant rights of the citizens, enterprises
and other organizations of that country.

   Article 6. The judicial authority over civil cases is exercised by the People’s Court.

In civil proceedings, the People’s Court administers justice independently according to law, subject to no interference by administrative
organs, organizations or individuals.

   Article 7. In civil proceedings, the People’s Court shall base itself on facts and take the law as the criterion.

   Article 8. In civil proceedings, the litigants shall have equal litigant rights. In handling a civil case, the People’s Court shall ensure and
make it convenient for the litigants to exercise their litigant rights; in the application of the law, the litigants are deemed as
equals.

   Article 9. In civil proceedings, the People’s Court shall promote mediation in accordance with the principle of voluntariness and legitimacy;
a court decision shall be made promptly when mediation has failed.

   Article 10. In civil proceedings, the People’s Court practices the system of collegiate bench, withdrawal and public trial, and the system of
two instances, the first and the final.

   Article 11. Citizens of all nationalities have the right to use their own languages, spoken or written, in civil proceedings.

In districts compactly inhabited by a minority nationality or by a number of nationalities, the People’s Court shall hear cases and
issue legal documents in the commonly used language in the locality.

The People’s Court shall provide interpretation for a litigant participant unacquainted with the spoken or written language commonly
used in the locality.

   Article 12. When the People’s Court is hearing a civil case, the litigant has the right of debate.

   Article 13. Litigants have the right of disposing of their own civil rights and litigant rights within the limits prescribed by law.

   Article 14. The People’s Procuratorate has the right of legal supervision over the trials of civil cases.

   Article 15. Organs, social organizations, enterprises and institutions may support the injured units or individuals to file a suit with the People’s
Court against acts that damaged the civil rights or interests of the state, collectives or individuals.

   Article 16. The People’s Mediation Committee is a mass organization that mediates civil disputes under the guidance of the ground-level people’s
government and ground-level people’s court.

The People’s Mediation Committee conducts mediation according to the law and the principle of voluntariness. Litigants shall honor
the agreement reached through mediation; those who do not wish to mediate, or fail to reconcile their difference, or go back on their
word, may file a suit at the People’s Court.

The People’s Court shall correct any violations of law committed by the People’s Mediation Committee during mediation.

   Article 17. The People’s Congress of ethnic autonomous regions may draft flexible or supplementary provisions in accordance with the principles
incorporated in the Constitution and this Law, as well as the specific ethnic conditions in their localities. The provisions of an
autonomous region shall be reported to the NPC Standing Committee for ratification. The provisions of an autonomous prefecture and
county shall be reported to the standing committee of the provincial or autonomous regional people’s congress for ratification, and
to the NPC Standing Committee for the record.

Chapter II. Jurisdiction

Section One: Differentiated Jurisdiction

   Article 18. Unless otherwise stipulated in this Law, the ground-level people’s court is competent to rule on the first instance of civil cases.

   Article 19. The intermediate people’s court is competent to rule on the first instance of the following cases

(1) Major cases involving foreigners;

(2) Cases of great impact within its jurisdiction;

(3) Cases determined by the Supreme People’s Court as coming under its jurisdiction.

   Article 20. The Higher People’s Court is competent to rule on the first instance of civil cases having great impact within its jurisdiction.

   Article 21. The Supreme People’s Court is competent to rule on the first instance of the following civil cases

(1) Cases having great impact nationwide;

(2) Cases it deems necessary to try.

Section Two: Regional Jurisdiction

   Article 22. A civil suit against a citizen comes under the jurisdiction of the people’s court at the place where the defendant is domiciled;
where the defendant’s domicile and regular abode is different, the case comes under the jurisdiction of the people’s court at the
place of his regular abode.

A civil suit against an institution or any other organization comes under the jurisdiction of the people’s court at the place where
the defendant is registered.

When the domiciles and regular abodes of several defendants in the same civil suit come under the jurisdiction of two or more people’s
courts, they all have the right of jurisdiction.

   Article 23. The following civil suits come under the jurisdiction of the people’s court at the place where the plaintiff is domiciled; where
the plaintiff’s domicile and regular abode is different, the case comes under the jurisdiction of the people’s court at the place
of his regular abode

(1) Actions concerning the identity of persons who do not reside within the domain of the PRC;

(2) Actions concerning the identity of persons whose whereabouts are unknown or who have been declared missing;

(3) Actions against persons undergoing re-education through labor;

(4) Actions against persons in prison.

   Article 24. Actions arising from disputes over contracts come under the jurisdiction of the people’s court at the place of their signing or the
place of their implementation.

   Article 25. The two parties to a contract may specify in writing, the jurisdiction of the people’s court of their choice with regard to the defendant’s
registered address, the place for honoring the contract, the place where the contract is signed, the plaintiff’s registered address
and the place of the tendered object, but they must not violate the provisions on differentiated jurisdiction and special jurisdiction
in this Law.

   Article 26. Actions arising from disputes over insurance contracts come under the jurisdiction of the people’s court at the place of the defendant’s
registered address, or at the place of the insured objects.

   Article 27. Actions arising from disputes over negotiable instruments come under the jurisdiction of the people’s court at the place where the
payment is to be made, or at the place where the defendant domiciled.

   Article 28. Actions arising from disputes over contracts concerning rail, road, water, air or through transportation come under the jurisdiction
of people’s court at the place of departure, destination or the place where the defendant is registered.

   Article 29. Actions against acts of encroachment come under the jurisdiction of the people’s court at the place where such acts are committed
or at the place where the defendant is domiciled.

Articles 30. Actions claiming compensation for damage arising from rail, road, water and air accidents come under the jurisdiction
of the people’s court at the place where such accidents occurred, or at the place where the vehicles or ships first arrived, or at
the place where the aircraft first landed, or at the place where the defendant is registered.

   Article 31. Actions claiming compensation for damage from ship collisions or other maritime accidents come under the jurisdiction of the people’s
court at the place where such collisions took place, or at the port where the damaged ship first arrived, or at the port where the
ship responsible for the damage is detained or registered.

   Article 32. Actions claiming salvage money come under the jurisdiction of the people’s court at the place of the salvage or at the port where
the salvaged ship first arrived.

   Article 33. Actions claiming common sea damage come under the jurisdiction of the people’s court at the port where the ship first arrived, or
at the place where common sea damage is settled, or at the port where the journey ends.

   Article 34. The following cases come under the special jurisdiction of the people’s court provided for by this article:

(1) Actions started on account of disputes over immovable property come under the jurisdiction of the people’s court at the place
of the immovable property;

(2) Actions started on account of disputes arising from harbor operations come under the jurisdiction of the people’s court at the
place of the harbor;

(3) Actions started on account of disputes over inheriting property come under the jurisdiction of the people’s court at the place
of the residence of the benefactor at the time of his death or the place of the principal property.

   Article 35. Where an action comes under the jurisdiction of two or more people’s courts, the plaintiff may file a suit at any of them; where
the plaintiff brings an action with two or more people’s courts which are competent, the case shall be handled by the people’s court
that is the first to place the case on file.

Section Three: Transferred Jurisdiction and Designated Jurisdiction

   Article 36. When a people’s court becomes aware that the case it is handling does not come under its jurisdiction, it shall transfer the case
to the competent people’s court which shall handle the case. When a people’s court considers that, according to the rules, it does
not have the right of jurisdiction over a case referred to it, it shall request the superior people’s court level to designate the
jurisdiction and shall make no further transfer by itself.

   Article 37. Where the competent people’s court is unable to perform its right of jurisdiction on special accounts.

Where the right of jurisdiction is in dispute between people’s courts, it shall be resolved through consultation by the two parties
involved; where consultation has failed, they shall request their common superior people’s court to designate the jurisdiction.

   Article 38. Where a party has an objection to the right of jurisdiction after the case is accepted by the people’s court, the party shall raise
its objection at the time of submitting a written reply. The people’s court shall examine the objection raised by the party. Where
the objection is tenable, a ruling shall be made to transfer the case to the competent people’s court; where the objection is untenable,
it shall reject the objection.

   Article 39. A superior people’s court has the right to conduct as the first instance the trial of a civil case which is under the jurisdiction
of an inferior people’s court; it may also refer a civil case under its own jurisdiction of first instance to an inferior people’s
court for trial.

Where an inferior people’s court considers that a civil case of first instance under its jurisdiction should be tried by a superior
people’s court, it may request that the case be referred to the latter.

Chapter III. Trial Group

   Article 40. In civil cases of first instance in the people’s court, justice is administered by a collegiate bench made up of either judges and
assessors, or only of judges. Members of the collegiate bench must total an odd number.

In civil cases where simple procedures are applicable, justice is administered by one judge independently.

Assessors during the exercise of their functions have equal rights and obligations with the judges.

   Article 41. In civil cases of second instance in the people’s court, justice is administered by a collegiate bench made up of judges. Members
of the collegiate bench must total an odd number. The trial de novo of a case returned shall be conducted by a newly organized collegiate
bench in the trial court in accordance with the procedure of first instance.

A case originally of first instance shall be tried de novo by a newly organized collegiate bench in accordance with the procedure
of first instance; a case originally of second instance shall be tried de novo by a newly organized collegiate bench in accordance
with the procedure of second instance.

   Article 42. The presiding judge of the collegiate bench shall be appointed by the president of the court or by a chief judge from among the judges;
where the president of the court or the chief judge takes part in the trial, he shall act as the presiding judge.

   Article 43. The principle of the minority being subordinate to the majority is followed in the deliberation of the collegiate bench. The minutes
of the deliberation shall be made and signed by all members of the collegiate bench. Differing opinions must be recorded accurately.

   Article 44. Judges shall handle cases impartially and in accordance with the law.

Judges may not accept dinner invitations or gifts from the litigants or their legal representatives.

The legal liability of judges, who take bribes, practice favouritism, engage in fraudulent practices and bend the law in administering
justice, shall be pursued. In cases where such acts constitute crimes, the criminal liability involved shall be investigated pursuant
to the law.

Chapter IV. Withdrawal

   Article 45. In any of the following circumstances, a judge must withdraw from the exercise of his functions, and a litigant is enpost_titled to challenge
him in verbal or written form

(1) Where he is a litigant in the case or a close relative of a litigant or his legal representative;

(2) Where he has an interest in the case;

(3) Where he has other relations with a litigant, which may affect fairness in the administration of justice.

The provisions of the preceding paragraph are applicable to recording clerks, interpreters, expert witnesses and inspectors.

   Article 46. In challenging, a litigant shall submit the reasons at the beginning of the hearing; where the cause of the withdrawal is learned
after the hearing commences, the challenge may be raised before the conclusion of arguments in court.

Except for emergency measures required by the case, the person who is thus challenged shall temporarily stop exercising his functions
in the case before a people’s court makes a decision on the challenge.

   Article 47. The withdrawal of a court president who serves as the presiding judge shall be decided by a judicial committee, while that of a judge
shall be decided by the president; the withdrawal of other personnel shall be decided by the presiding judge.

   Article 48. A people’s court shall make a verbal or written decision on a litigant’s application for withdrawal within three days of filing the
application. If the applicant is dissatisfied with the decision, he may apply for reconsideration upon receipt of the decision. During
the period of reconsideration, the person who is challenged shall not stop exercising his functions in the case. The people’s court
shall make a decision on reconsideration and notify the applicant accordingly within three days of receiving the application.

Chapter V. Litigant Participants

Section One: Litigants

   Article 49. Citizens, legal persons and other organizations may act as litigants in civil proceedings.

A legal person shall be represented by his legal representative in the proceedings, while other organizations shall be represented
by their principal leaders.

   Article 50. A litigant has the right to entrust his representative with applying for withdrawal, collecting and presenting evidence, taking part
in arguments, requesting mediation, filing an appeal and requesting execution.

A litigant may inspect materials pertaining to the case, and copy such materials and legal documents. The extent to which materials
pertaining to the case can be inspected and copied, and the methods for doing so, shall be specified by the Supreme People’s Court.

A litigant must exercise his rights in accordance with the law, observe procedural order, and implement any legally binding verdict,
ruling and mediation agreement.

   Article 51. Litigants of the two parties may reconcile of their own accord.

   Article 52. The plaintiff may abandon or alter his request for litigation. The defendant may admit or retort the request, and has the right to
file a counter suit.

   Article 53. A joinder is a case in which the litigants of one or both parties involve two or more people with common litigant objects or objects
of the same type, and which a people’s court deems appropriate to handle together after obtaining the litigants’ consent.

Where the litigants of one party in a joinder have common rights and obligations regarding the litigant objects, the litigant acts
of one of them are binding on the others if the latter recognize the acts; where the litigants have no common rights or obligations
regarding the litigant objects, the litigant acts of any of them are not binding on the others.

   Article 54. The litigants of one party involving many people in a joinder may name a representative to handle the litigation. The representative’s
litigant acts are binding on the litigants he represents. However, the consent of the litigants thus represented must be obtained
when it comes to changing the representative, abandoning the request for litigation, recognizing the other party’s request for litigation
and seeking reconciliation.

   Article 55. Where a case exists in which the litigants are two or more in number with litigant objectives of the same type, but the exact number
is still not determined at the time of litigation, the people’s court may issue a public notice explaining the case and litigant
request and notifying those who have the right to join the litigation to register with the people’s court within a prescribed period.

The registered litigants may elect a representative; if they are unable to elect a representative, the court shall choose a representative
through consultation with the registered litigants.

The litigation acts of the representative are binding on the litigants he represents. When the representative acts to alter or abandon
the litigant request, recognize the litigant request of the other party, or reconcile, he must have the approval of the litigants
he represents.

The judgment or ruling of the people’s court is binding on all the registered individuals who have the right to join; it is also binding
on those with the right to join who did not take part in the registration but apply to start an action within the prescribed litigation
period.

   Article 56. A third party who deems himself enpost_titled to an independent request with regard to the litigant objectives of both parties has the
right to start an action.

Where a third party is not enpost_titled to an independent request as regards the litigant objectives in dispute, but is legally interested
in the results of the civil proceedings, he may apply to take part in the action or the people’s court may notify him to do so. A
third

party who is ordered to accept civil responsibility by the people’s court has the rights and obligations of a litigant.

Section Two: Litigant Representatives

   Article 57. Where the litigant is incapable of litigant action, he may be represented by his legal representative; where he has no legal representatives,
the people’s court shall appoint a representative for him. Where the legal representatives shirk the representation responsibilities
among themselves, the people’s court shall appoint one of them to represent the litigant in the action.

   Article 58. Litigants or legal representatives may entrust one or two persons to represent them in the action.

Lawyers, close relatives of the litigants, persons recommended by social organizations or the units where the litigants work, or other
citizens approved by the people’s court may be entrusted as litigant representatives.

   Article 59. Where a representative is entrusted in the action, a letter of attorney signed or sealed by the party that entrusted the representative
must be presented to the people’s court.

The letter of attorney must list the items of trust and the limit of powers. Where the litigant representative acts to recognize,
abandon or alter the litigant request, lodge a counter-charge or file an appeal, he must have the special authorization of the represented.

The letter of attorney from a Chinese citizen residing abroad must be certified by the Chinese embassy or consulate in the said country.
If there is no Chinese embassy or consulate, it should be certified by the embassy or consulate of a third country that has diplomatic
relations with China and then delivered to the Chinese embassy or consulate in that third country for certification, or it may be
certified by a patriotic overseas Chinese organization.

   Article 60. Where the power of a litigant representative is changed or removed, the litigant shall inform the people’s court in writing, and
the latter shall notify the litigant of the other party.

   Article 61. Lawyers acting as litigant representatives or other representatives of the litigant have the rights to investigate, collect evidence
and inspect the files of the case in question. The scope and procedure for inspecting the files of the case in question shall be
formulated by the Supreme People’s Court.

   Article 62. The parties involved in divorce cases shall appear before the court, except those incapable of expressing themselves, even though
there are litigant representatives; where the party is unable to appear before the court in special circumstances, he or she must
present his or her views in written form to the people’s court.

Chapter VI. Evidence

   Article 63. Evidence falls into the following categories

(1) Documentary evidence;

(2) Material evidence;

(3) Video and audio material;

(4) Testimony of witnesses;

(5) Statement by litigants;

(6) Conclusion of expert corroborations;

(7) Records of inspection.

T SIZE=”-1″>None of the aforementioned evidence shall serve as the basis of establishment of facts before it has been ascertained
and verified.

   Article 64. Litigants are obliged to present evidence for their assertions.

The people’s court shall investigate and collect evidence which litigants and their representatives cannot collect because of objective
reasons, or evidence which the people’s court deems necessary for the hearing.

The people’s court shall, in accordance with the legal procedure, examine and verify the evidence fully and objectively.

   Article 65. The people’s court has the right to acquire evidence from the relevant units and individuals, and they shall not refuse it.

The people’s court shall examine the documents provided as evidence by relevant units and individuals, distinguish the true from the
false and determine validity.

   Article 66. The evidence shall be displayed and cross-examined by the litigants at the court. Evidence involving state secrets, commercial secrets
and personal secrets shall be kept confidential. Where it is necessary to display such evidence, it shall not be done in public hearing.

   Article 67. The people’s court shall acknowledge the validity of legal acts, legal facts and documents that have been notarized through legal
procedure, except those that can be overturned by counter-evidence.

   Article 68. Originals shall be presented as documentary or material evidence. Where there is indeed difficulty in presenting the originals, reproductions,
photos, copies or abridged versions may be presented.

Documentary evidence in foreign languages must be accompanied by a Chinese translation.

   Article 69. The people’s court shall distinguish the true from the false video and audio material, and, in conjunction with other evidence, determine
whether they can serve as the basis for the establishment of facts.

   Article 70. Whoever knows something about the case in question has the obligation to testify at the hearing. Leaders of the relevant units shall
support the witnesses to testify. Where the witness has difficulty in appearing at a hearing, he may present written testimony upon
the permission of the people’s court.

Those who are unable to express themselves accurately are unqualified to act as witnesses.

   Article 71. The people’s court shall examine the statement of a litigant in the light of the other evidence in the case and determine whether
it can serve as the basis of establishment of a fact.

Where a litigant refuses to make a statement, it shall not affect the establishment of facts in the case by the people’s court on
the basis of the evidence.

   Article 72. When the people’s court needs to corroborate special problems, it shall refer them to a legal corroboratory department; where there
is no legal corroboratory department, the people’s court shall designate a corroboratory department.

The corroboratory department and its designated expert witness have the right to acquaint themselves with the files of the case requiring
corroboration, and question the litigants and witnesses when necessary.

The corroboratory department and the expert witness shall submit a written conclusion of corroboration and sign or seal the corroboration
bill. Where it is corroborated by an expert witness, the bill shall be sealed by the unit where he works to prove his identity.

   Article 73. In inspecting material evidence or the scene, the inspector must produce the document of the people’s court and invite the local
basic organization or the litigant’s unit to send people to take part. The litigant or an adult member of his family shall be present
on the scene; if he refuses to be present, it shall not affect the inspection.

The relevant units and individuals, in accordance with the notice of the people’s court, have the obligation to protect the scene
and assist the inspection.

The inspector shall prepare a written record of the inspection and its results, which shall be signed or sealed by the inspector,
the litigant and the invited participants.

   Article 74. If the evidence should possibly be destroyed or lost, or if it would be difficult to obtain afterwards, the litigant participant
may request the people’s court for security of evidence; the people’s court may also take security measures on its own initiative.

Chapter VII. Period and Service

Section I: Period

   Article 75. The period includes the legal period and the period designated by the people’s court.

The period is computed in hours, days, months and years. The hour and the day from which the period begins are not included therein.

When the final day of the period falls on a holiday, the first day after the holiday shall be the date of the expiration of the period.

The period does not include the time of travel. Litigant documents which have been collected by the post office prior to the expiration
of the period are not deemed to be overdue.

   Article 76. Where the time limit has been exceeded owing to force majeure or other legitimate grounds, the litigant may, within 10 days after
the obstacle is removed, request an extension of the time limit; the people’s court shall decide on granting such a request.

Section II: Service

   Article 77. The service of litigant documents must be accompanied by a certificate of delivery upon which the addressee shall mark the date of
delivery and sign or seal.

The delivery date marked by the addressee on the certificate of delivery is the date of service.

   Article 78. Litigant documents shall be delivered directly to the addressee in person. When the addressee is a citizen and is absent, the documents
may be delivered to an adult member of his family who lives with him, and he shall sign upon delivery; when the addressee is a legal
person or other organizations, the legal representative of the legal person, the principal persons in charge of the organizations
or persons delegated by them shall accept the delivery and sign on their behalf; when the addressee delegates a litigant representative,
the documents shall be served upon this representative who shall sign upon delivery; and when the addressee already delegates a person
on

CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL OF THE NATIONAL DEVELOPMENT ZONES FOR HIGH AND NEW TECHNOLOGY INDUSTRIES AND RELEVANT POLICIES AND PROVISIONS

The State Council

Circular of the State Council Concerning the Approval of the National Development Zones for High and New Technology Industries and
Relevant Policies and Provisions

GuoFa [1991] No.12

March 6, 1991

In pursuance of the Decision of the Central Committee of the Communist Party of China on the Reform of the Science and Technology
System, a number of development zones for new and high technology industries have been successively established in recent years in
some large-and medium-sized technology-intensive cities and coastal areas, which have promoted the development of new and high technology
industries in our country. In order to act in the spirit of “further implementing the Torch Programme and managing well the development
zones for new and high technology,” as advocated in the Proposal of the Central Committee of the Communist Party of China on the
Formulation of the Ten-Year Programme and the Eighth Five-Year Plan for National Economic and Social Development so as to expedite
the development of new and high technology industries, the State Council has decided to designate another group of existing development
zones for new and high technology industries in various places as national development zones for new and high technology industries,
in addition to the Beijing Experimental Zone for the Development of New Technology Industries approved by the State Council in 1988,
and to bestow them preferential policies accordingly. The following are hereby notified:

1.

The State Council approves the designation, as examined and determined by the State Science and Technology Commission, of the following
21 development zones as the national ones for new and high technology industries:

Donghu New Technology Development Zone, Wuhan; Pukou Export-Oriented Development Zone for New and High Technologies, Nanjing; Nanhu
Science and Technology Development Zone, Shenyang; Tianjin New Technology Industries Park; Xi’an Development Zone for New Technology
Industries; Chengdu Development Zone for New and High Technology Industries; Weihai Torch Development Zone for High Technology Industries;
Zhongshan Torch Development Zone for High Technology Industries; Nanhu-Nanling New Technology Industries Park, Changchun; Harbin
High Technology Development Zone; Changsha Experimental Zone for the Development of Science and Technology; Fuzhou Science and Technology
Park; Tianhe Development Zone for New and High Technology Industries, Guangzhou; Hefei Science and Technology Industry Park; Chongqing
Development Zone for New and High Technology Industries; Hangzhou Development Zone for New and High Technology Industries; Guilin
Development Zone for New Technology Industries; Zhengzhou High Technology Development Zone; Ningwozhuang Experimental Zone for the
Development of New Technology Industries, Lanzhou; Shijiazhuang Development Zone for New and High Technology Industries; and Jinan
Development Zone for High Technology Industries.

2.

In addition, the Caohejin Development Zone for Newly-Emerged Technologies in Shanghai, Dalian New and High Technology Industries Park,
Shenzhen Science and Technology Industry Park, Xiamen Torch Development Zone for High Technology Industries and Hainan International
Science and Technology Industry Park, which have been respectively set up in the economic and technological development zones and
in the special economic zones, are also designated as the national development zones for new and high technology industries.

3.

The State Council authorizes the State Science and Technology Commission to be responsible for the examination and determination of
the bounds and the area of each national development zone for new and high technology industries, and for the relevant management
and specific guidance of each zone.

4.

The State Council approves the Requirements and Measures for the Acknowledgment and Determination of High and New Technology Enterprises
in the National Development Zones for High and New Technology Industries (Attachment I) and Interim Provisions on Policies for the
National Development Zones for High and New Technology Industries (Attachment II) both formulated by the State Science and Technology
Commission, and Provisions on the Tax Policy for the National Development Zones for High and New Technology Industries (Attachment
III) formulated by the State Administration of Taxation, which should all be observed and implemented.

5.

In the Beijing Experimental Zone for the Development of New Technology Industries, all transactions of business should be conducted
in accordance with the Interim Regulations of the Beijing Experimental Zone for the Development of New Technology Industries, except
for the magnitude control of investment in fixed assets and the reserved percentage of foreign exchange earned through exportation,
which should comply with the existing provisions.

It is of great significance for the readjustment of industrial structure, the promotion of the traditional industries transformation,
the improvement of labour productivity and the enhancement of international competitiveness to accelerate the commercialization and
industrialization of the achievements in high technology by relying on our own scientific and technical strength. All localities
and all relevant departments shall strengthen leadership over and give effective support to the development zones for new and high
technology industries and, in accordance with the relevant provisions and policies of the State, promote a sound development of new
and high technology industries of our country.

Attachment:

I: Requirements and Measures for the Acknowledgment and Determination of High and New Technology Enterprises in the National Development
Zones for New and High Technology Industries(omitted)

II: Interim Provisions on Policies for the National Development Zones for High and New Technology Industries(omitted)

III: Provisions on the Tax Policy for the National Development Zones for High and New Technology Industries(omitted)

 
The State Council
1991-03-06

 




LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON WATER AND SOIL CONSERVATION

The Standing Committee of the National People’s Congress

Law of the People’s Republic of China on Water and Soil Conservation

Order No. 49 [1991] of President

June 29, 1991

(Adopted at the 20th Meeting of the Standing Committee of the Seventh National People’s Congress on June 29, 1991 , Promulgated by
Order No. 49 of the President of the People’s Republic of China on June 29, 1991)

ContentsChapter I General Provisions

Chapter II Prevention

Chapter III Rehabilitation

Chapter IV Supervision

Chapter V Legal Responsibility

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated for the purpose of the prevention and control of soil erosion, the protection and rational utilization of water
and soil resources, the mitigation of disasters of flood, drought and sandstorm, the improvement of ecological environment and the
development of production.

Article 2

As used in this Law, the term ” water and soil conservation ” means preventive and rehabilitative measures taken against soil erosion
which is caused by natural factors or human activities.

Article 3

All units and individuals shall have the obligation to protect water and soil resources, prevent and control soil erosion, and also
have the right to report against any unit or individual that damages water and soil resources and causes soil erosion.

Article 4

The state shall, in relation to the work of water and soil conservation, implement the policy of prevention first, overall planning,
comprehensive prevention and control, adoption of measures suited to local conditions, strengthening management and stress on beneficial
results.

Article 5

The State Council and the local people’s governments at various levels shall regard the work of water and soil conservation as an
important duty, and adopt measures to ensure the prevention and control of soil erosion.

Article 6

The department of water administration under the State Council shall be in charge of the work of water and soil conservation throughout
the country. The departments of water administration under the local people’s governments at or above the county level shall be in
charge of the work of water and soil conservation in areas under their respective jurisdiction.

Article 7

The department of water administration under the State Council and those under the local people’s governments at or above the county
level shall, on the basis of investigation and assessment of water and soil resources, draw up water and soil conservation plans
in conjunction with other departments concerned. Such water and soil conservation plans shall be subject to the approval by the people’s
governments at the corresponding levels. Any water and soil conservation plan approved by the local people’s government at or above
the county level shall be submitted to the department of water administration under the people’s government at the next higher level
for the record. Any modification to be made to an approved water and soil conservation plan shall be re-submitted for approval to
the original approving department.

The people’s governments at or above the county level shall incorporate the tasks specified in the water and soil conservation plans
into their respective plans for national economic and social development, allocate special funds therefor and organize the implementation
thereof.

The people’s governments at or above the county level shall, in line with the actual conditions of soil erosion, designate key areas
on which preventive and rehabilitative efforts against soil erosion shall be focused.

Article 8

Units and individuals engaged in production and construction activities which may cause soil erosion must adopt measures to protect
the water and soil resources, and shall be responsible to take rehabilitative measures against the soil erosion resulted from their
production and construction activities.

Article 9

The people’s governments at various levels shall intensify the publicity of and education in water and soil conservation, and popularize
scientific knowledge concerning water and soil conservation.

Article 10

The state shall encourage the research in and raise the level of science and technology of water and soil conservation, popularize
the advanced technology in water and soil conservation, and train in a planned way scientific and technological personnel in the
field of water and soil conservation.

Article 11

Units and individuals that have made outstanding achievements in the prevention and control of soil erosion shall be awarded by the
people’s government.

Chapter II Prevention

Article 12

The people’s governments at various levels shall organize every citizen to engage in afforestation and encourage the planting of grass,
thereby enlarging forest-covered areas and increasing vegetation.

Article 13

The local people’s governments at various levels shall, in light of respective actual conditions, organize agricultural collective
economic organizations as well as state-owned agricultural, forest, and livestock farms to plant firewood forests, forage and green
manure crops, and to conduct in a planned way the closing of hillsides for facilitating afforestation and growing grass and the rotation
of closing and grazing periods, so as to check winds, fix drifting sand and preserve vegetation. Destroying forest or burning vegetation
for land reclamation and stripping vegetation and digging up tree stumps on steep hill slopes or in arid regions shall be prohibited.

Article 14

Reclamation of hillsides with a slope of over 25 degrees for cultivation of crops shall be prohibited.

The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, in line with
the actual conditions of the areas under their respective jurisdiction, prescribe the reclamation-forbidden slope of below 25 degrees.

The specific area of the reclamation-forbidden slope shall be determined and announced by the local people’s government at the county
level.

Anyone who has conducted reclamation for cultivation of crops on the reclamation-forbidden slopes before the entry into force of this
Law shall, on the basis of capital farming construction and in the light of the actual conditions, gradually stop the cultivation
and, instead, plant trees, grow grass and restore the vegetation, or build terraced fields thereon.

Article 15

Anyone who reclaims waste hillsides with a slope of above 5 degrees but under the prescribed reclamation-forbidden degrees must obtain
prior approval from the department of water administration under the people’s government at the county level; anyone who intends
to reclaim waste hills lopes owned by the state may apply to the people’s government at or above the county level for going through
the procedures for land reclamation only after obtaining approval from the department of water administration under the people’s
government at the county level.

Article 16

Felling of forest trees must be carried out in a rational manner and in line with the local conditions, and clear felling shall be
strictly controlled. Preventive measures against soil erosion shall be adopted in the felling areas and on skid trails, and reforestation
shall be accomplished in good time after the felling. With respect to protective forests such as those for water supply conservation,
water and soil conservation, windbreak and sand-fixation, felling shall only be permitted for tending and regeneration of forests.

For and felling in a forest area, water and soil conservation measures, for the felling area, worked out in accordance with the provisions
of the preceding paragraph, must be included in the felling plan thereof. After the felling plan is approved by the department of
forestry administration, the water and soil conservation measures for the felling area shall be implemented under the supervision
of the departments of water administration and forestry administration.

Article 17

Water and soil conservation measures must be adopted to prevent soil erosion when preparations for afforestation, tending of young
growth, and cultivation of commodity trees such as oil-tea camellia and tung tree are done on hillsides with a slope of above 5 degrees.

Article 18

In the construction of a railway, highway or water project, the disturbance of vegetation shall be minimized; waste sand, rocks and
earth thus created must be disposed of in an area specially designated for the purpose, and shall not be dumped out into any river,
lake, reservoir or any ditch or canal other than the specially designated area; slope protection must be built or other land management
measures adopted on hillslopes within the frontage of the railway and highway; after the project is completed, trees must be planted
and grass grown on the earth-fetching area, excavated land surface and the exposed land surface for the disposition of waste sand,
rock and earth, in order to prevent soil erosion.

In the establishment of a mining or electrical power enterprise or any other large or medium-sized industrial enterprise, the abandoned
stripped topsoil, waste rock, tailings and residues must be disposed of in a specially designated area, and shall not be dumped out
into any river, lake, reservoir or any ditch or canal other than the specially designated area. If the vegetation is damaged on account
of the mining or construction, measures must be taken to rehabilitate the topsoil and vegetation, thereby preventing soil erosion.

Article 19

When the construction of a railway, highway or a water project is carried out, a mining or electrical power enterprise or any other
large or medium-sized industrial enterprise is established in a mountainous, hilly or sandstorm area, the environmental impact statement
for the project must include a water and soil conservation programme approved by the department of water administration. The water
and soil conservation programme shall be drawn up in accordance with the provisions of Article 18 of this Law.

Where a township collective mining enterprise is to be set up or an individual is to apply for mining, in accordance with the provisions
of the Law on Mineral Resources, in a mountainous, hilly or sandstorm area, a water and soil conservation programme approved by the
department of water administration under the people’s government at or above the county level must be submitted before the application
for going through the approving procedures for mining operation is made.

Water and soil conservation facilities in a construction project must be designed, constructed and put into operation simultaneously
with the principal part of the project. When a construction project is completed and checked for acceptance, the water and soil conservation
facilities shall be checked for acceptance at the same time, with personnel from the department of water administration participating.

Article 20

The local people’s governments at various levels shall take measures to strengthen the control over such production activities as
mining, earth-fetching, sand-digging and quarrying, so as to prevent soil erosion.

Earth-fetching, sand-digging and quarrying shall be prohibited in areas in danger of land-collapsing or land-sliding or where mudrock
flow is liable to occur. The scope of such areas shall be determined and announced by the local people’s governments at or above
the county level.

Chapter III Rehabilitation

Article 21

The people’s governments at or above the county level shall, in accordance with the water and soil conservation plans, organize competent
administrative departments and units concerned to engage in a planned way in the rehabilitation of soil erosion.

Article 22

In a water-eroded region, by taking a small river basin comprising the natural ravines and flanking hillslopes as a unit, a comprehensive
system for the prevention and control of soil erosion shall be set up on the basis of overall planning and comprehensive rehabilitation.

In a wind-eroded region, such measures as exploitation of water resources, water diversion for sand removal, planting of trees and
growing of grass, installation of artificial sandbreak and forest network shall be adopted to build a protective system for windbreak
and sand-fixation, thereby controlling hazards of sand storms.

Article 23

The state shall encourage the agricultural collective economic organizations and farmers in soil-eroded regions to carry out rehabilitation
of soil erosion, and shall also practice a policy of giving support as to fund, energy, grain, taxation, etc.; the specific measures
thereof shall be prescribed by the State Council.

Article 24

The local people’s governments at various levels shall organize agricultural collective economic organizations and farmers to manage
in a planned way the cultivated land with a slope of above 5 degrees but under the reclamation-forbidden degrees, by taking in line
with different conditions such water and soil conservation measures as regulating drainage systems, building terraced fields, and
practicing a method of cultivation conducive to water and soil conservation.

Article 25

In soil-eroded regions, any individual who contracts for the use of land owned by the collective shall include the responsibility
of rehabilitating soil erosion in the contract.

Article 26

The rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks and desolated beaches may be contracted to agricultural
collective economic organizations, individual farmers or leaseholding household groups.

Where the rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks or desolated beaches are contracted out,
contracts for the rehabilitation of soil erosion shall be concluded according to the principle of the benefits derived therefrom
to be enjoyed by the contractors for the rehabilitation.

The trees planted on account of the contracted rehabilitation and the fruits yielded therefrom shall belong to the contractors; and
the land expanded as a result of the contracted rehabilitation shall be used by the contractors.

The state shall protect the lawful rights and interests of the parties to a contract for rehabilitation. Within the term of the contracted
rehabilitation, if a contractor dies, his or her successor (s) may, in accordance with the agreements stipulated in the contract,
continue to undertake the contract.

Article 27

Any enterprise or institution must, in the course of construction or production, adopt water and soil conservation measures, and shall
be responsible for the rehabilitation of the soil eroded. If an enterprise or institution is unable to carry out the rehabilitation,
the department of water administration shall undertake the task, and the cost thus entailed shall be borne by the enterprise or institution
that has caused the soil erosion.

The expenses for the prevention and control of soil erosion arising in the course of construction shall be allocated from the capital
construction investment; the expenses for the prevention and control of soil erosion arising in the course of production shall be
allocated from the production cost.

Article 28

The people’s governments at or above the county level shall organize departments concerned to inspect for acceptance the water and
soil conservation facilities built and the trees and grass planted in soil-eroded regions.

The management and protection of water and soil conservation facilities, experimental sites, trees and grass planted and other rehabilitation
achievements shall be strengthened.

Chapter IV Supervision

Article 29

The department of water administration under the State Council shall establish a monitoring network for water and soil conservation,
so as to conduct monitoring and prediction of the nation- wide soil erosion developments and publicly announce the results thereof.

Article 30

Personnel in charge of supervision over water and soil conservation in the departments of water administration under the people’s
governments at or above the county level shall have the right to carry out on-the-spot inspection on the situations of soil erosion
and the prevention and control thereof in areas under their respective jurisdiction. Units and individuals that are being inspected
must truthfully report the situations and provide necessary working conditions for the inspection.

Article 31

Any dispute arising among regions over the prevention and control of soil erosion shall be solved through consultation; if no settlement
is reached through consultation, the case shall be handled by the people’s government at the next higher level.

Chapter V Legal Responsibility

Article 32

In the case of any violation of the provisions in Article 14 of this Law by cultivation crops on reclamation-forbidden hillslopes,
the department of water administration under the people’s government at the county level shall order the cessation of the reclamation
and the adoption of remedial measures, and may also impose a fine.

Article 33

Where any enterprise, institution, or agricultural collective economic organization, without approval of the department of water administration
under the people’s government at the county level, reclaims waste hillsides with a slope of above 5 degrees but under the reclamation-forbidden
degrees, the department of water administration under the people’s government at the county level shall order the cessation of the
reclamation and the adoption of remedial measures, and may also impose a fine.

Article 34

In the case of earth-fetching, sand-digging or quarrying in areas in danger of land-collapsing or land-sliding or where mud-rock flow
is liable to occur, as designated by the local people’s government at or above the county level, the department of water administration
under the people’s government at or above the county level shall order the cessation of the above law-breaking acts and the adoption
of remedial measures, and shall also impose a fine.

Article 35

In the case of tree-felling in forest areas without adopting water and soil conservation measures, thus causing serious soil erosion,
the department of water administration shall report thereon to the people’s government at or above the county level for a decision
to order a rectification within a fixed period of time and the adoption of remedial measures, and shall also impose a fine

Article 36

Any enterprise or institution that causes soil erosion in the course of construction or production and fails to carry out rehabilitation
may, in light of the harmful consequences thus entailed, be punishable with a fine or be instructed to suspend its business for rehabilitation;
the responsible persons concerned shall be subjected to administrative sanctions by the unit where they work or by the competent
departments at higher levels.

The imposition of a fine shall be subject to a decision by the people’s government at the county level on a report submitted by the
department of water administration under the people’s government at the county level. The decision on ordering the suspension of
business for rehabilitation shall be made by the people’s government at the municipal or county level; the suspension of business
for rehabilitation for an enterprise or institution directly under the Central Government or a people’s government at the provincial
level shall be reported to the State Council or the provision people’s government for approval.

Any individual who engages in mining causes soil erosion and fails to carry out rehabilitation shall be punished in accordance with
the provisions of the preceding two paragraphs.

Article 37

Whoever hinders, by use of violence or threat, the performance of duty according to Law by personnel in charge of supervision over
water and soil conservation shall be investigated for criminal responsibility according to law; those who refuse to accept or hinders
the performance of duty by personnel in charge of supervision over water and soil conservation, but without resorting to violence
or use of threat, shall be punished by the public security organ in accordance with the Regulations on Administrative Penalties for
Public Security.

Article 38

If any party is not satisfied with the decision on administrative sanctions, it may, within 15 days after the receipt of the notice
of sanctions, apply for reconsideration to the organ at the next higher level over the one that has made the decision. The party
may also directly bring a suit in a people’s court within 15 days after the receipt of the said notice.

The reconsideration organ shall, within 60 days after the receipt of the application for reconsideration, make a reconsideration decision.
If the party concerned is not satisfied with the reconsideration decision, it may, within 15 days after the receipt of the reconsideration
decision, bring a suit in a people’s court. If the reconsideration organ fails to make a reconsideration decision within the time
limit, the party may, within 15 days after the expiration of the term for reconsideration, bring a suit in a people’s court.

If a party neither applies for reconsideration, nor brings a suit in a people’s court within the time limit, nor complies with the
decision on sanctions, the organ that has made the decision may apply to a people’s court for compulsory execution.

Article 39

Any individual or unit that causes damage from soil erosion shall bear the responsibility of removing the damage, and shall compensate
the units and individuals that have directly suffered the damage.

Any dispute over the liability or amount of compensation may, upon the request by a party, be dealt with by the department of water
administration; if the party is not satisfied with the decision thus made, it may bring a suit in a people’s court. The party may
also directly bring a suit in a people’s court.

In case of irresistible natural disasters, if damage from soil erosion cannot be avoided despite of taking reasonable measures promptly,
the individual or unit concerned shall be exempted from responsibility.

Article 40

In case a person in charge of supervision over water and soil conservation derelicts his or her duty or abuses his or her power and
thus brings losses to the public property or the interests of the state and the people, administrative sanctions shall be enforced
by the unit to which the offender belongs or by the competent department at a higher level; if the offence constitutes a crime, the
offender shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

Article 41

The State Council shall for mutate the implementing regulations in accordance with this Law.

The standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under the Central
Government may, in accordance with this Law and in the light of the respective actual conditions, formulate measures of implementation.

Article 42

This Law shall enter into force as of the date of promulgation. The Regulations on the Work of Water and Soil Conservation promulgated
by the State Council on June 30, 1982 shall be annulled on the same date.



 
The Standing Committee of the National People’s Congress
1991-06-29

 







DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE ESTABLISHMENT OF MARITIME COURTS IN COASTAL PORT CITIES

Decision of the Standing Committee of the National People’s Congress on the Establishment of Maritime Courts in Coastal Port Cities

     Important Notice: This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING
FOREIGN-RELATED MATTERS” (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s
Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese
shall prevail.

Whole Document DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’SCONGRESS ON THE ESTABLISHMENT OF MARITIME
COURTS IN COASTAL PORT CITIES(Adopted at the Eighth Meeting of the Standing Committee of theSixth National People’s Congress and
promulgated for implementation byOrder No. 20 of the President of the People’s Republic of China onNovember 14, 1984)To
meet the needs in the development of the country’s maritime transportand in its economic relations and trade with foreign
countries, effectively exercise the country’s judicial jurisdiction and handlemaritime affairs and maritime trade cases
promptly, so as to safeguard thelawful rights and interests of both Chinese and foreign litigants, thefollowing decisions have
been made:1. Maritime courts shall be established in certain coastal port citiesaccording to need. The establishment of such
courts, their alteration andtheir abolition shall be decided by the Supreme People’s Court.The establishment of adjudicatory apparatus
and administrative offices ofthe maritime courts shall be decided by the Supreme People’s Court.2. The maritime courts shall be
responsible to the standing committees ofthe people’s congresses of the municipalities where they are located.The judicial work
of maritime courts shall be subject to supervision bythe higher people’s courts in their respective localities.3. The maritime
courts shall have jurisdiction over maritime cases andmaritime trade cases of first instance; they shall not handle criminalcases
or other civil cases. The designation of the jurisdiction area foreach maritime court shall be decided by the Supreme People’s
Court.The higher people’s court in the locality where a maritime court islocated shall have jurisdiction over appeals against
the judgments andorders of the maritime court.4. The president of a maritime court shall be appointed or removed by thestanding
committee of the people’s congress of the city where the court islocated, upon a proposal submitted by the chairman of the
standingcommittee of the people’s congress. The vice- presidents, chief judgesand associate chief judges of divisions, judges
and members of thejudicial committee of a maritime court shall be appointed or removed bythe standing committee of the people’s
congress of the city where thecourt is located, upon a proposal submitted by the president of themaritime court.

    






CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL OF THE NATIONAL DEVELOPMENT ZONES FOR NEW AND HIGH TECHNOLOGY INDUSTRIES AND THE RELEVANT POLICIES AND PROVISIONS

Category  SCIENCE AND TECHNOLOGY Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1991-03-06 Effective Date  1991-03-06  


Circular of the State Council Concerning the Approval of the National Development Zones for New and High Technology Industries and
the Relevant Policies and Provisions


ANNEX I  Requirements and Measures for the Acknowledgement and
ANNEX II  Interim Provisions on Policies for the National Development
ANNEX III  Provisions on the Tax Policy for the National Development

(March 6, 1991)

    In pursuance of the Decision of the Central Committee of the Communist
Party of China on the Reform of the Science and Technology Management System,
a number of development zones for new and high technology industries have
been successively established in recent years in some large and mediumsized
technologyintensive cities and coastal areas, which have promoted the
development of new and high technology industries in our country. In order to
act in the spirit of further implementing the Torch Programme and managing
well the development zones for new and high technology, as advocated in the
Proposal of the Central Committee of the Communist Party of China on the
Formulation of the TenYear Programme and the Eighth FiveYear Plan for
National Economic and Social Development so as to expedite the development of
new and high technology industries, the State Council has decided to
designate another group of existing development zones for new and high
technology industries in various places as national development zones for new
and high technology industries, in addition to the Beijing Experimental Zone
for the Development of New Technology Industries approved by the State
Council in 1988, and to bestow them preferential policies accordingly. The
following are hereby notified:

    1. The State Council approves the designation, as examined and determined
by the State Science and Technology Commission, of the following 21
development zones as the national ones for new and high technology industries:

    Donghu New Technology Development Zone, Wuhan;

    Pukou ExportOriented Development Zone for New and High Technologies,
Nanjing;

    Nanhu Science and Technology Development Zone, Shenyang;

    Tianjin New Technology Industries Park;

    Xi’an Development Zone for New Technology Industries;

    Chengdu Development Zone for New and High Technology Industries;

    Weihai Torch Development Zone for High Technology Industries;

    Zhongshan Torch Development Zone for High Technology Industries;

    NanhuNanling New Technology Industries Park, Changchun;

    Harbin High Technology Development Zone;

    Changsha Experimental Zone for the Development of Science and Technology;

    Fuzhou Science and Technology Park;

    Tianhe Development Zone for New and High Technology Industries, Guangzhou;

    Hefei Science and Technology Industry Park;

    Chongqing Development Zone for New and High Technology Industries;

    Hangzhou Development Zone for New and High Technology Industries;

    Guilin Development Zone for New Technology Industries;

    Zhengzhou High Technology Development Zone;

    Ningwozhuang Experimental Zone for the Development of New Technology
Industries, Lanzhou;

    Shijiazhuang Development Zone for New and High Technology Industries; and

    Jinan Development Zone for High Technology Industries.

    2. In addition, the Caohejin Development Zone for NewlyEmerged
Technologies in Shanghai, Dalian New and High Technology Industries Park,
Shenzhen Science and Technology Industry Park, Xiamen Torch Development Zone
for High Technology Industries and Hainan International Science and
Technology Industry Park, which have been respectively set up in the economic
and technological development zones and in the special economic zones, are
also designated as the national development zones for new and high technology
industries.

    3. The State Council authorizes the State Science and Technology
Commission to be responsible for the examination and determination of the
bounds and the area of each national development zone for new and high
technology industries, and for the relevant management and specific guidance
of each zone.

    4. The State Council approves the Requirements and Measures for the
Acknowledgement and Determination of New and High Technology Enterprises in
the National Development Zones for New and High Technology Industries
(Annex I) and Interim Provisions on Policies for the National Development
Zones for New and High Technology Industries (Annex II) both formulated by
the State Science and Technology Commission, and Provisions on the Tax Policy
for the National Development Zones for New and High Technology Industries
(Annex III) formulated by the State Administration of Taxation, which should
all be observed and implemented.

    5. In the Beijing Experimental Zone for the Development of New Technology
Industries, all transactions of business should be conducted in accordance
with the Interim Regulations of the Beijing Experimental Zone for the
Development of New Technology Industries, except for the magnitude control of
investment in fixed assets and the reserved percentage of foreign exchange
earned through exportation, which should comply with the existing provisions.

    It is of great significance for the readjustment of industrial structure,
the promotion of the traditional industries transformation, the improvement
of labour productivity and the enhancement of international competitiveness
to accelerate the commercialization and industrialization of the achievements
in high technology by relying on our own scientific and technical strength.
All localities and all relevant departments shall strengthen leadership over
and give effective support to the development zones for new and high
technology industries and, in accordance with the relevant provisions and
policies of the State, promote a sound development of new and high technology
industries of our country.
ANNEX I  Requirements and Measures for the Acknowledgement and
Determination of New and High Technology Enterprises in the National
Development Zones for New and High Technology Industries

    Article 1  These Measures are formulated for the implementation of the
relevant policies and provisions on the national development zones for new
and high technology industries approved by the State Council and the
promotion of the development of new and high technology industries in China.

    Article 2  New and high technology enterprises in the national
development zones for new and high technology industries (hereinafter
referred to as the development zones) shall be acknowledged and determined in
accordance with these Measures.

    Article 3  The science and technology commissions of provinces,
autonomous regions, municipalities directly under the Central Government and
cities separately listed in planning (hereinafter referred to as the
provincial or municipal science and technology commissions) shall be the
competent organs responsible for acknowledging and determining new and high
technology enterprises in the development zones and for supervising the
implementation of these Measures under the people’s governments of provinces,
autonomous regions, municipalities directly under the Central Government and
cities separately listed in planning. The offices of the development zones
shall, under the leadership of the relevant people’s governments and under
the guidance of the relevant provincial or municipal science and technology
commissions, handle the specific matters in examining and approving the
acknowledgement and determination of new and high technology enterprises.

    Article 4  In line with the current state of scientific and technical
development across the world, the scope of new and high technologies is
defined as follows:

    (1) microelectronics and electronic information technology;

    (2) space science and aero/space technology;

    (3) photoelectronics and photo-mechanic-electronic integration technology;

    (4) life science and bioengineering technology;

    (5) materials science and new-material technology;

    (6) energy science and new energy technology and efficient energy-saving
technology;

    (7) ecology science and environmental protection technology;

    (8) earth science and marine engineering technology;

    (9) science of fundamental matters and radiation technology;

    (10) medicine science and biomedical engineering;

    (11) other new processes and technologies applied on the basis of
traditional industries.

    This scope of new and high technologies will be supplemented and revised
in accordance with the continuous development of new and high technologies at
home and abroad, and the State Science and Technology Commission shall
announce the supplemented and revised scope.

    Article 5  A new and high technology enterprise shall be an
intellect-intensive and technology-intensive economic entity. The new and
high technology enterprise in a development zone shall meet the following
requirements:

    (1) being engaged in the research, development, production and business
operations of one or several high technologies and related products as
specified in Article 4 of these Measures, excluding purely commercial
business operations;

    (2) being independent in accounting and management, and responsible for
its own profits and losses;

    (3) being headed by scientific and technical personnel who are familiar
with the research, development, production and business operations of the
enterprise’s products, and are full-time employees of the enterprise;

    (4) having scientific and technical personnel with the educational
qualification at or above the level of higher learning who shall account for
at least 30 percent of the enterprise’s total staffs and workers; among them
at least 10 percent being engaged in research and development of new and high
technology products;

    As for the labour-intensive new and high technology enterprises which are
engaged in the production of new and high technology products or service, the
scientific and technical personnel with educational qualifications at or
above the level of higher learning shall account for at least 20 percent of
their total staffs and workers;

    (5) possessing a capital amounting to or exceeding one hundred thousand
yuan (RMB), as well as premises and facilities commensurate with the scale of
the business operation;

    (6) spending at least 3 percent of the enterprise’s annual gross income
on the research and development of new and high technology and related
products;

    (7) realizing a total of the technological income and output value of new
and high technologies exceeding 50 percent of the annual gross income of the
new and high technology enterprise that generally comprises the technological
income, output value of products from new and high technologies, output value
of products from conventional technologies, and technologically interrelated
trade;

    The technological income refers to earnings from technology consultancy
and transfer, the investment in the form of technologies in businesses,
technological service, training, project and contracting, the export of
technologies, the assimilation of imported technologies, and pilotplant
products that are performed by the new and high technology enterprise;

    (8) having explicit articles of association and strict technical and
financial management system;

    (9) having fixed a business duration of 10 years or longer.

    Article 6  For the setting up of a new and high technology enterprise, an
application shall be submitted to the office of the development zone
concerned for examination and acknowledgement, and then to a provincial or
municipal science and technology commission for approval, and a certificate
of new and high technology enterprise shall be issued by the approving
commission.

    Article 7  The offices of the development zones shall, in accordance with
requirements specified in Article 5 of these Measures, make regular
inspections on new and high technology enterprises. Enterprises which fail to
meet the aforesaid requirements may not enjoy the treatment provided for by
different policies for the national development zones for new and high
technology industries.

    Article 8  The time limit for the products to be listed as new and high
technology ones shall usually be no longer than five years. The time limit
may be extended to seven years after approval for new and high technology
products that need a longer technical cycle.

    Article 9  Any change in the scope of business operation, amalgamation or
breakup, divertion in trade, removal to a new site or close-down of new and
high technology enterprises shall be approved beforehand by the office of the
development zone concerned. The enterprises shall register such changes with
the relevant departments in charge of industry, commerce and taxation.

    Article 10  Any State-owned scientific and technological research unit
located in a development zone which has become a financially independent unit
after the reduction of its Statefunded administration and undertaking
expenses according to the provisions of the State and which meets the
requirements specified in Article 5 of these Measures may be acknowledged as
a new and high technology enterprise upon verification by the office of the
development zone concerned.

    Article 11  These Measures shall replace the Interim Provisions on the
Requirements and Standards for the Acknowledgement and Determination of New
and High  Technology Enterprises promulgated earlier by the State Science and
Technology Commission.

    Article 12  The provincial and municipal science and technology
commissions shall work out detailed rules for the implementation of these
Measures. Any discrepancy found in the original detailed rules for the
implementation shall be revised in accordance with these Measures.

    Article 13  The State Science and Technology Commission shall be
responsible for the interpretation and revision of these Measures.

    Article 14  These Measures shall be put into effect as of the date of
approval by the State Council.
ANNEX II  Interim Provisions on Policies for the National Development
Zones for New and High Technology Industries

    Article 1  These Provisions are formulated to foster the establishment of
new and high technology industries development zones in our country and
promote the development of new and high technology industries.

    Article 2  These Provisions shall apply to new and high technology
enterprises in the national development zones for new and high technology
industries acknowledged and determined in line with the “Requirements and
Measures for the Acknowledgement and Determination of New and High Technology
Enterprises in the National Development Zones for New and High Technology
Industries” formulated by the State Science and Technology Commission.

    Article 3  These Provisions cover all preferential policies except for
tax policy.

    Article 4  Matters concerning preferential tariffs and duties on imports
and exports shall be dealt with in accordance with the following stipulations:

    (1) For importing raw materials and component parts destined for
processing export products by new and high technology enterprises in the new
and high technology industries development zones, import license shall be
exempted. The Customs in charge shall check and release the above-mentioned
raw materials and parts against the export contracts and approval papers
issued by the new and high technology industries development zones.

    (2) Subject to the approval by the Customs, new and high technology
enterprises may set up in the new and high technology industries development
zones bonded warehouses or bonded factories. The Customs shall exempt import
duties, tax for the import products and tax on the added value of products in
accordance with the provisions on processing imported raw materials and parts
and the real export volume of the processed products.

    (3) The export products of new and high technology enterprises, except
for those restricted by the State or those otherwise stipulated, shall be
exempted from export duties.

    (4) Bonded export products shall not be marketed at home unless approved
by the original examination and approval authorities and the Customs, and
duties shall be levied according to the regulations. Of these products, those
that are specifically rationed by the State or require import license shall
go through the procedures for approving the import or for applying for the
import license according to the relevant provisions of the State.

    (5) The import of apparatus and equipment to be used by new and high
technology enterprises for the development of new and high technology and
which cannot be made at home shall be exempted from import duties against the
approval papers issued by the examination and approval authorities and after
the verification by the Customs.

    The Customs may, when deeming it necessary, set up agencies or station
supervisory groups in the new and high technology industries development
zones to supervise and control the imports and exports.

    Article 5  As regards import and export business, it is stipulated as
follows:

    (1) With the approval of the Ministry of Foreign Economic Relations and
Trade, technology import and export corporations may be set up in the new and
high technology industries development zones to promote the access of new and
high technology products to international  markets.

    (2) According to the relevant provisions of the State new and high
technology enterprises with good results in export business may be granted
the right to handle foreign trade transactions. New and high technology
enterprises may, with approval by relevant departments, set up branches
overseas according to business needs.

    Article 6  As regards capital and credits, it is stipulated as follows:

    (1) Banks shall give an active support to new and high technology
enterprises and do their best to provide enterprises with funds needed for
their development, production and construction.

    (2) Banks may arrange the issue of long-term bonds in definite sums for
the new and high technology industries development zones so as to raise funds
from the society to help the development of new and high technology
industries.

    (3) Departments concerned may establish venture investment funds in the
new and high technology industries development zones for the development of
new and high technology products with greater risks. Venture investment
companies may be set up in the new and high technology industries development
zones where conditions are available.

    Article 7  The capital construction projects for production and sales of
new and high technology enterprises shall be carried out according to the
overall plan, and be given priority to be brought into the local fixed
capital investment programmes.

    Article 8  Approved by the local people’s governments, new and high
technology enterprises may be exempted from subscribing for State key
construction bonds.

    Article 9  The new and high technology products developed by new and high
technology enterprises which have met qualifications of the import products
of the same kind in all quality standards and with a certain production scale
shall, after being examined and approved by the State Science and Technology
Commission jointly with other departments concerned, be listed in the
catalogue of the Staterestricted import commodities, and imports of such
products shall be restricted according to the existing regulations on import
control.

    Article 10  Prices of new products developed by new and high technology
enterprises involving Statecontrolled prices (including State-set and
State-guided prices), except for those of specific varieties that shall be
fixed by departments in charge of price control, may be fixed by the
enterprises themselves during a definite period of trial sale of the products
but shall report to departments in charge of the enterprises and price
control for record. Prices of new and high technology products which are not
under the State price control may be fixed by the enterprises themselves.

    Article 11  New and high technology enterprises may apply accelerated
depreciation of their apparatus and equipments used for development of new
and high technologies and production of their products.

    Article 12  All tax payments from new and high technology enterprises in
the new and high technology industries development zones, if not affecting
the portion to be handed over to the central financial department and with
the approval of the local people’s governments, shall be based on the level
of such payments levied in 1990, and the amount of taxes collected in excess
thereof shall be returned, for a period of up to five successive years, to
the new and high technology industries development zones for their further
construction.

    Article 13  Matter related to overseas trips more than once in a year
made by business and technical personnel of new and high technology
enterprises shall be dealt with in accordance with the Circular of the
General Office and the State Council Concerning the Transmission of the
Request for Instructions Submitted by the State Science and Technology
Commission to Simplify the Examining and Approving Procedures for Certain
People of New and High Technology Enterprises with Respect to  Their Multiple
Exit from the Country.

    Article 14  All localities and departments shall, when planning
employment and recruiting staffs and workers, give priority to needs of new
and high technology enterprises for recruiting university graduates and
postgraduates, as well as returned students and experts.

    Article 15  People’s governments of provinces, autonomous regions,
municipalities directly under the Central Government or cities separately
listed in plan where the new and high technology industries development zones
approved by the State are located may work out measures for implementation in
line with these Provisions.

    Article 16  The State Science and Technology Commission shall, jointly
with other departments concerned, inspect at regular intervals the new and
high technology industries development zones. The implementation of
preferential policies shall be suspended in those zones poorly managed or
showing slow progress, even to the degree of cancellation of their
qualifications as the national new and high technology industries development
zones.

    Article 17  The State Science and Technology Commission and other
departments concerned shall be responsible for the interpretation of these
Provisions.

    Article 18  These Provisions shall be put into effect as of the date of
approval by the State Council.
ANNEX III  Provisions on the Tax Policy for the National Development
Zones for New and High Technology Industries

    Article 1  These Provisions are formulated in order to accelerate the
healthy development of new and high technology industries of our country and
to further promote the establishment of the new and high technology
industries development zones.

    Article 2  These Provisions shall apply only to the acknowledged and
determined new and high technology enterprises (hereinafter referred to as
development zone enterprises) in the new and high technology industries
development zones (hereinafter referred to as development zones) approved by
the State Council.

    Article 3  The acknowledgement requirements and standards for the
development zones and development zone enterprises as well as the scope of
new and high technologies and the products thereof shall be dealt with
according to the unified provisions formulated by the State Science and
Technology Commission.

    Article 4  The income tax of development zone enterprises shall be levied
at a reduced rate of 15 percent from the date of their acknowledgement and
determination.

    Article 5  When the output value of export of a development zone
enterprise exceeds 70 percent of its total annual output value, the income
tax shall be levied at a reduced rate of 10 percent after being verified by
the taxation authorities.

    Article 6  A newly-established development zone enterprise may, upon
approval by the taxation authorities of an application filed by the
enterprise, be exempted from income tax in the first two operation years.

    A Chinese-foreign equity joint venture newly-established as a development
zone enterprise and scheduled to operate jointly for a period of 10 years or
more may, upon approval by the taxation authorities of an application filed
by the enterprise, be exempted from income tax in the first two years after
it has begun to make a profit.

    Development zone enterprises using foreign investments within the special
economic zones and economic and technological development zones shall be
subject to the administration of relevant tax policy of the special zones or
economic and technological development zones, and shall not be restricted by
the provisions of the above two paragraphs of this Article.

    On the expiration of the tax-free period, considerations of appropriate
tax reductions or exemptions for a definite period of time may, upon
approval, be given to the enterprises which still have real difficulties in
tax payment.

    Article 7  Development zone enterprises using domestic investments with
an annual net income not exceeding 300,000 yuan (RMB) from technological
transfer and consultation, services and trainings related to this transfer
shall be temporarily exempted from income tax for the above-mentioned amount;
for the portion exceeding 300,000 yuan (RMB), income tax shall be levied
according to the appropriate tax rate. For all new and high technology
products developed under the “Torch Programme”, and conforming to exemption
and reduction conditions for new products, the amount derived from tax
exemption or reduction on products and on the added value of products shall
be used specially for the technical development and shall be exempted from
income tax.

    Article 8  The amount derived from tax exemption or reduction for
development zone enterprises using domestic investments shall be regarded as
national support funds managed under an independent accounting system, and
shall be specially used for the development of new and high technologies and
their products under the supervision of relevant departments.

    Article 9  For a development zone enterprise jointly run with another
investing party, the party shall, according to its own enterprise financial
system, pay  retroactively the income tax or the portion to be handed over to
its superior department from the profit distributed to it after deducting the
tax levied in the development zone.

    Article 10  For development zone enterpri

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON THE STRICT PROHIBITION AGAINST PROSTITUTION AND WHORING

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1991-09-04 Effective Date  1991-09-04  


Decision of the Standing Committee of the National People’s Congress on the Strict Prohibition Against Prostitution and Whoring



(Adopted at the 21st Meeting of the Standing Committee of the Seventh

National People’s Congress on September 4, 1991, promulgated by Order No.51
of the President of the People’s Republic of China on September 4, 1991, and
effective as of September 4, 1991)(Editor’s Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)

    With a view to strictly prohibiting prostitution and whoring and severely
punishing criminals who organize, force, lure. shelter or procure any other
person or persons to engage in prostitution, so as to maintain the public
security order and good social morale, the relevant provisions of the Criminal
Law are supplemented or amended as follows:

    1. Whoever organizes any other persons or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
ten years or life imprisonment, and shall concurrently be punished with a fine
of not more than 10,000 yuan or confiscation of property; and if the
circumstances are especially serious, the offender shall be sentenced to
death, with the concurrent punishment of confiscation of property.

    Whoever assists in organizing any other person or persons to engage in
prostitution shall be sentenced to fixed-term imprisonment of not less than
three years and not more than ten years, and shall concurrently be punished
with a fine of not more than 10,000 yuan; and if the circumstances are
serious, the offender shall be sentenced to fixed-term imprisonment of not
less than ten years with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property.

    2. Whoever forces any other person or persons to engage in prostitution  
shall be sentenced to fixed-term imprisonment of not less than five years and
not more than ten years, and shall concurrently be punished with a fine of not
more than 10,000 yuan; under any of the following circumstances, the offender
shall be sentenced to fixed-term imprisonment of not less than ten years or
life imprisonment with the concurrent punishment of a fine of not more than
10,000 yuan or confiscation of property; and if the circumstances thus
involved are especially serious, the offender shall be sentenced to death, and
shall concurrently be punished with confiscation of property:

    (1) forcing a girl under the age of fourteen to engage in prostitution;

    (2) forcing many persons to engage in prostitution or forcing any other
person to engage in prostitution for many times;

    (3) forcing the victim to engage in prostitution after raping her;

    (4) causing serious bodily injury, death or other severe consequences on
the part of the person being forced to engage in prostitution.

    3. Whoever lures, shelters or procures any other person or persons to
engage in prostitution shall be sentenced to fixed-term imprisonment of not
more than five years or criminal detention, and shall concurrently be punished
with a fine of not more than 5,000 yuan; if the circumstances are serious, the
offender shall be sentenced to fixed-term imprisonment of not less than five
years, and shall concurrently be punished with a fine of not more than 10,000
yuan; and if the circumstances are relatively minor, the offender shall be
punished in accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.

    Whoever lures a girl under the age of fourteen to engage in prostitution  
shall be punished in accordance with the provisions on forcing girls under the
age of fourteen to engage in prostitution prescribed in Article 2 of this
Decision.

    4. Whoever engages in prostitution or whoring shall be punished in
accordance with the provisions in Article 30 of the Regulations on
Administrative Penalties for Public Security.

    With respect to persons who engage in prostitution or whoring, the public
security organs in conjunction with departments concerned may, at a designated
place, carry out compulsive education in law and morality and force them to
participate in productive labour, in order to rid them of the pernicious
habits. The term thereof shall range from six months to two years. The
specific measures shall be formulated by the State Council.

    Persons who, after being dealt with by the public security organs, engage  
in prostitution or whoring again, shall be given reeducation through labour
and punished by the public security organs with a fine of not more than 5,000
yuan.

    All persons who engage in prostitution or whoring shall be forced to go
through venereal disease inspection. Persons suffering from venereal diseases
shall be given compulsory medical treatment.

    5. Whoever suffering from serious venereal diseases such as syphilis and
gonorrhea knowingly engages in prostitution or whoring shall be sentenced to
fixed-term imprisonment of not more than five years, criminal detention or
public surveillance, and shall concurrently be punished with a fine of not
more than 5,000 yuan.

    Whoever whores with a girl under the age of fourteen shall be punished in
accordance with the provisions on the crime of rape as prescribed in the
Criminal Law.

    6. Any personnel of a unit in the trade of hotel, catering or
entertainment, or in taxi service, who, by taking advantage of his or her
work unit, organizes, forces, lures, shelters or procures any other person or
persons to engage in prostitution, shall be punished in accordance with the
provisions in Article 1, or Article 2 or Article 3 of this Decision.

    If any leading personnel of the units listed above commits any act
specified in the preceding paragraph, he or she shall be given a heavier
punishment.

    7. Where any unit in the trade of hotel, catering or entertainment, or in
taxi service takes a laissez-faire attitude as to activities of prostitution
or whoring taking place in the unit per se and fails to take any measure to stop
them, the public security organ shall impose on the unit a fine of not less
than 10,000 yuan but not more than 100,000 yuan, and may also order the unit
to make consolidation within a definite period or to suspend husiness for
purposes of consolidation. If it fails to make rectification after
consolidation, the competent department for industry and commerce shall revoke
its business license. The person or persons directly in charge and other
persons held directly responsible shall be given administrative sanctions by
the unit or by the competent departments at higher levels, and punished by the
public security organ with a fine of not more than 1,000 yuan.

    8. Where any leading personnel, staff member or worker of a unit in the
trade of hotel, catering or entertainment, or in taxi service conceals the
true situations or provides information for law-breaking offenders and
criminals when the public security organ investigates or deals with activities
of prostitution or whoring, he or she shall be punished in accordance with the
provisions in Article 162 of the Criminal Law.

    9. Where any State functionary charged with the duty of investigating and
prohibiting prostitution and whoring provides information and conveniences for
law-breaking offenders and criminals for the purpose of helping them escape
from punishment, he or she shall be punished in accordance with the provisions
in Article 188 of the Criminal Law.

    Whoever commits the crime mentioned in the preceding paragraph and
conspires with the criminal(s) beforehand shall be deemed as committing a
joint crime and punished as such.

    10. The illegal incomes gained from organizing, forcing, luring,
sheltering or procuring any other person or persons to engage in prostitution
and from prostitution shall be confiscated.

    All the incomes from fines and confiscations shall be turned over to the
State Treasury.

    11. This Decision shall enter into force as of the date of promulgation.






INCOME TAX LAW OF THE PEOPLE’S REPUBLIC OF CHINA FOR ENTERPRISES WITH FOREIGN INVESTMENT AND FOREIGN ENTERPRISES

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE SEVERE PUNISHMENT OF CRIMINALS WHO ABDUCT AND TRAFFIC IN OR KIDNAP WOMEN OR CHILDREN

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1991-09-04 Effective Date  1991-09-04  


Decision of the Standing Committee of the National People’s Congress Regarding the Severe Punishment of Criminals Who Abduct and
Traffic in or Kidnap Women or Children



(Adopted at the 21st Meeting of the Standing Committee of the Seventh

National People’s Congress on September 4, 1991, promulgated by Order No.52 of
the President of the People’s Republic of China on September 4, 1991, and
effective as of September 4, 1991)(Editor’s Note: In accordance with the
provisions of Article 452 of the Criminal Law of the People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on
March 14, 1997, and effective on October 1, 1997, the provisions regarding
administrative penalties and administrative measures in this Decision shall
continue to be in force and the provisions regarding criminal liability have
been incorporated into the revised Criminal Law)

    With a view to severely punishing criminals who abduct and traffic in or
kidnap women or children so as to protect the personal safety of women and
children and maintain the public security order, the relevant provisions of
the Criminal Law are supplemented or amended as follows:

    1. Whoever abducts and traffics in a woman or a child shall be sentenced  
to fixed-term imprisonment of not less than five years and not more than ten
years, and shall concurrently be punished with a fine of not more than 10,000
yuan; if under any of the following circumstances, the offender shall be
sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, with the concurrent punishment of a fine of not more than 10,000
yuan or confiscation of property; if the circumstances are especially serious,
the offender shall be sentenced to death with the concurrent punishment of
confiscation of property:

    (1) Being a ringleader of a gang engaged in the abduction of and
trafficking in women or children;

    (2) Abducting and trafficking in three or more women and/or children;

    (3) Raping the woman who is abducted and trafficked in;

    (4) Enticing or forcing the woman who is abducted and trafficked in to
engage in prostitution, or selling such woman to any other person or persons
who will force the woman to engage in prostitution;

    (5) Causing serious bodily injury or death or other severe consequences
of the woman or child who is abducted and trafficked in or of their relatives;

    (6) Selling a woman or a child out of the territory of China.

    Abducting and trafficking in a woman or a child mean any act of abducting,
buying, trafficking in, fetching or sending, or transferring a woman or a
child, for the purpose of selling the victim.

    2. Whoever kidnaps a woman or a child by means of violence, intimidation
or anaesthesia for the purpose of selling the victim shall be sentenced to
fixed-term imprisonment of not less than ten years or life imprisonment, and
shall concurrently be sentenced to a fine of not more than 10,000 yuan or
confiscation of property; and if the circumstances are especially serious,
the offender shall be sentenced to death with the concurrent punishment of
confiscation of property.

    Whoever steals a baby or an infant for the purpose of selling the victim
or extorting money or property shall be punished in accordance with the
provisions in the first paragraph of this Article.

    Whoever kidnaps any other person or persons for the purpose of extorting  
money or property shall be punished in accordance with the provisions in the
first paragraph of this Article.

    3. It shall be strictly prohibited for anyone to buy a woman or a child
who is abducted and trafficked in or kidnapped. Whoever buys a woman or a
child who is abducted and trafficked in or kidnapped shall be sentenced to
fixed-term imprisonment of not more than three years, criminal detention or
public surveillance.

    Whoever buys a woman who is abducted and trafficked in or kidnapped and
has sexual relations with her against her will shall be punished in accordance
with the provisions on the crime of rape in the Criminal Law.

    Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped, and illegally deprives the victim of his or her personal freedom
or restricts his or her personal freedom, or commits any criminal act such as
hurting, insulting or maltreating the victim, shall be punished in accordance
with the relevant provisions in the Criminal Law.

    Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped, and commits any criminal act as specified in the second or third
paragraph of this Article shall be punished in accordance with the provisions
on combined punishment for several crimes in the Criminal Law.

    Whoever buys a woman or a child who is abducted and trafficked in or
kidnapped and sells the victim afterwards shall be punished in accordance with
the provisions in Article 1 of this Decision.

    Whoever, having bought a woman or a child who is abducted and trafficked
in or kidnapped, does not obstruct the woman from returning to her original
place of residence according to her will, or does not maltreat the child nor
obstruct his or her rescue, shall be exempted from being investigated for
criminal responsibility.

    4. No individual or organization may obstruct the rescue of a woman or a
child abducted and trafficked in or kidnapped, nor may any individual or
organization extort the costs he or she or it has paid for buying such woman
or child and the living expenses thereof from the woman or child who is
abducted and trafficked in or kidnapped, or his or her family members, or his
or her rescuers. In case such costs and expenses have been extorted, they
shall be recovered.

    Whoever obstructs with violence or intimidation State functionaries from
rescuing a woman or a child who has been bought shall be punished in
accordance with the provisions in Article 157 of the Criminal Law; whoever  
obstructs, by providing assistance in transferring or hiding the victim or by
other means, State functionaries from rescuing a woman or a child who has been
bought, but without using violence or intimidation, shall be punished in
accordance with the provisions in the Regulations on Administrative Penalties
for Public Security.

    Major culprits who gather crowds to prevent State functionaries from
rescuing a woman or a child who has been bought shall be sentenced to
fixed-term imprisonment of not more than five years or criminal detention;
other participants in the offence shall be punished in accordance with the
provisions in the second paragraph of this Article.

    5. The people’s governments at various levels shall have the functions and
responsibilities to rescue a woman or a child who is abducted and trafficked
in or kidnapped. The rescue work shall be carried out by the public security
organs in conjunction with the departments concerned. Any State functionary
charged with functions and responsibilities to rescue who fails to make any
rescue effort on receiving a request for rescue by a woman or a child who is
abducted and trafficked in or kidnapped or by his or her family members or on
receiving a report thereon made by any other person and therefore results in
serious consequences, shall be punished in accordance with the provisions in
Article 187 of the Criminal Law; if the circumstances are relatively minor,
such State functionary shall be subjected to administrative sanctions.

    Any State functionary charged with functions and responsibilities to
rescue who, by taking advantage of his or her office, hinders the rescue,
shall be sentenced to fixed-term imprisonment of not less than two years and
not more than seven years; if the circumstances are relatively minor, such
State functionary shall be sentenced to fixed-term imprisonment of not more
than two years or criminal detention.

    6. The illegal incomes gained from abducting and trafficking in or
kidnapping a woman or a child shall be confiscated.

    All the incomes from fines and confiscations shall be turned over to the
State Treasury.

    7. This Decision shall enter into force as of the date of promulgation.






CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...