MEASURERS ON THE REGULATION OF PUBLIC COMPUTER NETWORKS AND THE INTERNET
PROVISIONS ON THE USE OF RED CROSS SIGNS
| Category | SOCIAL ORGANIZATION | Organ of Promulgation | The State Council and the Central Military Commission | Status of Effect | In Force |
| Date of Promulgation | 1996-01-29 | Effective Date | 1996-01-29 |
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Provisions of the People’s Republic of China on the Use of Red Cross Signs |
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Chapter I General Provisions
Chapter II Protective Use of Red Cross Signs
Chapter III Indicative Use of Red Cross Signs
Chapter IV Prohibitive Use of Red Cross Signs
Chapter V Penalties
Chapter VI Supplementary Provisions
(Promulgated by Decree No.194 of the State Council and the Central
Military Commission of the People’s Republic of China on January 29, 1996)
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Law on
the Red Cross Society and for the purpose of safeguarding the dignity of the
red cross signs and properly using the red cross signs.
Article 2 The red cross sign is the red cross on the white background.
Article 3 The red cross sign is the protection sign for international
humanitarianism, the special sign of the medical establishments of the armed
force and the sign specially used by the red cross society.
Except those described in these Provisions, the use of the red cross sign
by any organization or individual shall be prohibited.
Article 4 The red cross sign has both protection and indication roles,
each of which shall not be used in confusion.
Article 5 The local people’s government at different levels shall
supervise and administer on the use of the red cross signs within their
administrative areas according to these Provisions.
The local red cross society at different levels shall assist the local
people’s government at the same level with the supervision and administration
on the use of red cross signs.
Chapter II Protective Use of Red Cross Signs
Article 6 Protective use of red cross signs means that, during an armed
conflict, the conflicting parties shall give protection and respect to the
persons wearing the red cross signs according to these Provisions and to the
places and its articles and medical conveyance marked with red cross signs.
Article 7 When the red cross sign is used as protective sign, nothing
shall be added to the sign.
When the red cross sign is used as protective sign, if it is used on a
flag, the red cross sign shall not touch the boundary of the flag; if it is
used on an armband, the red cross sign shall be located in the middle of the
armband; if it is used on a building, the red cross sign shall be located on
the obvious part of the top of the building.
When the red cross sign is used as protective sign, it shall be able to be
identified from as far away as possible or from different direction; it shall
be lighted or decorated with the luminous body at night or when the visibility
is low.
Article 8 During an armed conflict, the following persons may use the
protective red cross signs:
(1) the medical personnel and staff member of the medical establishments
of the armed force;
(2) the medical personnel and staff member of the red cross society;
(3) the medical personnel and staff member of the international red cross
organization and foreign red cross organization approved by the State Council
or the Central Military Committee;
(4) the medical personnel and staff member in the military and civil
medical conveyance; or
(5) the personnel of volunteering relief body home and abroad approved by
the State Council or the Central Military Committee and the medical personnel
of civil medical establishments.
Article 9 During an armed conflict, the protective red cross signs may be
used by or on one of the following institution or organization and its
location, articles or medical conveyance:
(1) the medical establishments of the armed force;
(2) the red cross society taking part in the relief activity;
(3) the volunteering relief body and medical institution home and abroad
approved by the State Council or the Central Military Committee; or
(4) the international organization approved by the State Council or the
Central Military Committee.
Article 10 The person using protective red cross signs shall carry with
himself the identification certificate issued by the department with
authorization from the State Council or the Central Military Committee.
Article 11 The personnel and the location and its articles and medical
conveyance, of the medical establishments of the armed force, may use
protective red cross signs in peace time.
Chapter III Indicative Use of Red Cross Signs
Article 12 Indicative use of red cross signs means the indication of the
person or matter concerning the red cross activities.
Article 13 When the red cross sign is used as indicative sign, the name
or name abbreviation of the red cross society shall be accompanied under the
red cross sign and the red cross sign shall not be located on the top of the
building.
When the personnel or member of the red cross society and other relevant
personnel carry out their duties, they shall wear an armband of small size
marked with the red cross sign; when they do not carry out the duties, they
may wear a badge or brooch of small size on the breast marked with the red
cross sign.
Article 14 Any of the following persons may use the indicative red cross
signs:
(1) the staff member of the red cross society;
(2) the member of the red cross society; or
(3) youngsters member of the red cross society.
Article 15 The indicative red cross signs may be used in any of the
following places:
(1) the building used by the red cross society;
(2) the medical establishments belonging to the red cross society; or
(3) the places where the red cross society develops activities meeting
with its purpose.
Article 16 The indicative red cross signs may be used on any of the
following articles or conveyance:
(1) the badge, medal or insignia of the red cross society;
(2) the printed matters or propaganda material of the red cross society; or
(3) the first-aid or relief material and conveyance of the red cross
society.
Article 17 If indicative red cross signs are needed to be used exceeding
the extent described in these Provisions, approval shall be obtained from Head
Office of the Red Cross Society.
Chapter IV Prohibitive Use of Red Cross Signs
Article 18 The red cross signs shall not used:
(1) in the trademark or commercial advertisement;
(2) by those other than the red cross society or the medical
establishments of non-armed force;
(3) by medicine shop or veterinary station;
(4) in the goods package;
(5) in the mark of a company;
(6) in a project design or product design; or
(7) under other circumstances than those described in these Provisions
where the red cross signs may be used.
Chapter V Penalties
Article 19 To any of the following circumstances against these
Provisions, the red cross society shall be enpost_titled to dissuade it and demand
stopping use; if anyone refuses to stop use, the red cross society may submit
to the people’s government for ordering to stop use:
(1) where the indicative red cross signs are used by other person than the
staff member, member, or youngsters member of the red cross society;
(2) where the indicative red cross signs are used on or in the building
and other places which are not used by the red cross society;
(3) where the indicative red cross signs are used by the medical
establishments which do not belong to the red cross society;
(4) where the indicative red cross signs are used on the articles or
conveyance which do not belong to the red cross society; or
(5) under other circumstances to use the red cross signs against these
Provisions.
Article 20 Anyone who uses the red cross signs without authorization
against the provisions of Article 18 in these Provisions shall be ordered to
stop use, be confiscated with the illegal income and imposed upon a fine below
10,000 yuan by the people’s government at or above county level.
Article 21 Anyone who obstructs the staff member to carry out duties
according to the law shall be imposed upon administrative penalties for public
security or investigated for criminal responsibility according to the law.
Article 22 Any organization or individual from the armed force who
violates these Provisions shall be dealt with by the relevant military
department.
Chapter VI Supplementary Provisions
Article 23 If there is anything concerning the protective use of red
cross signs not covered in these Provisions, the relevant provisions of Geneva
Convention and its appended agreements shall apply.
Geneva Convention and its appended agreements described in the preceding
paragraph means the convention and agreements described in Article 27 of the
Law of the People’s Republic of China on Red Cross Society.
Article 24 These Provisions shall come into force as of the date of
promulgation.
ADMINISTRATION ORDINANCE ON DEVELOPMENT AND MANAGEMENT OF URBAN REAL ESTATE
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(Effective Date:1996.08.14–Ineffective Date:)
CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION Article 1 In order to standardize acts of development and management of urban real estate, to strengthen the supervision and administration Article 2 Development and management of real estate, as referred to in the present Ordinance, refer to acts of the construction of infrastructure Article 3 Development and management of real estate shall, in accordance with the principle of the unification of economic benefits, social Article 4 The construction administrative organ under the State Council shall be responsible for the supervision and administration of acts Organs of local people’s governments at or above the county level responsible for administration of development and management of In accordance with the provisions of laws and administrative regulations, organs of people’s governments at or above the county level
CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE Article 5 Besides complying with the requirements of establishment of enterprises stipulated in relevant laws and administrative regulations, (1) have registered capital of 1,000,000 yuan or more; (2)have 4 or more full-time technical personnel in the fields of real estate and construction engineering, who have obtained certificate In accordance with local situations, people’s governments of provinces, autonomous regions and municipalities directly under the state Article 6 When investing to establish real estate development enterprises, a foreign merchant shall, besides complying with the provisions Article 7 The establishment of real estate development enterprises shall apply to be registered with administrative organs for commerce and When examining application for registration of the establishment of real estate development enterprises, administrative organs for Article 8 Within 30 days after drawing management certificate, enterprises for real estate development shall put on record with the following (1) a copy of the management certificate; (2) the charter of the enterprise; (3) certificate for verification of capital; (4) ID of the legal representative of the enterprise; (5) cerficate of qualifications and contract of employment of professional technical personnel. Article 9 In accordance with the assets, professional technical personnel and achievements in development and management of real estate development
CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION Article 10 Real estate development projects shall be ascertained in accordance with the requirements of the overall plan for land use, annual Article 11 The ascertainment of real estate development projects shall, in accordance with the principle of integratition of the reconstruction Articel 12 The land for real estate development shall be obtained through remising; however, this shall not apply when it can be obtained Before the right to use land is remised or transferred, administrative organs responsible for urban planning and administrative organs (1) the essence, scale and duration of development of the project of real estate development; (2) the engineering requirements of urban planning; (3) the construction requirements concerning infrastructure and public utilities; (4) the defination of property rights after the infrastructure is constructed; (5) the requirements concerning the compensation and aftercare in relocation of the project. Article 13 The system of capital cash shall be set up in real estate development; the ratio of capital cash to total investment of the project Article 14 The development and construction of real estate development projects shall have overall arrangement in relevant infrastructure, which Article 15 Enterprises of real estate development shall carry out the development and construction of the project in accordance with the use Article 16 The real estate projects developed and constructed by enterprises for real estate development shall comply with the provisions of Real estate development enterprises shall be responsible for the quality of the real estate development projects developed and constructed Units of reconnaissance, design, construction and supervision shall bear corresponding responsibilities in accordance with the provisions Article 17 Real estate development projects shall not be delivered for use before they are completed and checked and accepted as qualified. After real estate development projects are completed, real estate development enterprises shall apply for check and acceptance after Article 18 On completion of group housing real estate projects such as housing districts, they shall be checked and accepted in accordance with (1) the circumstances of the implementation of the designing requirements of urban planning; (2) the circumstances of the construction of necessary infrastructure and public utilities as required by urban planning; (3) the circumstances of the check and acceptance of construction quality of separate projects; (4) the circumstances of the implementation of the plan of relocation; (5) the circumstances of the implementation of real estate administration. Group housing real estate development projects such as housing districts, which are developed in installments may be checked and accepted Article 19 Real estate development enterprises shall register in the pamphlet of real estate development projects the major affairs in the course
CHAPTER FOUR MANAGEMENT OF REAL ESTATE Article 20 The transfer of real estate development projects shall be in accordance with the requirements of Article 38 and Article 39 of Law Article 21 When transferring real estate development projects, the transferor and the transferee shall, within 30 days after the completion Articel 22 When real estate development enterprises transfer real estate development projects and the relocation and compensation Article 23 When selling commercial housing in advance, real estate development enterprises shall meet the following requirements: (1) have paid all the remuneration for assignment of the right to the use of land and obtained certificate of the the right to the (2) have certificate of construction project planning and certificate of construction; (3) calculated in accordance with the commercial housing provided for advance sale, the capital that has already been invested has (4) the registration for advance sale has been completed and the certificate of permission of advance sale of commercial housing has Article 24 When applying for registration of advance sale of commercial housing, enterprises of real estate development shall submit the following (1) the certifying materials as stipulated in Sections (1) to (3) of Article 23 of this Ordinance; (2) management certificate and certificate of the level of qualifications; (3) contract of construction; (4) ichnograph for separate stories of the commercial housing for advance sale; (5) plan for advance sale of commercial housing. Article 25 Administrative organs responsible for real estate development shall, within 10 days after receiving application for advance sale Article 26 Real estate development enterprises shall not engage in false advertising activities; the serial number of the certifying documents Article 27 When selling commercial housing in advance, enterprises for real estate development shall show to persons purchasing in advance the Enterprises for real estate development shall, within 30 days after the signing of contracts for advance sales of commercial housing, Article 28 When selling in advance commercial housing, the parties shall sign a written contract, which shall stipulate the area of construction Articel 29 When assigning intermediary institutions to sell commercial housing, enterprises for real estate development shall issue Article 30 The prices of the transfer of real estate development projects and of the sales of commercial housing shall be negotiated and agreed Article 31 When delivering commercial housing for use, enterprises for real estate planning shall issue letter of garuatee of quality and user’s Letter of garuatee of quality shall list the quality level as checked and examined by unit of supervision of the quality of the project, If, within the period of garuanteed repairing, the original utility of the housing is affected and damages are incurred upon the buyer Article 32 After the commercial housing is delivered for use and the buyer believes that the quality of the main structure doesn’t meet requirements, Article 33 The buyer of commercial housing sold in advance shall, within 90 days after the delivery of commercial housing for use, complete
Article 34 Those who engage in real estate development on themselves without obtaining management certificate in contravention to the present Article 35 Those who engage in real estate development without obtaining certificate of level of qualification or beyond their certificates Article 36 Those who deliver housing for use before it’s checked and accepted in contravention to the provisions of the present Ordinance shall Article 37 Those who deliver for use the housing that doesn’t pass check and acceptance in contravention to the provisions of the present Ordinance Article 38 Those who transfer real estate development projects on their own in contravention to the provisions of the present Ordinance shall Article 39 Those who sell commercial housing in advance on their own in contravention to the provisions of the present Ordinance shall be ordered Article 40 If, in the supervision and administration of real estate development and management, employees with state organs neglect their duty,
CHAPTER SIX MISCELLANEOUS PROVISIONS Article 41 For the development and management of real estate on state owned land outside urban planning areas , the supervision and administration Article 42 Lands that are owned by collectives within urban planning areas couldnt be used in real estate development and management before Article 43 The present Ordinance shall be effective upon the date of promulgation.
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PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF TELECOMMUNICATIONS SERVICES
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CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS CHAPTER IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS Article 1 (Purpose and Basis) The present Procedures are formulated in accordance with the relevant State stipulations and the “Provisions of Shanghai Municipality Article 2 (Definition) The telecommunications services specified in the present procedures refers to the various kinds of services, based on the customers’ Article 3 (Scope of Application) The present Procedures apply to the business operations of telecommunications services and their administration in this Municipality. Article 4 (Basic Principles) Business operations of telecommunication services shall be carried out in compliance with the following principles: monopolization Article 5 (Competent Departments and Coordinated Departments) The Post and Telecommunications Administrative Bureau of Shanghai Municipality (hereinafter referred to as “Municipal Post and Telecommunications The departments of industry and commerce, public security, price control, customs and radio transmission administration, shall, in
CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS Article 6 (Clarification of Telecommunications Services) The telecommunication services shall be divided into the monopolized sector and the free-competition sector. For those that fall under Article 7 (Scope of the Monopolized Sector) The following telecommunications services shall be monopolized by State- approved business operators of telecommunications services: 1. Telephone services, including local calls, long distance calls within the country, international calls, etc.; 2. Telegraph services, including telegraphs within the country, international telegraphs, fax services, etc.; 3. Other telecommunications services monopolized with the approval of the State. Article 8 (Scope of Permit System in Business Operations) For the following telecommunications services, a permit system shall be instituted: 1. Paging; 2. 800 MHz concentrated telephones; 3. 450 MHz mobile telephone communication; 4. Telecommunications through very-small satellite ground stations within the country; 5. Other telecommunications services to be run, with the approval of the State, under a permit system. Article 9 (The Scope of Reporting System in Business Operation) For the following telecommunications services, a system of application and official approval shall be instituted: 1. Telephone information services; 2. Computer information services; 3. Electronic mailboxes; 4. Electronic data interchange; 5. Visuals; 6. Other telecommunications services to be run, with the approval of the State, under a system of application and official approval. Article 10 (Qualifications for Application of Business Operation) One who applies for permission to do business in telecommunication shall have the following qualifications: 1. State-owned or collective-owned enterprises with corporate capacity or an enterprise whose interest is controlled by it; 2. Having technical and managerial personnel required for such business operations; 3. Having a fixed place for its business operations and the necessary facilities; 4. Having funds that satisfy the statutory requirements and are commensurate with the scope of its business operations; 5. Having telecommunication equipment that is connected with the public telecommunication networks, and that meets the State’s technical 6. Having the capability to supply long-term services for customers; 7. Having other qualifications required by the State. When organizations or individuals from abroad or foreign invested enterprises in China intend to do, or participate in, the business Article 11 (Materials Required When Submitting the Application) When applying for permission to do business in telecommunication, the applicant shall submit the following materials to the Municipal 1. Application for permission to do business in telecommunication; 2. List of names of the legal representative and chief technicians and executive officers; 3. Certificates regarding the place of business operations, relevant facilities and equipment; 4. Feasibility study report for doing business in telecommunications services, which covers the types of business scope of services, Article 12 (Application and Approval in Connection with the Monopolized Sector of Telecommunications Services) Application and approval in connection with the monopolized sector of telecommunication services shall follow the relevant State provisions. Article 13 (Application for Approval in Connection with the Free- Competition Sector of Telecommunications Services) One who is to be engaged in business operations that fall under the free-competition sector in this Municipality shall submit its Article 14 (Issuance of Permit) In connection with telecommunications services that need a permit, the Municipal Post and Telecommunications Bureau shall decide the Article 15 (Examination and Approval for Telecommunication Services That Need a Permit) The Municipal Post and Telecommunications Bureau shall examine the application within 30 days after it accepts the application regarding Permit may be issued by means of bids-invitation. The Municipal Post and Telecommunications Bureau shall issue the permit to bid winners An applicant shall establish an operative service system within 12 months after receiving the permit. Article 16 (Examination and Approval in Connection with Telecommunication Operations that Need Official Approval) The Municipal Post and Telecommunications Bureau shall complete the examination procedures within 30 days after receiving all application Article 17 (Other Examination and Approval Procedures) Those who have been permitted to do business in telecommunications shall bring their permits or official approvals to the administrative Article 18 (Filing for the Record) Those who have been officially approved by the Ministry of Post and Telecommunications to do interprovince or intercity business in Article 19 (Entrustment of the Monopolized Sector) Business operators in the monopolized sector of telecommunications may entrust qualified entities or individuals to do part of the Article 20 (Term, Renewal, Alteration and Termination of the Permit) The term of the permit shall be five years. The business operators who desires to continue their business operations after the expiration of the term of the permit shall go to When it is necessary to alter the scope of business during the term of the permit, the business operator shall go to the Municipal When it is necessary to have an early termination of the business operations during the term of the permit, the business operator The procedures for the examination and approval of renewal, alteration and termination of the permit shall be completed with reference Article 21 (Requirement for the Administration of the Permit and Official Approval) The permits and official approval documents shall not be forged, altered, lent or transferred to others.
CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS Article 22 (Check Before the Operations) Upon completion of preparation for business operations, the business operator of telecommunications services shall notify the Municipal Article 23 (Standards for Telecommunications Equipment) The exchange equipment, transmission equipment, terminals and networks used by business operators of telecommunications shall satisfy Business operators of telecommunications shall not use, accept or sell telecommunication equipment that do not have a certificate Article 24 (Supply of Basic Lines and Equipment) Business operators of the monopolized sector of telecommunications shall, in the light of the situation of supply and demand, and The term of supply of the relay equipment and lines mentioned in the preceding paragraph and matters relevant thereto shall be separately Article 25 (Requirements for Network Operations) Business operators of telecommunications shall establish a necessary maintenance system for the communication lines and equipment Article 26 (Requirements for Business Operations) Business operators of telecommunications shall comply with the following requirements in their business activities: 1. Act in accordance with the business rules and technical procedures prescribed by the Ministry of Post and Telecommunications and 2. Make known, at the place of business, to the public the types of telecommunications services, service standards, rates of service 3. Set up a special service center and surveillance telephone number to give advice to, and receive complaints from, the customers; 4. Guarantee the quality of communication lines and equipment provided to the customers, and make repairs or renovations upon receiving Article 27 (Prohibitions) Business operators of telecommunications and the employees thereof are prohibited from doing the following: 1. Providing, without proper consent, information to others regarding the customer’s use of telecommunication services; 2. Cutting off the customer’s telecommunication or delaying the rendition of services without justifiable reasons; 3. Stopping, without approval, the business operations of telecommunications which have been approved; 4. Imposing restrictions on the use of telecommunications services or on the purchase of telecommunication equipment, or coercing 5. Providing information to customers against their will; 6. Using advertisements containing false information or using other inappropriate means to promote publicity or depreciate other business 7. Committing other acts that will impair the rights and interests of the customers; Article 28 (Suspension of Services) When the customer does one of the following, the business operator of telecommunications may request him to rectify his behavior, 1. Using telecommunication equipment that does not have the newtworking certificate issued by the Ministry of Post and Telecommunications 2. Delaying payment of service fees or refusing to pay it; 3. Using telecommunications services to endanger national security, jeopardize social order or impair the legitimate rights and interests 4. Other acts that may hamper the business operations of telecommunications or the management thereof. When the competent authorities lawfully request the business operator of telecommunications to suspend the rendition of telecommunication Article 29 (Service Charges) Business operators of telecommunications shall strictly comply with the uniform rates of service charges set by the State. With respect Business operators of telecommunications shall comply with the relevant stipulations of the Municipal Post and Telecommunication Bureau Article 30 (Telecommunications Administration Fee) Business operators of telecommunications shall pay administration fee to the Municipal Post and Telecommunications Bureau. The rates For a delay in the payment of the telecommunication administration fee, a penalty of 0.2% for each day of delay shall be imposed. Article 31 (Emergency Adjustment of Telecommunications Network) In the event of emergencies, the Municipal Post and Telecommunications Bureau may, with the approval of the municipal government, Article 32 (Administrative Inspection) The Municipal Post and Telecommunications Bureau is enpost_titled to supervise and inspect the business activities of telecommunication
Article 33 (Administrative Punishment) Units or individuals who violate the present Procedures shall be subject to the punishment by the Municipal Post and Telecommunications 1. Those who engage in business operations of telecommunications without official permission shall be enjoined from continuing their 2. Those who forge, alter, borrow or transfer the permit or the official approval shall be penalized by confiscation of their unlawful 3. Business operators of telecommunications who continue their operations without a renewal after their permit expires, or alter, 4. Those who takes the liberty to start business operations of telecommunications without the check or fail to pass the check, or 5. Business operators of telecommunications, who use telecommunications equipment that does not conform to the relevant technical 6. Those who suspend or terminate their business operations of telecommunications without authorization or justifiable reasons, who 7. Business operators of telecommunications who provide telecommunications services that fall below the set standards shall be ordered 8. Business operators of telecommunications that fail to make known, in accordance with the provisions, to the public the types of 9. Business operators of telecommunications who accept or sell equipment that does not have the networking certificate issued by the 10. Business operators of telecommunications who do not cooperate with the competent authorities in lawfully suspending the telecommunication If cases involving violation of the present Procedures shall be punished, according to law, by other administrative departments, they Article 34 (Civil Liability) Business operators of telecommunication who violate the present procedures and cause a loss to customers shall be liable to compensate Article 35 (Administrative Reconsideration and Legal Action) If the party concerned finds unacceptable the specific administrative act of the Municipal Post and Telecommunications Bureau, it The administrative department that takes the administrative act may, in accordance with the provisions of “Administrative Litigation
CHAPTER V SUPPLEMENTARY PROVISIONS Article 36 (Application and Interpretation) The Municipal Post and Telecommunications Bureau shall be responsible for the interpretation with respect to the application of the Article 37 (Date of Implementation) The present procedures shall become effective on January 1,1996.
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CIRCULAR OF THE STATE COUNCIL CONCERNING APPROVING AND TRANSMITTING THE JOINT PROPOSALS OF THE SECURITIES COMMISSION OF THE STATE COUNCIL AND THE CHINA SECURITIES SUPERVISORY AND REGULATORY COMMISSION ON FURTHER STRENGTHENING SUPERVISION AND MANAGEMENT OF THE OPTION MARKET
| Category | BANKING | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-02-23 | Effective Date | 1996-02-23 |
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Circular of the State Council Concerning Approving and Transmitting the Joint Proposals of the Securities Commission of the State |
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The Circular
Appendix: JOINT PROPOSALS ON FURTHER STRENGTHENING SUPERVISION AND
(February 23, 1996)
The Circular
The State Council has approved the Joint Proposals on Further
Strengthening Supervision and Management of the Option Market submitted by the
Securities Commission of the State council and the China Securities
Supervisory and Regulatory Commission, and hereby transmits them to you for
the earnest implementation thereof.
Appendix: JOINT PROPOSALS ON FURTHER STRENGTHENING SUPERVISION AND
MANAGEMENT OF THE OPTION MARKET
Complying with the overall strategy of the State Council, the Securities
Commission of the State Council and the China Securities Supervisory and
Regulatory Commission (hereinafter abbreviated to CSSRC) have strengthened the
management and restructuring of the option market. After two years’ effort,
the tendency of disorderly development of the option market has to certain
extent been restrained, the market actions have been gradually regulated, the
competence of supervision and management has been further improved and the
pilot projects have been progressed to the right path. However, the option
market still suffers from some problems that should not been neglected. The
protruding problems are as follows: a few big clients, relying on their
capital strength, conspire to rig the market for staggering profits; a few
people embezzle public funds to speculate in futures for private profit at the
public expense, utilize bank loans or call money or collect capital under
disguise for forward business; some individual clients even commit financial
crimes in forward exchanges in violation of relevant regulations purposely.
Those offences not only obstruct other enterprises in lawful business
activities such as arbitrage transactions for value maintenance but also
disrupt the normal order of the option market and obstruct its healthy
development. To further restrain excessive speculations and strengthen the
supervision and regulation of the option market, following proposals are put
forward:
1. Enterprises and institutions owned by the state or dominated by state
capital stocks (hereinafter referred to as state-owned enterprises and
institutions) shall be allowed to develop arbitrage transactions for value
maintenance only on futures commodities that are relevant to the production
and business of the enterprises and institutions in question and should not
conduct speculation or malicious manipulation in forward transactions.
State-owned enterprises and institutions who are to engage in arbitrage
transactions for value maintenance shall show the forward exchange or futures
agent institutions documents of approval obtained from relevant authority in
charge or from the board of directors. Those who fails to show the document of
approval may not be accepted by the forward exchange as an institutional
member or by futures agent institutions as a client. In case a forward
exchange or a futures agent institution violates the abovementioned
stipulations, the CSSRC shall, in addition to investigation into the
responsibilities of the persons in charge, order a correction, a fine, a stop
of business for futures exchange or disqualification from being a trial
forward exchange or a futures transaction agent in light of the seriousness of
the offence. State-owned enterprises or institutions who arbitrarily conduct
forward transactions without approval of the authority in charge or board of
directors or suffer a loss in speculation in forward business shall have the
persons in charge assessed in terms of responsibilities.
2. Different kinds of banking institutions may not for itself or on
commission of others engage in forward business. Those banking institutions
who have begun forward business for itself shall within 40 business days after
the date of March 4, 1996 square the cash account for the business. Those
banking institutions who have begun forward business on commission of others
may not accept new clients ever from the date of March 4, 1996 and shall
within 40 business days thereafter conclude all agent business by squaring the
cash accounts or by transfer of the clients cash to other futures agent
institutions. All forward exchanges who have banking institutions as business
members thereof shall perform supervisory function so that those institutions
could within the prescribed time conclude forward business whether operated
for themselves or on commission of others, and shall deprive them of the
membership after matters concerning credits and liabilities are settled.
Futures agent institutions who have banking institutions as clients shall
perform supervisory functions so that those institutions could within the
prescribed time bring their accounts to a balance and shall cancel the
accounts after matters concerning credit and liabilities are settled.
Any banking institution may not make out letter of security on capital
intended for forward transactions. It is rigorously prohibited to use bank
loans or call money for forward business. Banking institutions at all levels
shall strengthen supervision and management to guard against the flow of
credit funds into the option market.
3. Futures agent companies may not engage in forward transactions for
themselves. Those who have begun such business for themselves shall within 40
business days from the date of March 4, 1996 square the account with the cash
held for forward business. In case a futures agent company continues the
forward transactions for itself against this stipulation, the CSSRC shall, in
addition to investigation into the responsibilities of the persons in charge,
order a correction, a fine, a stop of business for rectification, or
disqualification from being a forward business agent in light of the
seriousness of the offence.
4. With a view to reinforcing the supervision and management of the option
market, effectively preventing from, investigating and dealing with market
manipulation cases, the CSSRC may in accordance with relevant procedures make
inquiries into the accounts opened at the commercial banks or other banking
institutions by forward exchanges, futures agent institutions and clients.
5. All forward exchanges shall in consideration of their own individual
circumstances establish a system of “banning entrance into the market”. Those
institutions or individuals who have proved to have rigged the market or
committed fraudulent conducts in forward transactions and have therefore
caused serious consequence shall be publicized as “the persons banned from
entrance into the market” and be reported to the CSSRC, who shall then
circulate a notice among all forward exchanges. In addition to issue of an
order for squaring the forward business accounts, all forward exchanges,
futures agent institutions shall immediately stop accepting new directions for
forward transaction from “the person banned from entrance into the market”. If
the criminal law is violated, the case shall be transferred to the judicial
organs for assessment of criminal responsibilities. For those who have been
notified by the CSSRC as “persons banned from entrance into the market”, no
forward exchange or futures agent institution may open accounts for their
forward business within three years. In case a forward exchange or a futures
agent institution accepts a person banned from entrance into the market, the
CSSRC shall, in addition to investigation into the responsibilities of the
concerned persons in charge, order a correction, confiscation of illicit
gains, a fine, a stop of business for rectification, disqualification from
being a trial forward exchange or from developing forward agent business.
6. With a view to bringing into full play the functioning of the option
market for value maintenance through futures and prices identification, to
preventing from a large amount of capital being utilized on small commodity
futures, and to ridding the option market of the vicious circle of more and
more rampant speculation in smaller and smaller commodities futures, certain
kinds of staple commodities futures which are maturely developed in the
international market and that can most effectively perform the function of
value maintenance through futures should be selected in due course for trial
marketing by a few much standardized forward exchanges subject to strict
supervision and control.
RULES FOR THE IMPLEMENTATION OF THE BUSINESSES OF SETTLEMENT AND SALE OF AND PAYMENT IN FOREIGN EXCHANGE OF FOREIGN-CAPITAL BANKS
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The People’s Bank of China Rules for the Implementation of the Businesses of Settlement and Sale of and Payment in Foreign Exchange of Foreign-capital Banks the People’s Bank of China June 18, 1996 Chapter I General Provisions Article 1 These Rules are formulated in accordance with the Regulations of the People’s Republic of China on Administration of Financial Institutions Article 2 Foreign-capital banks mentioned in these Rules refer to foreign capital banks, branches of foreign banks and Chinese-foreign equity Article 3 Renminbi special accounts for settlement and sale of foreign exchange mentioned in these Rules refer to Renminbi special accounts Article 4 Foreign-capital banks shall only be allowed to conduct such business operations as settlement and sale of and payment in foreign exchange Chapter II Administration of Renminbi Special Accounts for Settlement and Sale of Foreign Exchange Article 5 A foreign-capital bank may, upon the approval of a local branch of the People’s Bank of China, open a Renminbi special account for Article 6 A foreign-capital bank which is to open a Renminbi special account for settlement and sale of foreign exchange shall meet the following (1) It is authorized by the State Administration of Foreign Exchange to conduct import and export settlement operations; (2) It is a member of the China Transaction Center of Foreign Exchange after being approved by the China Transaction Center of Foreign Article 7 A foreign-capital bank which is to open a Renminbi special account for settlement and sale of foreign exchange shall submit the following (1) an application for opening a Renminbi special account for settlement and sale of foreign exchange; (2) the Licence to Engage in Foreign Exchange Business Operations issued by the State Administration of Foreign Exchange; (3) documents certifying the approval of its status as a member of the Foreign Exchange Transaction Center of China. Article 8 A foreign-capital bank which is authorized to open a Renminbi special account for settlement and sale of foreign exchange may, by Article 9 Foreign Exchange bureaus shall exercise balance control over Renminbi special accounts for settlement and sale of foreign exchange Article 10 Where a Renminbi special account for settlement and sale of foreign exchange is not enough to be settled due to the failure of transference Article 11 The scopes of revenues and expenditures of a Renminbi special account for settlement and sale of foreign exchange of a foreign-capital Article 12 Foreign-capital banks conducting the business operations of settlement and sale of foreign exchange shall participate in the “Renminbi Article 13 A foreign-capital bank participating in the “Renminbi bills clearance system in the same city” shall meet the following requirements: (1) possessing staff members passing the examination of “Renminbi bills clearance in the same city”; (2) possessing an agreement on daily lending RMB for settlement and sale of foreign exchange signed with a Chinese-funded financial Article 14 Foreign-capital banks shall use Renminbi special payment vouchers of settlement and sale of foreign exchange uniformly printed and Article 15 Foreign-capital Banks shall use their Renminbi special accounts of settlement and sale of foreign exchange in accordance with the Chapter III Supplementary Provisions Article 16 Foreign-capital banks shall, in accordance with the Interim Measures for Administration of Verification of Import Payment of Foreign Article 17 For the purpose of avoiding the risks of foreign exchange rates by clients with forward trade contracts, foreign-capital banks may, Article 18 Foreign-capital banks shall every day submit their Daily Statement of Renminbi Special Accounts Balance for Settlement and Sale of Article 19 The foreign exchange bureaus shall, in accordance with the provisions, supervise and examine the business operations of settlement Article 20 Where the relevant provisions of these Rules are violated, the foreign exchange bureau may, in accordance with the Regulations of Article 21 The State Administration of Foreign Exchange shall be responsible for the interpretation of these Rules. Article 22 These Rules shall enter into force as of July 1, 1996. The Interim Provisions on Renminbi Special Accounts of Foreign-capital Banks |
The People’s Bank of China
1996-06-18
MEASURES FOR ADMINISTRATION OF GUARANTEES OVERSEAS BY INSTITUTIONS WITHIN THE CHINESE TERRITORY
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The People’s Bank of China Decree of the People’s Bank of China No.3 According to the Guarantee Law of the People’s Republic of China and other relevant State administrative regulations governing foreign President of the People’s Bank of China: Dai Xianglong September 25, 1996 Measures for Administration of Guarantees Overseas by Institutions within the Chinese Territory Article 1 These Measures are formulated with a view to promoting foreign economic and technological cooperation, supporting the development Article 2 Guarantees made overseas referred to in these Measures are guarantees in the forms of guarantee letters, stand-by letters of credit, (1) call money guarantee; (2) guarantees for the lease of call money; (3) guarantees for accounts under compensation trade; (4) guarantees for the contracted engineering projects outside China; and (5) guarantees for others with the nature of foreign debts Guarantors should not provide such guarantees in the form of lien or deposits. The guarantees provided to the financial institutions with foreign investment inside China is regarded as made overseas. Article 3 The People’s Bank of China empowers the State Administration for Exchange Control and its subdivisions (hereinafter referred to as Article 4 Guarantors as stipulated in these Measures are: (1) financial institutions which have been empowered of making guarantees overseas (excluding financial institutions with foreign investment); (2) non-financial enterprise legal persons that have the capacity to pay off the debts, including Chinese enterprises and enterprises State organs and institutions cannot provide guarantees overseas except for sub-lending of loans provided for by foreign governments Article 5 The combined balances of guarantees made overseas, forex guarantees within Chinese territory and foreign exchange debts of a financial The balance of guarantees made overseas provided by a non-financial institution legal person cannot exceed 50% of its net assets or Article 6 Chinese enterprises can only provide such guarantees for the sub-divisions directly subordinate to it or for the foreign debts of For providing guarantees overseas, the ratio between the net assets and total assets of a Chinese trade enterprise cannot be lower For providing guarantees overseas the ratio between the net assets and total assets of a Chinese non-trade enterprise cannot be lower Article 7 Guarantors should not provide guarantee for money-losing overseas enterprises. Article 8 When providing guarantees for enterprises with foreign investment (excluding solely foreign-owned enterprises), the guarantors should Guarantors should not provide guarantees for registered capital of enterprises with foreign investment. Apart from the enterprises with foreign investment, guarantors should not provide guarantees for the foreign debts of investment by Article 9 While examining and approving the guarantee provided to a trade enterprise outside China by a guarantor, the SAEC shall examine the While examining and approving a guarantee provided to a project contractor outside China by a guarantor, the SAEC shall examine the Article 10 Terms of reference for examining and approving guarantees overseas: (1) In providing guarantee overseas for Chinese enterprises and such guarantees within one year (including one year) for enterprises with (2) In providing guarantees of more than one year (excluding one year) to enterprises with foreign investment and to institutions outside Article 11 Guarantors should provide part or all of the following materials to the SAEC in going through the formalities of reporting its deal (1) the approved feasibility study report of the project to be guaranteed and other approved related documents; (2) the balance sheets (consolidated balance sheets if the guaranteed is a group company) as audited by certified accountants; (3) the profit and loss report of the guaranteed which has been audited by the certified accountants; (4) the letter of intent of the guarantee contract; (5) the major debt contract or letter of intent under the guaranteed project and other related documents; (6) relevant materials as stipulated in Articles 8 and 9 of these Measures; and (7) other materials as required by the SAEC. Article 12 Guarantors can only provide guarantees overseas upon approvals by SAEC. Article 13 In providing guarantee overseas, guarantors should conclude written contracts with the creditors and the guaranteed, agreeing on the (1) Guarantors have the right to supervise the funds and properties of the guaranteed; (2) After provision of guarantees, creditors and guaranteed should have the agreement of guarantors if they need to revise the guarantee (3) After their providing guarantee overseas, the guarantors should, within the terms of validity of the contracts, perform their obligations (4) After providing guarantee overseas, guarantors concerned should automatically be relieved of their obligations if the creditors fail (5) Guarantors have the right to ask the guaranteed to carry out the counter-guarantee measures or provide corresponding mortgages; and (6) Guarantors have the right to collect the agreed guarantee charges. Article 14 After providing guarantee overseas, guarantors should go to the local SAEC to go through the formalities of guarantee registration. After providing guarantee overseas, non-financial institutions should, within 15 days beginning from dates when guarantee contracts Financial institutions should fill out the “Guarantee Overseas Feedback Form” within 15 days following the end of each month and report Article 15 If an extension is needed upon the expiration of a guarantee, the guarantor should go to the local SAEC to go through the formalities Article 16 Non-financial institution guarantors should return the “Foreign Guarantee Registration Book” to the original issuing SAEC and handle Article 17 If a guarantor provides guarantee overseas without approval, foreign guarantee contract it concludes is invalid. If a guarantor provides guarantee overseas without approval or without registration after it has done so, the SAEC shall, according Article 18 These Measures apply to the counter-guarantees overseas. Article 19 These Measures shall enter into force as of October 1, 1996. “Measures for the Administration of Foreign Exchange Guarantees by Resident |
The People’s Bank of China
1996-09-25
CRIMINAL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA
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The Standing Committee of the National People’s Congress Criminal Procedure Law of the People’s Republic of China March 17, 1996 (Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, Revised in according with the Decision on ContentsPart One General Provisions Chapter I Aim and Basic Principles Chapter II Jurisdiction Chapter III Withdrawal Chapter IV Defence and Representation Chapter V Evidence Chapter VI Compulsory Measures Chapter VII Incidental Civil Actions Chapter VIII Time Periods and Service Chapter IX Other Provisions Part Two Filing a Case, Investigation, and Initiation of Public Prosecution Chapter I Filing a Case Chapter II Investigation Section 1 General Provisions Section 2 Interrogation of the Criminal Suspect Section 3 Questioning of the Witnesses Section 4 Inquest and Examination Section 5 Search Section 6 Seizure of Material Evidence and Documentary Evidence Section 7 Expert Evaluation Section 8 Wanted Orders Section 9 Conclusion of Investigation Section 10 Investigation of Cases Directly Accepted by the People’s Procuratorates Chapter III Initiation of Public Prosecution Part Three Trial Chapter I Trial Organizations Chapter II Procedure of First Instance Section 1 Cases of Public Prosecution Section 2 Cases of Private Prosecution Section 3 Summary Procedure Chapter III Procedure of Second Instance Chapter IV Procedure for Review of Death Sentences Chapter V Procedure for Trial Supervision Part Four Execution Supplementary Provisions Part One General Provisions Chapter I Aim and Basic Principles Article 1 This Law is enacted in accordance with the Constitution and for the purpose of ensuring correct enforcement of the Criminal Law, punishing Article 2 The aim of the Criminal Procedure Law of the People’s Republic of China is: to ensure accurate and timely ascertainment of facts about Article 3 The public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must strictly Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions Article 5 The People’s Courts shall exercise judicial power independently in accordance with law and the People’s Procuratorates shall exercise Article 6 In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs must rely on the Article 7 In conducting criminal proceedings, the People’s Courts, the People’s Procuratorates and the public security organs shall divide responsibilities, Article 8 The People’s Procuratorates shall, in accordance with law, exercise legal supervision over criminal proceedings. Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in court proceedings. The People’s Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, Article 10 In trying cases, the People’s Courts shall apply the system whereby the second instance is final. Article 11 Cases in the People’s Courts shall be heard in public, unless otherwise provided by this Law. A defendant shall have the right to Article 12 No person shall be found guilty without being judged as such by a People’s Court according to law. Article 13 In trying cases, the People’s Courts shall apply the system of people’s assessors taking part in trials in accordance with this Law. Article 14 The People’s Courts, the People’s Procuratorates and the public security organs shall safeguard the procedural rights to which participants In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken, (1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime; (2) if the limitation period for criminal prosecution has expired; (3) if an exemption of criminal punishment has been granted in a special amnesty decree; (4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint (5) if the criminal suspect or defendant is deceased; or (6) if other laws provide an exemption from investigation of criminal responsibility. Article 16 Provisions of this Law shall apply to foreigners who commit crimes for which criminal responsibility should be investigated. If foreigners with diplomatic privileges and immunities commit crimes for which criminal responsibility should be investigated, those Article 17 In accordance with the international treaties which the People’s Republic of China has concluded or acceded to or on the principle Chapter II Jurisdiction Article 18 Investigation in criminal cases shall be conducted by the public security organs, except as otherwise provided by law. Crimes of embezzlement and bribery, crimes of dereliction of duty committed by State functionaries, and crimes involving violations Cases of private prosecution shall be handled directly by the People’s Courts. Article 19 The Primary People’s Courts shall have jurisdiction as courts of first instance over ordinary criminal cases; however, those cases Article 20 The Intermediate People’s Courts shall have jurisdiction as courts of first instance over the following criminal cases: (1) counterrevolutionary cases and cases endangering State security; (2) ordinary criminal cases punishable by life imprisonment or the death penalty; and (3) criminal cases in which the offenders are foreigners. Article 21 The Higher People’s Courts shall have jurisdiction as courts of first instance over major criminal cases that pertain to an entire Article 22 The Supreme People’s Court shall have jurisdiction as the court of first instance over major criminal cases that pertain to the whole Article 23 When necessary, People’s Courts at higher levels may try criminal cases over which People’s Courts at lower levels have jurisdiction Article 24 A criminal case shall be under the jurisdiction of the People’s Court in the place where the crime was committed. If it is more appropriate Article 25 When two or more People’s Courts at the same level have jurisdiction over a case, it shall be tried by the People’s Court that first Article 26 A People’s Court at a higher level may instruct a People’s Court at a lower level to try a case over which jurisdiction is unclear Article 27 The jurisdiction over cases in special People’s Courts shall be stipulated separately. Chapter III Withdrawal Article 28 In any of the following situations, a member of the judicial, procuratorial or investigatory personnel shall voluntarily withdraw, (1) if he is a party or a near relative of a party to the case; (2) if he or a near relative of his has an interest in the case; (3) if he has served as a witness, expert witness, defender or agent ad litem in the current case; or (4) if he has any other relations with a party to the case that could affect the impartial handling of the case. Article 29 Judges, procurators or investigators shall not accept invitations to dinner or presents from the parties to a case or the persons Any judge, procurator or investigator who violates the provisions in the preceding paragraph shall be investigated for legal responsibility. Article 30 The withdrawal of a judge, procurator and investigator shall be determined respectively by the president of the court, the chief procurator, An investigator may not suspend investigation of a case before a decision is made on his withdrawal. If a decision has been made to reject his application for withdrawal, the party or his legal representative may apply for reconsideration Article 31 The provisions of Articles 28, 29 and 30 of this Law shall also apply to court clerks, interpreters and expert witnesses. Chapter IV Defence and Representation Article 32 In addition to exercising the right to defend himself, a criminal suspect or a defendant may entrust one or two persons as his defenders. (1) lawyers; (2) persons recommended by a public organization or the unit to which the criminal suspect or the defendant belongs; and (3) guardians or relatives and friends of the criminal suspect or the defendant. Persons who are under criminal punishment or whose personal freedom is deprived of or restricted according to law shall not serve Article 33 A criminal suspect in a case of public prosecution shall have the right to entrust persons as his defenders from the date on which A People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination Article 34 If a case is to be brought in court by a public prosecutor and the defendant involved has not entrusted anyone to be his defender If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People’s Court If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the Article 35 The responsibility of a defender shall be to present, according to the facts and law, materials and opinions proving the innocence Article 36 Defence lawyers may, from the date on which the People’s Procuratorate begins to examine a case for prosecution, consult, extract Defence lawyers may, from the date on which the People’s Court accepts a case, consult, extract and duplicate the material of the Article 37 Defence lawyers may, with the consent of the witnesses or other units and individuals concerned, collect information pertaining to With permission of the People’s Procuratorate or the People’s Court and with the consent of the victim, his near relatives or the Article 38 Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. Article 39 During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender. Article 40 A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and The People’s Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis. Chapter V Evidence Article 42 All facts that prove the true circumstances of a case shall be evidence. There shall be the following seven categories of evidence: (1) material evidence and documentary evidence; (2) testimony of witnesses; (3) statements of victims; (4) statements and exculpations of criminal suspects or defendants; (5) expert conclusions; (6) records of inquests and examination; and (7) audio-visual materials. Any of the above evidence must be verified before it can be used as the basis for deciding cases. Article 43 Judges, procurators and investigators must, in accordance with the legally prescribed process, collect various kinds of evidence that Article 44 The public security organ’s requests for approval of arrest, the People’s Procuratorate’s bills of prosecution and the People’s Court’s Article 45 The People’s Courts, the People’s Procuratorates and the public security organs shall have the authority to collect or obtain evidence Evidence involving State secrets shall be kept confidential. Anyone that falsifies, conceals or destroys evidence, regardless of which side of a case he belongs to, must be investigated under Article 46 In the decision of all cases, stress shall be laid on evidence, investigation and study; credence shall not be readily given to oral Article 47 The testimony of a witness may be used as a basis in deciding a case only after the witness has been questioned and cross-examined Article 48 All those who have information about a case shall have the duty to testify. Physically or mentally handicapped persons or minors who cannot distinguish right from wrong or cannot properly express themselves Article 49 The People’s Courts, the People’s Procuratorates and the public security organs shall insure the safety of witnesses and their near Anyone who intimidates, humiliates, beats or retaliates against a witness or his near relatives, if his act constitutes a crime, shall Chapter VI Compulsory Measures Article 50 The People’s Courts, the People’s Procuratorates and the public security organs may, according to the circumstances of a case, issue Article 51 The People’s Courts, the People’s Procuratorates and the public security organs may allow criminal suspects or defendants under any (1) They may be sentenced to public surveillance, criminal detention or simply imposed with supplementary punishments; or (2) They may be imposed with a punishment of fixed-term imprisonment at least and would not endanger society if they are allowed to obtain The public security organs shall execute the decision on allowing a criminal suspect or defendant to obtain a guarantor pending trial Article 52 A criminal suspect or defendant in custody and his legal representatives or near relatives shall have the right to apply for obtaining Article 53 If the People’s Courts, the People’s Procuratorates or the public security organs decide to allow a criminal suspect or defendant Article 54 A guarantor must be a person who meets the following conditions: (1) to be not involved in the current case; (2) to be able to perform a guarantor’s duties; (3) to be enpost_titled to political rights and not subjected to restriction of personal freedom; and (4) to have a fixed domicile and steady income. Article 55 A guarantor shall perform the following duties: (1) to see to it that the person under his guarantee observes the provisions of Article 56 of this Law; and (2) to promptly report to the executing organ when finding that the person under his guarantee may commit or has already committed acts If the guarantor fails to report promptly when the person under his guarantee has committed an act in violation of the provisions Article 56 A criminal suspect or defendant who has obtained a guarantor pending trial shall observe the following provisions: (1) not to leave the city or county where he resides without permission of the executing organ; (2) to be present in time at a court when summoned; (3) not to interfere in any form with the witness when the latter gives testimony; and (4) not to destroy or falsify evidence or tally confessions. If a criminal suspect or defendant who has obtained a guarantor pending trial violates the provisions of the preceding paragraph, Article 57 A criminal suspect or defendant under residential surveillance shall observe the following provisions: (1) not to leave his domicile without permission of the executing organ or, if he has no fixed domicile, not to leave the designated residence (2) not to meet with others without permission of the executing organ; (3) to be present in time at a court when summoned; (4) not to interfere in any form with the witness when the latter gives testimony; and (5) not to destroy or falsify evidence or tally confessions. If a criminal suspect or defendant under residential surveillance violates the provisions of the preceding paragraph and if the case Article 58 The period granted by a People’s Court, People’s Procuratorate or public security organ to a criminal suspect or defendant for awaiting During the period when the criminal suspect or defendant is awaiting trial after obtaining a guarantor or when he is under residential Article 59 Arrests of criminal suspects or defendants shall be subject to approval by a People’s Procuratorate or decision by a People’s Court Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own Article 61 Public security organs may initially detain an active criminal or a major suspect under any of the following conditions: (1) if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime; (2) if he is identified as having committed a crime by a victim or an eyewitness; (3) if criminal evidence is found on his body or at his residence; (4) if he attempts to commit suicide or escape after committing a crime, or he is a fugitive; (5) if there is likelihood of his destroying or falsifying evidence or tallying confessions; (6) if he does not tell his true name and address and his identity is unknown; and (7) if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang. Article 62 When a public security organ is to detain or arrest a person in another place, it shall inform the public security organ in the place Article 63 The persons listed below may be seized outright by any citizen and delivered to a public security organ, a Peopl CRIMINAL PROCEDURE LAW
Contents Part One General Provisions Chapter I Aim and Basic Principles Chapter II Jurisdiction Chapter III Withdrawal Chapter IV Defense and Procuration Chapter V Evidence Chapter VI Compulsory Measures Chapter VII Incidental Civil Actions Chapter VIII Time Periods and Service Chapter IX Other Provisions Part Two Filing a Case, Investigation and Initiation of Public Prosecution Chapter I Filing a Case Chapter II Investigation Section 1 General Provisions Section 2 Interrogation of the Criminal Suspect Section 3 Questioning of the Witnesses Section 4 Inquest and Examination Section 5 Search Section 6 Seizure of Material Evidence and Documentary Evidence Section 7 Expert Evaluation Section 8 Wanted Orders Section 9 Conclusion of Investigation Section 10 Investigation of Cases Directly Accepted by People’s Procuratorates Chapter III Initiation of Public Prosecution Part Three Trial Chapter I Trial Organizations Chapter II Procedure of First Instance Section 1 Cases of Public Prosecution Section 2 Cases of Private Prosecution Section 3 Summary Procedure Chapter III Procedure of Second Instance Chapter IV Procedure for Review of Death Sentences Chapter V Procedure for Trial Supervision Part Four Execution Supplementary Provisions Part One General Provisions Article 1 This Law is enacted in accordance with the Constitution to Article 2 The Criminal Procedure Law makes it the objective to ensure Article 3 The public security organs are responsible for investigation, In conducting criminal proceedings, the people’s courts, the people’s Article 4 The state security organs shall, according to the stipulations Article 5 The people’s courts shall, according to the stipulations of the Article 6 In conducting criminal proceedings, the people’s courts, the Article 7 In conducting criminal proceedings, the people’s courts, the Article 8 The people’s procuratorates shall, according to law, exercise Article 9 Citizens of all nationalities shall have the right to use Where people of a minority nationality live in a concentrated community Article 10 In trying cases, the people’s courts shall apply the system Article 11 Cases in the people’s courts shall be heard in public, unless Article 12 No person shall be held guilty in absence of a judgment Article 13 In trying cases, the people’s courts shall apply the system Article 14 The people’s courts, the people’s procuratorates and the In cases where a minor under the age of 18 commits a crime, the legal Participants in proceedings shall have the right to file charges against Article 15 Subject to one of the following instances, no criminal (1) If an act is obviously of minor importance, causing no serious harm, (2) If the limitation period for criminal prosecution has expired; (3) If an exemption of criminal punishment has been granted in a special (4) If the crime is to be handled only upon complaint according to the (5) If the criminal suspect or the accused is deceased; or (6) Other instances for which laws provide an exemption from Article 16 Provisions of this Law shall apply to foreigners who commit If foreigners with diplomatic privileges and immunities commit crimes for Article 17 The judicial organs of the country and their counterparts of Article 18 Public security organs shall conduct investigations into People’s procuratorates shall file cases and conduct investigations into Cases of private prosecution shall be accepted directly by the people’s Article 19 The basic people’s courts shall have jurisdiction as courts Article 20 The intermediate people’s courts shall have jurisdiction as (1) Counter-revolutionary cases and cases endangering the national (2) Ordinary criminal cases possibly resulting in a judgment of life (3) Criminal cases involving crimes committed by foreigners. Article 21 The higher people’s courts shall have jurisdiction as courts Article 22 The Supreme People’s Court shall have jurisdiction as the Article 23 When necessary, people’s courts at higher levels may try Article 24 A criminal case shall be under the jurisdiction of the Article 25 When two or more people’s courts at the same level have Article 26 A people’s court at a higher level may instruct a people’s Article 27 The jurisdiction over cases in special people’s courts shall Article 28 In any of the following situations, a member of the judicial, (1) If he/she is a party or a near relative of a party to the case; (2) If he/she or a near relative of his/her has an interest in the case; (3) If he/she has served as a witness, expert witness or defender in the (4) If he/she has any other relations with a party to the case that could Article 29 Judicial, procuratorial and investigatory personnel shall not Judicial personnel, procuratorial personnel and investigatory personnel Article 30 The withdrawal of judicial, procuratorial and investigatory A member of the investigatory personnel may not suspend investigation of In response to the decision on rejection of a party’s application for Article 31 The provisions of Articles 28, 29 and 30 of this Law shall Article 32 In addition to the exercise by himself/herself of the right to (1) Lawyers; (2) Persons recommended by a people’s organization or the unit by which (3) Guardians, relatives and friends of the criminal suspect or the The persons undergoing criminal punishments or being deprived of or Article 33 The right of a criminal suspect to entrust defenders in The people’s procuratorate shall, within three days from the day of Article 34 In case a public prosecutor appears in court to conduct a In case the accused who is blind, deaf or mute or who is a minor, does In case the accused who may possibly be sentenced to death penalty Article 35 The responsibility of a defender shall be to present, Article 36 The defense lawyer may, from the day of the examination by The defense lawyer may, from the day of accepting the case by the people’s Article 37 The defense lawyer may, with the consent of the witnesses The defense lawyer, with the permission of the people’s procuratorate or Article 38 The defense lawyer and other defenders shall not assist Legal responsibility shall be investigated into for violating the Article 39 During a trial, the accused may refuse to have his/her Article 40 The victim and his/her legal representative or near relatives The people’s procuratorates shall, within three days from the day of Article 41 Agents ad litem shall be entrusted by reference to the Article 42 All facts that prove the true circumstances of a case shall There shall be the following six categories of evidences: (1) material evidence and documentary evidence; (2) testimony of witnesses; (3) statements of victims; (4) statements and exculpation of criminal suspects or the accused; (5) expert conclusions; (6) records of inquests and examination; and (7) video and audio materials. Any of the above evidence must be verified before it can be used as the Article 43 Judicial, procuratorial and investigatory personnel must, in Article 44 The public security organ’s request for approval of arrest, Article 45 The people’s courts, the people’s procuratorates and the Evidence involving state secrets shall be kept confidential. Anyone that falsifies, conceals or destroys evidence, regardless of which Article 46 In the decision of all cases, stress shall be laid on Article 47 The testimony of a witness may be used as a basis in deciding Article 48 All those who have information about a case shall have the Physically or mentally handicapped persons or minors who cannot Article 49 The people’s courts, people’s procuratorates and public Criminal responsibility shall be investigated according to law for Article 50 The people’s courts, the people’s procuratorates and the Article 51 The people’s courts, people’s procuratorates and public (1) Being possibly sentenced to surveillance, criminal detention or (2) Being possibly sentenced to a punishment not less than fixed-term Bail out for summons and reside under surveillance CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON SOME ISSUES CONCERNING FOREIGN EXCHANGE MARKET AFTER ENTERPRISES WITH FOREIGN INVESTMENT IMPLEMENTED BANKING FOREIGN EXCHANGE SETTLEMENT AND SALE
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