Legal newsletter (Issue 4, 2016)

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First, legislation

◆ "Charity Law" legislation for ten years, once speed

After 10 years of research and drafting, the "charity law" legislative work can be described as "once speed", the draft in October 2015 and December twice twice to the Twelfth National People's Congress Standing Committee to consider and decide Submitted to the twelfth session of the National People 's Congress held in March 2016 to consider the fourth meeting. This not only shows that the state legislature in the unconventional acceleration to promote charity legislation, and the legislative level to the National People's Congress to consider the adoption of the field of social welfare legislation has not precedent.

Second, financial

◆ Insurance Regulatory Commission intends to amend the management of insurance funds management approach

March 8, the CIRC issued a notice to amend the "Interim Measures for the use of insurance funds management", is currently open to the public for comments. In terms of private equity funds, the proposed "insurance funds can invest in venture capital funds and other private equity funds" clause.

Http://www.circ.gov.cn/web/site0/tab5168/info4022278.htm

Third, the local new regulations

◆ Chengdu City People's Social Council issued "Chengdu City Construction Industry injury insurance implementation approach"

Http://www.cdhrss.gov.cn/ruleOfLawdetail.jsp?id=SLPesv52iEkl4LJRALpo

Fourth, tax

◆ May 1 from the full implementation of the camp by the increase

On March 5, at the Fourth Session of the 12th National People's Congress, Li Keqiang made a report on the work of the government. From May 1, the pilot area was expanded to the construction, real estate, finance and life Services, and all enterprises included in the real estate included in the deduction of value-added tax, to ensure that all industries only reduce the tax burden. Compared with the business tax, value added tax is the "most taxable" tax. After the increase, the real estate and construction industry will apply the tax rate of 11%, the financial and living services will be 6% tax rate, while the business tax system is 3%, 5%, 3% -20% (excluding finance).

◆ pension agencies for their own property, the land will be exempt from property tax, land use tax

Owen Wen, director of the General Office of the Ministry of Finance and press spokesman, commented on the report on the implementation of the central and local budgets in 2015 and the draft central and local budgets in 2016 and expressed the need to improve the preferential policies for old-age services, Industrial institutions for their own property, land, temporarily exempted from property tax, urban land use tax. Encourage social capital to enter the old - age service system. As China's access to an aging society, accelerate the development of pension services is imperative.

Fifth, judicial interpretation

◆ March 8, the Supreme Law issued for the Yangtze River economic development to provide judicial services and protection of the views

Http://www.court.gov.cn/fabu-xiangqing-17402.html

◆ the highest detection of judicial interpretation of the provisions of the work

Http://www.spp.gov.cn/flfg/gfwj/201601/t20160112_110904.shtml

◆ the maximum detection of the necessity of detention in the detention requirements

Http://www.spp.gov.cn/zdgz/201602/t20160202_112046.shtml

◆ the highest detection of new regulations: focus on correcting the use of criminal means to intervene in criminal disputes and seizure of property issues

     On March 12, 2016, the Supreme People's Procuratorate issued the Opinions on "Safeguarding the Prosecutorial Function and Ensuring the Healthy Development of Non-Public Economy". "Opinions", according to the law to combat violations of the legitimate rights and interests of non-public enterprises crime, to promote the construction of a new type of political and business relations; according to the law to punish the national staff to use market access, market supervision, investment, license examination, project approval, land acquisition, Management, tax collection and management, financial loans and state financial subsidies and other duties, to non-public enterprises through express and implied, etc. bribery, bribery crime; according to the law to punish electricity, telecommunications, transportation, oil, natural gas, municipal public and other areas of non-public Enterprise capital participation, participation in business activities such as public and private joint venture occurred in the process of corruption and bribery, dereliction of duty and other crimes.

Six, implementation

◆ the highest law, the Ministry of Public Security disciplinary "old Lai" and a new move

Recently, the Supreme People's Court and the Ministry of Public Security jointly issued the "on the establishment of rapid inquiry information sharing and network implementation of the investigation and cooperation of the working mechanism of the views", including: First, the Supreme People's Court and the Ministry of Public Security to share the implementation of case information, Person information and judicial trial information; the second is the public security organs to assist the people's court to inquire about the identity of the person being Ｅxecuted, the person's entry and exit documents and immigration information, the defendant to keep the defendant's entry and exit documents and the defendant, The public security organs to assist the people's court to find and freeze the vehicle; five is the public security organs to assist the people's court to find the whereabouts of the unknown is not the implementation of the people.

Seven new regulations

◆ The Ministry of Justice issued the revised General Principles of Forensic Expertise, which has been implemented since May

Http://www.moj.gov.cn/Judicial_identification/content/2016-03/09/content_6517454.htm?node=74589

◆ the State Council decided to integrate food and beverage facilities in public places health permits and food business license

Http://www.gov.cn/xinwen/2016-02/29/content_5047504.htm

Producer: Yang Yuan Jiang Guoyan

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