China legal update: NCP Outbreak: New Policy on Quarantine Requirement

China legal update: NCP Outbreak: New Policy on Quarantine Requirement

Legal News

NCP Outbreak: SPC’s Instructions on hearing NCP-related civil disputes1

On May 19, 2020, the Supreme People’s Court rolled out a series of instructions (the “Instructions”) on PRC courts at all levels to hear Novel Coronavirus Pneumonia (“NCP”) related civil disputes. We hereby summarize the content around contract disputes in the below chart:

table01

New Standard for State Compensation7

On May 18, 2020, the Supreme People’s Court and the Supreme People’s Procuratorate announced that:

Since May 18, 2020, the standard of state compensation for violations of citizens’ right to personal freedomby state organ or state functionaries while exercising their functions and powers is 346.75 RMB per day. Infringing citizen’s right to personal freedom may occur in various circumstances, including but not limited to 1) detaining a citizen in violation of the law or unlawfully taking compulsory administrative measures in restraint of his personal freedom; 2) unlawfully taking a citizen into custody or depriving him of his right of the person by other unlawful means;

The new standard is set up based on the Article 33 of State Compensation Law of the People’s Republic of China which provides that, if freedom of the person of a citizen is infringed, compensatory payment for each day shall be assessed in accordance with the state average daily pay of staff and workers in the previous year.

Hot Topics

The third session of the 13th National People’s Congress (NPC) and the session of the 13th National Committee of the Chinese People’s Political Consultative Conference (CPPCC) (collectively referred as “Two Sessions”) opens in Beijing in May.

Two Sessions: Government Work Report delivered by Premier Li Keqiang8

On May 22, 2020, Premier Li Keqiang delivered the Government Work Report (the “Report”). The Report rolled out a series of supporting policies to help enterprises to survive and thrive the difficult time, subject to further implementing measures to be later detailed. We hereby summarize some content in the below table:

table02

Two Sessions: Supreme People’s Court Work Report delivered by Chief Justice17

On May 25, 2020, Chief Justice Zhou Qiang delivered the work report of the Supreme People’s Court (the “SPC Report”) at a plenary meeting of the NCP. The SPC Report reviews the work in 2019 and lays out the outline for the work in 2020. We hereby summarize some content in the below table:

table03

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1. See: http://www.court.gov.cn/fabu-xiangqing-230181.html

2. Article 1 of the Instructions

3. Article 2 of the Instructions

4. Article 4 of the Instructions

5. Article 5 of the Instructions

6. Article 6 of the Instructions

7. See: https://www.thepaper.cn/newsDetail_forward_7474527

8. See: http://www.gov.cn/zhuanti/2020lhzfgzbg/index.htm

9. Part III “Strengthen the implementation of macro policies and strive to stabilize the employment of enterprises” of the Report.

10. Part III “Strengthen the implementation of macro policies and strive to stabilize the employment of enterprises” of the Report.

11. Part III “Strengthen the implementation of macro policies and strive to stabilize the employment of enterprises” of the Report.

12. Part III “Strengthen the implementation of macro policies and strive to stabilize the employment of enterprises” of the Report.

13. Part III “Strengthen the implementation of macro policies and strive to stabilize the employment of enterprises” of the Report.

14. Part III “Strengthen the implementation of macro policies and strive to stabilize the employment of enterprises” of the Report.

15. The Report does not define the exact meaning of “other difficult enterprises,” the implementation will depend on each bank’s policy and circumstances of the enterprise.

16. Part VII “Promote a higher level of opening to the outside world and stabilize the basic board of foreign trade and foreign investment” of the Report.

17. See: http://www.court.gov.cn/zixun-xiangqing-231301.html

 


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