PRC Legal Provisions

Ministry of Public Security Provisions on Supervision and Management of Criminals Subject to Public Surveillance, Deprivation of Political Rights, Suspended Sentences, Parole, or Medical Parole (CECC Partial Translation)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Provisions on Supervision and Management of Criminals Subject to Public Surveillance, Deprivation of Political Rights, Suspended Sentences, Parole, or Medical Parole," issued by the Ministry of Public Security on February 21, 1995. The Chinese text was retrieved from the <a href="https://www.mps.gov.cn/gab/flfg/info_detail.jsp?infoId=623">Web site</a> of the Ministry of Public Security on April 21, 2006.<HR> Chapter 2. Supervision and Management of Criminals Subject to Public Surveillance and Deprivation of Political Rights. Article 8. For criminals who have been sentenced to public surveillance or deprivation of political rights, the county (municipal) public security bureau or municipal public security branch office shall appoint the police station in the criminal's place of residence to take on responsibility for supervision and inspection. The neighborhood residents committee, village committee, or [criminal's] original work unit in the criminal's place of residence will assist in conducting supervision. Article 9. The public security agency responsible for supervision and inspection of criminals subject to public surveillance or deprivation of political rights shall, according to the judgment of the people's court, announce to the criminal and his original work unit, or to the masses in his place of residence, the facts of his crime, the time limit on his public surveillance or deprivation of political rights, and the provisions that must be abided by during the timeframe for execution by the criminal. Article 10. The public security agency shall announce to a criminal subject to public surveillance that he must abide by the following provisions during the period of his sentence: (1) He must abide by national laws, regulations, and the relevant provisions formulated by the Ministry of Public Security; (2) He must actively participate in productive labor or work; (3) He must fix a date upon which to report the status of his activities to the supervision and inspection team; (4) He must receive approval from the public security agency when changing and departing from his area of residence; (5) He must abide by concrete measures on supervision and management that are formulated by the public security agency. If a criminal subject to public surveillance must depart from his area of residence, he must receive approval from the public security agency and obtain an exit permit. Upon arriving at, or departing from, his destination, he must report to the local police station, which shall then indicate on his exit permit his arrival and departure times and appearance. Upon return to the place of execution, he must immediately report to and return the exit permit to the public security agency. Article 12. The public security agency shall announce to a criminal sentenced to deprivation of political rights that he must abide by the following provisions during the period of his sentence: (1) He must abide by national laws, regulations, and the relevant provisions formulated by the Ministry of Public Security; (2) He is not allowed to enjoy the right to vote and to stand for election; (3) He is not allowed to organize or participate in assembly, association, procession, or demonstration activities; (4) He is not allowed to take interviews or deliver speeches; (5) He is not allowed, inside or outside of [China's] borders, to issue, publish, or distribute comments, literature, or audio and visual products, among other things, that are harmful to the nation's honor or interests, or are otherwise harmful to society; (6) He is not allowed to assume leadership positions in enterprises, state-run institutions, and civic societies; (7) He must abide by concrete measures on supervision and management that are formulated by the public security agency. Article 13. For criminals subject to public surveillance or deprivation of political rights who violate these provisions, but fall short of a criminal offense, the public security agency will administer public security administration punishments in accordance with law. Where the violation constitutes a crime, the public security agency will investigate criminal liability. Article 14. Upon the expiry date of a term of public surveillance or deprivation of political rights, the public security agency shall notify the person and shall publicly announce to the masses that he is relieved of public surveillance or restored of his political rights. If the criminal passes away during public surveillance or deprivation of political rights, the public security agency shall, in a timely fashion, share this information with the people's court that originally sentenced him or the prison to which he was confined. Upon relief from public surveillance, a "Notice of Relief from Public Surveillance" shall be issued, and where deprivation of political rights has been attached, the restoration of political rights shall be simultaneously announced.

Environmental Petition Measures (Chinese Text)

Supreme People's Court, Supreme People's Procuratorate Interpretation on Questions Regarding Certain Laws to Be Used When Handling Cases of Organizing or Using a Heretical Sect (Chinese Text)

The following text was retrieved from the Supreme People's Court of the People's Republic of China Web site on June 23, 2006.

Law of the People's Republic of China on Land Contract in Rural Areas (Chinese and English Text)

The following translation was retrieved from the Chinese Central Government Web site (www.gov.cn) on 13 June 06. The Chinese text was retrieved from the Chinese Ministry of Agriculture Web site (www.agri.gov.cn) on 22 June 06. <HR> Law of the People's Republic of China on Land Contract in Rural Areas (Order of the President No.73) GOV.cn Sunday, October 09, 2005 Order of the President of the People's Republic of China No. 73 　　The Law of the People's Republic of China on Land Contract in Rural Areas, adopted at the 29th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 29, 2002, is hereby promulgated and shall go into effect as of March 1, 2003. 　　 　　Jiang Zemin 　　President of the People's Republic of China 　　August 29, 2002 　　　　 Law of the People's Republic of China on Land Contract in Rural Areas (Adopted at the 29th Meeting of the Standing Committee of the Ninth National People's Congress on August 29, 2002) Contents 　　Chapter I General Provisions 　　Chapter II Household Contract 　　　　Section 1 Rights and Obligations of the Party Giving out the Contract and of the Contractor 　　　　Section 2 Principles and Procedures for Contracting 　　　　Section 3 Term of Contract and the Contract 　　　　Section 4 Protection of the Right to Land Contractual Management 　　　　Section 5 Circulation of the Right to Land Contractual Management 　　Chapter III Contract in Other Forms 　　Chapter IV Settlement of Disputes and Legal Responsibility 　　Chapter V Supplementary Provisions 　　 Chapter I General Provisions 　　Article 1 In accordance with the Constitution, this Law is enacted for the purposes of stabilizing and improving the two-tier management system that combines centralized and decentralized management on the basis of household contractual management, granting to the peasants long-term and guaranteed land-use right, safeguarding the legitimate rights and interests of the parties to land contracts in rural areas, and promoting the development of agriculture and rural economy and social stability in the countryside. 　　Article 2 For purposes of this Law, land in rural areas includes the arable land, forestlands and grasslands owned collectively by the peasants and by the State and used collectively by the peasants according to law, as well as other lands used for agriculture according to law. 　　Article 3 The State applies the contractual management system in respect of land in rural areas. 　　Land contract in rural areas shall take the form of household contract within the collective economic organizations in the countryside, while such land in rural areas as barren mountains, gullies, hills and beaches, which are not suited to the form of household contract, may be contracted in such forms as bid invitation, auction and public consultation. 　　Article 4 The State protects, in accordance with law, the long-term stability of the relationship of land contract in rural areas. 　　After the land in rural areas is contracted, the nature of ownership of the land shall remain unchanged. The contracted land may not be purchased or sold. 　　Article 5 Members of the collective economic organizations in rural areas shall, according to law, have the right to undertake rural land contracts with their own collective economic organizations that give out the contracts. 　　No organizations or individuals may deprive the members of the rural collective economic organizations of their right to undertake contracts or illegally restrict such right. 　　Article 6 In undertaking land contracts in rural areas, women shall enjoy equal rights with men. The legitimate rights and interests of women shall be protected in contract. No organizations or individuals may deprive their rights to land contractual management, which they are entitled to, or infringe upon such right. 　　Article 7 In land contract in rural areas, the principles of openness, fairness and impartiality shall be adhered to and the relationship of interests among the State, the collective and the individual shall be correctly handled. 　　Article 8 In undertaking land contract in rural areas, laws and administrative rules and regulations shall be observed, and the rational development and sustainable use of land resources shall be maintained. Without approval granted according to law, no contracted land may be used for non-agricultural development. 　　The State encourages the peasants and the rural collective economic organizations to increase their input in land, improve soil fertility and expand the capacity of agricultural production. 　　Article 9 The State protects the legitimate rights and interests of the owners of the collective land and the right of the contractors to land contractual management, which no organizations and individuals may infringe upon. 　　Article 10 The State protects the circulation of the right to land contractual management, which is effected according to law, on a voluntary basis and with compensation. 　　Article 11 The competent administrative departments for agriculture and forestry under the State Council shall, in compliance with their respective functions and duties defined by the State Council, be responsible for providing guidance to the administration of the contracting of land in the rural areas throughout the country and to the administration of the contracts. The competent administrative departments for agriculture and forestry under the local people's governments at or above the county level shall, in compliance with their respective functions and duties, be responsible for administration of the contracting of the rural land within their own administrative areas and the administration of the contracts. The township (town) people's governments shall be responsible for the administration of the contracting of the rural land within their own administrative areas and of the contracts. Chapter II Household Contract Section 1 Rights and Obligations of the Party Giving out the Contract and of the Contractor 　　Article 12 Where the land owned collectively by the peasants belongs, in accordance with law, to collective ownership by the peasants in a village, contracts shall be given out by the collective economic organization of the village or the villagers committee; where the land is already owned collectively by the peasants of more than two rural collective economic organizations in a village, contracts shall be given out respectively by the said organizations or villagers groups in the village. Where contracts are issued by the rural collective economic organizations or villagers committees in a village, the ownership of the land owned collectively by the peasants of the collective economic organizations in the village shall remain unchanged. 　　Where rural land owned by the State but is used collectively by the peasants according to law, contracts shall be issued by the rural collective economic organizations, villagers committees or villagers groups that use such land. 　　Article 13 The party giving out the contracts shall enjoy the following rights: 　　(1) giving out contracts for the rural land owned by the collective to which the party belongs or owned by the State but is used by the said collective according to law; 　　(2) exercising supervision over the rational use and protection of the land by the contractor in keeping with the purpose of use agreed upon in the contract; 　　(3) stopping the contractor from damaging the contracted land and agricultural resources; and 　　(4) other rights provided for by laws and administrative rules and regulations. 　　Article 14 The party giving out the contract shall have the following obligations: 　　(1) maintaining the right of the contractor to land contractual management, and refraining from illegally modifying and revoking the contract. 　　(2) respecting the contractor's right to make its own decision on production and operation, and refraining from interfering with the normal production and operation conducted by the contractor according to law; 　　(3) providing the contractor services in respect of production, technology, information, etc. as agreed upon in the contract; 　　(4) carrying out the overall plan for land use worked out by the people's government of the county or township (town) and making arrangements for the construction of agricultural infrastructure within its own collective economic organization; and 　　(5) other obligations provided for in laws and administrative rules and regulations. 　　Article 15 The contractor of a household contract shall be the peasant household of the collective economic organization concerned. 　　Article 16 The contractor shall enjoy the following rights: 　　(1) enjoying in accordance with law the rights to use the land contracted, to reap the yields and to circulate the right to land contractual management, and the right to make its own decision regarding the arrangements for production and operation as well as the disposition of the products; 　　(2) enjoying in accordance with lawful right to obtain appropriate compensation for the contracted land that is requisitioned or occupied according to law; and 　　(3) other rights provided for in laws and administrative rules and regulations. 　　Article 17 The contractor shall have the following obligations: 　　(1) keeping or using the land for agricultural purposes, and refraining from using it for non-agricultural development; 　　(2) protecting and rationally using the land in accordance with law, and refraining from causing permanent damage to the land; and 　　(2) other obligations provided for in laws and administrative rules and regulations. Section 2 Principles and Procedures for Contracting 　　Article 18 The following principles shall be abided by in the contracting of land: 　　(1) when arrangements are made for undertaking contracts in accordance with relevant provisions, members of the same collective economic organization shall, according to law and on an equal footing, exercise the right to contract land, and they may, of their own free will, give up such right; 　　(2) democratic consultation, fairness and equitableness; 　　(3) in accordance with the provisions of Article 12 of this Law, the contracting plan shall, according to law, be subject to consent by not less than two-thirds of the members of the villagers assembly of the collective economic organization concerned or of the villagers' representatives; and 　　(4) the contract procedures conform to the provisions of law. 　　Article 19 Land shall be contracted out in accordance with the following procedures: 　　(1) a contract-working team shall be elected by the villagers assembly of the collective economic organization concerned; 　　(2) the contract-working team shall, in accordance with the provisions of laws and administrative rules and regulations, draw up and announce its contracting plan; 　　(3) convening, according to law, the villagers assembly of the collective economic organization concerned to adopt the contracting plan through discussion; 　　(4) making known to the public arrangements for the implementation of the contracting plan; and 　　(5) concluding the contract. Section 3 Term of the Contract and the Contract 　　Article 20 The term of contract for arable land is 30 years. The term of contract for grassland ranges from 30 to 50 years. The term of contract for forestland ranges from 30 to 70 years; the term of contract for forestland with special trees may, upon approval by the competent administrative department for forestry under the State Council, be longer. 　　Article 21 The party giving the contract shall sign a written contract with the contractor. 　　A contract shall, in general, include the following clauses: 　　(1) the names of the party giving out the contract and the contractor, and the names and domiciles of the responsible person of the party giving out the contract and the representative of the contractor; 　　(2) the name, location, area and quality grade of the contracted land; 　　(3) the term of contract and the dates of beginning and end; 　　(4) the purpose of use of the contracted land; 　　(5) the rights and obligations of the party giving out the contract and the contractor; and 　　(6) liability for breach of the contract. 　　Article 22 A contract shall go into effect as of the date of its conclusion. The contractor shall obtain the right to land contractual management as of the date the contract goes into effect. 　　Article 23 Local people's governments at or above the county level shall issue to the contractor the certificate of the right to land contractual management, or the certificate of forestry ownership, etc., and have them registered, thus confirming the right to land contractual management. 　　For the issuance of the certificates of the right to land or forestland contractual management, etc., no fees shall be collected except for the cost of the certificates, which is to be collected in accordance with relevant provisions. 　　Article 24 After a contract goes into effect, the party giving out the contract may neither modify nor revoke the contract due to the change of the representative for the party giving out the contract or the responsible person concerned, or due to the split or merger of the collective economic organization. 　　Article 25 No State organs or their staff members may, taking advantage of their positions and powers, interfere with the contracting of rural land or modify or revoke contracts. Section 4 Protection of the Right to Land Contractual Management 　　Article 26 During the term of contract, the party giving out the contract may not take back the contracted land. 　　If during the term of contract, the whole family of the contractor moves into a small town and settles down there, the right of the contractor to land contractual management shall, in accordance with the contractor's wishes, be reserved, or the contractor shall be allowed to circulate the said right according to law. 　　If during the term of contract, the whole family of the contractor moves into a city divided into districts and his rural residence registration is changed to non-rural residence registration, he shall turn his contracted arable land or grassland back to the party giving out the contract. If the contractor fails to turn it back, the party giving out the contract may take back the contracted arable land or grassland. 　　When during the term of contract, the contractor turns back the contracted land, in which he has made investment, thus increasing its production capacity, or the party giving out the contract takes it back according to law, the contractor shall have the right to obtain appropriate compensation. 　　Article 27 During the term of contract, the party giving out the contract may not readjust the contracted land. 　　Where during the term of contract, such special circumstances as natural calamities that seriously damaged the contracted land make it necessary to properly readjust the arable land or grasslands contracted by individual peasant households, the matter shall be subject to consent by not less than two-thirds of the members of the villagers assembly of the collective economic organization concerned or of the villagers' representatives and shall be reported for approval to the competent administrative departments for agriculture, etc. under the relevant township (town) people's government and the people's government at the county level. Where an agreement upon no adjustments is concluded in the contract, such an agreement shall prevail. 　　Article 28 The following land shall be used for readjustment of contracted land or for contracting out to new inhabitants: 　　(1) land reserved, according to law, by collective economic organizations; 　　(2) land increased through reclamation according to law, etc.; and 　　(3) land turned back, according to law or on a voluntary basis, by contractors; or 　　Article 29 During the term of contract, the contractor may, of his own free will, turn back the contracted land to the party giving out the contract. Where a contractor wishes to do the same, he shall, six months in advance, inform the party giving out the contract of the matter in written form. Where a contractor turns back the contracted land during the term of contract, he may no longer request to undertake a contract for land within the term. 　　Article 30 During the term of contract, a woman gets married and undertakes no contract for land in the place of her new residence, the party giving out the contract may not take back her originally contracted land; and where a divorced woman or a woman bereaved of her husband still lives at her original residence or does not live at her original residence but undertakes no contract for land at her new residence, the party giving out the contract may not take back her originally contracted land. 　　Article 31 The benefits derived from the contract which are due to contractor shall be inherited in accordance with the provisions of the Succession Law. In case a contractor for forestland is dead, his/her successor may, within the term of contract, continue to undertake the contract. Section 5 Circulation of the Right to Land Contractual Management 　　Article 32 The right to land contractual management obtained through household contract may, according to law, be circulated by subcontracting, leasing, exchanging, transferring or other means. 　　Article 33 The right to land contractual management shall be circulated in adherence to the following principles: 　　(1) that consultation on an equal footing, voluntariness and compensation, and no organizations or individuals may compel the contractor to circulate his right to land contractual management or prevent him from doing so; 　　(2) that no change shall be made in the nature of the land ownership or the purpose of use of the land designed for agriculture; 　　(3) that the term of the circulation may not exceed the remaining period of the term of contract; 　　(4) that the transferee shall have the capability for agricultural operation; and 　　(5) that under equal conditions, members of the collective economic organization concerned shall enjoy priority. 　　Article 34 In the circulation of the right to land contractual management, the contractor shall be the subject. The contractor shall have the right to make his own decision, according to law, on whether to circulate the right to land contractual management and on the means by which to circulate the right. 　　Article 35 During the term of contract, the party giving out the contract may not unilaterally revoke the contract, nor, under the pretext that the minority is subordinate to the majority, compel the contractor to give up or modify his right to land contractual management, nor take back the contracted land by reason of the need to divide the land into "grain rations fields" and "responsibility fields" in order to contract it out through bid invitation, or take back the contracted land to pay off its debts. 　　Article 36 Such fees as the subcontract charges, rent and transfer charges to be collected for the circulation of the right to land contractual management shall be decided on by the two parties through consultation. Proceeds derived from the circulation shall belong to the contractor, which no organizations or individuals may retain or withhold without authorization. 　　Article 37 Where the right to land contractual management is circulated by means of subcontract, lease, exchange, transfer or by other means, the two parties shall conclude a written contract. Where transfer is adopted for circulation, the matter shall be subject to consent by the party giving out the contract; and where subcontract, lease, exchange or other means is adopted for circulation, the matter shall be reported to the party giving out the contract for the record. 　　In general, the contract for the circulation of the right to land contractual management shall include the following clauses: 　　(1) the names and domiciles of the two parties; 　　(2) the name, location, area and quality grade of land concerned; 　　(3) the term of circulation and the dates of beginning and end; 　　(4) the purpose of use of the land concerned; 　　(5) the rights and obligations of the two parties; 　　(6) the price for the right circulated and the method of payment; and 　　(7) liabilities for breach of the contract. 　　Article 38 Where the parities to the circulation of the right to land contractual management by means of exchange or transfer request registration, they shall apply for registration to the local people's government at or above he county level. If he above is not registered, no one may oppose the third party acting in good faith. 　　Article 39 The contractor may, within a certain period of time, subcontract or lease part or all of the right to land contractual management to the third party, but the contractual relationship between the contractor and the party giving out the contract shall remain unchanged. 　　Where the period in which the contractor lets another person do farm work on his behalf does not exceed one year, a written contract may be dispensed with. 　　Article 40 Contractors may, for the convenience of farming or for their own needs, exchange between themselves their right to contractual management of the land belonging to the same collective economic organization. 　　Article 41 Where a contractor has a stable non-agricultural occupation or a stable source of income, he may, with the consent of the party giving out the contract, transfer the total or part of his right to land contractual management to another peasant household engaged in agricultural production and management, and this peasant household shall establish a new contractual relationship with the party giving out the contract, thereupon the contractual relationship on this land between the former contractor and the party giving out the contract is terminated. 　　Article 42 For the purpose of developing the agricultural economy, the contractors may, of their own free will, jointly pool their rights to land contractual management as shares to engage in cooperative agricultural production. 　　Article 43 Where the contractor makes investment in his contacted land and thus increases the productive capacity of the land, he shall have the right to obtain an appropriate compensation when his right to land contractual management is circulated according to law. Chapter III Contract by Other Means 　　Article 44 The provisions in this Chapter shall be applicable to such land in the rural areas as barren mountains, gullies, hills and beaches which are not suited to household contract but are contracted through bid invitation, auction, public consultation, etc. 　　Article 45 Where rural land is contracted by other means, a contract shall be concluded. Matters such as the rights and obligations of the parties and the term of contract shall be determined through consultation by the two parties. Where land is contracted through bid invitation or auction, the contracting fees shall be determined through public competitive bidding and competitive pricing; and where land is contracted through public consultation, etc., the contracting fees shall be determined by the two parties through discussion. 　　Article 46 Barren mountains, gullies, hills and beaches may directly be undertaken for contractual management by such means as bid invitation, auction and public consultation, or may also be undertaken for contractual management or for joint-stock cooperative management after the rights to land contractual management are converted into shares and distributed to the members of the collective economic organization concerned. 　　Persons who enter into contracts for barren mountains, gullies, hills and beaches shall abide by the provisions of the relevant laws and administrative rules and regulations, prevent soil erosion and protect the ecological environment. 　　Article 47 Where rural land is contracted by other means, under equal conditions, the members of the collective economic organization concerned shall have the priority to undertake the contract. 　　Article 48 Where the party giving out contracts gives out the contracts for rural land to units or individuals other than the ones of the collective economic organization concerned, the matter shall first subject to consent by not less than two-thirds of the members of the villagers assembly, or of the villagers' representatives, of the collective economic organization concerned and it shall be submitted to the township (town) people's government for approval. 　　Where units or individuals other than the ones of the collective economic organization concerned undertake contracts, the contracts shall be concluded only after examination of the credit position and management capability of the contractors. 　　Article 49 Where a person enters into a contract for rural land through bid invitation, auction or public consultation and, after registration according to law, obtains the certificate of the right to land contractual management or the certificate of the right to forestland contractual management, his right to land contractual management may, according to law, be circulated though transfer, lease, pooling of rights as shares, mortgage or other means. 　　Article 50 Where the right to land contractual management is obtained through bid invitation, auction or public consultation and when the contractor is dead, the benefits derived from the contract which are due him shall be inherited in accordance with the provisions of the Succession Law; and within the term of contract his successor may continue to execute the contract. Chapter IV Settlement of Disputes and Legal Responsibility 　　Article 51 Where dispute arises over the contractual management of land, the two parties may settle the dispute though consultation and may request the villagers assembly or the township (town) people's government to help settle the dispute though mediation. 　　Where the parties are not willing to have it settled through consultation or mediation or consultation or mediation is not successful, they may apply to an arbitral body in charge of rural land contracts for arbitration, or directly bring a suit in the People's Court. 　　Article 52 Where the parties are not satisfied with the arbitral ruling made by the arbitral body in charge of rural land contracts, they may bring a suit in the People's Court within 30 days from the date they receive the ruling in writing. If they fail to file a suit before expiration of the prescribed time limit, the written ruling shall thereupon become legally effective. 　　Article 53 Any organizations or individuals that infringe upon the contractor's right to land contractual management shall bear civil responsibility. 　　Article 54 Where the party giving out the contract commits one of the following acts, it shall bear such civil responsibilities as desisting from the infringement, returning the original articles, restoring the original state, forestalling damages, eliminating dangers and compensating losses: 　　(1) interfering with the right to decision-making for production and management enjoyed by a contractor according to law; 　　(2) taking back or readjusting the contracted land in violation of the provisions of this Law; 　　(3) compelling a contractor to circulate his right to land contractual management or preventing a contractor from doing so; 　　(4) circulating the right to land contractual management by compelling a contractor to give up or modify his right to land contractual management on the pretext that the minority is subordinate to the majority; 　　(5) taking back the contracted land by reason of the need to divide the land into "grain rations fields" and "responsibility fields" in order to contract out the land though bid invitation; 　　(6) taking back the contracted land to pay off its debts; 　　(7) depriving women of the right to land contractual management that they enjoy according to law or infringing on such right; and 　　(8) other acts infringing upon the right to land contractual management. 　　Article 55 Any agreements in a contract concluded against the will of a contractor or in violation of the relevant compulsory provisions of laws and administrative rules and regulations against the taking back and readjusting of the contracted land shall be invalid. 　　Article 56 Where a party fails to perform the obligations in a contract or the obligations it performs are at variance with the ones agreed upon, it shall, in accordance with the provisions in the Contract Law of the People's Republic of China, bear responsibility for breach of the contract. 　　Article 57 Any circulation of the right to land contractual management by a contractor under the compulsion of an organization or individual shall be invalid. 　　Article 58 Any organization or individual that, without authorization, detains or withholds the proceeds derived from the circulation of the right to land contractual management shall return such proceeds. 　　Article 59 Any unit or individual that, in violation of the regulations on land administration, requisitions or occupies land or embezzles or misappropriates the compensations paid for the land requisitioned, which constitutes a crime, it/he shall be investigated for criminal responsibility in accordance with law; and if damages are caused to others, it/he shall bear such responsibilities as paying compensation for the damages. 　　Article 60 Where a contractor, in violation of law, uses the contracted land for non-agricultural development, the relevant competent administrative department of the local people's government at or above the county level shall, according to law, impose punishment on him. 　　Where a contractor causes permanent damages to the contracted land, the party giving out the contract shall have the right to put a stop to it and to demand the contractor to compensate the losses entailed. 　　Article 61 Where a State organ or its staff member, taking advantage of its/his positions and powers, infringes upon the right to land contractual management by interfering with rural land contract, modifying or revoking a contract, interfering with the right to decision-making for production and management that a contractor enjoys according to law, or compelling a contractor to circulate his right to land contractual management or preventing him from doing so, which causes losses to the contractor, it/he shall bear such responsibilities as paying compensation for the losses; if the circumstances are serious, the organ at the next higher level or the unit the staff member belongs to shall give administrative sanctions to the persons directly responsible; and if the offence constitutes a crime, criminal responsibility shall be investigated according to law. Chapter V Supplementary Provisions 　　Article 62 Where, before the implementation of this Law, contracts have already been concluded in accordance with the regulations of the State on rural land contract, including those the term of which is longer than what is provided for in this Law, such contracts shall continue to be valid after the implementation of this Law, and such land contracts shall not be renewed. Where the certificate of the right to land contractual management or the certificate of the right to forestland contractual management has not been issued to contractors, it shall be issued retroactively. 　　Article 63 Where, before the implementation of this Law, land has already been reserved, the area of such reserved land may not exceed five percent of the total area of the arable land of the collective economic organization concerned. If the area is less than five percent, the area of the reserved land may not be increased. 　　Where, before implementation of this Law, no land is reserved, no land may be reserved after the implementation of this Law. 　　Article 64 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 light of the actual conditions of their administrative areas, work out measures for implementation of this Law. 　　Article 65 This Law shall go into effect as of March 1, 2003. 　 Notice: All copyrights of the English version of the Orders of the President of the People's Republic of China released on gov.cn belong to the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China. Editor: Yangtze Yan

Certain Provisions from the Supreme People's Procuratorate Regarding the Prevention and Correction of Extended Detention in Procuratorial Work (Chinese Text)

The following text was retrieved from an Anhui provincial government <a href="https://www.dss.gov.cn/Article_Print.asp?ArticleID=61402">Web site</a> on June 20, 2006.

Provisions Regarding Strengthening the Administration of Publications Describing Major Party and National Leaders (Partial CECC Translation and Chinese Text)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Rules Regarding Strengthening the Administration of Publications Describing Major Party and National Leaders," issued by the Central Propaganda Department and the General Administration of Press and Publication, on May 5, 1990. The Chinese text was retrieved from Gansu Province's Intellectual Property Office <a href="https://www.ipo.gansu.gov.cn/zlzx/images/ZZQFJXGFG/1502.htm">Web site</a> on February 22, 2006. <br> 1. . . . . As used in these Regulations "publications describing major party and nation leaders" refers to any monographs, biographies, memoirs, documentary writings and reportage describing or narrating [major party and nation leaders]. 2. The publication and distribution of these types of books and essays must be solemn and discreet. The description of historical facts must be accurate, and the point of view must conform with the spirit of the Party's "Decision Regarding Certain Historical Problems," "Decision Regarding Certain Historical Problems Since the Establishment of the Party" and related Party documents. All responsible agencies and publishing units must strictly guard against violations, and anything that does not conform to the above mentioned requirements may not be published and distributed. 3. These types of books may only be published by the People's Publishing House, the Central Historic Documents Publishing House, the Communist Party Historical Materials Publishing House, the Communist Party School Publishing House, the Communist Youth Publishing House, the Liberation Army Publishing House, and the People's Publishing Houses for the provinces, autonomous regions and independent municipalities. No other publishing houses may arrange for their publication. . . . 4. When relevant publishing houses are arranging for the publication of topics for these types of books, local publishing houses shall provide drafts to their local Press and Publication Office, which shall read and evaluate the manuscript and offer their opinions, and after receiving approval from the Communist Party Propaganda Department shall provide it to the General Administration for Press and Publication for examination and approval. Central level publishing houses shall provide a draft to their responsible department, and after the responsible department has reviewed the manuscript and provided an opinion, provide it to the General Administration for Press and Publication for examination and approval. Publishers of manuscripts written about major Party and national leaders who are currently living must solicit the opinions of that person prior to submission to the General Administration for Press and Publication.

Provisions on the Protection of Secrets in News Publishing (CECC Partial Translation and Chinese Text)

The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Regulations on the Protection of Secrets in News Publishing," issued by the General Administration for Press and Publication on June 13, 1992. The Chinese text was retrieved from Xinhua's <a href="https://news.xinhuanet.com/newmedia/2003-05/27/content_889238.htm">Web site</a> on February 21, 2006. Article 14: Anyone who plans to supply a news agency with information for public report or publication shall, if such information relates to the work of their own system or unit, or if they are unclear as to whether it relates to state secrets, first apply to their unit or their supervising organ or unit for examination and approval. Article 15: Anyone wishing to provide a foreign news publishing organization a report or publication with contents that relate to the nation's government, economy, diplomacy, technology or military shall first apply to their unit or their supervising organ or unit for examination and approval.

Circular of the General Offices of the Communist Party Central Committee and State Council On Strengthening the Management of Social Organizations and Non-Governmental, Non-Commercial Enterprises (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Circular of the General Offices of the Communist Party Central Committee and State Council On on Strengthening the Management of Social Organizations and Non-Governmental, Non-Commercial Enterprises" jointly issued by the General Offices of the Central Party Committee and State Council on August 28, 1996. The Chinese text was retrieved from the Yichun University <A HREF="https://www.ycu.jx.cn/sz/swhweb/xcgz/1996/GXC960828.htm"> Web site</A> on May 1, 2006. General Offices of the Central Committee of the Chinese Communist Party and State Council Central Party Committee and State Council Circular on Strengthening the Management of Social Organizations and Non-Governmental, Non-Commercial Enterprises Circular on Management Work From the Central Office, #22 (8 August, 1996) Since the third plenum of the eleventh Party congress, hand-in-hand with economic development and social progress, social organizations and non-governmental, non-commercial enterprises of all kinds have steadily risen in number. The number of national organizations, scholarly organizations, foundations, and other social organizations that have registered with the Ministry of Civil Affairs alone is more than 1800. At the local level, civil affairs officials have registered more than 200,000 social organizations. Besides this, a great number of private research institutions and consulting and research institutions providing technical information services have emerged. These social organizations and non-governmental, non-commercial enterprises can be found in all areas of society, and have a wider and wider positive role in the development of China’s society, economy, science and technology, and culture, as well as our foreign affairs. However, the development of social organizations and non-governmental, non-commercial enterprises also presents a not insignificant number of problems that require urgent solutions. The first is, because some social organizations and non-governmental, non-commercial enterprises are distributed over a relatively large area and the criteria for accepting new members are broad, there has emerged personnel confusion and organizational activities exceeding regulatory boundaries. Second, there are limits to the abilities of registration and management bureaus. The relationship between social organizations and non-governmental, non-commercial enterprises and their sponsor organizations may be weak, resulting in an ineffective administrative management system and an unclear division of responsibilities. Third, there are many holes in the work of managing social organizations and non-governmental, non-commercial enterprises. To date, many social organizations and non-governmental, non-commercial enterprises have not entered the system of registration and management, and some wantonly overstepped the boundaries of registration. Fourth, because in recent years some regions and bureaus have not exerted strong control, several social organizations and non-governmental, non-commercial enterprises, with the support and control of Western enemy forces, have used loopholes to scurry into China. The backbone of these organizations are members who were “essential elements” in the disturbances of the spring and summer of 1989, others are young and middle-aged intellectuals who have become enamored with the Western bourgeoisie world view, and others are scholars, specialists and other well-known persons who obstinately cling to notions of bourgeoisie liberalization. They brazenly propagate the mistaken viewpoints “The model for China’s modernization is the West,” and “Capitalism is the only road for China to follow,” in Taiwan, Hong Kong, domestic, and even party and governmental publications. They have close ties with anti-Chinese, anti-communist forces in the West, Hong Kong, and Taiwan; for political purposes they use the cover of research and study, and receive contributions and the duties entrusted to them by hostile foreign elements; they undertake investigations into the state of society, provide news and intelligence, and some even act as tools for hostile Western elements to permeate, subvert, and steal Chinese secrets. These civil society organizations, although not many in number but with very harmful results, have actually already become a front for hostile foreign forces within and outside China to publicly and “legally” challenge China, carry out ideological infiltration, organize, gather strength, and collect funds. This is a hidden danger threatening to destroy China’s political and social stability. In addition, in Beijing, Tianjin, Shanghai, the three northeastern provinces, as well as the open cities of the coastal areas, the past few years have seen the successive emergence of foreign, privately established friendship associations, overseas student associations, clubs, alien resident associations, as well as branches of foreign associations. Among these are a few that are not only extraordinarily active in their areas but also recruit members across provincial boundaries, and engage in illegal activities. We must maintain a high level of political vigilance against this, adopt effective measures, practically strengthen management, nip evil in the bud, plug holes, and take guard against hostile domestic and foreign forces that use social organizations and non-governmental, non-commercial enterprises to permeate China and undertake destructive activities. The Central Committee of the Communist Party and that State Council are in agreement on the following relevant measures: 1. Put in good order an administrative management system for social organizations and non-governmental, non-commercial enterprises. For the management of social organizations and non-governmental, non-commercial enterprises, China should implement an administrative management system of dual responsibility with a sponsor organization and a registration and management bureau. Sponsor organizations are responsible for the registration application, ideological and political thought, establishment of party organizations, financial and personnel administration, research and discussion activities, foreign ties, and financial aid of the social organizations and non-governmental, non-commercial enterprises under their control. Problems that arise in these areas are the responsibility of the sponsor organization. The primary responsibility of registration and management bureaus is the work of examining and approving social organizations and non-governmental, non-commercial enterprises, and studying, drafting, and putting into effect relevant regulations. They are also responsible for the examination and supervision, as well as guidance of activities by social organizations and non-governmental, non-commercial enterprises, lawfully investigating and prosecuting acts that violate the law. Only the Ministry of Civil Affairs, at all levels, may undertake the registration of social organizations and non-governmental, non-commercial enterprises. No other bureau has the right to approve social organizations or issue certification. 2. Clean up and reorganize all existing social organizations and non-governmental, non-commercial enterprises. The Ministry of Civil Affairs, along with sponsor organizations, will put forth a concrete plan to clean up and reorganize social organizations. During this year and the next they will phase in a universal plan to examine, arrange, and reorganize all social organizations. All social organizations and non-governmental, non-commercial enterprises must, according to relevant laws and regulations, undergo a process of registration and a yearly inspection. Under no circumstances may they refuse to register or undergo such an inspection. Research institutions and social and economic research institutions involved with ethnic affairs, religion and other social sciences, natural and other interdisciplinary sciences, youth groups, and groups that study the problems of women and children are particularly the subject of this cleanup. In order to strengthen the building of leadership, carry out the work of political ideology, and ensure the implementation of Party policies and national laws and regulations, internal Party organizations shall be established in social organizations and non-governmental, non-commercial enterprises under the leadership of the local Party organization or the Party organization of their sponsor organization. Social organizations and non-governmental, non-commercial enterprises that have foreign ties, or violate policies and laws, shall have their registration refused, or be given a period of time in which to reform, depending on the circumstances. When carrying out work of this type, particular attention must be paid to methods and strategies involved. We must strictly carry out the process of examining and approving new social organizations and non-governmental, non-commercial enterprises, control their numbers, and guard against unchecked expansion. During the period of clean up and reorganization, we should in principle temporarily cease the approval of new social organizations and non-commercial, non-governmental enterprises. 3. Establish and perfect a management system for the activities conducted by social organizations and non-governmental, non-commercial enterprises. When a social organization or non-governmental, non-commercial enterprise convenes a conference, it must file a report with its sponsor organization. The substance of that conference may not fall outside the bounds of the scope of activity for which that organization was registered. Extra-organizational scholarly activities in the fields of politics, economy, theory, and other social sciences should be approved by the sponsor organization after seeking an opinion from propaganda officials. Sponsor organizations must seek the opinion of the foreign affairs section prior to allowing academic conferences that will include foreign participants, investigate the backgrounds of those foreigners, then examine and approve the participation according to regulations, and provide timely notification to state security and public security bureaus. In complicated situations, or situations where the person’s background is unclear, the opinion of national security and public security bureaus should be sought first. When social organizations or non-governmental, non-commercial enterprises undertake the study or investigation of a social science issue raised by a foreign organization, it may do so only after receiving the approval of its sponsor organization. The opinion of national security and public security bureaus should be sought in cases where the background of the foreign organization is unclear or uncertain. When a social organization or non-governmental, non-commercial enterprise wishes to accept donations in order to set up a foundation (except for donations earmarked for disaster relief, poverty alleviation, or other normal causes), and if the possibility exists that the money comes from sources with a complicated background or one with political intentions, the sponsor organization, the People’s Bank of China, and the Ministry of Civil Affairs should, according to laws and regulations governing the management of foundations and national security, identify the basis of the source, amount, and purpose of the donation, and meticulously and in a timely manner file a report with state security and public security organs. When domestic religious or theological organizations accept donations from foreign religious organizations, relevant authorities should understand the background of that organization, cautiously handle the situation, and carefully make a final examination. Funds provided by hostile foreign elements must either be refused or confiscated. The Ministry of Civil Affairs should firmly and according to law investigate, and the People’s Bank of China, the Ministry of Public Security, and other relevant authorities should assist. In the event of activities independently carried out by unregistered and unauthorized social organizations and non-governmental, non-commercial enterprises, hereafter, any activity by a social organization or non-governmental, non-commercial enterprise that results in serious problem with a serious result, and is due to irresponsible or careless management and supervision by the sponsor organization, leaders of the sponsor organization and approval authorities will bear full responsibility. 4. Formulating relevant laws and regulations to bring the work of managing social organizations and non-governmental, non-commercial enterprises into the system of rule of law. In 1989, the State Council issued the “Regulations on the Registration and Management of Social Organizations.” Along with social development and changes, it is necessary to formulate concrete regulations for the functions, rights, obligations, and necessary conditions of social organizations and non-governmental, non-commercial enterprises, as well as the duties of registration and management bureaus, the responsibilities to be born by sponsor organizations, the associations formed by foreigners in China, and other important questions. The work of managing social organizations and non-governmental, non-commercial enterprises should be and standardized and brought within the rule of law. To this end, we should quickly revise the “Regulations on the Registration and Management of Social Organizations,” and simultaneously and as soon as possible formulate and issue “Regulations on the Registration and Management of Foreign Social Organizations in China,” and “Regulations on the Registration and Management of Non-Governmental, Non-Commercial Enterprises.” 5. Politically grasp the dissemination of public opinion. All levels of Party committees and all relevant authorities should strengthen their management and supervision, in accordance with relevant state laws, regulations, and policies, of their respective publications, radio stations, and television stations, and closely guard their political ties. Tools of propaganda and public opinion cannot provide a venue for the dissemination of the ideology of hostile foreign forces and liberal bourgeoisie elements. Cases where vigilance over ideology has slackened, where political consciousness has been lost, and hostile foreign elements and liberal bourgeoisie elements have availed themselves of loopholes and caused serious problems, or cases of conniving in and even participating in plots, providing a convenient forum for reactionary speech, should be investigated and prosecuted according to Party discipline and national law. The Ministry of Propaganda shall issue notices regarding any news report pertaining to any manner of academic conference and set rigorous demands. 6. Strengthen the work of investigation and control, strike domestic and foreign hostile elements, according to the law, who would use social organizations and non-governmental, non-commercial enterprises to carry out illegal activities. Public security and state security organs must carry out their own functions, cooperate closely, fully utilize all their battle strengths, strengthen the work of investigation and control in designated areas, integrate what is public and what is confidential, and maintain good intelligence on the illegal activities of domestic and foreign hostile elements. The appropriate bureaus should promptly and firmly strike against domestic and foreign hostile elements who, through foundations or scholarly associations, through lectures, discussions, and promises of financial assistance, carry out all manner of infiltrative, subversive, and destructive activities. Public security bureaus should collect evidence and along with other relevant bureaus handle those foreign religious personnel that carry out religiously infiltrative activities under the guise of working, teaching, cultural exchanges, investment, or other activities. When circumstances necessitate, public security and state security bureaus should take the initiative and circulate information about the enemy’s situation to relevant regions and departments. Relevant regions and departments should take steps to strengthen their links with specialized bureaus, share intelligence, as well as vigorously support and cooperate with the work of public security and state security bureaus. 7. Strengthen the organization of registration and management bureaus for social organizations and non-governmental, non-commercial enterprises. Party committees and government at all levels should fully recognize the importance of strengthening the management of social organizations and non-governmental, non-commercial organizations in order to promote reform, modernization, and uphold the importance of stability. They must adapt practical measures, strengthen the organization and personnel of registration and management bureaus for social organizations and non-governmental, non-commercial enterprises, replenish personnel ranks, allocate necessary funds, and strengthen the means of work. Registration and management bureaus should strengthen their ranks and professionalism, raise the quality of their personnel, and complete the work of registering, managing, and supervising social organizations and non-governmental, non-commercial enterprises.

[Repealed] Measures on the Registration of Venues for Religious Activity (Chinese Text)

The following text was retrieved from the <a href="https://www.hebmzt.gov.cn/law/matter.jsp?id=26">Hebei Ethnic and Religious Affairs Department</a> Web site on April 6, 2006. These measures were repealed upon entry into force of the <A HREF="/pages/virtualAcad/index.phpd?showsingle=38682">Measures on Approving and Registering the Establishment of Religious Activity Venues</a>.

Law of Assembly, Demonstration, and Protest of the People's Republic of China (Chinese Text)

The following text was retrieved from the PRC Central Government <a href="https://www.gov.cn/ziliao/flfg/2005-08/05/content_20965.htm">Web site</a> on February 21, 2006.

Provisions on the Administration of the Publications Market (Chinese Text)

The following text was retrieved from the General Administration of Press and Publication Web site on May 25, 2006.

Provisions on the Administration of Internet News Information Services (Chinese Text and CECC Full Translation)

Decree No.185 of the People’s Government of Shandong Province on Promulgating the Measures for the Accreditation and Protection of Famous Trade Marks of Shandong Province

The following translation was retrieved from the Ministry of Commerce <a href="https://fec2.mofcom.gov.cn/aarticle/laws/200605/20060502232471.html">Web site</a> on May 5, 2006. The Chinese text was retrieved from the Ministry of Commerce <a href="https://www.mofcom.gov.cn/aarticle/b/g/200604/20060402023349.html">Web site</a> on May 5, 2006. <HR> Decree No.185 of the People’s Government of Shandong Province on Promulgating the Measures for the Accreditation and Protection of Famous Trade Marks of Shandong Province Friday,May 19,2006 Posted: 15:07 BJT(0707 GMT) CAITEC Measures for the Accreditation and Protection of Famous Trade Marks of Shandong Province were adopted by the 63rd Standing Conference of the Provincial Government on February 6, 2006 and are promulgated now and implemented as of April 1, 2006. Governor: Han Yuqun February 21, 2006 (From Shandong Zhengbao No.5 2006) Measures for the Accreditation and Protection of Famous Trade Marks of Shandong Province Article 1 These measures are formulated in accordance with Trade Marks Law of the People’s Republic of China for the purposes of regulating the Accreditation of famous trade marks, safeguarding the legitimate rights and interests of the owner, user and consumer of famous trade mark. Article 2 Famous trade marks in terms of these measures refers to the trade marks enjoying high reputation within this provincial administrative district, known by corresponding public and approved in accordance with these measures. Article 3 The accreditation and protection of famous trade marks apply to these measures. Article 4 Provincial administration for industry and commerce is responsible for the accreditation and protection of famous trade marks. The industrial and commercial administrations of the cities and counties (cities, districts) with districts shall assist provincial administration for industry and commerce for the accreditation and protection of famous trade marks. Other departments shall carry out corresponding work according to their own duties. Article 5 Accreditation and Protection of famous trade marks shall abide by the principles of openness, fairness and volunteer application and special protection. Article 6 Famous trade marks shall qualify following requirements: (1) The mark is a domestic registered mark and the residence of the mark’s owner or the origin of the product the mark refers to is in the administrative district of this province; (2) The mark has been used for three years in succession in accordance with law and no controversy on the owner’s right of the mark; (3) The product the mark refers to is perfect in quality and after-sale service among similar products in this province and well known by corresponding public and have good reputation; (4) The output, sales, tax amount and market share and other main economic data of the product the mark refers to hold the lead position among similar products in this province and have a wide market; (5) The owner of the mark has not infringed upon others’ exclusive rights of mark registration in recent three years and has no any other serious illegal business activities; (6) The owner and user of the mark have strict rules on using and managing the mark. Article 7 Whoever applies for the accreditation of famous trade marks shall submit following materials: (1) Application Form for the Accreditation of Famous Trade Marks; (2) Copy of the main body qualification certificate of the applicant; (3) Copy of Registration Card of the trade mark and its changes, renewal and assignment certificate; (4) The information about the use, management and protection of the trade mark; (5) The information about the infringements of exclusive rights of trade mark; (6) Information about advertisement releasing for this trade mark or the products this trade mark refers to in recent three years; (7) The output, sales, tax amount and market share and other main economic data of the product the trade mark refers to and the position in the province, the state and the same trade in recent three years provided by the competent industrial administration; (8) Quality information of the product the trade mark refers to provided by relative administration; (9) Business situation and market areas of the product the trade mark refers to; (10) Other materials that prove the trade mark famous. Article 8 An applicant may submit the application materials both to local administration for industry and commerce in the city with districts where the applicant locates and directly to the provincial administration for industry and commerce. The administration for industry and commerce in the city with districts shall transfer the application materials to the provincial administration for industry and commerce within 10 days at receipt of the materials. Article 9 Provincial administration for industry and commerce shall, in accordance with the provisions of Article 6 and 7 of these measures, make preliminarily examination and decision whether to handle it or not within 30 days at receipt of the application materials. To the application they decided to handle, it shall inform the applicant in writing. To the application they refuse to handle, it shall return the materials to the applicant and give reasons in writing why it will not handle the application. If any materials need to be replenished, it shall inform in one time the applicant in writing to replenish them within time limit. Whoever fails to replenish the materials within the time limit shall be regarded as giving up the application. Article 10 Provincial administration for industry and commerce shall, to the application to be handled, publish the announcement on the preliminary examination of famous trade mark through main media in this province. Any organization or individual may raise any objections within 30 days at the announcement of the preliminary examination. Article 11 Provincial administration for industry and commerce shall examine and verify the truth and legitimacy of the application materials, put forward the examination comments in writing. During the examination, it shall seek for the opinions of relative competent industrial administrations, industrial associations and organizations for consumers’ rights and interests. If necessary, it may authorize relative organs to make corresponding investigation. Relative competent industrial administrations, industrial associations and organizations for consumers’ rights and interests shall provide written comments strictly according to the fact. Article 12 Provincial administration for industry and commerce is responsible for establishing famous trade mark accreditation commission. The accreditation commission shall be composed of no less than 30 experts in economy, law, science and corresponding industries, and reported to the provincial People’s Government for record. The chairman of the accreditation commission shall be the responsible person for provincial administration for industry and commerce. Article 13 For every accreditation of famous trade mark, the provincial administration for industry and commerce shall, according to the category and characteristic of the product the trade mark refers to, choose more than 17 persons in singular from the accreditation commission to be composed of a famous trade mark accreditation group. The accreditation group shall, according to the application materials for the famous trade mark, the examination and approval comments of the provincial administration for industry and commerce and the opinions of other parties, examine and accredit the application objectively and fairly. Article 14 The accredited famous trade mark shall be voted by all members of the accreditation group in the form of secret ballot and approved by more than two thirds. Any member in the accreditation group shall not entrust others to make the accreditation or vote for him. Article 15 Any member of the accreditation commission and other staff taking part in the examination and accreditation of famous trade marks who has interested relationship or other relationship with the applicant that may affect fair examination and accreditation shall be evasive. An applicant or the interested person may, when he thinks a member of the accreditation commission and other staffs taking part in the accreditation of famous trade marks need to be evasive, put forward his opinion to the provincial administration for industry and commerce either by oral or by writing. The evasion of any member of the accreditation commission and the staff taking part in the evaluation and accreditation of famous trade marks shall be decided by the responsible person of the provincial administration for industry and commerce. Article 16 As for the famous trade mark that passed the accreditation, the certificate of famous trade marks shall be issued by the provincial administration for industry and commerce, and an announcement shall be released through the main media in the province. To the one that is not accredited, the applicant should be informed in writing. The product the famous trade mark refers to is regarded as well-known product. Article 17 The owner and user of a famous trade mark must use the famous trade mark on the product approved in accordance with law and shall not expand the range of use. The owner and user of a famous trade mark shall assure the quality of the product the famous trade mark refers to. Article 18 A famous trade mark is valid for three years from the announcement day. Three months before the expiration of the validity, the owner of a famous trade mark may make application for renewal to the provincial administration for industry and commerce. To the application meeting with the requirements of Article 6 of these measures, the provincial administration for industry and commerce shall confirm and announce it. Every renewal is valid for three years. Article 19 The owner of famous trade mark shall, if there is any change of the register’s name, address or other registered items, or if others are allowed to use his famous trade mark in accordance with law, report to the provincial administration for industry and commerce for record within 30 days as of the day of changing the registration and signing the contract for approval of using the famous trade mark. Whoever is allowed to use others’ famous trade mark according to law must indicate the name of the person who is allowed to use the famous trade mark and the origin of the product on the product which the famous trade mark is used. The owner of famous trade mark shall supervise the quality of the product which is used by the person who is allowed to use the famous trade mark. Article 20 The owner or user of famous trade mark may, as of the announcement day, use the words “Famous Trade Mark in Shandong Province” on the product and its packing, decoration, user’s book, business letter, advertisement, exhibition and other business activities that are approved to be used. Others shall not use the words “Famous Trade Mark in Shandong Province without accreditation according to law or without the approval of the owner of the famous trade mark according to law. Article 21 In the products similar to the product the famous trade mark refers to, others shall not conduct following behaviours: (1) Combine the words, figures, letters, numbers, three-dimensional symbol and color that are as same as or similar to the famous trade mark, and use the combination of above essential factors as the name, packing or decoration of the product, or as unregistered trade mark, and that may cause the misunderstanding of corresponding public. (2) Use the name, packing or decoration that the product the famous trade mark refers to specifically has or similar to it, and may cause misunderstanding of corresponding public. Article 22 The owner or user of famous trade mark may ask the administration for industry and commerce to stop the behaviour that combines the words, figures, letters, numbers, three-dimensional symbol and color as same as or similar to famous trade mark on the product that is different from or not similar to the product the famous trade mark refers to, and use the combination of above essential factors as the name, packing, decoration of a product or as unregistered trade mark, and may cause the corresponding public misunderstanding. Article 23 If others use the words same as or similar to famous trade mark as the enterprise’s name and may cause injury to the rights and interests of famous trade mark, the administration for industry and commerce shall not register for them except for the names that was registered before. Article 24 Where the right of famous trade mark is infringed, the owner or the user of the famous trade mark may ask the provincial administration for industry and commerce for help. The provincial administration of industry and commerce shall assist to solve it. Article 25 The owner of the famous trade mark may transfer the trade mark according to law. The assignee shall, if the trade mark needs to be used as famous trade mark continuously after accepting the trade mark, apply again for the accreditation of it according to the provisions of these measures. Article 26 The famous trade mark shall be cancelled and an announcement about it shall be made by the provincial administration for industry and commerce for any of following circumstances: (1) Obtain famous trade mark by providing false documents or materials and other means of cheating; (2) Within the period of validity of the famous trade mark, the quality and after-sale service of the product the famous trade mark refers to is bad, or the output, sales, tax amount, market share and other main economic data decrease seriously; (3) Go beyond approved range of use without permission, and was ordered to make correction within time limit but refused to do so; (4) Do not apply for renewal within the time limit, or do not meet with the requirements as stipulated in Article 6 of these measures after the application for renewal and examination were made; (5) Other behaviours that seriously violate the management rules on use of trade mark. To any owner or user of famous trade mark who is in the circumstance as prescribed in Section (1), the provincial administration for industry and commerce shall not accept and handle again his application for accreditation within three years as of the day of canceling the announcement. Article 27 The provincial administration for industry and commerce shall not collect or collect in disguise any other charges from the applicant when organizing the examination and accreditation of famous trade mark except for collecting examination fee, announcement fee in accordance with rules. The standard for the examination fee and announcement fee shall be set by the provincial administration for price together with financial department. Article 28 Whoever violates these measures and has one of following behaviours shall be punished by the provincial administration for industry and commerce in accordance with following provisions: (1) The owner of famous trade mark who does not register for record in accordance with rules after registering for change or signing a contract for using famous trade mark shall be given a warning and ordered to make correction within time limit. Whoever does not make any correction within time limit shall be fined less than 1,000 yuan. (2) Without legal accreditation or the permission of the owner of the famous trade mark, any one who uses the words “Famous Trade Mark in Shandong Province” himself shall be ordered to make correction and the trade mark symbol shall be confiscated, and fined more than 5,000 yuan and less than 20,000 yuan in light of different circumstances; (3) The owner or user of famous trade mark who expands the range approved for the product the famous trade mark refers to without approval shall be ordered to make correction and fined more than 10,000 yuan and less than 30,000 yuan in light of different circumstances; (4) Whoever obtains famous trade mark by providing false documents, materials and other means of cheating shall be fined more than 1,000 yuan and less than 10,000 yuan in light of different circumstances, and the guidebook, packing, decoration and etc. that are made illegally shall be confiscated. Article 29 Whoever violates these measures, infringes the exclusive rights of famous trade mark of the famous trade mark owner, or whose product symbol does not meet the requirements, or cheat the consumer by producing product in a rough and slipshod way, passing inferior stuff off as quality goods during the use of famous trade mark shall be punished by the administration for industry and commerce at the level higher than county or other relative department in accordance with the provisions of Trade Mark Law of the People’s Republic of China, Anti-Unfair Competition Law of the People’s Republic of China and other laws and regulations. Article 30 If the administration for industry and commerce and its staffs are in one of following circumstances, the person in charge and other direct responsible persons shall be given administrative sanction in accordance with law. Whoever commits a crime shall be ascertained criminal liability: (1) Violate legal procedures to organize examination and accreditation of famous trade mark; (2) Do not perform duty for protecting famous trade mark; (3) Collect charges from the applicant illegally; (4) Abuse one’s power, practice favouritism and engage in irregularities and cause serious consequences. Article 31 Any member of accreditation commission for famous trade mark, who resorts to deception, practices favouritism and engage in irregularities and cause the accreditation seriously untrue, shall be given administrative sanction by his unit or supervision organ in accordance with law, whose member qualification shall be cancelled by the provincial administration for industry and commerce. Article 32 The standard for the accreditation of famous trade mark and the qualification, term of the members of accreditation commission and concrete accreditation procedures, rules and etc. shall be worked out by the provincial administration for industry and commerce together with relative authorities, published and implemented after reporting to and approved by the People’s Government. Article 33 The provisions on the trade mark of the product in these measures apply to service trade mark, certification mark and collective mark. Article 34 These measures shall come into effect as of April 1, 2006

Measures for the Protection of Intellectual Property Rights During Exhibitions

The following text was retrieved from the Ministry of Commerce's National Working Group for Intellectual Property Protection Web site on May 31, 2006.

Guiding Opinion of the All China Lawyers Association Regarding Lawyers Handling Cases of a Mass Nature (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Guiding Opinion of the All China Lawyers Association Regarding Lawyers Handling Cases of a Mass Nature," distributed by the All China Lawyers Association on March 20, 2006. A summary of the projected impact of these provisions is available <a href="/pages/virtualAcad/index.phpd?showsingle=53561">here</a>. <HR> At present and hereafter, during this important era in which our nation is constructing a socialist harmonious society, the correct handling of cases of a mass nature is essential to the construction of a harmonious society. Cases of a mass nature more commonly occur in land requisitioning and levying of taxes, building demolitions, migrant enclaves, enterprise transformation, environmental pollution, and protection of the rights and interests of rural laborers, among other areas. Cases of a mass nature generally have comparatively complicated social, economic, and political causes, and have effects on the state and society that vary in degree and cannot be ignored. Thus, there is a need to standardize and guide lawyer handling of cases of a mass nature. Thus, the following work opinions are put forward: I. 1. Cases of a mass nature are defined as many (10 or more) people serving as one party to the matter, who, on the basis of the same or similar questions of fact or questions of law, initiate litigation by one representative or joint litigation; or cases in which the matter is divided and handled through a series of litigation or non-litigation. Law firms are entrusted in accordance with law to provide legal services on non-litigation, litigation, and related tasks in cases of a mass nature; or, in accordance with relevant laws and regulations, lawyers can undertake other legal tasks in cases of a mass nature. Lawyers who undertake cases of a mass nature can only go through legal channels to perform their professional duties with respect to the legal issues. Lawyers who intervene in cases of a mass nature must be helpful to the government, enterprises, and other opposing parties in their handling of matters in accordance with law. Lawyers who get involved on an individual case basis, engage in analysis and inquiry, and propose legal opinions and suggestions, must be helpful to the promotion of judicial and legislative activities and lawful administration. In cases of a mass nature, lawyers can be retained by a mass client and provide legal consultation on their behalf, participate in mediation, and act as their agent in litigation. Lawyers can also provide consultative services as legal counsel to the government and enterprises, in order to assist the government and judicial agencies in handling and resolving issues, and can also be retained by the government, enterprises, and other opposing parties, to act as their agent in litigation and participate in mediation. Lawyers who handle cases of a mass nature shall serve their client within the bounds of their professional duties, in accordance with law and strictly abiding by professional ethics and disciplinary rules. 2. Lawyers shall, with a great sense of social responsibility, attach the utmost significance to cases of a mass nature; be devoted to the Constitution; be devoted to the law; be devoted to their duties; maintain their principles; safeguard their client's lawful rights in a way that fulfills their duties and responsibilities; safeguard the law, social equity, and justice; actively participate in and facilitate the appropriate resolution of cases of a mass nature; safeguard the nation's stability; ensure economic development; and promote social harmony. Lawyers who handle cases of a mass nature shall attempt to resolve contradiction and conflict, and assist all parties to a dispute in the selection of lawful, suitable, peaceful, and reliable paths and methods for resolution of the dispute. They shall propose mediation to resolve conflict. 3. Lawyers who handle cases of a mass nature shall adhere to this "Guiding Opinion," in addition to strictly abiding by professional ethics, disciplinary rules, and other industry rules. Lawyers who handle cases of a mass nature shall accept supervision and guidance by judicial administration departments. Lawyers associations have the responsibility to supervise, standardize, and safeguard lawyers handling cases of a mass nature in accordance with law. II. Lawyers who handle cases of a mass nature shall pay attention to good handling of their relationships with the client, judicial agencies, the government, the media, and the public, among others. Relationship with client. 1. Lawyers shall assist, supervise, and urge the client to honestly testify to the details of the case, and cannot support or assist the client in intentionally concealing or omitting important evidence or providing false testimony. 2. Lawyers shall do their best to avoid development of a situation in which the popular mood becomes unstable because a portion of the clients or the representative has provided false testimony or distorted the details of the case. 3. Lawyers shall refuse blatantly irrational demands raised by the client, the client's representative, or the client's agent. 4. Lawyers must neither instigate nor participate in the petitioning activities of the client, the client's representative, or the client's agent. Lawyers must neither participate in nor suggest the client's use of methods such as violating public security or interfering with the normal work of state agencies to compel a resolution to the case. 5. Where the following circumstances exist, a law firm can rescind the retainer agreement and terminate the lawyer-client relationship: (1) The client persists in demands that violate the law; (2) The client conceals or distorts important facts; (3) The client uses the lawyer's services to engage in activities that violate the law; (4) Other objective reasons that make it difficult for the lawyer to normally perform professional duties. Relationship with judicial agencies. After a lawyer has accepted a case of a mass nature, he must promptly and fully communicate with the relevant justice bureau, and seek truth from the facts to report the situation, so that the appropriate level of significance may be attached. He must actively assist the judicial agency in ascertaining the facts. If there is a need, he can go through the lawyers association to report any problems to the judicial agency. Relationship with the government. After a lawyer has accepted a case of mass nature, he must go through legitimate channels to promptly report the situation to the relevant government bureaus. If he discovers issues or signs of a potential intensifying of the conflict or expanding of the situation, he shall immediately report to judicial administration authorities. Relationship with the media. Lawyers and law firms must have an appropriate grasp of their relations with the media (including online media), seek truth from the facts, and be cautious in their commentary. They must not stir up the news, and must not pay for news coverage. They shall discreetly handle their contacts with overseas organizations and overseas media. III. Lawyers who handle cases of a mass nature shall comply with the following demands: 1. The system of reporting and placing cases on file. After a law firm has been retained in a case of a mass nature, it shall promptly report to the lawyers association to which it is subordinate. Where numerous law firms have undertaken a case on behalf of different clients, but based on the same appeals, they can consult with one another to determine the one law firm that will be responsible for reporting to the lawyers association. Law firms in different regions that accept the same case shall separately report to the respective lawyers associations to which they are subordinate. 2. Collective discussion, reinforced supervision. The undertaking of a case of a mass nature shall be collectively discussed and decided upon by at least three partners at a law firm, who will jointly accept the retainer, designate a person to undertake the case, and mutually research a work plan. The director of the law firm shall have full responsibility for oversight and supervision of lawyers handling cases of a mass nature, and shall promptly curb and adopt remedial measures against any behavior in violation of regulations that is discovered during the course of a lawyer's handling of the case. 3. Completion of consultation and intake work. Law firms shall arrange for two or more politically and professionally qualified, well-experienced lawyers to conduct intake during consultations on cases of a mass nature, and they shall complete an intake record. One must be painstaking and thorough in responding to those who come in for consultation, and cannot be hasty in providing opinions. Law firms that decide to take a case shall complete a comprehensive record of their acceptance of the case. 4. Lawyers who are requested by the relevant government bureau to participate in intake work for petitioning must safeguard social stability while also safeguarding the lawful rights of the mass client. Lawyers shall, within the bounds of their own professional duties, work hard to support the work launched by the relevant bureaus, lead the client towards the lawful handling of matters, and do their best to persuade the client not to petition to higher levels or to mass petition. 5. Depending on the particular circumstances of a case of a mass nature, law firms can enter into a retainer agreement with the client and also enter into a retainer agreement with the client's authorized representative or agent. After a case has entered the litigation stage and a court has made a request for each retainer letter authorized by the client, the law firm shall assist with the formalities. 6. After a case of a mass nature has concluded, the law firm shall promptly report the situation to the lawyers association to which it is subordinate. 7. Law firms shall guarantee the completeness, thoroughness, orderliness, and tidiness of the case dossier while handling a case of a mass nature. IV. When lawyers handle cases of a mass nature in accordance with law, a lawyers association shall provide support, guidance, and supervision: 1. Lawyers associations have the authority to familiarize themselves with the circumstances of a lawyer's handling of a case, and to put forward suggestions; 2. Pursuant to a law firm's request, a lawyers association can organize an individual case study. It can also, on its own, decide to convene a case study symposium and put forward its opinions; 3. With respect to cases of a mass nature with major impact, lawyers associations shall promptly communicate and coordinate with the relevant bureaus. Lawyers associations can, based on need, express their opinions to the public on issues related to the case. 4. If there is harm to a lawyer's personal integrity and professional rights, a lawyers association shall promptly report the situation to the relevant bureau and urge the relevant bureau to adopt measures to safeguard the lawyer's lawful rights; 5. If there is harm to a lawyer's professional rights outside [his practicing jurisdiction], and he requests support from the lawyers association to which he is subordinate, the lawyers association receiving his request shall provide support. The All China Lawyers Association can, based on need, conduct organized coordination of activities to defend the lawyer's rights. 6. Law associations can, based on request by a law firm or on the basis of their judgment regarding appropriate handling of the issue, propose or remind each party's lawyers to enter into mediation and negotiation, and to resolve conflict. 7. With respect to cases of a mass nature with major impact, lawyers associations shall promptly share information with the judicial administration departments at their same level [of administration]. 8. If a lawyer or law firm does not handle cases of a mass nature in accordance with this "Opinion," and thus brings about a negative impact, a lawyers association can administer a punishment based on the relevant industry rules or propose the administration of a punishment by a judicial administration department. 9. Lawyers associations shall strengthen professional training for lawyers handling cases of a mass nature and shall provide general guidance on situational policies, case handling strategies, and work demands. V. When taking on major cases of a sensitive nature, lawyers shall abide by this guiding opinion. Cases of a mass nature that have already been taken on before this "Guiding Opinion" went into effect shall be reorganized in accordance with the demands of this "Guiding Opinion." The All China Lawyers Association Executive Council will take on responsibility for interpreting and revising this "Guiding Opinion." This "Guiding Opinion" was formulated based on the "Lawyers Association Articles of Association." It has been placed on filed with judicial administration departments. This "Guiding Opinion" will be implemented on a trial basis from the date of its issuance.

Decision of the State Council Establishing Administration Examination and Approval Matters That Must Remain Subject to Administrative Licensing (Chinese Text)

The following text was retrieved from the Chinese Central Government <A HREF="https://www.gov.cn/zwgk/2005-06/20/content_7908.htm">Web site</A> on June 29, 2004.

Circular On Problems Related To The Creation of Party Organizations In Social Organizations (Chinese and English Text)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Central Party Circular On Problems Related To The Creation of Party Organizations In Social Organizations," issued by the Communist Party Central Committee Organization Department and Ministry of Civil Affairs in 1998. The Chinese text was retrieved from the Ministry of Civil Affairs' <a href="https://www.mca.gov.cn/artical/content/WJYL_MJZZ/20041013142317.html">Web site</a> on April 13, 2006. <br> Communist Party Central Committee Organization Department and Ministry of Civil Affairs Circular On Problems Related To The Creation of Party Organizations In Social Organizations 1998 (#6), To all organization departments of party committees, provinces, autonomous regions, and directly administered municipalities; civil affairs officials of provinces, autonomous regions, and directly administered municipalities; central ministries and commissions, the party groups and committees of national organs, and party organizations in mass organizations: Since the third plenary session of the 11th Party Congress, hand in hand with economic development and social progress, the number of social organizations in China has steadily increased. These organizations have played a positive role in China’s social, economic, scientific and technological, and cultural development as well as contributing to better relations between China and the outside world. In order to strengthen the work of the party within social organizations and encourage the healthy establishment of social organizations (not including those social organizations in which the functions, personnel, and core funding decisions are decided at the national governmental level) a notice on problems related to the establishment of party organizations in social organizations follows: 1) Those social organizations who have been registered by supervisory bodies (and have already been certified as having complete their cleanup and reorganization), and who have at least 3 party members in good standing, should set up a basic party organization. The setup of such organizations will be examined and approved by the party organization of its sponsor organization or government sponsor. In the course of preparing their courses of action, social organizations should consider the question of party organizations. The sponsor organization or government sponsor should understand and grasp the situation of the social organization and should help those organizations set up, or complete the set up of basic party organizations. 2) For social organizations that have already created party organizations, party members who are full-time personnel of the permanent office of the social organization should switch over to the party organization of their social organization. For those social organizations who have not yet set up a party organization, party members who are full-time personnel of the their permanent office of the social organization can enter party organizations within their sponsor organization or other government sponsor, so as to participate in party activities. 3) The creation of party organizations within social groups should be done in accordance with the number of party members of that organization and the work it does. For organizations with between 3 and 50 party members, a party branch committee may be set up, but for those organizations with fewer than 7 party members, it is allowed to not set up a committee, but rather create a post for secretary. For organizations with between 50 and 100 party members, a general branch party committee will be set up. For those organizations with over 100 party members, a basic level committee will be set up. A basic level party organization will come into force through a member conference or representative conference. A general level committee will come into force through member conference. Basic level committees will have a 3 year term of office; general branch committees and branch committees will have 2 year terms of office. A social organization’s party organization will generally not establish full-time cadres. In this case, the day-to-day party responsibilities will be carried about by members of the party organization itself. Larger organizations and those with many members can establish a party organ and designate full time party members to carry out party duties. 4) The party organization of a social organization should fully carry out tasks set out by the party constitution. In particular, it should complete the following tasks: &#61550; Support the social organization and its responsible persons to carry out work in accordance with the organization charter and goals, and to carry out the role of social organizations in the construction of socialism. &#61550; Strengthen the education, management and supervision of party members; adopt and bring into play the exemplary work of the party vanguard; positively develop professional activities; and ensure the work of the social organization contributes to the development of socialism. &#61550; Supervise and ensure that the responsible person of the social organization carries out the party line, policies, and abides by national laws and regulations. 5) Party organizations within social organizations must conscientiously receive guidance from the party organizations of sponsor organizations and government sponsors. Timely reports on its activities should be produced and any questions the party organization should seek timely guidance on important questions. The sponsor organization or government sponsor of a social organization should pay great importance to the work of the social organization’s party organization, and strengthen the process of setting up the party organization. They should also help the social organization’s party organization to solve its practical problems, and fully bring about the positive reform and modernization of those party organizations.

Xinjiang Uighur Autonomous Region Regulation on Population and Family Planning (Chinese Text)