New Regulations Express: A Batch of New Rules Take Effect Today, Minors Under 10 Prohibited from Endorsing Advertisements
China News Service, September 1 - Minors under the age of 10 are prohibited from endorsing advertisements, interest exceeding an annual rate of 36% on private lending is invalid, and case handlers are strictly prohibited from personally keeping case-related property... As September begins, a batch of newly revised regulations will officially take effect, including the newly revised Advertising Law, the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, and the newly revised Provisions on the Administration of Case-Related Property by Public Security Organs.
——Minors under 10 years old are prohibited from endorsing advertisements.
The newly revised Advertising Law will take effect on September 1. The new law explicitly prohibits the publication of tobacco advertisements in mass media, public places, public transportation, or outdoors; advertisements for health foods are prohibited from involving disease prevention or treatment functions.
The new law also stipulates that no unit or individual may send advertisements to another person's residence or means of transportation without their consent or request, nor may they send advertisements via electronic means. When using the internet to publish or send advertisements, it must not affect users' normal use of the network. Advertisements published on internet pages in forms such as pop-ups must prominently display a close mark to ensure one-click closure.
The new law clearly states that advertising endorsers may not recommend or testify for goods they have not used or services they have not received. Minors under the age of 10 may not be used as advertising endorsers. On mass media targeting minors, advertisements for medical treatment, drugs, health foods, medical devices, cosmetics, alcohol, beauty services, and online game advertisements that are detrimental to minors' physical and mental health are prohibited.
——The Strictest Real-Name Registration System for Mobile Phone SIM Cards Takes Effect
Starting from September 1, in accordance with the requirements of the Ministry of Industry and Information Technology, telecommunications companies will require users to present their personal ID cards when selling mobile phone SIM cards through various physical marketing channels, and verify them on the spot using second-generation ID card readers.
Under the special action plan for combating unregistered phone "black cards," jointly issued earlier this year by the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Industry and Commerce, telecom companies must comprehensively advance the supplementary registration of unregistered long-standing users. For unregistered long-standing users who joined the network before September 1, 2013, telecom companies must, in accordance with the law, require them to complete supplementary registration when they apply for new services or replace their mobile phone cards, ensuring that the real-name registration rate for all telephone users of the company reaches 90% by December 31, 2015.
——Supreme People's Court Regulates Private Lending: Interest Exceeding 36% Annual Rate Is Invalid
The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, issued by the Supreme People's Court in early August, specify that where the interest rate agreed upon by both lenders and borrowers does not exceed an annual rate of 24%, the lender has the right to request the borrower to pay interest at the agreed rate; however, if the interest rate agreed upon by both parties exceeds an annual rate of 36%, the portion of interest exceeding the annual rate of 36% shall be deemed invalid. The Provisions took effect on September 1, 2015.
The Provisions also specifically enumerate the circumstances under which a private lending contract shall be deemed invalid, including: where credit funds are obtained from a financial institution and then re-lent to the borrower at a higher interest rate, and the borrower knew or should have known of this in advance; where funds obtained by borrowing from other enterprises or by raising funds from the employees of one’s own entity are re-lent to the borrower for profit, and the borrower knew or should have known of this in advance; where the lender knew or should have known in advance that the borrower would use the loan for illegal or criminal activities and still provided the loan; where the contract violates public order and good morals; and other circumstances that violate mandatory provisions of laws and administrative regulations concerning validity.
——Ministry of Public Security: Case-handling personnel are strictly prohibited from keeping case-related property in their own custody.
The Ministry of Public Security recently completed a comprehensive revision of the Provisions on the Administration of Property Involved in Cases by Public Security Organs issued in 2010. The new provisions require public security organs at all levels to strictly follow procedures for sealing, seizing and freezing property involved in cases, and prohibit taking measures such as sealing, seizing, freezing or detaining property before a criminal case is filed or an administrative case is accepted. The new provisions took effect on September 1, 2015.
The new regulations emphasize that case-handling departments shall designate police officers not involved in case handling to be responsible for the receipt, custody, transfer, and other management of property involved in cases within their departments; case handlers are strictly prohibited from keeping property involved in cases in their own custody.
The new regulations specify that when public security organs take measures such as sealing, seizing, or detaining valuable property like cultural relics, gold, silver, jewelry, and famous paintings, they must photograph or record videos, and promptly conduct appraisals and valuations. When taking measures on case-related property, necessary living expenses and items must be reserved for criminal suspects and their dependents. If it is confirmed that the property is unrelated to the case, the measures must be lifted within three days and the property returned to the parties.
The new regulations also emphasize that when a case has reached a clear conclusion—such as "a criminal case is lawfully withdrawn," "an administrative case results in a decision not to impose administrative penalties because the illegal facts cannot be established," or "a people's court renders a verdict of not guilty"—and the property involved is under the management of a public security organ, the relevant measures shall be promptly lifted and the property returned to the parties concerned.
I'm ready to help translate your Chinese legal content into professional English for the Shenzhen Zhiming Law Firm website. Please provide the Chinese text you'd like me to translate.——Express delivery operation areas must be equipped with surveillance cameras, which may effectively curb rough and violent sorting.
China's first mandatory postal industry standard will take effect on September 1. The new regulation requires express delivery companies to install video surveillance cameras in business premises, processing areas, entrances and exits connected to the outside, and parking and loading areas, with round-the-clock operation and image data retained for no less than 30 days. Video surveillance images and data shall be networked and connected with the video surveillance systems of postal administration departments.
Media analysis suggests that this move will effectively curb phenomena such as rough and violent sorting, perfunctory inspection, and unexplained package damage in the courier industry.
For urban delivery vehicles and collection vehicles such as postal and courier-specific electric tricycles, the regulation requires them to have enclosed compartments to prevent mail and parcels from being exposed, and they must be equipped with locking devices. Urban delivery vehicles must also comply with relevant regulations, including being equipped with satellite positioning systems and having rigid isolation devices between the cab and the cargo compartment.
I'm ready to help translate your Chinese legal content into professional English for the Shenzhen Zhiming Law Firm website. Please provide the Chinese text you'd like me to translate.——The Measures for the Administration of Food Recalls take effect today, with Level I recalls to be initiated within 24 hours.
In March of this year, the China Food and Drug Administration announced that the Measures for the Administration of Food Recalls would take effect on September 1, 2015. Based on the severity and urgency of food safety risks, food recalls are classified into three levels. Those that “have caused or may cause serious health damage or even death after consumption” are defined as Level I recalls. Food producers shall initiate a recall within 24 hours after becoming aware of the food safety risk and complete the recall within 10 working days from the date of announcement.
In addition to recalls, the Measures also stipulate provisions for ceasing production and operation. For example, if a food producer or operator discovers that the food they produce or operate is unsafe, they must immediately cease production and operation, notify relevant food producers and operators to stop production and operation and consumers to stop consumption through notifications or announcements, and take necessary measures to prevent and control food safety risks.
This Measure specifically mentions online food purchases: If a third-party platform provider for online food transactions discovers that food sold by an online food operator is unsafe, it must take measures such as stopping online transaction platform services in accordance with the law to ensure that the online food operator ceases to operate the unsafe food. (End)
