[New Regulations Express] A batch of new regulations take effect today, prohibiting minors under 10 from endorsing advertisements
China News Service, September 1st. Minors under 10 years old are banned from endorsing advertisements; the portion of interest on private lending exceeding an annual rate of 36% is invalid; case-handling personnel are strictly prohibited from keeping case-related property themselves... Entering September, a batch of new 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 "Several Provisions on the Management of Case-Related Property by Public Security Organs."
——Minors under 10 years old are banned from endorsing advertisements.
The newly revised "Advertising Law" will take effect on September 1st. The new law clearly stipulates that tobacco advertisements are prohibited on mass media, in public places, on public transportation, and outdoors; health food advertisements are banned 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 system for mobile phone cards is implemented.
According to the requirements of the Ministry of Industry and Information Technology, starting from September 1, when selling mobile phone cards through various physical marketing channels, telecom companies will require users to present their personal ID cards and verify them on-site using a second-generation ID card reader.
According to the special action work plan for the governance of telephone "black cards" jointly issued by the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Industry and Commerce at the beginning of the year, to comprehensively promote the supplementary registration of unregistered old users, for unregistered old users who joined the network before September 1, 2013, telecom companies must legally require them to complete supplementary registration when handling new services or replacing mobile phone cards, ensuring that by December 31, 2015, the real-name registration rate of all telephone users in the company reaches 90%.
—The Supreme People's Court regulates private lending, with interest exceeding 36% per annum deemed 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 clarify that if the interest rate agreed upon by both parties in a loan does not exceed 24% per annum, the lender has the right to request the borrower to pay interest at the agreed rate; however, if the agreed interest rate exceeds 36% per annum, the portion of interest exceeding 36% per annum shall be deemed invalid. The provisions take effect from September 1, 2015.
The "Provisions" also specifically list situations where private lending contracts should be deemed invalid, including: obtaining credit funds from financial institutions and then lending them at high interest to the borrower, with the borrower knowing or should have known in advance; obtaining funds by borrowing from other enterprises or raising funds from the unit's employees and then lending them to the borrower for profit, with the borrower knowing or should have known in advance; the lender providing loans despite knowing or should have known that the borrower intends to use the funds for illegal or criminal activities; violating public order and good customs; and other violations of mandatory provisions of laws and administrative regulations.
—Ministry of Public Security: Investigators are strictly prohibited from personally retaining case-related property.
The Ministry of Public Security has recently comprehensively revised the "Several Provisions on the Management of Case-Related Property" issued in 2010. The new regulations require public security organs at all levels to strictly follow procedures for sealing, seizing, and freezing case-related property, and prohibit such measures before the filing of criminal cases or acceptance of administrative cases. The new regulations will take effect on September 1, 2015.
The new regulations emphasize that case-handling departments should designate police officers not involved in case handling to manage the receipt, custody, and transfer of case-related property, and prohibit case handlers from personally keeping such property.
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 a clear conclusion, such as "criminal case legally withdrawn," "administrative case where no administrative penalty is imposed due to the lack of illegal facts," or "court ruling of not guilty," if the case-related property is under the management of public security organs, the relevant measures should be promptly lifted and the property returned to the parties.
——Express delivery operation areas must install surveillance, 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 that express delivery companies install video surveillance cameras in business premises, processing areas, all external entrances and exits, parking and loading areas, operating 24/7, with image data retained for no less than 30 days. Video surveillance images and data should be connected to the postal management department's video surveillance system.
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.
—The Food Recall Management Measures take effect today, with Level 1 recalls to be initiated within 24 hours.
The China Food and Drug Administration released information in March this year stating that the Food Recall Management Measures will take effect from September 1, 2015. Based on the severity and urgency of food safety risks, food recalls are divided into three levels. Cases where "consumption has caused or may cause serious health damage or even death" are classified as Level 1 recalls. Food producers must initiate the recall within 24 hours of learning of the food safety risk and complete the recall within 10 working days from the date of the public 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)
