NPCSC Amends Criminal Procedure Law, Overhauls Judicial System Organic Laws, Loosens Stock Buyback Restrictions & Designates SPC as National IP Appeals Court (FURTHER UPDATED)

UPDATE (Oct. 31, 2018): An English translation of the Criminal Procedure Law with the latest amendment incorporated is available here.

UPDATE (Oct. 30, 2018): An English translation of the International Criminal Justice Assistance Law is available here.


The 13th NPC Standing Committee (NPCSC) concluded its sixth session on Friday. Below we will take a look at the series of laws and decisions it adopted, with a focus on five of them: an amendment to the Criminal Procedure Law, revisions to the organic laws of courts and procuratorates, an amendment to the Company Law, and a decision altering appeals procedures in technical intellectual property cases.

Continue reading “NPCSC Amends Criminal Procedure Law, Overhauls Judicial System Organic Laws, Loosens Stock Buyback Restrictions & Designates SPC as National IP Appeals Court (FURTHER UPDATED)”

NPCSC Session Watch: Anti-Corruption, Judicial Reform, Stock Buybacks, Drug Approval & Patent Litigation (UPDATED)

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UPDATE (Oct. 22, 2018): According to the finalized agenda released on Monday, the State Council submitted for consideration a draft amendment to the Drug Administration Law [药品管理法] to codify the marketing authorization holder system (discussed below), among other changes. It appears that there will be an opportunity for public comments before this amendment passes.

In addition, the draft decision relating to patent litigation procedure (see below) is poised to authorize the Intellectual Property Division of the Supreme People’s Court (SPC) to hear (second-instance) appeals in all civil or administrative patent cases (other than those involving design patents) and certain other types of intellectual property cases involving technical expertise—thus bypassing provincial high courts. In other words, it looks like that the SPC’s IP Division will essentially act as China’s Federal Circuit. But whether the Division’s decisions are further reviewable is not clear at this point. As we said below, we expect the decision to pass this Friday, at which point we will have more information.


The Council of Chairmen decided on Monday (October 15) that the NPC Standing Committee (NPCSC) will hold a five-day session next week, from October 22 to 26. Absent any bill added at the last minute, the session is scheduled to review 12 legislative bills. Below is our usual rundown.

Continue reading “NPCSC Session Watch: Anti-Corruption, Judicial Reform, Stock Buybacks, Drug Approval & Patent Litigation (UPDATED)”

NPC Calendar: August 2018

August 1 is the tenth anniversary of the entry into force of the Anti-Monopoly Law (反垄断法).

The 13th NPC Standing Committee (NPCSC) is expected to convene for its fifth session later this month. The Council of Chairmen is expected to meet in mid-August to decide on the dates and agenda of the session.

The following draft laws have been tentatively scheduled for this upcoming session according to the NPCSC’s 2018 legislative plan:

It is possible that the draft amendment to the Criminal Procedure Law (刑事诉讼法) would be submitted for another round of deliberation as well.

Continue reading “NPC Calendar: August 2018”

NPC Standing Committee Releases 2018 Legislative Plan

The NPC Standing Committee (NPCSC) on Friday released its annual legislative plan for 2018. As usual, the plan is divided into two sections—the first listing specific legislative projects slated for discussion at the NPCSC’s remaining five sessions in 2018, and second setting forth general guiding principles for its legislative work this year. We will discuss only the first part in this post.

Continue reading “NPC Standing Committee Releases 2018 Legislative Plan”

NPCSC Releases Seven Draft Laws for Public Comments: December 29, 2017 (UPDATED)

UPDATE (Jan. 19, 2018): This post has been updated with links to an English translation of the draft Heroes and Martyrs Protection Law.

UPDATE (Jan. 4, 2018): This post has been updated with links to English translations of the draft revisions to the Procurators Law and Judges Law, and to the draft People’s Assessors Law.


The NPC Standing Committee (NPCSC) on December 29 released the following draft laws for public comments until January 27, 2018:

  1. Procurators Law (Draft Revision) 检察官法修订草案 (ENGLISH)
  2. Judges Law (Draft Revision) 法官法修订草案 (ENGLISH)
  3. People’s Assessors Law (Draft) 人民陪审员法草案 (ENGLISH)
  4. International Criminal Justice Assistance Law (Draft) 国际刑事司法协助法草案
  5. Basic Healthcare and Health Promotion Law (Draft) 基本医疗卫生与健康促进法草案
  6. Heroes and Martyrs Protection Law (Draft) 英雄烈士保护法草案 (ENGLISH)
  7. Soil Pollution Prevention and Control Law (Draft for 2nd Deliberation) 土壤污染防治法草案二次审议稿

All linked files are PDF documents in Chinese. English translations will be posted here when they become available. The NPCSC has also released explanations of these draft laws, which can be viewed at this link.

To submit comments online, please refer to these instructions. The “Occupations” dropdown list for the draft revisions to the Judges Law and the Procurators Law includes a new top item: “Judges, procurators, lawyers, or other legal practitioners” (法官检察官律师等法律从业人员).

Comments can also be mailed to the NPCSC Legislative Affairs Commission (全国人大常委会法制工作委员会) at the following address:

Chinese: 北京市西城区前门西大街1号 邮编:100805
English: No. 1 West Qianmen Avenue, Xicheng District, Beijing 100805

Please clearly write “[BILL NAME IN CHINESE]征求意见” on the envelope.


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