SINOTALKS® In Brief (Page 2)

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The Chinese leadership just released a document to reaffirm the value of private enterprises and to urge the implementation of actions that will help address a wide range of problems facing these enterprises. Will this lead to a new wave of entrepreneurship mirroring the success of earlier waves that gave rise to well-known companies such as Tencent?Read this article

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The global legal services market has been predicted to grow to USD 1,311.63 billion by 2031, with the fastest-growing regions being South America, the Middle East, Africa, and Eastern Europe and it is estimated that their compound annual growth rates will range from 11.1% to 8.9%. What are the implications of these predictions for lawyers and rule-of-law developments in China?Read this article

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Victoria Borodinova, Bedouin, Desert, Caravan, Camels (Publicdomainpictures.net)

Long before the emergence of AI chatbots, China had already prioritized the development of AI, resulting in the promulgation of pioneering legislation to boost foreign investment. Applying similar long-term planning skills, China began years ago to revive the glory of Xi’an, the eastern terminus of the ancient Silk Road, by enhancing the city’s capacity to resolve legal disputes arising from China’s current Belt and Road Initiative. Xi’an’s recent hosting of the China–Central Asia Summit has signaled the city’s potential to facilitate again the economic development in this region. These achievements are quite remarkable. How did China get here and where will this likely lead to? Read this article

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Victoria Borodinova, Brazil Flag, Brazil, Friendship (Publicdomainpictures.net)

In their recent joint statement on climate change, China and Brazil stress the need to combine “urgent climate responses” with the protection of nature to, among other goals, eradicate hunger. Accomplishing these goals will not be easy because some are conflicting. High-yielding seeds needing little agricultural inputs to grow seem to be the panacea required. Are legal tools available to help incentivize the development of such seeds?Read this article

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(Publicdomainpictures.net)

Since being confirmed as President of the People’s Republic of China for an unprecedented third term, XI Jinping has quickly produced a series of high-profile diplomatic achievements, including the recent normalization of relations between Saudi Arabia and Iran mediated by China. What legacy will this early success lead to?Read this article

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Jiangxi, an inner Chinese province neighboring three prosperous coastal provinces, i.e., Zhejiang, Fujian, and Guangdong, has defied China’s national population decline to gain population growth. What is Jiangxi’s recipe for success? Can useful lessons be derived from this success and adopted by other regions in China?Read this article

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The Supreme People’s Court’s issuance of 26 new Guiding Cases, China’s de facto binding precedents, during the last few weeks of 2022 brought the total number of these cases issued in the entire year to 33, a record-high number that has only been matched in 2019. A comparison of Guiding Cases released before and after 2019 shows positive developments and, as explained in this article, gives optimism for 2023.Read this article

Last Sunday, Dr. Mei Gechlik delivered a keynote speech titled Zhejiang, Case Guidance, and China’s Global Economic Development at a conference held in Hangzhou, Zhejiang Province. The speech turned out to be timely as on the same day, a Chinese Communist Party leader visited Alibaba, the e-commerce giant headquartered in Zhejiang. The visit not only marked the first of this type since Alibaba faced serious regulatory investigations, but also occurred only two days after President Xi Jinping chaired the country’s economic working conference, at which China’s “platform enterprises” (e.g., Alibaba) were called upon to “show their talents in leading [the country’s] development, job creation, and international competition”.Read this article

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U.S. President Joe Biden’s recent meeting with Chinese President XI Jinping has eased the growing tension between the two countries, giving rise to hope that the difficult Taiwan issue will be unlikely to trigger conflict in the near future. This development is in line with the mainstream stance taken by people in Taiwan. The majority of respondents to surveys conducted from 1994 to 2022 have expressed their wish to see Taiwan (a) maintain the status quo and then decide the future at a later date; or (b) maintain the status quo indefinitely. What does this signal to leaders in Beijing? What can be done in the interim?Read this article

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The race to have a platform through which many countries can use their central bank digital currencies (“CBDCs”) to safely, efficiently, and inexpensively settle cross-border deals has drawn even more attention after China and three other jurisdictions recently announced their success in testing their blockchain-powered platform, mBridge. What are China’s expectations for mBridge? Will the success of mBridge drive other countries, including the United States, to seriously consider their own CBDC plans?Read this article

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China’s draft rules on online small loan business drew worldwide attention in late 2020 when the regulatory requirements therein were believed to have caused Ant Group’s IPO setback. Will China’s prioritized development of rural areas speed up the adoption of the draft rules, the explicit function of which is to serve, inter alia, “farmers”? Will current restrictions on foreign investment in this area be lifted?Read this article

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China has set a goal to construct “digital China” by, inter alia, “accelerating the construction of a digital economy, a digital society, and a digital government”. The role of China’s “digital government” in these digital initiatives was not clear until a significant document on the topic was issued in June 2022. The document further provides a glimpse of the direction that the new Chinese leadership will likely continue when they are at the helm after the conclusion of the forthcoming Chinese Communist Party’s 20th National Congress.Read this article

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Following the release of an ambitious Metaverse action plan, Shanghai took the lead to pass a regulation on the promotion of the city’s artificial intelligence industries. Will the regulation, together with China’s foreign investment catalogue, drive more capital and talent to this prominent Chinese city?Read this article

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Since late 2021, China has been pushing the development of the Metaverse and expressing its keen interest in joining the Digital Economy Partnership Agreement, which was signed by Chile, New Zealand, and Singapore in June 2020. These efforts and their latest developments, together with President XI Jinping’s current visit to Central Asia, help show China’s strategic preparations for the future.Read this article

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The coming into effect of the Measures for the Security Assessment of Outbound Data Transfers (the “Measures”) on September 1 is expected to trigger a series of security assessments conducted by the Cyberspace Administration of China (the “CAC”). Any “data processor” planning to transfer to another country “important data” collected and generated inside China is required to pass the CAC’s security assessment. If the CAC decides against the data processor, can the CAC’s decision be challenged in court? Read this article

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Despite various economic challenges facing China, the country’s cross-border e-commerce stands out to show rapid growth. The seeds of this growth were, however, not planted erratically as a response to economic woes associated with the COVID-19 pandemic. Understanding how this type of commerce has gained governmental support and what latest measures have been taken to resolve related disputes helps businesses seeking to sell globally seize potentially lucrative opportunities.Read this article

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Understanding China’s preparation for the future helps us see more clearly where China stands today. One such preparation is the country’s quest for homegrown disruptive technologies. What disruptive technologies does China want to develop domestically? How has China conducted this quest? What are the results so far and related implications? Read this article

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Recent rulings of the U.S. Supreme Court on issues concerning abortion and firearm regulation have drawn worldwide attention. Interestingly, on the other side of the globe, a decision by China’s national legislature that a local regulation was inconsistent with the country’s constitution (thereby triggering an amendment to the local regulation) has gone almost unnoticed. What was the decision about? How was it made? How can such an exemplary instance illustrating the constitutional review of Chinese legislation be better known and used to produce more positive impact? Read this article

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China’s release of a Typical Case showcasing how courts in Shanghai recognized and enforced a foreign arbitral award by a special reading of the factual situation involved may help instill more confidence in foreign parties amid China’s efforts to revive its economy. How was this breakthrough ruling made? What are the implications of the ruling?Read this article

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In his recent speech, U.S. Secretary of State Antony Blinken clearly stated that China is “integral” to the United States’s ability to solve the climate crisis. He urged China to join the United States in “accelerating the pace” of their shared efforts. Ecosystems with healthy populations of native plants and animals help address climate challenges. Yet many ecosystems have been adversely affected by the loss of biodiversity. How does China tackle this loss?Read this article

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(Publicdomainpictures.net)

Three decades ago, China’s decision to develop a “socialist market economy” helped bolster foreign investors’ confidence. Today, if China shows similar determination to bring about positive changes in crucial areas, foreign investors will have strong reasons for feeling optimistic about the Chinese market. One crucial area is the regulation of China’s stock market. China does have regulatory tools to combat irregularities in the stock market. Have these tools been used well? Read this article

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Amid foreign businesses’ growing concerns about COVID restrictions, China’s five-year intellectual property plan may help instill confidence. If implemented well, the plan will help China establish a strong intellectual property protection mechanism that will facilitate the country’s post-COVID economic recovery. How can the plan be implemented well?Read this article

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Justice delayed is justice denied. The prompt delivery of judgments is particularly important in cases involving infringement of intellectual property rights, where holders of these rights need to minimize their losses by stopping the infringement swiftly. China does offer a solution. How does it work? Read this article

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The highest court in a province in China recently ordered a retrial of a dispute because lower-level courts handling the dispute failed to discuss in their reasoning a relevant Guiding Case cited by a party as similar to the dispute. This ruling is expected to bring about positive changes to the judicial practice of using Guiding Cases in that province. Why? Will this ruling be a game changer for the rest of the country?Read this article

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Africa Studio;
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In early 2022 (a special year that marks the 30th anniversary of the establishment of China–South Korea diplomatic relations), China released a Typical Case to highlight the country’s recognition and enforcement of a South Korean judgment. Why now? What messages does this send to courts inside and outside China?Read this article

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The worsening food crisis around the world has made the China–Laos Railway, which opened in December 2021, even more important to China. Has China taken steps to help Laos so that the latter can manage related legal risks better? From China’s perspective, helping Laos maximize its benefits from this USD 6 billion railway project while minimizing the risks involved will strengthen the two countries’ relations and bode well for China’s presence in that region.Read this article

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The Ukraine crisis is a major blow to a world that has already been hit hard by the pandemic and economic setbacks. Businesses struggling to stay afloat should ask: where are the much-needed opportunities amid the current global crises?Read this article

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Sazhnieva Oksana;
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What should celebrities do to protect their names in China? Why does Alibaba need to take some remedial measures to avoid further scrutiny from authorities?Read this article

This piece describes how the release of Typical Cases related to China’s Belt and Road Initiative in 2015 ultimately led Dr. Mei Gechlik to make a suggestion at a 2018 international forum organized by the Chinese government […].Read this article

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Apart from China’s Guiding Cases, legal practitioners, business executives, and other stakeholders must not forget about Typical Cases, another category of representative cases that the Supreme People’s Court of China can release to guide Chinese courts’ adjudication. What are Typical Cases? Why are they significant?Read this article