SPC

Supreme People’s Court Regulations concerning Some Questions of Applicable Law in Handing Civil Dispute Cases involving the Use of Information Networks to Harm Personal Rights and Interests

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In order to correctly hear civil dispute cases involving the use of information networks to harm personal rights and interests, on the basis of the provisions of the “General Principles of the Civil Code of the People’s Republic of China”, the “Tort Liability Law of the People’s Republic of China”, the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection”, the “Civil Procedure Law of the People’s Republic of China”, and by integration with judicial practice, these Regulations are formulated.

Article 1: Civil dispute cases involving the use of information networks to harm personal rights and interests as mentioned in these Regulations, refers to dispute cases triggered by harm to another persons’ right to a name, right to reputation, portrait right, right to privacy and other such personal rights and interests through the use of information networks. Read the rest of this entry »

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Model Cases

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Case 1:

The case of Zhang Wanqi who fabricated false or terrorizing information

(1) Brief case details

Around 19:00 on 23 March 2007, because of an economic dispute between her and her ex-boyfriend Gong so-and-so, the defendant Zhang Wanqi went to the Peking University 2nd Gymnasium’s dance hall, run by Guo so-and-so, to collect that day’s business income. After this was refused, Zhang Wanqi used her mobile phone to make a “110” report, falsely alleging that there was a bomb in the Peking University 2nd Gymnasium, resulting in public opinion organs dispatching numerous police forces to rush to the scene and conduct inspections, and the evacuation of more than 200 persons from inside the Peking University 2nd Gymnasium.

(2) Judgment result

The Beijing Municipality Haidian District People’s Court decided in the first instance, and the Beijing Municipal First Intermediate People’s Court ruled in appeal that: the defendant Zhang Wanqi disregarded the law of the land, fabricated the bomb threat and other such terrorizing information, which gravely upset social order, and her acts constituted the crime of fabricating false and terrorizing information. In view of the fact that Zhang Wanqi was a person of limited capacity, and her attitude in admitting guilt was relatively good, she could be punished relatively lightly according to the law, and defendant Zhang Wanqi was convicted to a fixed-term prison sentence of two years.

Case 2:

The case of Pan Jun who fabricated false or terrorizing information

(1) Brief case details

Around 13:30 on 30 November 2010, the defendant Pan Jun called the “110” reporting line in Chisha Nanyue Street in Haizhu District, Guangzhou Municipality, Guangdong Province, fabricating the false and terrorizing information that a bomb had been placed inside the Guangzhou police station of the Haizhu District sub-bureau of the Guangzhou Public Security Bureau, and that it would explode within fifteen minutes, resulting in public security organs dispatching numerous police forces to conduct investigations in the Guangzhou police station and its surroundings.

(2) Judgment result

The Guangdong Province Guangzhou Municipality Haizhu District People’s Court decided in the first instance, and the Guangzhou Municipal Intermediary People’s Court ruled in appeal that: the defendant Pan Jun fabricated false and terrorizing information about a bomb threat, gravely upsetting social order, and his acts constitute the crime of fabricating false or terrorizing information, the defendant Pan Jun was convicted to a fixed-term prison sentence of one year and three months.

Case 3:

The case of Xiong Yi fabricating false and terrorizing information

(1) Brief case details

Around 22:00 on 30 August 2012, the defendant Xiong Yi learnt that his creditor would travel by air to him to demand payment, in order to prevent or delay the creditor’s arrival, Yi called the customer service and complaints telephone of Shenzhen airport, falsely alleging that there is a bomb on that day’s Shenzhen Airlines flight ZH9706 from Xiangyang to Shenzhen, and that it would explode 45 minutes after the aircraft’s take off. After Shenzhen Airlines received notification, it immediately started first-level response procedures, and coordinated with air traffic control departments to direct flight ZH970s to make an emergency diversion to Wuhan Tianhe airport. The emergency diversion resulted in nine underway flights making emergency evasive manoeuvres, take-offs of flights at Wuhan Tianhe Airport who were awaiting orders were suspended and the second-level emergency response procedure was initiated, fire-fighters, military police and other departments mobilized more than 200 people to the scene to handle the emergency, Shenzhen Airlines provisionally added two flights to transport the passengers stranded at the airport, causing direct economic damage to Shenzhen airlines of more than 170.000 Yuan.

(2) Judgment result

The Hubei Province Xiangyang High and New Technology Industry Development Park People’s Court found that the defendant Xiong Yi wilfully fabricated false and terrorizing information, gravely upset social order, and that his acts constituted the crime of fabricating false or terrorizing information, the defendant Xiong Yi was sentenced to a fixed-term prison sentence of four years. After the judgment was announced, the defendant Xiong Yi did not appeal, the judgement has taken legal effect.

 

Interpretation concerning Some Questions of Applicable Law in Hearing Criminal Cases of Fabrication and Wilful Dissemination of False and Terrorizing Information

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Supreme People’s Court

The “Supreme People’s Court Interpretation concerning Some Questions of Applicable Law in Hearing Criminal Cases of Fabrication and Wilful Dissemination of False and Terrorizing Information” was passed on 16 September 2013 at the 1591st meeting of the Supreme People’s Court Trial Committee, is hereby promulgated and takes effect on 30 September 2013.

18 September 2013

Supreme People’s Court Interpretation concerning Some Questions of Applicable Law in Hearing Criminal Cases of Fabrication and Wilful Dissemination of False and Terrorizing Information

In order to punish criminal activities of fabrication and wilful dissemination of false and terrorizing information according to the law, safeguard social order, safeguard the security of the popular masses’ lives and property, on the basis of the relevant provisions of criminal law, hereby, some questions concerning concretely applicable law in hearing this sort of cases are interpreted as follows:

Read the rest of this entry »

Interpretation concerning Some Questions of Applicable Law When Handling Uses of Information Networks to Commit Defamation and Other Such Criminal Cases

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The “Interpretation concerning Some Questions of Applicable Law When Handling Uses of Information Networks to Commit Defamation and Other Such Criminal Cases” was passed at the 1589th Supreme People’s Court Adjudication Committee meeting on 5 September, and was passed at the 9th meeting of the 12th Procuratorial Committee of the Supreme People’s Procuratorate on 2 September, it is hereby promulgated, and takes effect on 10 September 2013.

Supreme People’s Court, Supreme People’s Procuratorate

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Some Regulations concerning Publishing Name List Information of Persons Subject to Enforcement for Trust-Breaking

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Supreme People’s Court

FS No. (2013)17

The “Supreme People’s Court Some Regulations concerning Publishing Name List Information of Persons Subject to Enforcement for Trust-Breaking” was passed on 1 July 2013 at the 1582nd meeting of the Supreme People’s Court Adjudication Committee, it is hereby published and takes effect on 1 July 2013.

Supreme People’s Court

16 July 2013

In order to compel persons subject to enforcement for trust-breaking to consciously carry out their duties determined in valid legal documents and promote the construction of a social credit system, according to the provisions of the “Civil Procedure Law of the People’s Republic of China”, and in integration with the work reality of People’s Courts, these Regulations are formulated. Read the rest of this entry »

Notice concerning Punishing Criminal Activities Infringing Citizens’ Personal Data

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GTZ No. [2013]12

All provincial, autonomous region and municipal People’s Courts, People’s Procuratorate, public security offices and bureaus, the Xinjiang Uyghur Autonomous Region Higher People’s Court Production-Construction Corps Branch Court, the Xinjiang Production-Construction Corps People’s Procuratorate and Public Security Bureau:

In recent years, following the rapid development of our country’s economy and the broad spread of information networks, unlawful and criminal infringement of citizens’ personal data has become more prominent every day, there is a flood of illegal trading of citizens’ personal data on the Internet, and as a result, the spread of telecommunications swindles, network swindles, extortion and blackmail, kidnapping and illegal loan repayment demands and other such crimes had become ceaseless despite repeated attacks, social harm is great, and the masses react strongly. In order to effectively restrain and punish criminal infringement of citizens’ personal data, realistically guarantee the security of the broad popular masses’ personal data and their lawful rights and interests, stimulate coordinated social development, and safeguard social harmony and stability, the relevant matters are hereby notified as follows: Read the rest of this entry »

Notice concerning Punishing Criminal Activities of Infringement of Citizens’ Personal Information According to the Law.

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GTZ No. [2013]12

All provincial, autonomous region and municipal higher people’s courts and people’s procuratorates, public security offices and bureaus, the Xinjiang Uyghur Autonomous Region Higher People’s Court Production-Construction Corps Branch Court, the Xinjiang Production-Construction Corps people’s procuratorate, public security bureau:

In recent years, following the rapid development of our country’s economy and the broad popularization of information networks, unlawful and criminal infringement of citizens’ personal information has become more prominent every day, there is a flood of illegal sales of citizens’ personal information on the Internet, and the telecommunications fraud, online fraud, extortion and blackmail, kidnapping, illegal demand of loan repayment and other such crimes resulting from this cannot be stopped despite repeated attacks, the social harm is grave, and the masses react strongly against this. In order to effectively curb and punish criminal infringement of citizens’ personal information, realistically guarantee the security of the broad popular masses’ personal information and their lawful rights and interests, stimulate coordinated social development, and safeguard social harmony and stability, hereby, the relevant matters are notified as follows: Read the rest of this entry »

Report concerning the Situation of Intellectual Property Rights Adjudication Work

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Committee Head, all Vice Committee Heads, Secretary General, all Committee Members:

On the basis of the arrangement of this Standing Committee, I represent the Supreme People’s Court in reporting the situation of intellectual property rights adjudication in People’s Courts since 2008, for your deliberation.

I, Progress and achievements in intellectual property rights adjudication work in recent years. Read the rest of this entry »

Regulations concerning Some Issues of Applicable Law in Hearing Civil Dispute Cases on Infringement of the Right to Dissemination through Information Networks

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(FS (2012)20, passed at the 1561st meeting of the Supreme People’s Court Trial Committee on 26 November 2012

Supreme People’s Court of the People’s Republic of China Announcement

The “Supreme People’s Court Regulations concerning Some Issues of Applicable Law in Hearing Civil Dispute Cases on Infringement of the Right to Dissemination through Information Networks” have been passed at the 1561st of the Supreme People’s Court Trial Committee on 26 November 2011, are hereby promulgated and take effect on 1 January 2013.

Supreme People’s Court

17 December 2012. Read the rest of this entry »

Interpretation concerning Some Questions on Concretely Applicable Law in Hearing Civil Dispute Cases of Infringement of the Right to Dissemination Through Information Networks

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The “Supreme People’s Court Interpretation concerning Some Questions on Concretely Applicable Law in Hearing Civil Dispute Cases of Infringement of the Right of Dissemination Through Information Networks” has been passed on 26 January 2012 by the 1561st meeting of the Supreme People’s Court Trial Committee, is hereby promulgated, and will take effect on 1 January 2013.

Supreme People’s Court

17 December 2012 Read the rest of this entry »

Supreme People’s Court Opinions Concerning Some Issues in Fully Giving Rein to the Function of Intellectual Property Rights Adjudication in Promoting the Grand Development and Grand Flourishing of Socialist Culture and Stimulating the Indigenous Economy and Coordinated Development

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FF No. (2011)18

 

16 December 2011

 

In order to deeply implement the spirit of the 6th Plenum of the 17th Party Congress and the Central Economic Work Meeting, and the requirements of the “12th Five-Year Plan” outline, fully give rein to the function of intellectual property rights adjudication in promoting the grand flourishing and grand development of Socialist culture and stimulate the accelerated transformation of economic development methods and the economy’s indigenous and coordinated development, the following opinions are put forward concerning related issues:

Read the rest of this entry »

Interpretation concerning Applicable Law in handling Criminal Cases of Endangering Computer Information System Security

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(FS No. (2011)19)

Supreme People’s Court of the People’s Republic of China

Supreme People’s Procuratorate of the People’s Republic of China

Proclamation

The “Supreme People’s Court and Supreme People’s Procuratorate Interpretation concerning Applicable Law in handling Criminal Cases of Endangering Computer Information System Security” was passed at the 1524th Meeting of the Supreme People’s Court Judicial Committee on 20 June 2011, and at the 63rd meeting of the 11th Procuratorial Committee of the Supreme People’s Procuratorate, is hereby promulgated, and takes effect on 1 September 2011 Read the rest of this entry »

Opinions Concerning Some Questions of Applicable Law in Criminal Intellectual Property Law Infringement Cases

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In order to resolve new circumstances and new problems that have been met by public security organs, people’s procuratorates and people’s courts in handling criminal intellectual property rights infringement cases in recent years, punish criminal intellectual property rights infringement activities according to the law, protect socialist market economy order, according to the provisions of the Criminal Law, Criminal Procedure Law and relevant judicial interpretations, integrating investigation, litigation and trial practice, these Opinions are formulated. Read the rest of this entry »

Notice concerning Doing Work Involving Internet Café Copyright Dispute Cases Well

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(FF No. [2010]50)

All provincial, autonomous region and municipal Higher People’s Courts, the Xinjiang Uyghur Autonomous Region Higher People’s Court Production-Construction Corps Branch Court

In recent years, the number of cases where Internet cafés have been sued for infringement due to providing film and television works heard by People’s Courts at all levels has increased substantially, a number of new situations and new issues emerged that attracted great attention from relevant sides. In order to resolve present prominent problems existing in hearing copyright infringement cases involving Internet cafés, and appropriately hear this sort of cases well and according to the law, the following relevant matters are hereby notified as follows: Read the rest of this entry »

Interpretation of Some Questions on Concretely Applicable Law in Handling Criminal Cases of Using the Internet or Mobile Communication Terminals and Voicemail Platforms to Produce, Reproduce, Publish, Peddle or Disseminate Obscene Electronic Information (II)

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Supreme People’s Court, Supreme People’s Procuratorate

FS No. [2010]3

Passed on 18 January 2010 at the 1483rd Meeting of the Supreme People’s Court Trial Committee and on 14 January 2010 by the 28th Meeting of the 11th Procuratorate Committee of the Supreme People’s Procuratorate.

Announcement

The “Interpretation of Some Questions on Concretely Applicable Law in Handling Criminal Cases of Using the Internet or Mobile Communication Terminals and Voicemail Platforms to Produce, Reproduce, Publish, Peddle or Disseminate Obscene Electronic Information (II)” was passed on 18 January 2010 at the 1483rd Meeting of the Supreme People’s Court Trial Committee and on 14 January 2010 by the 28th Meeting of the 11th Procuratorate Committee of the Supreme People’s Procuratorate, is hereby promulgated, and takes effect on 4 February 2010

Supreme People’s Court, Supreme People’s Procuratorate Read the rest of this entry »

Notice concerning Filing Inspection Work for Cases Involving Internet Management

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In order to do filing inspection work for cases involving Internet management well in the future, hereby, the relevant issues are notified as follow:

I, The scope of cases involving Internet management

Cases involving Internet management include civil disputes and administrative disputes triggered because of network management. Civil disputes mainly are manifested as disputes triggered by the deletion of articles, speech as well as websites, etc., that the plaintiff published on the network by websites on the basis of requirements of relevant departments, or closure of plaintiffs’ blogs, forums, post bars, websites, etc. The majority of plaintiffs file a lawsuit on the basis of the network service contract they concluded with websites, and the fact that that the website deleted these persons’ articles or closed websites unilaterally, without their agreement or without notifying them. Administrative disputes mainly are manifested as lawsuits raised because plaintiffs do not agree with administrative punishment decisions or punishment acts by corresponding management departments to delete the articles or speech the plaintiff publishes online or close the plaintiff’s blog, websites, etc. Read the rest of this entry »

Supreme People’s Court and Supreme People’s Procuratorate Interpretation Concerning Some Issues on the Concretely Applicable Law in Handling Criminal Intellectual Property Rights Infringement Cases (II)

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JI No. (2007)6

The Supreme People’s Court announces: the “Supreme People’s Court and Supreme People’s Procuratorate Interpretation Concerning Some Issues on the Concretely Applicable Law in Handling Criminal Intellectual Property Rights Infringement Cases (II)” was passed on 4 April 2007 at the 1422nd meeting of the Supreme People’s Court Legal Committee, and the 75th meeting of the 10th prosecution committee of the Supreme Peoples Procuratorate, is hereby promulgated, and takes effect on 5 April 2007.

Read the rest of this entry »

Supreme People’s Court Interpretation Concerning Some Issues Concerning Applicable Law in Cases Involving Computer Network Copyright Disputes (Second Revision)

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(Passed at the 1144th conference of the Judicial Committee of the Supreme People’s Court on November 22, 2000, and modified first in accordance with the “Decision to Modify the “Judicial Interpretation of the Supreme People’s Court Concerning Some Issues Concerning Applicable Law in Cases Involving Computer Network Copyright Disputes”, by the Judicial Committee of the Supreme People’s Court at the 1302nd Session on December 23, 2003 and second in accordance with the “Judicial Interpretation of the Supreme People’s Court Concerning Some Issues Concerning Applicable Law in Cases Involving Computer Network Copyright Disputes (2)” by the Judicial Committee of the Supreme People’s Court at the 1406th Session on 20 November 2003.) Read the rest of this entry »

Announcement concerning Launching the Anti-Piracy Hundred Days Campaign

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All provincial, autonomous region and municipal “Sweeping Pornography and Striking Illegality” work leading small groups, culture offices (bureaus), press and publications bureaus, copyright bureaus, industry and commerce bureaus, public security offices(bureaus), construction offices (committees), supervision offices (bureaus):

Read the rest of this entry »

Supreme People’s Court and Supreme People’s Procuratorate Reply Concerning Relevant Questions on Criminal Copyright Infringement Cases Involving Audio and Video Works

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(Passed at the 1365th meeting of the Trial Committee of the People’s Supreme Court on 26 September 2005, and the 9th meeting of the Tenth Prosecution Committee of the Supreme People’s Procuratorate)

JI[2005]12

The Supreme People’s Court and the Supreme People’s Procuratorate announce

The “Supreme People’s Court and the Supreme People’s Procuratorate Reply Concerning Relevant Questions on Criminal Cases of Copyright Infringement Involving Audio and Video Works” has been passed at the 1365th meeting of the Trial Committee of the People’s Supreme Court on 26 September 2005, and the 9th meeting of the Tenth Prosecution Committee of the Supreme People’s Procuratorate, is now promulgated, and will take effect on 18 October 2005 Read the rest of this entry »