This mechanism for corporate compliance non-prosecution, established under the promotion of China’s Supreme People's Procuratorate, has gradually been recognized by the judiciary and legal practitioners.
In 2020, a local court in Beijing ruled to recognize and enforce a trademark judgment of the Korean Supreme Court, marking the first time that Chinese courts have recognized and enforced an intellectual property judgment, and the third time that South Korean judgments have been enforced in China (SD Biotechnologies Co. Ltd v. 99 Trade Co. Ltd (2019) Jing 04 Xie Wai Ren No.3).
Under Chinese criminal laws, where a juvenile has reached 18 when committing a crime and is sentenced to fixed-term imprisonment of five years or a lighter punishment, the criminal records concerned shall be sealed for preservation.
In 2022, the New South Wales Supreme Court of Australia ruled to enforce a judgment of a Shanghai local court, just before the 12-year limitation period expires. It marks the fifth time that an Australian court has recognized and enforced Chinese monetary judgments (Tianjin Yingtong Materials Co. Ltd. v Young [2022] NSWSC 943).
Very unlikely. This is because the new policy on recognition and enforcement of foreign judgments issued by China’s Supreme People’s Court (SPC), which has been implemented since 2022, will discourage local courts from doing so.
China's Export Control Law (ECL) came into effect on 1 Dec. 2020. As it has been almost two years since its implementation, it’s time for us to glimpse how China enforces the ECL.
Foreign law firms started to explore China’s legal market in 1992. After a 12-year rapid growth period started in 2002, they gradually declined from their peak in 2014.
China’s Supreme People's Procuratorate shows, in its published guiding case, Jian Li No.67, shows how Chinese procuratorates review electronic data obtained from overseas.