 |
| Pix credit here (celebrate the 4th NPC, 1970) |
The National People's Congress has posted to its website in a report distributed by Xinha News Agency on 22 June 2026, 十四届全国人大常委会第二十三次会议有关法律案前瞻 [Preview of Legislative Bills for the 23rd Session of the 14th NPC Standing Committee]. It is the textual summary of the June 22 NPC media briefing on the legislative bills scheduled for deliberation at this session delivered by Huang Haihua, spokesperson for the Legislative Affairs Commission of the NPC Standing Committee ["6月22日，全国人大常委会法制工作委员会发言人黄海华就本次常委会会议拟审议的法律案有关情况进行介绍"]. It appears below in the original Chinese and in a crude English translation.
It is short but worth a read. It includes summaries of the following measures
1. 商标法修订草案二审 [Second Review of the Draft Amendment to the Trademark Law]. It is aimed at tightening regulation of a category of trademark which will be included in the category “心机商标” [deceptive trademark, sometimes translated as "scheming" trademarks].
黄海华介绍，为加大对“心机商标”的打击力度，这次商标法修改拟规定，商标注册申请人明知标志带有欺骗性，容易使公众对商品的质量等特点或者产地产生误认的，仍作为商标申请注册，造成不良影响的，由负责商标执法的部门给予警告，可以并处十万元以下的罚款。[Huang Haihua explained that, to intensify the crackdown on "deceptive trademarks," the proposed amendment stipulates the following: if a trademark applicant knowingly applies to register a mark that is deceptive—likely causing the public to be misled regarding characteristics such as product quality or place of origin—and this results in adverse effects, the department responsible for trademark enforcement shall issue a warning and may impose a fine of up to 100,000 yuan.]
It also tightens rules on trademark use and trademark hoarding.
且明显超出正常生产经营需要申请商标注册的，不予注册；完善对商标使用的要求，规定注册商标没有正当理由连续三年不使用的，国务院商标管理部门可以撤销。[Furthermore, applications for trademark registration that clearly exceed the needs of normal production and business operations shall be rejected; requirements regarding trademark use shall be refined, stipulating that the trademark administration department under the State Council may revoke a registered trademark if it has not been used for three consecutive years without a legitimate reason.]
The former is a consumer protection measure, the second is meant to enhance innovative production by those who would otherwise be denied access to critical elements for engaging in economic activity of value to the state. As is the norm, the measures empower enforcement and supervision by administrative organs who may exercise a substantial discretion within the boundaries of the legislation and the relevant regulations, working rules, etc..
2. 注册会计师法修正草案二审 [Second Review of the Draft Amendment to the Law on Certified Public Accountants]. These amendments strengthen the integrity of the gatekeeping role of accountants within the Chinese economic system. "注册会计师对于维护市场经济秩序，保护社会公众合法权益具有独特的作用。" [Certified Public Accountants (CPAs) play a unique role in maintaining the order of the market economy and protecting the legitimate rights and interests of the public. ]. The revisions are meant to update a statutory scheme that has remained relatively untouched for several decades and around which there appears to be a general consensus of the need for updating. The first part is normative, and like their Western counterparts, focuses on guiding principles of professional conduct. “修正草案完善执业原则、强化诚信建设，增加规定会计师事务所、注册会计师坚持诚信、客观、独立、公正的原则。”黄海华说，国家支持注册会计师行业加强诚信建设，提高审计质量，拓展服务网络，提升职业活动规范化、专业化水平，促进行业健康发展。["The draft amendment refines professional practice principles and reinforces the cultivation of integrity, adding provisions that require accounting firms and CPAs to uphold the principles of integrity, objectivity, independence, and impartiality," said Huang Haihua. The state supports the CPA industry in strengthening integrity, improving audit quality, expanding service networks, enhancing the standardization and professionalization of practice activities, and fostering the industry's healthy development. ].
The second part focuses on specific proscribed conduct, based on profession expectations. “此外，修正草案二审稿进一步规范职业行为，增加执业禁止性规定，比如明确注册会计师不得出具虚假报告、不得冒用他人名义执业、不得采用不正当方式招揽业务等，并加大责任追究力度，提高违规出具报告的罚款数额，加大对串通、唆使出具虚假报告的处罚力度。[Furthermore, the draft amendment further regulates professional conduct by introducing prohibitions—such as explicitly forbidding CPAs from issuing false reports, practicing under another person's name, or soliciting business through improper means. It also intensifies accountability measures by raising fines for the issuance of non-compliant reports and increasing penalties for collusion or incitement regarding the issuance of false reports.]。
Again, the substance of the measures vests administrative organs with supervisory and enforcement roles grounded in their exercise of discretion within regulatory guardrails.
3. 检察公益诉讼法立法 [Legislation on Procuratorial Public Interest Litigation]. This may be of special interest to foreigners and international institutions including private international organizations as it may or may not align with their broad objectives and methods. It authorized public interest litigation for livelihood related cases of broad public concern [明确对社]. It seeks to ecpanfd and refine the role of the procuratorates in public interest litigation.
会普遍关注的民生案件可提起公益诉讼 近年来，人民检察院积极稳妥推进检察公益诉讼工作、拓展检察公益诉讼领域，在促进依法行政、守护民生福祉方面取得积极成效。[In recent years, people's procuratorates have actively and steadily advanced procuratorial public interest litigation and expanded its scope, achieving positive results in promoting law-based administration and safeguarding the well-being of the people.]
The provision and its amendments are driven under the guidance of the Constitution and Law Committee of the National People's Congress. It is guided by a principle of prudence as guided by decisions and arrangements of the CPC Central Committee. It balances "the constitutional positioning of procuratorial organs, while considering the practical needs of public interest protection and focusing on the public's expectations regarding livelihood issues" [依据宪法关于检察机关的性质定位，考虑公益保护的实践需要，聚焦民生所盼，审慎稳妥确定。] .
The second draft of the Law on Procuratorial Public Interest Litigation clarifies that people's procuratorates may initiate public interest litigation in accordance with the law regarding cases in areas of public concern related to people's livelihoods—such as the protection of the rights and interests of specific groups (including minors, women, the elderly, and persons with disabilities), the combating of telecom and online fraud, the infringement of the legitimate rights and interests of numerous workers, and the unlawful handling of personal information. [检察公益诉讼法草案二审稿明确，对社会普遍关注的民生领域案件，如未成年人、妇女、老年人和残疾人等法律规定的特定群体权益保障，反电信网络诈骗，侵害众多劳动者合法权益，违反法律规定处理个人信息等相关案件，人民检察院可以依法提起公益诉讼。].
The draft also includes a variety of procedural rules and expectations.
4. 立法加强国家消防救援人员职业保障 [Legislation to Strengthen Occupational Protections for State Fire and Rescue Personnel]. The draft focuses on work conditions revisions, including the establishment of a system of rest and leave, annual leave and family visitation leave rules. It also enhances enhanced occupational health protections, with a focus on regular health check-ups and the provision of psychological counseling and support. Of greater interest to foreigners might be the provisions 为各地制定管理办法提供上位法依据 [serves to provide a legal basis for local authorities to establish their own management measures]. The revisions include a new provision allowing provinces, autonomous regions, and municipalities directly under the Central Government to formulate management regulations for such personnel by referencing the relevant provisions of national law, which in this sense serves as a framework for delegated law making and systems of administrative discretion by officials in local organs.草案二审稿拟增加规定“省、自治区、直辖市可以参照本法有关规定，对地方政府专职消防员的管理作出规定”，为各地制定管理办法提供上位法依据。 [The second draft proposes adding a provision stating that "provinces, autonomous regions, and municipalities directly under the Central Government may, by reference to the relevant provisions of this Law, formulate regulations regarding the management of full-time firefighters employed by local governments," thereby providing a statutory basis for localities to draft their own management measures.]
Source: Xinhuanet | Font Size: Large, Medium, Small | June 23, 2026, 08:08
Xinhua News Agency, Beijing, June 22 — Feature: Preview of Legislative Bills for the 23rd Session of the 14th NPC Standing Committee
By Xinhua reporter Sun Pengcheng
The 23rd session of the Standing Committee of the 14th National People's Congress (NPC) will be held in Beijing from June 23 to 26.
Cracking down on "deceptive trademarks," promoting the healthy development of the certified public accountant industry, refining the scope of public interest litigation by procuratorates, and strengthening occupational safeguards for national fire and rescue personnel—on June 22, Huang Haihua, spokesperson for the Legislative Affairs Commission of the NPC Standing Committee, briefed the media on the legislative bills scheduled for deliberation at this session.
Second Draft of the Trademark Law Revision Steps Up Crackdown on "Deceptive Trademarks" and Trademark Hoarding
Currently, some enterprises go to great lengths regarding trademark registration and use, employing trademarks as "schemes" to mislead consumers; this seriously disrupts the order of trademark administration and infringes upon the legitimate rights and interests of consumers.
Huang Haihua explained that to intensify the crackdown on "deceptive trademarks," the proposed revision to the Trademark Law stipulates that if a trademark applicant knowingly applies to register a mark that is deceptive—likely causing the public to misunderstand characteristics such as product quality or place of origin—and this causes adverse effects, the department responsible for trademark law enforcement shall issue a warning and may impose a fine of up to 100,000 yuan.
Meanwhile, to address issues such as prioritizing registration over actual use and trademark hoarding, the second draft of the revision tightens the conditions for trademark registration applications. It stipulates that applications not intended for actual use and clearly exceeding the needs of normal production and business operations will be rejected. It also refines requirements regarding trademark use, stipulating that if a registered trademark is not used for three consecutive years without a legitimate reason, the trademark administration department under the State Council may revoke the registration. Draft Amendment to the Certified Public Accountants Law (Second Review Draft) Further Regulates Professional Conduct and Strengthens Integrity
Certified public accountants play a unique role in maintaining the order of the market economy and protecting the legitimate rights and interests of the general public. The current Certified Public Accountants Law has been in effect for over two decades, and there is significant interest from all quarters regarding its amendment.
"The draft amendment refines professional practice principles, strengthens integrity building, and adds provisions requiring accounting firms and certified public accountants to adhere to the principles of integrity, objectivity, independence, and impartiality," said Huang Haihua. The state supports the certified public accounting industry in strengthening integrity, improving audit quality, expanding service networks, enhancing the standardization and professionalization of practice, and promoting the industry's healthy development.
Furthermore, the second review draft of the amendment further regulates professional conduct by introducing prohibitions—such as explicitly forbidding certified public accountants from issuing false reports, practicing under another person's name, or soliciting business through improper means. It also intensifies accountability measures by increasing fines for the issuance of non-compliant reports and imposing harsher penalties for collusion or incitement regarding the issuance of false reports.
Legislation on Procuratorial Public Interest Litigation Explicitly Authorizes Lawsuits for Public Interest Cases Concerning Livelihood Issues of Broad Public Concern
In recent years, people's procuratorates have actively and prudently advanced procuratorial public interest litigation and expanded its scope, achieving positive results in promoting law-based administration and safeguarding public well-being.
"The Constitution and Law Committee of the National People's Congress concluded after study that the scope of procuratorial public interest litigation cases should be determined prudently and steadily, in accordance with the decisions and arrangements of the CPC Central Committee and the constitutional positioning of procuratorial organs, while considering the practical needs of public interest protection and focusing on public expectations regarding livelihood issues," the spokesperson said.
The second review draft of the Law on Procuratorial Public Interest Litigation clarifies that people's procuratorates may initiate public interest litigation in accordance with the law regarding cases in livelihood areas of broad public concern. These include cases involving the protection of rights and interests of specific groups defined by law—such as minors, women, the elderly, and persons with disabilities—as well as cases concerning combating telecom and online fraud, infringing upon the legitimate rights and interests of numerous workers, or handling personal information in violation of the law. The second draft of the bill also refines jurisdiction and trial procedures to ensure alignment with existing procedural laws, optimizes pre-litigation procedures for administrative public interest litigation, and strengthens provisions regarding the oversight of prosecutorial public interest litigation.
Legislation to Strengthen Occupational Protections for State Fire and Rescue Personnel
Fire and rescue personnel are the "heroes who rush toward danger" when crises strike and the "guardians" who ensure our peaceful lives. The second draft of the Law on State Fire and Rescue Personnel will be submitted to the current session of the Standing Committee for deliberation.
"The state's comprehensive fire and rescue force involves unique job requirements and high occupational risks; the second draft aims to further strengthen occupational protections for state fire and rescue personnel," said Huang Haihua. The draft stipulates that the state shall establish a system of rest and leave tailored to the professional characteristics of these personnel, ensuring their rights to annual leave and home-visit leave in accordance with the law. It also mandates that the state enhance occupational health protections by conducting regular health check-ups and providing psychological counseling and support as needed.
In addition, as government-employed full-time firefighters constitute a vital part of the fire and rescue force, the second draft proposes a new provision allowing provinces, autonomous regions, and municipalities to formulate management regulations for such personnel by referencing the relevant provisions of this law, thereby providing a legal basis for local authorities to establish their own management measures.
No comments:
Post a Comment