NQ Mobile reportedly has brought a civil lawsuit against Muddy Waters in China. Can it also ask China prosecutors to file a criminal case under the “crime of damaging another person’s business credit or commodity reputation” (the “Crime of Damaging Business Credit”) against Muddy Waters, its reporter behind the short-selling report, or the executives of the U.S.-based publication?
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Regarding tax inspection campaigns, hereinafter are some key take-aways:
-The industries that are closely watched include real estate, construction and installation, drugs and medical devices, catering and entertainment and for-profit education and training.
-Tax inspection is always related with the inspection on invoices and accounting books.
-Tax bureaus spend great efforts in inspecting the authenticity of invoices (e.g., whether or not there is any business related with invoice) with big face value.
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On November 13, 2013, in answering the inquiry of a journalist upon the purpose of China to set up the State Security Committee, the spokeman of the Ministry of Foreign Affairs of China, Mr. Qin, said the purpose is to improve the national security system and the country's security strategy. In furtherance, Mr. Qin said the State Security Committee would make three kinds of people nervous, which are terrorists, separators, and extremists. In short, all of the forces trying to threaten and sabotage the State security of China are sure to get nervous.
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In early 2010, the AIC of Qingyang County, Anhui Province, investigated 11 stall keepers at the Qingyang railway station. Among these stall keepers, a private business owner named Chen Zhigang was punished for committing bribery by paying a rebate in kind at a total of $.63 -- this may be the smallest amount of money at issue in any commercial bribery enforcement action in history.
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In the past five years, MOFCOM handled more than 700 cases. Recently, the cases that MOFCOM handles are exploding. On average, MOFCOM has to close a case within four days, which becomes a mission impossible without reforming MOFCOM’s case-reviewing system. One of the reforms to adopt is a simplistic mechanism to expedite the examinations of simple cases, which then results in another issue: what is a simple case?
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Compliance auditing is one of the most important means for companies to preemptively identify compliance risks, issue early warnings, and adopt remedial actions. Therefore, compliance audit becomes an indispensable skill for compliance professionals. With the systematic learning of compliance management knowledge, the program will provide certificate trainings on compliance auditing (and compliance management system) so that the concerned companies will have well-trained compliance auditors to perform compliance auditing as part of the functions of a robust compliance management system.
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In China criminal legal system, there is the exclusion rule of illegally obtained evidence. However, there is great room for improvement to enforce the Exclusionary Rule in China as evidenced in the case against Xie Yalong, former vice-chairman of the Chinese Football Association, and the director of the Chinese Football Management Centre.
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The Data and Operation Director of the Greater China of D&B (Hong Kong) – Mr. Yuan who is a Hong Kong citizen was arrested as well for the crime of “illegally obtaining private information from Chinese citizens.” Although an integral part of China politically and from the perspective of territory, Hong Kong is a non-Chinese jurisdiction in legal system. Therefore, Mr. Yuan is an “emperor” not less foreign than from the U.S. or Europe.
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