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[High-level rule of law dynamics].
[The Ministry of Public Security announced the 10 typical cases of public security organs cracking down on economic crimes in 2023].
On the 29th, the Ministry of Public Security announced the top 10 typical cases of public security organs cracking down on economic crimes in 2023. In 2023, in accordance with the deployment requirements of the Party Committee of the Ministry of Public Security, the national public security economic investigation departments have always adhered to the principle of cracking down in accordance with the law, deployed and carried out special crackdowns and centralized rectification in response to prominent economic crime activities that occur frequently and have strong public reactions, and organized and cracked a number of key cases, including the case of counterfeiting currency by the public security organs of Henan and Shanghai, the illegal operation (underground bank) case of Lin Mouchao and others by the Guangdong public security organs, and the illegal business (cash-out) case of Li Mouping and others by the Shandong public security organs. (*China Police Network).[State Counsellor].
The cracking of these cases not only demonstrates the determination and intensity of the public security organs to resolutely crack down on economic crimes, but also exposes a series of economic crimes that involve a wide range of areas and have a bad impact for the public. Through these cases, it is not difficult to see the efforts and results achieved by the public security organs in cracking down on economic crimes. However, we must also be soberly aware that cracking down on economic crime is a long-term and arduous task. In the future, the public security organs will continue to intensify their crackdowns and make unremitting efforts to safeguard the fairness and justice of the market economy and the legitimate rights and interests of the people. At the same time, the broad masses of the people should heighten their vigilance, strengthen their awareness of self-prevention, and join hands with the police and the people to jointly create a safe, stable, and harmonious economic environment. [Supreme People's Procuratorate: In the first 11 months of last year, 258 cases involving organized crime and vice were supervised and filed by 440 people].
Miao Shengming, deputy ministerial-level full-time member of the Procuratorial Committee of the Supreme People's Procuratorate and director of the First Procuratorate Office, revealed at an online interview with the director of the Supreme People's Procuratorate on the 31st that from January to November 2023, procuratorial organs across the country supervised the public security organs to file 258 cases involving gangs and vices involving 440 people. For cases involving organized crime and major crimes transferred for review for prosecution, the provincial-level courts are to uniformly characterize and check them, and major and complex cases are to be reported to the Supreme People's Procuratorate for review and checking, changing the public security organs' characterization of 57 cases involving organized crime, and additionally designating 9 cases involving organized crime. （*[State Counsellor].
The system of procuratorial organs intervening in advance to guide the public security organs in investigating and collecting evidence and strictly controlling the gates ensures the fairness and accuracy of the handling of criminal cases, improves the quality and efficiency of case handling, and helps prevent the occurrence of unjust, false and wrongly decided cases. In the future, the procuratorial organs will continue to intensify supervision over cases involving organized crime and vice, and through close coordination with the public security organs, they will form a joint force to crack down on them and jointly maintain social order and stability. At the same time, the procuratorial organs will continue to improve their own working mechanisms, improve the level of case handling, and provide better judicial services for the people. In the context of advancing the rule of law in an all-round way, the efforts of procuratorial organs in cracking down on crimes committed by underworld forces are of great significance to maintaining social stability and protecting the people's rights and interests. [Domestic hot spots].
[The defendants Zhang Bo and Ye Chengchen in the "Chongqing Sister and Brother Falling Death Case" were executed].
On the morning of January 31, the Chongqing Municipal No. 5 Intermediate People's Court executed Zhang Bo and Ye Chengchen after the Supreme People's Court's death penalty review and ruling. The Supreme People's Court held that the defendants Zhang Bo and Ye Chengchen intentionally and unlawfully deprived others of their lives, and their actions constituted the crime of intentional homicide. Zhang Bo and Ye Chengchen regarded Zhang Bo's biological children as an obstacle to marriage, and jointly premeditated to kill two young children by creating an accidental high fall, causing the death of two young children, seriously challenging the bottom line of law and morality, the motive for the crime was extremely despicable, the circumstances were particularly heinous, the methods were particularly cruel, and the consequences and crimes were extremely serious, and should be punished in accordance with law. (*CCTV).[State Counsellor].
In this case, although Ye Chengchen did not personally commit the criminal act, he instigated Zhang Bo to have the intention to kill his own children by means of persuasion, instigation, coercion, and inducement, so that he carried out the criminal act according to the criminal intent of the instigator Ye Chengchen constituted the instigator, and the two constituted intentional homicide and committed a joint crime. The court found that the two "seriously challenged the bottom line of law and morality, the motive for the crime was extremely despicable, the circumstances were particularly heinous, the means were particularly cruel, and the consequences and crimes were extremely serious." However, the pain of losing a child will be with the mother of the child for a lifetime, and I hope that she will continue to live a strong life after that. [Wu Xie Yu was executed in the case of killing his mother].
Recently, the Supreme People's Court made a ruling in accordance with the law on the death penalty review case of the defendant Wu Xie Yu for intentional homicide, fraud, and buying and selling identity documents, and approved Wu Xie Yu's death sentence. On January 31, the Fuzhou Intermediate People's Court carried out Wu Xieyu's death sentence in accordance with the execution order issued by the Supreme People's Court. The Supreme People's Court held that the defendant Wu Xie Yu deliberately and unlawfully deprived others of their lives, and his conduct constituted the crime of intentional homicide; For the purpose of illegal possession, fabricating facts, concealing the truth, or defrauding others of property, the amount of which is particularly huge, and their conduct constitutes the crime of fraud; The purchase of multiple resident identity cards also constitutes the crime of buying and selling identity documents, and shall be punished concurrently in accordance with law. (*CCTV).[State Counsellor].
On this day, Wu Xieyu's case, Ye Chengchen, and Zhang Bo's cases were all executed, and netizens shouted in support, thinking that this kind of person would not be executed for the New Year. Since ancient times, China has been very protective and attached great importance to kinship, and the "* Regulations" said that "the first filial piety, the second sincere faith" filial piety and respect for parents and elders are the traditional virtues and excellent customs of the Chinese nation for thousands of years, and the act of killing parents in ancient China is equivalent to the crime of rebellion, and the most severe death penalty method needs to be adopted. Although it is now a society governed by law, the vile nature of its behavior has aroused public anger and is intolerable to the feelings of the people. [International Hot Spots].
[The U.S. Department of Commerce issued a proposal to take additional measures to respond to a national emergency caused by major malicious cyber activities].
On January 29, the U.S. Department of Commerce issued a Proposal Notice (NPRM) on Further Measures to Respond to a National Emergency Caused by Significant Malicious Cyber Activity for public comment. This follows an executive order from the Department of Commerce requiring legislation requiring providers of certain IaaS products to report to the Secretary of Commerce when they transact with foreign persons who may use the products to train AI models that could be used for malicious cyber activity. The Measures stipulate customer authentication procedures and exceptions, as well as special measures and an AI training reporting system. （*federal register）[State Counsellor].
IaaS is the infrastructure provided by the cloud service provider, the most basic server of all networks, and the common IaaS services include virtual machines, virtual networks, and storage, which are cloud storage services, such as Alibaba Cloud, Amazon Cloud, Huawei Cloud, Microsoft Cloud, etc. The proposal provides that the U.S. require U.S. IaaS providers of U.S. IaaS products to implement programs to maintain certain records related to IaaS accounts of interest to foreign nationals and verify the identities of U.S. Resellers in order to protect U.S. from using U.S. IaaS products for malicious cyber activity by foreign nationals, and to require their foreign distributors to do the same, in order to facilitate law enforcement requests for such records. [Scholar's view].
[Yang Fang (Lecturer, Hainan University Law School): The right of withdrawal does not apply to the license contract for the use of personality symbols].
Article 15 of the Personal Information Protection Act gives the data subject the right to withdraw consent to the processing of data at any time without any condition or burden. However, when consent to the processing of information is the contractual obligation of the information subject, the right of withdrawal has an impact on the binding force and performance of the contract, so the existing norms should be appropriately interpreted and adjusted to limit the impact of the right of withdrawal system on the contractual relationship. The commercial use of the Personality Mark is not a risk area that requires the intervention of the personal information protection and prevention mechanism, and the personality right holder in the Personality Mark License Contract is not in a vulnerable position, so the right of withdrawal does not apply to the Personality Mark License Contract. (*Law Science, Issue 12, 2023, "Limitation and Expansion of the Right to Withdraw Consent to the Processing of Personal Information in Contractual Relationships").[State Counsellor].
This provision provides an important safeguard for the rights of data subjects to ensure that their personal information is not misused without their consent. It is worth noting that the commercial use of personality symbols is not a risk area that requires the intervention of the prior prevention mechanism of the Personal Information Protection**. In a contract for the licensing of personality signs, the owner of the personality right is not in a disadvantaged position. Therefore, the right of withdrawal does not apply to such contracts. In future practice, we need to pay more attention to the relationship between personal information protection and contractual obligations, so as to seek a more appropriate legal application scheme. Through reasonable institutional arrangements and legal interpretations, we can better balance the rights and interests of all parties, ensure that personal information is fully protected, and maintain normal contractual relations and social order. [Information Team of this issue]:
Information editor: Zhang Yinuo Ren Pengge.
State Counsellor said: Lawyer Zhang Jin.
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This article is based on Cao Baoyin, chief counsel of Beijing Guozi Law Firm