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Related Transaction Supervision Office of China Insurance Regulatory Commission

1. National laws and regulations

New regulations on the use of drones will take effect on June 1st

Regarding unmanned aircraft engaging in commercial flight activities, Although there are currently no targeted provisions in the law, Paragraph 2 of Article 147 of the Civil Aviation Law can be applied, "Those engaged in commercial general aviation shall apply to the civil aviation authority of the State Council for a general aviation operating license." The currently implemented " Paragraph 3 of Article 45 of the Regulations on the Administration of General Aviation Business Licensing clearly states that “the management measures for the use of civil unmanned aircraft for commercial general aviation activities shall be separately prescribed by the Civil Aviation Administration.” However, the issue of operational supervision of unmanned aircraft is still unclear. Applicable standards.

In the "Measures for the Administration of Commercial Flight Activities of Civilian Unmanned Aircraft" (hereinafter referred to as the "Measures"), which will be implemented on June 1 this year, how unmanned aircraft operators obtain operating rights Many issues such as licenses have been clarified, and companies engaged in commercial flight activities will now be legal and compliant. The relevant person in charge of the Transportation Department of the Civil Aviation Administration of China said that the formulation and release of the "Measures" fill this gap, and the commercial flight activities of unmanned aircraft will be based on regulations and well-documented.

New regulations in June: Online car-hailing will be included in the taxi service assessment system

The Ministry of Transport recently announced the newly revised "Taxi Service Quality and Credibility Assessment Methods." Starting from June 1, online car-hailing will be included in the taxi service assessment system.

Among them, the "Measures for the Assessment of Taxi Service Quality and Credibility" will include the new online car-hailing business in the assessment, and at the same time make it clear that drivers will be assessed on compliance with laws and regulations, safety production, business behavior, operation services, etc. Car drivers who score less than 3 points during the assessment period will receive training as required. Taxi administrative departments and taxi companies must establish taxi driver service quality and reputation files respectively. Wang Xiuchun, deputy director of the Transportation Services Department of the Ministry of Transport, introduced that the newly revised "Assessment Methods" have further improved the current service quality and credibility assessment indicators for enterprises and drivers in the rental industry, especially online ride-hailing services that have not been specifically included in the assessment before. Platform companies and drivers are included in the assessment scope.

Measures for the Administration of Related Transactions of Insurance Companies" came into effect on June 1

On May 3, the China Banking and Insurance Regulatory Commission issued the "Measures for the Management of Related Transactions of Insurance Companies (Draft for Comment)" to The public solicitation of opinions aims to further strengthen the supervision of related-party transactions and prevent the risk of improper benefit transmission. After soliciting opinions, the "Measures for the Administration of Related Transactions of Insurance Companies" will come into effect on June 1.

The "Draft for Comments" requires that insurance companies should maintain the independence of company operations, reduce the number and scale of related transactions, and improve market competitiveness. Related party transactions should also have a clear structure and avoid complex arrangements such as multiple levels of nesting. Insurance companies shall not conceal related relationships or use other means to avoid regulatory review and reporting and disclosure obligations on related transactions.

For insurance companies that violate related party transactions, regulatory agencies will adopt regulatory measures such as issuing letters of inquiry, ordering modifications to transaction structures, ordering to stop or cancel related party transactions, and ordering prohibitions on transactions with specific related parties. For insurance company directors, supervisors, senior managers or other relevant employees who violate regulations, regulatory agencies may take regulatory measures such as ordering corrections; recording duty performance records and making industry notifications; ordering the removal of relevant responsible personnel; and identifying unsuitable candidates.

2. Local laws and regulations

Guangdong: New regulations on meteorological disaster prevention will come into effect in June

"Guangdong Province Meteorological Safety Management Measures for Key Meteorological Disaster Prevention Units" 》has been passed and will come into effect on June 1, 2018. The new regulations clarify which units belong to key units and improve the service and supervision work. For example, it stipulates that personalized meteorological services can be customized according to the needs of key units' operations and production activities. As far as Zhuhai is concerned, flammable, explosive and hazardous chemical enterprises and major and large enterprises have been designated as key units. The latest list will be published soon after verification.

The "Measures" stipulate that municipal, county, and district meteorological authorities shall, in conjunction with relevant departments of the people's government at the same level, draft a list of key units in accordance with the provisions of these Measures. The meteorological authority shall organize experts or entrust third-party professional institutions to review the proposed key units. The review results shall be reported to the people's government at the same level and announced to the public after confirmation. The list of key units should be updated every two years.

The "Measures" also clearly stipulate that eight types of units, such as child care institutions or schools, hazardous chemical warehouses, and public transportation projects, can be identified as key units for meteorological disaster prevention; when the above units have experienced injuries or deaths due to meteorological disasters, etc. In the third category, it must be determined as a key unit for meteorological disaster prevention.

Shandong: New cemetery management measures will come into effect on June 1

In order to strengthen cemetery management, promote funeral reform, and protect land resources and the ecological environment, Shandong recently issued new cemetery management measures. The commercial cemeteries mentioned in the Measures refer to cemeteries and ashes storage facilities that provide citizens with paid burial or placement of ashes. Public welfare cemeteries refer to non-profit cemeteries and ashes storage facilities established by county (city, district) people's governments, township people's governments (subdistrict offices), and village (residents) committees to provide citizens with ashes burial or placement. These measures will come into effect on June 1, 2018, and will be valid until May 31, 2023.

The measures stipulate areas where the construction of cemeteries is prohibited, namely cultivated land and forest land; nature reserves, forest parks, wetland parks, urban parks, scenic spots and cultural relics reserves and the outer edge of 2000 meters; reservoirs and rivers 2,000 meters from the outer edge of the dam and water source protection area; 500 meters from the outer edge of the main railway and highway lines, and other prohibited areas stipulated by laws and regulations.

According to the "Funeral Management Regulations", if the area of ??a tomb exceeds the standards of the "Shandong Provincial Funeral Management Regulations", penalties will be imposed according to the following standards: If the area of ??the tomb or the height of the tombstone exceeds the prescribed standard by less than 20%, a fine of less than 20% will be imposed. A fine of 1 times the illegal income; if the illegal income exceeds the prescribed standard by 20% to 50%, a fine of 2 times the illegal income shall be imposed; if the illegal income exceeds the prescribed standard by more than 50%, a fine of 3 times the illegal income shall be imposed. If the cemetery is a commercial cemetery, the civil affairs department of the people's government at or above the districted city shall order it to make corrections within a time limit. If there are illegal gains, the illegal gains will be confiscated and a fine will be imposed; if the cemetery is a public welfare cemetery, the civil affairs department of the county (city, district) people's government will order it to make corrections within a time limit. If there are any illegal gains, the illegal gains will be confiscated and fined.

Jiangsu: The Measures for the Registration and Management of Online Food Trading Entities will be implemented in June

The "Regulations for the Registration and Management of Online Food Trading Entities in Jiangsu Province" will be officially implemented on June 1, 2018. The Measures stipulate that in the future, online food trading entities will need to register and publish with the food and drug regulatory authorities.

The Jiangsu Provincial Food and Drug Administration promulgated the "Jiangsu Province Online Food Trading Entities Registration Management Measures" at a press conference held on May 9. The "Measures" stipulate that online food trading entities are subdivided into online food trading third-party platform providers, food producers and operators that conduct transactions through self-built websites, and online catering service branches established by third-party online catering service platform providers. The three major categories of institutions shall be filed with the food and drug regulatory authorities within thirty working days after approval and filing by the communications department or the establishment of a branch.

According to reports, through filing management, online websites and offline physical operators are linked to further consolidate the main responsibilities and lay the foundation for the comprehensive management of the online food market. The filing department will disclose relevant filing information to the public on the government affairs website of Jiangsu Food and Drug Administration within seven working days after completing the filing. If the registration content of an online food trading entity changes, a change explanation and relevant supporting documents shall be submitted to the original filing authority within thirty working days from the date of the change.

Hunan: Changsha promulgated the first catering industry regulations and will be implemented on June 1st

Starting from June 1, more than 50,000 restaurants in Changsha will implement the first catering industry regulations in Changsha. Under the guidance of industry regulations and conventions, catering operations will be standardized to provide citizens with higher-quality catering services. Changsha Food Safety Association will promote the implementation and implementation of industry rules and regulations and strengthen the self-discipline awareness of the catering industry by establishing a reward and punishment system. This "Rules and Regulations" is formulated by the Changsha Food Safety Association in accordance with the requirements of Changsha City to create a national food safety demonstration city and in accordance with relevant laws and regulations. It contains 36 articles, mainly from the two aspects of industry normative agreements and consumer dispute settlement. Develop self-discipline guidelines for the business operations of catering units.

Changsha City currently has more than 50,000 large and small catering units. In recent years, Changsha's catering industry has shown a development trend of increasing both quantity and quality. The 2017 Changsha Statistical Bulletin shows that Changsha's total retail sales of consumer goods was 454.768 billion yuan, of which catering revenue was 41.378 billion yuan, accounting for nearly 10%.

In terms of the structure of the catering industry, since Changsha City promoted the creation of a national food safety demonstration city in 2016, one of the key points has been to standardize the catering service industry. Especially with the implementation of the "Bright Kitchen and Bright Stove" project, there are more than 12,000 restaurants in the city Catering units have installed video kitchens or improved transparent kitchens. This year and next, 7,000 small catering stores in the city will be fully covered with "transparent kitchens."

Yunnan: The newly revised "Yunnan Provincial Anti-Drug Regulations" will be implemented in June

The newly revised "Yunnan Provincial Anti-Drug Regulations" will be officially implemented on June 1 this year,** *Covers 69 items in 8 chapters including general principles, anti-drug publicity and education, drug control, drug treatment management and services, international anti-drug cooperation, anti-drug work guarantees, and legal responsibilities.

The revised "Yunnan Provincial Anti-Drug Regulations" clearly stipulates that radio, film and television, online audio-visual, literary and art groups and related units shall, in accordance with relevant national regulations, investigate and deal with drug-related activities by the public security organs for less than 3 years or have not yet Persons who have recovered from drug addiction may not be invited to participate in the production of radio, film and television programs as main creative personnel or to hold or participate in theatrical performances; the radio, film and television programs and commercial advertising programs endorsed by the above-mentioned personnel as main creative personnel will not be broadcast. The Anti-Drug Regulations also stipulate that it is strictly prohibited to drive motor vehicles, ships, rail vehicles, aircraft, etc. after taking drugs; that drug addicts who are sick or disabled will be subject to classified treatment; and that there will be "zero tolerance" for drug-related illegal information on the Internet.

Wuhan: The newly revised "Wuhan Municipal Subdistrict Office Regulations" will come into effect on June 15

On May 10, the Wuhan Municipal People's Congress Standing Committee held a press briefing to announce that the new The revised "Wuhan Sub-district Office Regulations" will come into effect on the 15th of next month. In the future, the responsibilities of the sub-district offices will be mainly public management and services, and at the same time guide the grassroots to carry out self-governance. Higher-level departments shall not "increase the burden" on the sub-district offices.

The revised regulations stipulate that the functional orientation of the sub-district office is to focus on public security management, public security services and public security within the jurisdiction, and the relevant departments of the municipal and district governments Administrative affairs within the scope of responsibility shall not be entrusted or handed over to the sub-district office without authorization. The relevant person in charge of the Wuhan Municipal Legal Affairs Office said that in recent years, the sub-district offices have continued to take on tasks from higher-level departments, which can be called an "unbearable burden", resulting in no time to take into account their real management and service functions, so they need to be included in the regulations. clear.

Extended reading: How to buy insurance, which one is better, and step-by-step instructions to avoid these "pitfalls" of insurance