In the vibrant bustle of Zibo's barbecue stalls lies the legal code of urban governance; in the collapse of telecom fraud gangs in northern Myanmar, the resolve to crack down on cross-border crimes through the rule of law is demonstrated. In 2023, the Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPCSC) issued a review opinion to halt "guilt-by-association" punishments, restoring the principle that one should be held responsible only for one's own crimes; in this year, guiding opinions on punishing cyberbullying were released, preventing keyboards from becoming weapons that harm others; in this year, a sweeping anti-corruption campaign in the pharmaceutical industry purged the sector with resolute measures to clean up its ecosystem.This was a year that embodied the warmth of the rule of law amid the vitality of everyday life.

I. Legislative Affairs Commission Halts "Guilt-by-Association" Punishments: Return of the Principle of Liability for One's Own Crimes in the Rule of Law

"Anyone who commits a crime shall bear responsibility for it themselves."

【Event Review】

In December 2023, the Legislative Affairs Commission of the NPCSC disclosed in its report on the work of record review and supervision that a coordinating body of a municipal district issued a circular imposing punitive measures on key persons involved in certain types of crimes, including restricting the rights of spouses, children, parents and other close relatives of these key criminal suspects in education, employment, social security and other aspects. A citizen submitted a review proposal, arguing that such restrictive measures were essentially of a "guilt-by-association" nature and should be ceased.

After review, the Legislative Affairs Commission held that: The legal liability for any illegal or criminal act shall be borne by the perpetrator themselves, and shall not be imputed to or affect others. This is a fundamental principle of modern rule of law; the relevant circular restricted multiple rights of close relatives of criminal suspects, violating the principle of liability for one's own crimes and being inconsistent with the principles and spirits stipulated in the Constitution regarding "Citizens' Basic Rights and Obligations".

This review opinion was referred to by academia and public opinion as "halting guilt-by-association".

【Lu Heng's Perspective】

"One person commits a crime, the whole family suffers" – such "guilt-by-association" punishments were once taken for granted in the long course of history, but in a modern society governed by the rule of law, liability for one's own crimes is the most basic principle of the rule of law. The NPC Legislative Affairs Commission's move to halt local "guilt-by-association" regulations this time is of profound significance.

From a legal perspective, the record review system, as an important mechanism for constitutional supervision, is increasingly playing a role in "guarding the bottom line of the rule of law". In 2023, the Legislation Law was revised, with more than ten provisions involving the record review system; in December, the NPC Standing Committee adopted the "Decision on Improving and Strengthening the Record Review System", which was referred to by academia as the "Mini Record Review Law". These institutional improvements mark that China's constitutional review and record review work have entered a new stage.

The progress of the rule of law is reflected in every protection of citizens' rights and every clarification of the boundaries of power.

II. Collapse of Northern Myanmar Telecom Fraud Gangs: Cross-Border Crackdown Protects People's "Pocketbooks"

"A world free of fraud" is one step closer to us.

【Event Review】

In 2023, telecom and network fraud crimes involving China in northern Myanmar were on the rise, giving rise to a series of criminal activities such as illegal border crossing and illegal detention. In response, China's public security organs carried out multiple law enforcement cooperation operations with relevant local law enforcement departments in Myanmar, and the intensity of crackdowns continued to increase.

Since August, the number of telecom and network fraud cases nationwide and the property losses caused have decreased by 24% and 20.5% year-on-year respectively. As of November, relevant local law enforcement departments in northern Myanmar had handed over a total of 31,000 telecom fraud suspects to China, including 63 masterminds, organizational leaders and core members, and 1,531 fugitives listed online, achieving remarkable results in the crackdown.

In November, the "Measures for Joint Punishment of Telecom and Network Fraud and Associated Illegal Crimes (Draft for Comment)", drafted by the Ministry of Public Security in conjunction with relevant competent departments, was also released to the public for comments.

【Lu Heng's Perspective】

Telecom and network fraud is a "social cancer" abhorred by the people. The thunderous crackdown on telecom fraud gangs in northern Myanmar by public security organs in 2023 can be called the "peak battle" in the anti-fraud struggle in recent years.

From a legal perspective, cross-border crackdowns on telecom fraud face numerous difficulties such as jurisdiction, evidence collection, and suspect handover. The breakthrough progress in China-Myanmar law enforcement cooperation this time has accumulated valuable experience for future cross-border crackdowns on crimes. After the official implementation of the "Anti-Telecom and Network Fraud Law" at the end of 2022, the crackdown operations in 2023 made this law truly "show its teeth".

As a responsible person of the Ministry of Public Security stated, we must not only "win the fight" but also "prevent effectively" and "manage firmly". The collapse of telecom fraud gangs in northern Myanmar has spared countless families from the nightmare of being scammed, and brought the vision of "a world free of fraud" one step closer to us.

III. Issuance of Guiding Opinions on Punishing Cyberbullying Illegal Crimes: Taking a Stand Against Cyberbullying

"Keyboards should not become knives that hurt people."

【Event Review】

On September 25, 2023, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Guiding Opinions on Lawfully Punishing Illegal and Criminal Acts of Cyberbullying". The Opinions clearly stipulate the application of law, policy grasp, and prosecution procedures for cyberbullying illegal crimes, requiring accurate application of law and severe punishment of cyberbullying illegal crimes in accordance with the law.

The Opinions clearly require that for cyberbullying illegal crimes, the spirit of severe punishment shall be reflected, so that the people can fully feel fairness and justice. Those who organize "doxxing", illegally collect and publish citizens' personal information to an unspecified majority of people, if the circumstances are serious and conform to the provisions of the Criminal Law, shall be convicted and punished for the crime of infringing upon citizens' personal information.

【Lu Heng's Perspective】

Cyberbullying has become an "invisible killer" in the Internet era. From the suicide of the "girl with pink hair" after being cyberbullied to the fall of the "mother of a Wuhan primary school student" to her death after cyberbullying, the loss of these vivid lives has pushed the whole society's tolerance for cyberbullying to a freezing point.

The guiding opinions jointly issued by the three ministries and commissions mark the first time at the judicial level that a systematic "red card" has been shown to cyberbullying acts. From a legal perspective:

The guiding opinions clarify the public prosecution standards for the crimes of insult and defamation, solving the past dilemma of "difficult private prosecution and few public prosecutions"
• Including "doxxing" into the regulation of the crime of infringing upon citizens' personal information hits the core pain point of cyberbullying
• Emphasizing the protection of special groups such as minors and the elderly reflects the warmth of justice

Cyberspace is not a lawless territory; keyboards cannot become knives that hurt people. The issuance of these guiding opinions makes every netizen feel the protection and restraint of the law.

IV. Release of Typical Cases of Anti-Monopoly and Anti-Unfair Competition: Safeguarding the Order of Fair Competition in the Market

"The rule of law is the best business environment."

【Event Review】

On September 14, 2023, the Supreme People's Court released typical cases of anti-monopoly and anti-unfair competition handled by people's courts in 2023, including 5 typical anti-monopoly cases and 5 typical anti-unfair competition cases.

The 5 typical anti-monopoly cases involve industries closely related to people's livelihood such as pharmaceuticals, funeral services, automobile sales and building materials; the 5 typical anti-unfair competition cases cover case types including the application of the general clause of unfair competition, confusion, false propaganda, infringement of technical secrets and network unfair competition disputes.

In the dispute case of refusal to trade in "basic funeral services", the people's court lawfully stopped the abuse of dominant market position by public utilities in the funeral industry; in the unfair competition dispute case of "Shuaibao APP", the court explored and clarified the legal nature and independent economic value of non-original data sets.

【Lu Heng's Perspective】

Fair competition is the core essence of the market economy and an inherent requirement for high-quality development. 2023 marked China's Fair Competition Policy Promotion Week, with the theme of "Unified National Market, Fair Competition for the Future".

The batch of typical cases released by the Supreme People's Court covers traditional people's livelihood fields such as pharmaceuticals and funeral services, as well as new digital economy formats such as short videos and online games. From a legal perspective, these cases clarify many cutting-edge issues in the application of the Anti-Monopoly Law:

How to identify unfair high-price behavior?
• How to distinguish the boundary between technological innovation and monopolistic behavior?
• How to divide the ownership of data rights and interests?

Every judgment contributes to building a unified national market brick by brick. Only when monopolists have nowhere to hide and innovators are protected can the market burst with vitality.