
The Global Lawyer Series
The Peoples Republic of China
Our legal journey is almost over, but before we go, let's stop in China!
Do you know who He Weifang is, and how he changed Chinese law? Or how the rights of LGBTQI+ peoples are protected in the judicial system?
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THEFT
Theft is sentenced to not more than three years, criminal detention or public surveillance. However, if the amount is huge or in serious circumstances, one may be sentenced to 3-10 years imprisonment, or even life imprisonment.MURDER
Murder in China is sentenced to capital punishment: life imprisonment.
For murder and homicide, an individual who is already 14 years of age is criminal liable and can be charged with intentional homicide and murder. If circumstances are grave enough, the same can be applied to a 12 year old.DRUGS
Drug possession is punishable by determining the amount of drugs. Trafficking or possessing drugs with more than 1kg of opium or 50 grams of heroin will face life imprisonment or death. If the amount is smaller, you face imprisonment of minimum seven years with a fine. -
Same-sex relationships: Homosexuality was decriminalized in 1997, and it was removed from the list of mental illnesses in 2001. However, same-sex marriage and civil unions are not legally recognized.
Adoption and parenting: Same-sex couples cannot legally adopt children together. Surrogacy is heavily restricted and often inaccessible for LGBTQI+ families.
Transgender rights: Gender-affirming surgery is legal, but it requires strict conditions, such as being unmarried and undergoing psychiatric evaluation. Legal gender changes are possible but bureaucratically difficult.
LGBTQI+ organizations and advocacy exist, but they face tight restrictions. Many LGBTQI+ events have been shut down by authorities, and online content is often censored.
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He Weifang
He Weifang (贺卫方) is one of China’s most well-known legal scholars and a prominent advocate for judicial reform. His activism traces an important arc in the push for greater rule of law in China. Here’s a step-by-step look at his journey:
His Journey
After universities reopened, he studied law and went on to become a professor of law at Peking University.
Established himself as a leading legal academic
Pushed for an independent judiciary free from direct Party control, believing this to be essential for fairness and stability.
He Weifang’s writings became sharper, openly criticizing how local governments influenced courts and how judicial corruption undermined fairness.
Politically punished, transferred to a post in remote Lanzhou University
Became a symbol of the struggle for judicial independence
He Weifang is remembered as one of the most important voices for judicial reform in contemporary China.
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Anti-Unfair Competition Law Revision (2025)
Updated version of the Anti-Unfair Competition Law (AUCL) will take effect 15 October 2025.
Major changes include introducing personal liability (for individuals responsible for commercial bribery), expanding penalties, and extending jurisdiction to cover unfair practices committed abroad.
Also stronger provisions around business transparency, especially in practices such as discounts, commissions, and how data / platform services are used.
The revision primarily targets the digital and platform economies, introducing provisions against the abuse of superior bargaining power, prohibiting below-cost sales by platforms, and enhancing platform operator responsibilities.