cjal: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called cjal.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

China; Note; Government; Supra; People; Court; System; Article; Rights; Public; Columbia; Reform; Prc; U.s; Criminal; Taiwan; Editors; Hong; Crimes; Editor; Copyright; Shanghai; Daily; Speech; Xiaoping; River; Cohen; Penalties

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• Antitrust Remedies: A Comparison Between the Cases against Alibaba and Facebook by Chen, Yueting (2022) - The Alibaba case and the Facebook case marked the trend of increasingly close regulatory scrutiny on major online platforms in both China and the U.S. Regulators in China first set their eyes on discriminatory and exclusionary practices of online platforms, while regulators in the U.S. focused on revoking anticompetitive mergers. Taking a similar path, big tech companies in the U.S. rose to their dominance as online platforms. Keywords: access; alibaba; antitrust; case; china; chinese; competition; competitors; data; divestiture; dominance; economies; facebook; ftc; interoperability; law; market; network; new; online; platforms; power; regulators; remedies; samr; tech; u.s; users; whatsapp
• Interpreting “Settled Abroad” in China’s Nationality Law: Theory, Practice, and Problems by Zhang, Jisen (2022) - The limitation on the application of foreign nationality law constitutes the second, less evident but equally important purpose of Nationality Law: to prevent those who have not settled abroad and their children from losing Chinese nationality. The globalization of China and active international migration across Chinese borders involving millions of people have made understanding Chinese nationality law an issue of tremendous importance. Keywords: affairs; article; asian; asic; c ivil; cases; china; chinese; citizenship; columbia; countries; country; court; department; ediate; es foreign; ethnic; foreign; government; guoji; household; identity; immigration; interm; interpretation; issue; journal; ministry; mps; nationality law; nationals; note; overseas; overseas chinese; passports; people; provisions; public; registration; republic; residence; right; state; supra; term; vol; y es; years
• The Dual Tales of Moralizing Courts: Examining Party-Related Moralizing Keywords in Civil Judgments by Gao, Eva; Wu, Xiaohan (2025) - While family law cases only take up half of the sample cases, the presence of familial or similar relationships between litigants among moralizing cases is much more prevalent than this figure suggests. People’s Ct., Oct. 26, 2009, effective Nov. 4, 2009), only duly promulgated laws, regulations, and the SPC’s judicial interpretations are sources of law binding upon judicial courts. Keywords: analysis; asian; cases; ccp; china; chinese; columbia; columbia journal; core; core values; courts; defendant; dispute; family; fayuan; hexin; individual; jiazhiguan; jiufen; journal; judge; judgments; keywords; law; life; mar; minshi; model cases; morality; moralizing; note; number; opinions; panjueshu; parties; party; people; plaintiff; practice; public; reasoning; renmin; rule; shehui; society; spc; state; supra; tales; trial; values; virtue; vol; wang; way; zhang; zhuyi
• Preface by Edwards, R. Randle (1987) - The Journal will also select for publication articles from Chinese legal periodicals which focus on major topics in China's 1987] JOURNAL OF CHINESE LAW By the early nineteenth century, however, Western merchants were com- plaining bitterly about Chinese law - the criminal law was perceived as harsh, civil and commercial law as inadequate and the courts as inaccessible to foreigners. Keywords: china; chinese; law
• Contents, Dedication, Masthead by CJAL Editorial Board (1989) - Editors SUN WEI YANG XIAOPING Book Review Editors JOSEPH HUNT NICHOLAS J. KABCENELL Circulation Editor MICHAEL A. SKINNER Senior Editors Liu HONG JODIE SIMON Editors MICHAEL BENNETT KAREN FUNKHOUSER CHARLOTTE HART SEUNGDUK KOH ELIZABETH Koo RUSSELL LEONARD MIMI LEVY LI LI JASON MARSHALL RONALD NYMAN PIYASENA C. PERERA LENA PU JONATHAN Ross JAN SHELBURNE JUSTIN SHRENGER DANIEL SULLIVAN ANDREA WEINSTEIN Yu XIAOWEI ZHANG CHUANPING Board of Advisors MYRON COHEN LORI F. DAMROSCH E. ALLAN FARNSWORTH RICHARD N. GARDNER VALTER GELLHORN HARVEY J. GOLDSCHMID JOHN N. HAZARD LOUIS HENKIN OSCAR SCHACHTER HANS SMIT Au TIMOTHY A. STEINERT Notes Editors CHRISTINE J. CHAO PETER T. JENSEN Financial Editor BRENT J. BELNAP Translations Keywords: china; editors; xiaoping; yang
• Book Reviews by CJAL Editorial Board (1989) - For this reason, China Tax Guide should not be far from the fingertips of any foreign business person contemplating starting or expanding business in the China market. China Tax Guide consists of eleven short chapters of text, begin- ning with an introduction and a brief summary of the various forms of doing business in China. Keywords: book; china; chinese; corporations; investment; tax
• Contents & Masthead by CJAL Editorial Board (1988) - Au TIMOTHY A. STEINERT Notes Editors CHRISTINE J. CHAO PETER T. JENSEN Financial Editor BRENT J. BELNAP Translations Editors SUN WEI YANG XIAOPING Book Review Editors JOSEPH HUNT NICHOLAS J. KABCENELL Circulation Editor MICHAEL A. SKINNER Senior Editors LIU HONG JODIE SIMON Editors MICHAEL BENNETT EILEEN CHANG KAREN FUNKHOUSER CHARLOTTE HART SEUNGDUK KOH ELIZABETH Koo RUSSELL LEONARD MIMI LEVY JASON MARSHALL RONALD NYMAN PIYASENA C. PERERA LENA PU JONATHAN Ross JAN SHELBURNE JUSTIN SHRENGER DANIEL SULLIVAN ANDREA WEINSTEIN YU XIAOWEI ZHANG CHUANPING Board of Advisors MYRON COHEN LORI F. DAMROSCH E. ALLAN FARNSWORTH RICHARD N. GARDNER WALTER GELLHORN HARVEY J. GOLDSCHMID JOHN N. HAZARD Louis HENKIN OSCAR SCHACHTER HANS SMIT JOURNAL OF CHINESE LAW VOL. Keywords: china; editors
• Financial Institutions in Taiwan: An Analysis of the Regulatory Scheme by Wen-Yeu Wang, Wallace; Ting-Yeh Yang, James (1990) - Although historical explanations, such as the legis- lative outcome of specific events or crises, do illuminate the reasons for financial regulations, they do not and cannot fully explain and justify them. The final step in analyzing financial regulations, therefore, con- sists not only of devising methods for enforcing the legal rules, but also of recognizing the necessary interaction between law and the greater normative universe which we inhabit. Keywords: art; arts; bank; banking; banking law; capital; central; china; chinese; credit; deposit; development; exchange; exchange law; failure; firms; funds; government; information; institutions; insurance; intermediaries; investment; journal; law; market; price; public; regulations; securities; securities market; supra note; system; taiwan; type
• Contents & Masthead by CJAL Editorial Board (1991) - 5 FALL 1991 NO. 2 Editor-in-Cidef R. RANDLE EDWARDS Managing Editors Li HUANTfNG STERGIOS THEOLOGIDES Articles Editors ANDREW BELL LEE EDWARDS JEFF KATEMAN ELLA B. WONG Senior Editor ALLAN K. A. MARSON PERRY BECHKY EUSABETH BENTEL STEPHENIE BROWN HENRY HAIHUA DING Notes Editors RICHARD DING HOWARD JIANG Business Editor PHILLIP GREENBERG Editors RICHARD ELBAUM LISA B. GREGORY RANDALL PEMREBOOM JAY J. YAN Board of Advisors MYRON COHEN LORI F. DAMROSCH E. ALLAN FARNSWORTH RICHARD N. GARDNER WALTER GELLHORN HARVEY J. GOLDSCHMID JOHN N. HAZARD Louis HENKqN OSCAR SCHACHTER HANS Shin RALPH WANG MICHAEL K. YOUNG MADELEINE ZEUN JOURNAL OF CHINESE LAW VOL. Keywords: china; editors; law
• The "Constitutional Tradition" in China by De Bary, Wm. Theodore (1995) - This is followed by some of the more important critiques of dynastic law offered by prominent Neo-Confucians in the twelfth and seventeenth centuries. The other was the Neo-Confucian criticism of dynastic law in that form. Keywords: china; chinese; confucian; dynasty; government; huang; law; laws; ming; order; people; power; rites; ruler; schools; self; state; tradition
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1995) - Theodore de Bary Jeremy T Paltiel COMIENTARY CHINESE LEGAL REFORM: ACHIEVEMENTS, PROBLES AND PROSPECTS FINANCING THE CHEK LAP KOK NEW AiRPORT: A CASE STUDY IN AMENDING THE SINO-BRMTSH JOINT DECLARATION ON THE QUESTION OF HONG KONG NOTE A SLEEPING GIANT AWAKENS: THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN CHINA Jiang Ping 67 Michael S. Bennett 77 Michael N. Schlesinger 93 ACKNOWLEDGEMENT The Journal of Chinese Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. 9 SPRING 1995 NO. 1 Editor-in-Chief R. RANDLE EDWARDS Executive Editors PATRICK J. TANGNEY WALKER WALLACE Articles Editors LANDON PRIEUR CHARLES EDWARD SMITH, III YANG YAN XIANWU ZENG Notes Editors MARISA LAU FRANCES F MI Editors LELA BRISTOL BRIAN CHUNG ANDREA GOODMAN WARREN SZUTSE HUANG RN TAO JONG C. LEE Managing Editor SUEYOUNG MIN Business Editor ELIZABETH WONG Submissions Editor ZHU WEIYI Senior Editor VALERIE DEMONT LAURA SUZANNE SARAH MICHAEL N. SCHLESINGER ALAN SEEM YOUNGJIN SOHN CHRISTINE TAM Board of Advisors MYRON COHEN LOUIS HENKIN LoRI F DAMROSCH OSCAR Keywords: china; editor; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1995) - Isj JOURNAL OF CHINESE LAW VOL. 9 FALL 1995 NO. 2 CONTENTS ARTICLE THE LEGAL FRAMEWORK FOR JOINT DEVELOPMENT OF CHINA'S ONSHORE OIL RESOURCES: NEGOTIATION STRATEGIES AND FUTURE PROSPECTS Kevin A. Wolf COMMENTARY THE CHINESE CONCEPT OF THE INDIVIDUAL AND THE RECEPTION OF FOREIGN LAW CONSTITUTIONAL SUPERVISION AND INTERPRETATION IN THE PEOPLE'S REPUBLIC OF CHINA Herbert H. P Ma Cat Dinglian GLOSSARY 207 219 247 ACKNOWLEDGEMENT The Journal of Chinese Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. The Journal welcomes multidisciplinary, historical and comparative manuscripts, as well as those describing and analyzing aspects of contemporary Chinese law and practice. Keywords: china; editor; journal; law
• Constitutional Supervision and Interpretation in the People's Republic of China by Cai, Dingjian (1995) - In cases where the Party was found to have violated the Constitution, constitutional supervisory organs would only be able to advise Party organs to change or abolish the unconstitutional document. Tius is a more passive process, and in general, this type of investigation could be requested only by organs that possess the power to present cases to constitutional supervisory organs. c. Keywords: china; constitutional; interpretation; law; note; npc; organs; people; power; review; standing committee; state; supervision
• TOC, Masthead, Acknowledgement, Editor's Note by CJAL Editorial Board (1992) - Members of the 1992-1993 staff are as follows: Managing Editors PERRY S. BECHKY RANDALL PEERENBOOM Articles Editors STEPHENIE BROWN HENRY HAIHUA DING RICHARD ELBAUM PETER KAR Yu KWAN JAY J. YAN Senior Editors DAVID C. DOWNIE KA-YIN Li PAO LIN WANG Administrative Officers SUSAN FORRESTER JOANNE M. GOTTESMAN Editors DAVID BATTAT LEO CHEN OWEN CHEN GRACE S. CHENG RICHARD CHENG-YU FUNG CHAIHARK HAHM DANA L. KLAPPER WINSTON J. LI SAMUEL Lu GABRIELLE WONG VERONICA D. WONG MICHAEL Yu EDITOR'S NOTE The Journal of Chinese Law commenced publication in 1987 under the auspices of the Columbia University School of Law and the Parker School of Comparative Law. Kaer NOTE EXAMDNING THE ECONOMIC COMPONENT OF CHINA'S ONE-CHILD FADLY POLICY UNDER INTERNATIONAL LAW: YOUR MONEY OR YOUR LIFE Lisa B. GLOSSARY ,n Turner Gregory JOURNAL OF CHINESE LAW VOL. 6 SPRING 1992 NO. 1 Editor-in-Chief R. RANDLE EDWARDS Managing Editors Li HUANTING STERGIOS THEOLOGIDES Articles Editors ANDREW BELL LEE EDWARDS JEFF KATEMAN ELLA B. WONG Senior Editors ALLAN K. A. MARSON LISA B. GREGORY PERRY S. BECHKY ELISABETH BENTEL STEPHENIE BROWN HENRY HAIHUA DING Notes Editors RICHARD DING HOWARD JIANG Business Editor PHILLIP GREENBERG Editors RICHARD ELBAUM RANDALL PEERENBOOM JAY J. YAN Board of Advisors MYRON COHEN LoRI F. DAMROSCH E. ALLAN FARNSWORTH RICHARD N. GARDNER WALTER GELLHORN HARVEY J. GOLDSCHmID JOHN N. HAZARD Louis HENKIN OSCAR SCHACHTER HANS ShlIT RALPH WANG MICHAEL K. YOUNG MADELEINE ZELIN ACKNOWLEDGEMENT The Journal of Chinese Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. Keywords: china; editors; journal; law
• TOC, Masthead, Acknowledgement, Editor's Note by CJAL Editorial Board (1992) - RALPH WANG WALTER GELLHORN MICHAEL K. YOUNG HARVEY J. GOLDSCHm1D MADELEINE ZELIN JoHN N. HAzARD ACKNOWLEDGEMENT The Journal of Chinese Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. The Journal provides a forum for legal practitioners and scholars from China, the United States and elsewhere to discuss the broad range of issues that relate to law in China. Keywords: china; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1994) - PRocuRmENT Yang Chun-xi Jolm W. Head & Liu Sheng-rong Jolm Linarelli GLOSSARY 227 ACKNOWLEDGEMENT The Journal of Chinese Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. The Journal provides a forum for legal practitioners and scholars from China, the United States and elsewhere to discuss the broad range of issues that relate to law in China. Keywords: china; journal; law
• China and the GATT Agreement on Government Procurement by John, Linarelli (1994) - Alan Eisner, Christopher Says China not Meeting Terms for MFN, Reuters, Feb. 24, 1994, available in LEXIS, News Library, Reubus File; Lies, Damn Lies and Trade Figures, S. China Morning Post, Jan. 30, 1994, at 6; Zhu Expects China-Japan Trade to Balloon 10-Fold, Agence France Presse, Feb. 25, 1994, available in LEXIS, News Library, Afp File; Michiyo Nakamoto, China-Japan Trade Increases by 31%, Fin. Convention on the International Sale of Goods, in China Law and Practice, June 11, 1987, at 24. 163. Keywords: art; china; chinese; countries; country; enterprises; foreign; gait; gatt; gatt agreement; general; government; government procurement; international; law; laws; negotiations; parties; party; procurement; round agreement; state; supra note; system; tokyo round; trade; uruguay round; world
• The Constitutional Development And Operations Of The National People's Congress by Dowdle, Michael W. (1997) - Cf Women in Protest, supra note 52 (women Standing Committee delegates petition NPC Standing Committee for greater female representation in the Plenary Session). Women in Protest, supra note 52 (Women Standing Committee delegates petition NPC Standing Committee for greater female representation on the committee). Keywords: administrative; amendments; art; cai; ccp; chairmen; china; cla; columbia; committee delegates; committees; constitutional; council; court; department; development; draft; drafting; example; finance committee; general; group; interview; law committee; legislative; national; notes; npc; npc constitutional; npc delegates; npc leadership; npc standing; office; office research; organs; party; people; plan; plenary; presidium; procedures; proposals; reports; research; rules; session; standing committee; state; state council; supra note; supreme; tanner; text supra
• Private Securities Litigation In China: Of Prominence And Problems by Cai, Wenhai (1999) - A lamentable fact is that the current civil system in China is riddled with structural impediments so numerous as to make securities civil actions virtually nonexistent. Second, securities law enforcement is plagued by a number of overlapping, competing organizations with no shared purposes. Keywords: action; cases; china; class; criminal; csrc; enforcement; fraud; investors; law; litigation; market; public; sanctions; securities; securities law; system
• Judicial Psychiatry In China And Its Political Abuses by Munro, Robin (2000) - From the late 1970s and early 1980s onwards in China, the diagnosis of choice in political cases appears to have shifted towards paranoid psychosis and its various sub-categories (e.g., litigious mania), although schizophrenia continued also to be diagnosed. According to a survey done by this author of forensic psychiatric appraisal cases carried out at the Shanghai Municipal Mental Health Center over the period 1970-71, however, political cases accounted for 72.9 percent of the total. Keywords: account; ankang; article; asian; authorities; behavior; beijing; cases; china; chinese; civil; columbia; counterrevolutionary; country; crimes; criminal; cultural; custody; dissident; example; falun; following; forensic; form; general; gong; government; group; health; hospital; human; illness; journal; judicial; law; medical; mental; national; nature; new; note; number; offenders; official; order; party; patients; people; percent; period; person; police; practice; prison; psychiatric; psychiatrists; public; question; rights; security; soviet; state; study; supra; system; time; total; treatment; union; work; years
• Table of Contents & Masthead by CJAL Editorial Board (2016) - Grass-Root Lending Institutions in China Wei Liu 245 The Philippines v. China Jurisdictional Award and its Implications for the Republic of Korea Henri Fron -8 Columbia Journal of Asian Law Editorial Board, 2015-2016 Editors-in-Chief Karman Lucero Managing Editors Hyun Jee Ellie Cho Submissions Editor David S. Hong Kelsey K. Wong Business Editor Elisa Zheng Articles Editors Columbia Journal of Asian Law Volume 29, Number 2 Spring 2o16 CONTENTS ARTICLES Explaining the Failure of Environmental Law in China Guangdong Xu, Michael Faure Legal and Political Rights Advocacy in Wrongful Conviction Death Penalty Cases in China: A Study of the Leping Case of Injustice Jue Jiang 96 Criminalization of Drug Trafficking in Vietnam: Developments and Challenges Hoa Phuong T. Nguyen, Gregory L. Rose 146 Is There a Way in the Labyrinth of Treaty Norms Leading to the Applicable Rule?: Keywords: china; editors; korea
• Table of Contents & Portrait of Professor Stanley B. Lubman by CJAL Editorial Board (2005) - A CASE FROM SICHUAN GOVERNANCE OF CHINA'S PERIPHERY: BALANCING LOCAL AUTONOMY AND NATIONAL UNITY CASE PRECEDENT IN QING CHINA: UNANSWERABLE QUESTIONS AND LEGAL POLYCENTRICITY IN CHINA DICEY, LUBMAN, AND BAGEHOT: CHINESE LAW IN THE COMMON LAW MIND Ding/ian Cai Lei'la Choukroune Donald C. Clarke Michael W. Dowdle ARTICLES JUDICIAL REFORM IN CHINA: LESSONS FROM SHANGHAI CHINA'S LEGAL PROFESSION: THE NASCENCE AND GROWING PAINS OF A PROFESSIONALIZED LEGAL CLASS EXPORTING JUDICIAL REVIEW FROM THE UNITED STATES TO CHINA LAW AND DEVELOPMENT OF CONSTITUTIONAL DEMOCRACY IN CHINA: Keywords: china; law
• The Protectionist Bar Against Foreign Lawyers in Japan, China, and Korea: Domestic Control in the Face of Internationalization by Suzuki, Misasha (2025) - The Protectionist Bar against Foreign Lawyers in Japan, China, and Korea: Domestic Control in the Face of Internationalization THE PROTECTIONIST BAR AGAINST FOREIGN LAWYERS IN JAPAN, CHINA, AND KOREA: Recent revisions to China's Lawyers Law put stricter standards and compliance measures on foreign lawyers and foreign law firms, while Japan still prevents Japanese lawyers (bengoshi) from being hired by non-Japanese firms. Keywords: bar; china; firms; japan; japanese; justice; korea; law firms; lawyers; market; ministry; nichibenren; note; number; services; supra; system
• Imperial China’s Border Control Law by Edwards, R. Randle (1987) - As already suggested above, the same ideal of closure applied to foreigners entering Qing China. The opening of Qing China to foreign trade and missionary activity introduced a flood of alien ideas that helped to stimulate an intellectual ferment and political action leading to the downfall of the imperial order. Keywords: article; board; border; case; china; chinese; code; control; emperor; frontier; hd reprint; hdsl; imperial; king; korean; law; penal; qing; regulations; reprint; supra note; ws reprint
• China’s Quest for Legal Modernity by Gellhorn, Walter (1987) - THE DISTANT PAST Chinese law today is in a state of amazing efflorescence. I write not as a qualified scholar of Chinese law, but simply as a keenly interested (and reasonably frequent) observer of recent developments. Keywords: china; chinese; civil; constitution; contracts; courts; disputes; law; laws; new; note; party; people; present; rights; state; supra; supra note; system; years
• Sovereign Immunity: Chinese Views and Practices by Houli, Wang (1987) - In addition to the questionnaire, the Commission requested that member states submit relevant material on the subject of state immunities, including national legislation, decisions of domestic tribunals, and official records and correspondence. In 1979, the United Nations International Law Commission sent out a questionnaire to governments, soliciting their views on the ques- tion of state jurisdictional immunity in connection with its codifica- tion work on the topic. Keywords: china; foreign; immunity; international; law; principle; sovereign; states; united
• Patent Protection under Chinese Law by Pinard, Jeanette L.; Chun-cheng, Lian (1987) - The CCPIT has five sections responsible for handling patent applications on inventions in the machine building, electronics, power and chemical industries and for legal affairs and administration. Under article 10 of the Patent Law, any assignment of patent application or patent rights to a foreign party must be approved by a department of the State Council. Keywords: applicant; application; art; china; chinese; invention; law; office; p.l; patent; patent law; patentee; right
• An Update on Taxation in China by Miller, Jonathan (1987) - The other two major concerns are the effects of Chinese tax laws in conjunction with other tax incentives and the effect of U.S. tax law, including the new Treaty with China. A joint venture chartered to operate for ten years or more may be exempted from income tax in the first profit-making year and allowed a 50% reduction in the sec- ond and third years. Keywords: art; business; china; chinese; d. art; enterprises; income; income tax; law; supra note; tax; taxes; u.s; venture
• Foreign Direct Investment in the People’s Republic of China: Progress, Problems and Proposals by Cohen, Jerome Alan (1987) - Moreover, foreign investors still eagerly await the promulgation of such basic legislation as a company law, 136 a law regulating CVs 13 7 and a law providing protection for copyright and computer software,138 and implementing regulations have yet to appear for laws governing foreign contracts 139 and WOVs. Because of the unique developmental opportunities perceived, such foreign investors are less likely to be deterred by high costs in China than more analytically comparative investors in productive industries. Keywords: articles; bus; china; china l.; chinese; companies; contracts; costs; economic; enterprises; exchange; fdi; foreign; gongheguo; investment; investors; law; legislation; national; parties; people; prc; provisions; regulations; renmin; republic; state; supra note; tax; technology; trans; ventures; zhonghua
• Legal and Extra-legal Issues in Joint Venture Negotiations by Gelatt, Timothy A. (1987) - Most foreign companies licensing their technology to Chinese joint ventures in which they are investors tend to use the same type of license agree- ment they would use with a completely unrelated foreign licensee, including extensive disclaimers and indemnification provisions, strict controls on the use of the technology, requirements that the technol- ogy be returned at the end of the license and other standard provisions. In addition to paying a basic wage that includes a special pre- mium for Chinese joint venture workers,74 joint ventures are expected to bear various subsidies normally provided to workers by Chinese state enterprises. Keywords: approval; art; china; chinese; contract; economic; exchange; foreign; investment; joint; law; negotiations; parties; party; people; provisions; qiye; regulations; rules; state; supra note; tax; technology; trans; venture
• Recent and Noteworthy Legal Works Published in China by Sidel, Mark (1987) - This essay describes recent and, in the opinion of this author, specifically noteworthy works on Chinese law by Chinese legal schol- ars and practitioners. The time is gone when Western observers of Chinese law could plausibly claim that much of what is published in China on Chinese law is of little use in understanding that legal sys- tem. Keywords: beijing; cases; china; chinese; fagui; house; journal; law; laws; patent; people; publishing; publishing house; regulations; republic; standards; university; works
• The Administrative Law of Standardization in the PRC by Burke, Frederick R. (1987) - By dividing product quality standards into three new categories (international advanced standards [guoji xianjin shuiping], international general level standards [guoji yiban shuiping], and domestic advanced level standards In the technology transfer context, for exam- ple, it might often be wise for a foreign party to supply information about changes in Chinese standards that would make its product more amenable to China's technological infrastructure. Keywords: art; bureau; china; chinese; enterprise; foreign; import; inspection; international; law; liability; ministry; national; note; product; quality; regulations; standardization; standardization regulations; standards; state; supra; supra note
• The Death Penalty and Legal Reform in the PRC by Davis, Stephen B. (1987) - There were generally two cate- gories of death penalties: those for which the death sentence was carried out immediately,23 and those subject to approval at a higher level.2 4 The reviewable cases were memorialized to either the Emperor or the Board of Punishment. It is questionable whether the death penalty is a more effective deterrent than other criminal penalties such as long-term imprison- ment. Keywords: capital; china; chinese; chiu; court; crimes; criminal; death; death penalty; executions; hereinafter; international; justice; law; leng; people; punishment; reform; sentence; state; supra note; system; use
• The Development of International Law in Post-Mao China: Change and Continuity by Kim, Samuel S. (1987) - Despite frequent references in and out of China to Chinese international law (Zhongguo Guojifa), there is no such thing as Chinese international law any more than there is such a thing as Chinese mathematics; there can only be a Chinese theory and prac- tice of international law. This ambiguity in the first and semi-official treatise suggests that Chinese international law thinking at that time was in transition from a class-oriented to a func- tional perspective. Keywords: china; chinese; court; development; foreign; fppc; general; guojifa; international; journal; law; law scholars; mao; nations; new; note; order; period; policy; practice; principles; relations; scholars; sources; states; supra note; theory; treaties; u.n; united; world
• The Basic Law of the Hong Kong Special Administrative Region: Economics and Norms of Credibility by Chang, Denis (1988) - This declared common objective, while not exclusively confined to the economic sphere, reinforced earlier assur- ances that investors could set their hearts at ease;3 it also proved to be the primary catalyst in the successful completion of the Sino-British accord.4 Not only does the term prosperity and stability appear in the Joint Declaration,5 but the Basic Law Drafting Committee (Draft- ing Committee) for the Hong Kong Special Administrative Region (Hong Kong SAR) has since dignified the phrase by enshrining it in the Preamble of the Collection of Draft Provisions of the Basic Law (Collection) and placing it alongside the statement of the national goal of reunification.6 * Barrister-at-law, Q.C. (Hong Kong), Lincoln's Inn; Chairman or the Hong Kong Bar Association (Jan. 1985 - Jan. 1988); Executive Committee Member of the Consultative Com- mittee of the Basic Law for the Hong Kong Special Administrative Region of the Peoples Republic of China and a conveynor of its Special Group on Law; a Chairman of the Hong Kong Board of Review (Inland Revenue Appeals Board). The floating exchange rate system, combined with a discretionary conversion of Hong Kong dollars into foreign assets to back the currency, became a fiat standard. Keywords: autonomy; china; collection; committee; credibility; declaration; future; government; hong kong; kong government; kong sar; law; note; prc; rate; supra; supra note; system; trade
• Interpretation and Review of the Basic Law of the Hong Kong Special Administrative Region by Chu, Liu Yiu (1988) - Paragraph three, the second of China's unilateral declarations, pronounces the following basic PRC policies regarding the Hong Kong SAR: that China will establish a Hong Kong SAR upon resuming the exercise of sovereignty over Hong Kong; that it will maintain there the capitalist system and life-style; that the Hong Kong SAR will enjoy a high degree of autonomy; that China's stated basic policies regarding Hong Kong will be stipulated in a Basic Law 3. This general principle is consistent with current Hong Kong law and practice, but in the context of the Basic Law, which will include provisions gov- erning the division of power between the Central Government and the SAR, this clause may incorrectly give the impression that the SAR courts shall have competence to review executive acts of the Central Government. Keywords: basic; china; committee; drafting; government; hong kong; kong sar; law; people; sar
• Legal Problems with the Hong Kong Model for Unification of China and Their Implications for Taiwan by Chiu, Hungdah (1988) - The PRC side announced that unless an agreement was reached by September 1984, it would unilaterally announce its own program for governing post-1997 Hong Kong. Second, less than half of the members were selected from Hong Kong.23 Third, representatives of the PRC government have stated that cer- tain unspecified national laws, to be determined by the PRC at a later date, shall apply to Hong Kong in the post-1997 period.24 Fourth, the PRC has opposed any British measure to democratize the Hong Kong system before 1990, when the Basic Law will go into effect, including the direct election of members of the Hong Kong Legislative Coun- cil.25 Fifth, Chinese leader Deng Xiaoping has established the princi- ple of benevolent intervention in Hong Kong affairs by the PRC Central Government. Keywords: china; declaration; government; hong; hong kong; kong; law; prc; taiwan
• The Wholly Foreign-Owned Enterprise Law: Defining the Legislative History and Interpreting the Statute by Fang, Z.Y. James; Tang, David K.Y. (1988) - [hereinafter WFOE Law], Renmin Ribao Zheng Tuobin (Minister of Foreign Economic Relations and Trade), Report on the WFOE Law (Draft), on April 2, 1986, at the Fourth Session of the Sixth National People's Congress of the People's Republic of China, Guanyu Zhonghua Renmin Gongheguo Waizi Qiye Fa Caoan de Shuoming, RMRB, Apr. 18, 1986, at 2. 5. Keywords: art; article; china; chinese; council; draft; economic; enterprises; foreign; government; investment; investors; law; people; provisions; qiye; regulations; republic; state; supra; supra note; tax; ventures; wfoe
• A Review of Thirty Years of Legal Studies in New China by Shouyi, Chen (1988) - It is necessary to stabilize in legal form Party policies that in practice have repeatedly proven their effectiveness and whose implementation should be con- tinued. It is a classic piece of literature that illustrates how the Communist Party of China (CPC) concretely applied Marxist legal theory to resolve problems of the legal system that arose in the course of the Chinese revolution, and it established the theoretical basis of legal studies in New China. Keywords: china; government; law; laws; new; party; people; policy; state; studies; system; time
• Developments in the Reform of China’s Banking and Financial Systems Commentary by Hongru, Liu (1988) - More specifically, bank credit has been expanded,' 4 which has been followed by the establishment of various financial institutions and a central bank system, and by the development of financial markets. Today, bank credit is no longer the only form of credit available in China, due to the emergence of commercial credit, consumer credit, state credit, and private credit. Keywords: bank; banking; central; china; control; credit; development; economy; enterprises; exchange; financial; funds; interest; management; market; note; reform; state; supra; system
• Labor Reform in the Workers’ State: The Chinese Experience by Josephs, Hilary K. (1988) - For a discussion of the conversion of contract workers to per- manent status, see infra text Part III(B). As the Min- law followed practice; the obligation of an enterprise to hire contract workers was not ini- tially a legal obligation. Keywords: administration; arbitration; art; benefits; china; chinese; committee; compensation; contract employment; contract workers; contracts; dismissal; dispute; employment regulations; employment system; enterprise; force; government; hetongzhi; hiring; insurance; interview; job; jobs; journal; labor; labor contract; labor dispute; labor reform; laodong; law; ministry; notes; notice; party; people; percent; reform; regulations; state; state enterprises; state regulations; supra note; system; text; unemployment; wage; years; zhongguo
• Tortious Liability for Defective Products in the People’s Republic of Chin by Epstein, Edward J. (1988) - Unlike the Advertising Regulations article 39 creates product liability as in Donoghue v. Stevenson 28 for it would be a violation of the Foodstuffs Hygiene Law to produce or sell a bottle of ginger beer containing the decomposed remains of a snail. The widest and most systematic regulation of product liability is found in the Product Quality Liability Regulations.a4 Like the legisla- tion discussed above, the Product Quality Liability Regulations are a unique Chinese amalgam of administrative provisions which define product quality and prescribe how it is to be maintained. Keywords: art; article; china; chinese; code; consumer; contract; court; damage; economic; fault; goods; law; liability; liability regulations; loss; manufacturer; note; people; product; product liability; product quality; quality; quality liability; regulations; state; substandard; supra; supra note; tort
• The Hopes and Fears of Foreign Direct Investment: A Comparative Evaluation of FDI Regulation in the People’s Republic of China and Taiwan by Au, Jeffrey K. D. (1988) - 7 9 The FDI regimes of the PRC and Taiwan also seek to ensure that FDI enterprises actually introduce foreign capital to their respec- 77. Not only is foreign private ownership of industrial enterprises in the PRC inconsistent with traditional notions of communism; the level of government regulation over FDI enterprises in Taiwan is inconsis- tent with traditional notions of free market capitalism. Keywords: art; arts; capital; china; chinese; company; country; economic; enterprises; equity; exchange; fdi; fdi enterprises; foreign; government; host; investment; law; prc; regulations; supra note; taiwan; technology
• If the BIT Fits: The Proposed Bilateral Investment Treaty between the United States and the People’s Republic of China by Steinert, Timothy A. (1988) - Other U.S. government efforts have included statutory attempts to protect investments through the imposition of sanctions against countries that seize U.S. investments. Pattison, supra note 24, at 309. 1988] JOURNAL OF CHINESE LAW B. Investment Guarantees: OPIC and MIGA A second mechanism utilized by the U.S. government to encourage U.S. investment overseas, particularly in less developed countries (LDCs), is the Overseas Private Investment Corporation (OPIC). Keywords: agreement; art; bit; bits; china; chinese; compensation; countries; dispute; economic; expropriation; foreign; government; hereinafter; international; investment; investors; japan bit; land; law; laws; model bit; para; prc; protection; provision; regulations; state; supra note; trade; treatment; treaty; u.s; united
• Like Throwing an Egg against a Stone? Administrative Litigation in the People’s Republic of China by Finder, Susan (1989) - Initially, the drafters had considered setting forth a broad definition of actionable administrative cases, 6 allowing adjudication of administrative cases in which the concrete decision of state administrative agencies affects the legal rights and interests of citizens and units. Chinese writers on administrative law take differing approaches to the definition of administrative litigation. Keywords: administrative; agency; art; cases; china; court; d. art; decision; government; law; litigation; national; note; officials; people; regulations; republic; rights; state; supra; supra note; xingzheng
• Explicating Law: A Comparative Perspective of Chinese and Western Legal Culture by Zhiping, Liang (1989) - (287 B.C.) provided that resolutions passed by the ple- beian senate would become state law with general binding force.36 Of course, the most famous law was the Twelve Tables, proclaimed dur- ing 451-450 B.C.37 Actually, ancient Chinese law was closely related to ancient wars. Keywords: ancient; b.c; bronze; china; chinese; clan; code; dynasty; history; law; laws; meaning; note; people; period; perspective; punishment; rights; shang; society; state; supra; supra note; time; word; xing; zhou
• Progress and Problems in the Development of a New Income Tax System for State-Owned Enterprises in China by Xiaoping, Yang (1989) - Prior to the reforms beginning in the late 1970's, the state treasury provided state- owned enterprises with most of their working capital. These allocations included expenditures for the development of new products, scientific research, employee training, as well as contribu- tions to the enterprise's employee welfare fund, employee bonus fund, and enterprise fund.'4 Keywords: base; china; enterprises; fund; government; income; note; profit sharing; profits; rate; sharing; state; supra; system; tax
• China’s Accession to the New York Convention: An Analysis of the New Regime of Recognition and Enforcement of Foreign Arbitral Awards by Schulberg, Bruce R. (1989) - In a later release Xinhua noted remarks by Ajmal Hameed, President of the London- based Law-China Society, made at a CCPIT sponsored seminar in China: Including China in the New York Convention on foreign arbitral awards enforcement.., has satisfied the world's courts. '3 To achieve this goal, China is establishing a new regime for the recognition and enforcement of foreign arbitral awards. Keywords: arbitration; art; awards; china; chinese; convention; dispute; enforcement; foreign; law; laws; new; people; prc; recognition; supra note
• Legal Pragmatism in the People’s Republic of China by Xingzhong, Yu (1989) - Chinese legal theory is again in turmoil. EARLY DEVELOPMENT OF LEGAL THEORY IN THE PRC The initial post-1949 development of Chinese legal theory con- sisted of two prominent movements: the first movement criticized Nationalist legal theory, and the second promoted a large-scale adop- tion of Soviet legal theory. Keywords: actuality; ccp; china; chinese; class; development; faxue; law; laws; note; people; policy; pragmatism; rights; scholars; soviet; supra; theory
• Liberalization, Internationalization, and Institutionalization by Chien, Fredrick F. (1989) - Since September 1985, the New Taiwan dollar has risen 57 percent against the United States dollar, from NTS40:U.S. S1 to the present NTS25.5:U.S. S1. THE TAIWAN EXPERIENCE Since the national government withdrew from mainland China in 1949, the Republic of China on Taiwan (ROC), through public com- mitment and private initiative, has achieved what has been recognized worldwide as an economic miracle, and has consistently been rated one of the world's top economic performers in terms of both growth and equity.1 As Taiwan has transformed from a developing to a newly developed nation, the driving force propelling this growth has shifted from the agricultural to the industrial and most recently to the service sector.2 Rapid economic growth, industrialization, and recent political democratization have enabled Taiwan to transform poverty into rela- tive affluence, realizing the economic dream envisioned by Dr. Sun Yat-sen in the Principle of the People's Livelihood. Keywords: china; development; economic; government; law; percent; roc; taiwan; trade; yuan
• The International Law of Recognition and the Status of the Republic of China by Chiu, Hungdah (1989) - DUAL RECOGNITION, OFFICIAL RELATIONS AND SEMI-OFFICIAL RELATIONS A central issue in the context of international relations involving the PRC and the ROC is whether a state may recognize both govern- ments and thus maintain diplomatic relations with both, a situation referred to as dual recognition. ' (1) France On January 27, 1964, the PRC and France announced the estab- lishment of diplomatic relations, with ambassadors to be exchanged within the following three months.26 The ROC embassy filed a strong protest against this unfriendly act by France, but did not sever dip- lomatic relations.2 7 Keywords: china; international; law; prc; recognition; relations; roc; states; united
• Current Special Laws in Taiwan as an Impediment to the Development of Relations with the People’s Republic of China by Xianyi, Zeng; Ding, Zheng (1989) - 85 Third, Taiwan current special laws expressly limit any economic exchange or contact with the Mainland. JOURNAL OF CHINESE LAW[ For four decades, the KMT in Taiwan has implemented and expanded a set of special laws and regulations in order to safeguard the authority of the Republic, maintain its single party dictatorship, resist political influence from the Mainland, and confront the Taiwan independence movement and other political opposition forces. Keywords: china; chinese; communist; constitution; government; interim; kmt; laws; national; party; people; regulations; republic; supra note; taiwan
• A Model for Solving Legal Problems between Taiwan and the Mainland by Chih-Wen, Wang (1989) - Except for the three exceptions mentioned above, current Taiwan law in general is not limited in scope to Taiwan. As for the mainland, it is reported that a research foun- dation pertaining to Taiwan legal problems there has already been established. Keywords: china; law; laws; republic; taiwan
• Law Reform in the PRC after June 4 by Gelatt, Timothy A. (1989) - While foreign lawyers and scholars should certainly resist being used as propaganda tools in the PRC's effort to legitimize its actions of the past spring and summer, we should continue to be receptive to invitations to teach at Chinese law schools and intern in Chinese law firms, and to oppor- tunities to host Chinese scholars, lawyers, and law students at our own institutions. No matter how much phenomenal change has occurred in Chinese law in the last decade, it is unrealistic to think that the legal system will not be subordinated to fundamental political considerations when China's ruling party, rightly or wrongly, sees its grip on power threatened. Keywords: aug; china; june; law; people; prc; reform; renmin; republic; state; system
• Bridge across the Formosa Strait: Private Law Relations between Taiwan and Mainland China by Chen, Tung-Pi (1990) - Article 20 People of the Mainland Region who have entered the Taiwan Region may be expelled upon: 1) entering without approval; 2) exceeding their approved period of stay; [4:101 PRIVATE LAW RELATIONS 3) engaging in activities grossly inconsistent with their approved purpose of entry; 4) engaging in criminal activity, being convicted of a criminal offense by a court, or serving, in whole or in part, a penal sentence; or 5) there being facts indicating that national security or social sta- bility may be endangered by their continued presence in the Taiwan Region. In the above situation, the authorities may prohibit a guarantor from leaving the Taiwan Region until the guaranteed party leaves the Taiwan Region. Keywords: act; article; china; civil; government; law; law relations; laws; mainland; mainland china; mainland region; note; people; prc; private; recognition; region; relations; relationship; taiwan; taiwan region
• The Concept of Statehood and the Status of Taiwan by Davis, Michael C. (1990) - It has also responded favorably to point two of the PRC's proposal by initi- ating a policy of permitting people-to-people contacts with the PRC.10 Beginning with the limited allowance of humanitarian visits to family members, this policy has witnessed a sharp increase in activities, including the visit of the Taiwan team to the Asian Games in Beijing, a virtual explosion of Taiwan investments in the Mainland, visits by leaders of the opposition Democratic Progressive Party (DPP) to Bei- jing, direct Red Cross contacts, visits by Taiwan reporters to the Mainland and Taiwan's expressed willingness to permit Mainland reporters in Taiwan. The right of Taiwan residents to settle in mainland China with freedom of entry and exit; 8. Keywords: autonomy; china; chinese; community; foreign; government; independence; international; law; note; policy; prc; relations; states; supra; taiwan; unification
• One Party, Two Systems: Corruption in the People’s Republic of China and Attempts to Control It by Kolenda, Helena (1990) - Given the progressive disin- tegration of belief in Party ideology, the breakdown of the Party appa- ratus during the Cultural Revolution, and the demoralization of large numbers of Party officials, no strong checks remain to keep the bureaucracy honest.8 2 What remains is an institutional structure that allows officials to pursue self-interested goals with relative ease. Those who are most likely to have the connections and access necessary to establish overseas bank accounts are high Party officials. Keywords: 4th; activities; article; behavior; bribery; cadres; china; chinese; control; corruption; decision; discipline; fbis; government; guanyu; journal; june; law; leadership; note; officials; organs; party; people; personnel; power; prc; property; provisions; public; punishment; state; supra; supra note; system
• Big Character Posters in China: A Historical Survey by Sheng, Hua (1990) - Pursuant to article 2, thousands of dazibao writers were persecuted for blasphemy, which included writing dazibao on newspapers on which were printed portraits or citing Mao's words incorrectly. Writing dazibao is permitted by our consti- tution. Keywords: character; china; chinese; constitution; cultural; dazibao; democracy; deng; freedom; leadership; mao; party; people; posters; revolution; rights; speech
• Bankruptcy of Foreign Enterprises in the PRC: An Interpretation of the Rules Concerning Bankruptcy of Foreign Related Companies in the Shenzhen Special Economic Zone by Toronto, Steven L. (1990) - They, therefore, provide insight into the development and ultimate form of bankruptcy law for foreign investment enterprises on the national level. Hutchings, Factory Chiefs Find Loopholes in China Bankruptcy Law, Daily Tele- graph, Nov. 11, 1988, at 17 (LEXIS, NEXIS library). Keywords: art; bankruptcy; bankruptcy law; china; creditors; debtor; enterprises; law; note; prc; rules; shenzhen; supra
• To Get Rich is Precarious: Regulation of Private Enterprise in the People’s Republic of China by Conner, Alison W. (1991) - To Get Rich is Precarious: Regulation of Private Enterprise in the People's Republic of China JOURNAL OF CHINESE LAW VOL. 5 SPRNG 1991 NO. 1 To Get Rich Is Precarious: Regulation Of Private Enterprise In the People's Republic Of China ALISON W. CONNER* INTRODUCTION Some nine or ten years ago, capitalist businesses - private, profit- -seeking enterprises with large numbers of employees and potentially unlimited assets - reappeared in the People's Republic of China (the PRC or China). Keywords: administration; article; authorities; business; capital; capitalist; china; china daily; chinese; daily; economy; enterprises; firms; individual; labor; law; legislation; measures; note; ownership; party; people; policy; prc; production; provisions; qiye; registration; regulations; sector; state; supra; supra note; tax; workers
• Force Majeure and Related Doctrines of Excuse in Contract Law of the People’s Republic of China by Ross, Lester (1991) - 58 V. CONCLUSION There are many questions about excuse in Chinese contract law that remain unclear. The concept of force majeure would have very limited application in contract law were its scope so narrowly restricted. Keywords: article; breach; changes; china; chinese; commercial; contract; contract law; court; event; excuse; force majeure; foreign; government; impracticability; international; joint; journal; law; majeure events; modification; note; parties; party; people; performance; policy; power; prc; price; production; provisions; republic; shandong; state; supra; supra note; term; trade
• Legal Precedents with Chinese Characteristics: Published Cases in the Gazette of the Supreme People’s Court by Liu, Nanping (1991) - This seems to be incongruous with the general modem concept of case law precedents in the West. It then concludes with a discussion of the way in which future evolution of case law in China as likely to be decisively influenced by institutional developments in the broader political-legal arena. Keywords: article; cases; china; chinese; court; court gazette; decisions; defendant; gazette; guidance; hengdong; institute; law; note; people; precedents; supra; supreme court; system; technology; zhao
• Contract with a Chinese Face: Socially Embedded Factors in the Transformation from Hierarchy to Market, 1978-1989 by Cheng, Lucie; Rosett, Arthur (1991) - It also is prominent in the development of a distinct body of economic contract law, which from the outset limited the group of economic actors to legal persons, but which has been under continuing pressure to expand its definitions and allow other persons and associations to participate. A. Who Is Permitted to Make a Contract? Chinese contract law comes out of traditional and socialist sources that operate on quite different assumptions and greatly restrict the pool of actors who are recognized as capable of asserting a legally cognizable claim. Keywords: 5:143 contract; administrative; agencies; agreements; authority; bureau; business; cases; central; china; chinese; contract disputes; contract law; contract performance; contract system; contracts; control; court; damages; disputes; economic; economy; enterprises; face; government; institutions; journal; level; management; market; national; new; note; number; officials; parties; party; people; planning; power; process; production; reform; role; rules; set; social; society; state; supra; system; transactions; use; way
• Dispute Resolution in China by Clarke, Donald C. (1991) - An important feature of court mediation is that the mediation agreement has the same effect as a court judgment once it is delivered to the parties. In addition, in divorce cases, court mediation is the only type of mediation attempt that can be required before a court will give judgment.37 2. Keywords: adjudication; agreement; article; cases; china; chinese; committee; court; criminal; decision; dispute; dispute resolution; economic; example; fayuan; government; institutions; judges; judgment; judicial; law; legal; level; mediation; note; parties; party; people; pmcs; power; procedure; regulations; renmin; resolution; settlement; state; supra; supra note; supreme; system; work
• Review of Patent Infringement Litigation in the People’s Republic of China by Jianyang, Yu (1991) - Accordingly, exploitation of a patent as described in Article 11 of the Patent Law constitutes an infringement of the patent.7 In determining the existence of patent infringement, the scope of patent protection for inventions or utility models is defined by the terms of patent claims; these claims may be interpreted by their specifications and by appended drawings.' With regard to a design patent, the scope of patent protection is defined by the product incorporating the patented design as shown in drawings or photo- graphs.9 Remedies for patent infringement include injunctions and damag- es,10 as well as elimination of the effects of the infringement,1' a 6. Keywords: agreement; art; article; case; china; company; court; decision; defendant; infringement litigation; intermediate; model patent; patent application; patent claim; patent disputes; patent infringement; patent invalidation; patent invalidity; patent law; patent office; patent protection; patent reexamination; patent system; patent validity; people; plaintiff; plaintiffs patent; procedure law; product; supra note
• Expanding the Patent Law of the People’s Republic of China: A Proposal for Patent Protection of Computer Programs by Syz, Jing-Kai (1991) - The prohibition of computer program patents is also contained in article 52(2)(c) of the European Patent Convention, which establishes a common system for member nations from the 1991] JOURNAL OF CHINFSE LAW ground on the issue. Since China would have to pay for licenses, computer program patents will also force the government to prioritize the industries it wants to encourage and to review the adequacy of each industry's infrastructure. Keywords: art; article; china; chinese; computer; computer programs; copyright; copyright law; features; law; note; patent; patent law; patent protection; prc; programs; protection; regulations; software; supra note; technology
• Rule of Law Ideals in Early China? by Turner, Karen (1992) - For a standard description of law in China, see CHARLES HUCKER, CHINA'S IMPERIAL PAST 163 (1975) (Chinese law was always merely an instrument of government; it was not thought to have divine sanction, nor was it considered an inviolable constitution.); ViTALY RumnN, INDIVIDUAL AND STATE IN ANCIENT CHINA: ESSAYS ON FOUR CHINESE PHILOSOPHERS 70 (1976) On the positive side, I think that a familiarity with some of the vast literature generated in the West on the problem of mitigating the Rule of Law with the discretionary judgment of moral men allows students of Chinese law to engage in questions of universal concern. Keywords: b.c; china; chinese; classical; confucian; government; han; han law; human; journal; justice; law; laws; note; officials; people; punishments; qin; rule; rulers; state; supra; supra note; system; texts; theory; tradition
• Examining The Economic Component Of China's One-Child Family Policy Under International Law: Your Money Or Your Life by Gregory, Lisa B. (1992) - Indeed, they harbor a skeptical view of the validity of international human rights law, and generally accuse Western countries of attempt[ing] to use the pretext of protecting human rights to interfere in China's and other socialist states' internal affairs. It appears that international human rights law leaves individual nations broad discretion with regard to internal demographic policies. Keywords: art; article; birth; child; child policy; children; china; chinese; declaration; development; family; general; government; international; law; parents; people; planning; policies; policy; population; prc; rights; society; states; supra note; u.n; united
• Reforming State Enterprises in China: The Case for Redefining Enterprise Operating Rights by Wang, Wallace Wen-Yeu (1992) - For example, in discussing the system of rights in things, Jiang Shan argues that state enterprise operating rights are a new type of rights in things. Therefore, it is essential to disentangle and clarify the state-enterprise property relationship and to redefine enterprise property rights. Keywords: article; assets; autonomy; china; chinese; control; enterprise law; enterprise operating; enterprise property; enterprises; government; law; management; note; operating rights; ownership; ownership rights; property rights; reform; relationship; rights; state; state enterprise; state ownership; supra; supra note; system; use
• Understanding People’s Mediation in Post-Mao China by Hualing, Fu (1992) - The purpose of this paper is to examine how mediation committees have changed or remained the same in post-Mao China. The Communist government set up mediation committees throughout the nation in the early 1950s. Keywords: agreement; china; chinese; committee; community; contract; control; disputants; disputes; government; justice; law; mao; mediation; mediation committees; mediators; note; people; police; residents; resolution; security; society; state; supra; system; work
• Don’t Stop Thinking about Yesterday – Why There Was No Indigenous Counterpart to Intellectual Property Law in Imperial China by Alford, William P. (1993) - Although the characterization of imperial Chinese law as wholly penal obscures the degree to which such law addressed civil matters, it 56. The purpose of this essay, in delving into China's imperial legal history regarding such matters, is not to suggest that China ought necessarily to have followed the path of the United States or other nations in developing intellectual property law.' Keywords: century; china; chinese; classics; copyright; development; dynasty; efforts; family; history; imperial; intellectual; journal; law; note; officials; past; persons; property; property law; protection; qing; state; supra; supra note; united; use; works; world
• Erecting a Body of Construction Law in the People’s Republic of China by Horsley, Jamie P. (1993) - This article is thus an attempt to provide a basic manual on the types of regulations and restrictions that foreign companies should be aware of when undertaking construction projects in China, either as owner-employers or as contractors. Although many localities have published regulations governing the undertaking of construction projects by foreign contractors, no national legislation in this area yet exists.39 The Beijing Foreign Construction Provisions are fairly typical of the existing local legislation on point. Keywords: approval; beijing; china; chinese; construction; construction projects; contract; design; foreign; law; municipal; note; people; projects; provisions; regulations; state; supra
• The Victim in Chinese Criminal Theory and Practice: A Historical Survey by Peerenboom, R. P. (1993) - Just. 287, 293-298 (1983) (noting studies have shown that change in victim laws have not alw,,ays lead to increased victim cooperation, but arguing that the lack of cooperation may be explained by the continuing unsympathetic treatment of victims by prosecutors). In 1965, California became the first state to pass legislation providing compensation to crime victims. Keywords: art; bodde; china; chinese; code; compensation; crime; criminal; defendant; family; harm; harmony; huang; johnson; justice; law; morris; order; people; practice; process; punishment; rights; state; status; supra note; system; tang; theory; victim
• The Supreme People’s Court of the People’s Republic of China by Finder, Susan (1993) - The salaries and fringe benefits that Court judges receive are in accordance with their bureaucratic ranks. On the other hand, disciplinary provisions for Court judges are similar to those of other central government officials. Keywords: adjudication; administrative; authority; cases; central; china; chinese; committee; court; court court; court interpretations; court judges; court official; court personnel; court system; court work; court yearbook; criminal; division; fayuan; guanyu; interpretations; judicial; law; legislation; note; notice; official; organs; party; practice; procedure law; public; regulations; renmin; renmin fayuan; sifa; state; supra; supra note; supreme court; supreme people; zuigao; zuigao renmin
• Foreign Banking in China: Opportunities for U.S. Investors in the 1990s by MacCormac, Susan H. (1993) - Joint venture banks function similarly to and are governed by the same regulations as foreign bank branches. Legal Framework The legal framework surrounding foreign bank branches is a patchwork of central government, PBOC, and local regulations. Keywords: art; bank branches; bankers; banking; banking procedures; banking regulations; banks; branches; business; china; china banking; chinese; exchange; financial; foreign; foreign bank; joint; law; loan; office; pboc; people; procedures; provisions; regulations; representative; sez; shanghai; supra note
• Training China’s Early Modern Lawyers: Soochow University Law School by Conner, Alison W. (1994) - Most of the Law School's library books went to the newly established East China Institute of Politics and Law (HuadongZhengaXueq)an); law students and many teachers were also assigned there, while accounting students were sent to the Shanghai Institute of Finance and Economics (Shanghai CaizhengdingjiXuean). He thought that economics was the most important supplementary course for law students because the economy formed the basis for the legal system and the law had concrete 57. Keywords: american; archives; china; chinese; class; cls; cls graduates; comparative; education; government; graduates; interview; july; law school; lawyers; legal; municipal; note; nov; q245; schools; shanghai; soochow; soochow law; students; study; sun; supra; supra note; teachers; time; university; years
• Women’s Rights in the People’s Republic of China: Patriarchal Wine Poured from a Socialist Bottle by Chen, Leo K. (1994) - Women Wake Up to Legal Rights, China Daily, Jan. 4, 1993, at 4; E. Honig & G. Hershatter, Personal Voices: Chinese Women in the 1980's 140-41, 225-26 (1988). However, since the institution of the open-door policy and economic reforms, the sale of women and children has returned nationwide.128 Women are now kidnapped or sold by their families for instant cash and each year, tens of thousands of Chinese women and children are sold (some in open-air markets),2 9 raped, tortured, permanently crippled, forced into prostitution or left by their abductors with no choice but to commit suicide.30 One response to the problem has been to blame the victim. Keywords: art; china; chinese; convention; criminal; decision; economic; education; equality; family; female; girls; government; journal; labor; law; laws; marriage; marriage law; policy; prostitution; protection; protection law; regulations; rights; society; status; supra note; view; women; work
• China’s Treatment of Crimes against the Environment: Using Criminal Sanctions to Fight Environmental Degradation in the PRC by Chun-xi, Yang; Head, John W.; Sheng-Rong, Liu (1994) - L Rev. 509 (1992) (symposium on environmental criminal law). See also Capannelli & Shrestha, supra note 1, at 25 (noting the need for Asian Development Bank assistance in helping to establish the legal environment to formulate and enforce environmental standards and regulations); NEPA Struggles, supra note 22 (noting the government's plans to upgrade environmental laws and reporting remarks by the deputy director of NEPA's pollution treatment department that there are no clarified legal articles stipulating the kind of punishment for the law violators). Keywords: art; article; china; chinese; code; consequences; crimes; criminal; d. art; environmental; law; laws; liability; people; pollution; protection; protection law; provisions; republic; responsibility; sanctions; supra note; text
• Symposium on China and Constitutionalism: Introduction by Edwards, R. Randle; Henkin, Louis; Martin, J. Paul; Nathan, Andrew J. (1995) - Participants included both foreigners and Chinese, people from Hong Kong, Taiwan and mainland China, and dissident exiles and people from within the system. We hope that readers of the Journal will find it informative to know what topics relating to constitutional reform are being discussed within China, and beyond its borders, as China continues in its historic pursuit of strengthening and reform. Keywords: china; chinese; law; participants; rights; system
• Civil-Military Relations in China: An Obstacle to Constitutionalism? by Paltiel, Jeremy T. (1995) - Alternatively, perhaps the proper explanation is that the relationship of the soldier and state in China has evolved over time from one of symbiosis to control.65 Diverse observers, such as Eberhard Sandschneider, Gerald Segal,67 and Harry Harding, have all agreed that the Chinese military is unable to act as a cohesive group against civilian Party authorities. His orthodoxy consisted in his absolute insistence on the indispensability of Party leadership in all areas of life and particularly with respect to the armed forces, even when the armed forces and the Party were virtually synonymous. Keywords: army; ccp; china; chinese; cmc; communist; communist party; constitution; constitutionalism; control; forces; law; leadership; military; military relations; note; party; party leadership; people; pla; power; role; state; system
• Chinese Legal Reform: Achievements, Problems and Prospects by Ping, Jiang (1995) - Further, under such laws and regulations, each of these forms of enterprise carried unique rights, duties and liabilities. In the field of contract law, as with most other aspects of law touching on China's economy, the current system is largely the result of the contradictions inherent in China's reform from a centrally-planned economy to a market economy At present, there are three separate sets of contract law extant in China: the Economic Contract Law, the Foreign Economic Contract Law and the Technology Contract Law Keywords: china; enterprises; government; law; reform; state
• Financing the Chek Lap Kok New Airport: A Case Study in Amending the Sino-British Joint Declaration on the Question of Hong Kong by Bennett, Michael S. (1995) - The total cost for completing the airport, and a number of bridges, tunnels and railway lines needed to link the airport to Hong Kong Island, is estimated to be in excess of US$20 billion,2 making it one of the largest infrastructure projects currently under way in the world.3 The airport project has become a focus of controversy between Britain and China because it is not scheduled to be completed until 1997, the year that sovereignty over Hong Kong reverts to China. Financing the Chek Lap Kok New Airport: A Case Study in Amending the Sino-British Joint Declaration on the Question of Hong Kong Financing the Chek Lap Kok New Airport: A Case Study in Amending the Sino-British Joint Declaration on the Question of Hong Kong MICHAEL S. BENNErT I. INTRODUCTION Keywords: airport; airport project; british; china; chinese; declaration; hong; hong kong; kong; note; project; supra
• Sleeping Giant Awakens: The Development of Intellectual Property Law in China by Schlesinger, Michael N. (1995) - Local Software Developer Wins RMB 150,000 Award For Infringement, China L. & Prac., Apr. 11, 1994, at 19 (digesting China Golden Dawn Safety Technology Co.). In the wave of recent scholarship on intellectual property law in mainland China (China), several scholars have argued that there was no indigenous counterpart to Western notions of intellectual property in China.' Keywords: art; article; cases; china; chinese; convention; copyright; copyright law; court; d. art; infringement; international; law; laws; patent law; people; property; property law; protection; provisions; regulations; republic; rights; states; supra note; trademark law; trips; works
• The Legal Framework for Joint Development of China’s Onshore Oil Resources: Negotiation Strategies and Future Prospects by Wolf, Kevin M. (1995) - They also offer limited incentives to foreign contractors with respect to performance of the onshore contract, management of operations, and dispute resolution. However, to maintain Chinese control, the 1993 Regulations and the Model Contracts impose extensive performance requirements and managerial controls over foreign contractors. Keywords: art; article; china; chinese; cnpc; contractor; costs; d. art; development; exploration; field; file; foreign; law; lexis; library; model contract; oil; onshore; operations; period; petroleum contract; production; regulations; resources; share; supra note; technology
• The Chinese Concept of the Individual and the Reception of Foreign Law by Ma, Herbert H. P. (1995) - V THE TRADITIONAL CHINESE CONCEPT OF THE INDIVIDUAL AND ITS IMPACT ON THE RECEPTION OF FOREIGN LAW Finally, I shall attempt to deal with the influence of the traditional Chinese concept of the individual on the reception of modem foreign law I shall do it in three parts: first, the early law reform efforts; second, the modernization of Chinese law based on foreign models; and third, the difficulties in implementing modem Westernized Chinese law. An introduction to the modernization of Chinese law, no matter how brief, would not be complete without mentioning China's efforts at constitution making. Keywords: china; chinese; code; concept; individual; law; rights
• Power and Politics in the Chinese Court System: The Enforcement of Civil Judgments by Clarke, Donald C. (1996) - Although the 1991 Law on Civil Procedure makes no reference to the execution by courts of arbitration mediations, it does provide for the execution of arbitration decisions, and the recent Arbitration Law (effective on September 1, 1995) provides that arbitration mediations (riaojie shu) have the same legal effect as arbitration decisions certification of executability, and secured court execution of the certification. The issue of whether court judgments can be enforced is important for a number of reasons, among which is its bearing on the relationship between the legal system and the economic system. Keywords: academic; adjudication; administrative; anjian; article; bank; bao; beijing; cases; chamber; china; chinese; columbia; committee; court; court execution; court interview; court judgment; court system; debtor; defendant; economic; enterprise; example; execution; execution chamber; execution work; fayuan zhixing; fazhi; funds; general; gongzuo; government; guanyu; hereinafter; ilpc; intermediate; journal; judgment; law; legal; level people; measures; mediation; minshi; news; notice; number; party; people; percent; politics; power; problem; procedure; procedure law; property; renmin; renmin fayuan; reply; rules; shi; sifa; spc; state; supra note; supreme people; time; work; zhixing; zuigao; zuigao renmin
• Aspiring to Excel – The Uneasy Case of Implementing Taiwan’s Asia-Pacific Regional Operations Center Plan by Liu, Lawrence S. (1996) - After the Nationalist government went to Taiwan in the late 1940's, it imposed an embargo against trade and sea links across the Taiwan Straits. In addition, regional economic integration is the backbone of the APROC Plan, which calls for closer economic ties with mainland China as long as these ties will not sacrifice the security and dignity of Taiwan Chinese. Keywords: amendment; aproc; aproc plan; asia; bills; business; center; center program; china; companies; development; dgt; economic; enactment; government; industrial; investment; law; market; operations; operations center; pacific; plan; policy; program; regional; statute; taiwan; telecommunications; trade; transportation
• Drafting the Uniform Contract Law in China by Jiang, Ping (1996) - The General Principles of Civil Law promulgates the basic principles in contract law, while the Economic Contract Law. To participate in free trade, China must promulgate contract laws that are consistent with the standards of the international community. Keywords: china; contract law; contracts; laws; parties; provisions; right; uniform
• Limited Liability in China: A Partial Reading of China’s Company Law of 1994 by Peng, Chuan Roger (1996) - 18 (Article 18 provides: This law shall apply to limited liability companies with foreign investment. Company Law, article 23 provides, in part: The registered capital of limited liability companies may not be less than the following minima: (1) for companies involved mainly in production and business operations, 500,000 yuan; (2) for companies involved mainly in wholesale of merchandise, 500,000 yuan; (3) for companies involved mainly in commercial retailing, 300,000 yuan; (4) for scientific and technological development, consultancy and service companies, 100,000 yuan. Keywords: art; china; chinese; companies; company; company law; enterprises; law; liability; limited; regulations; state; supra note
• The Shanghai Exchange Scandal and Chinese Bonds Law by Xia, Timothy Tingkang (1996) - For a more detailed account of historical development of Chinese securities market, see Qian, supra note 5, at 64. 19. Chinese securities markets were on and off during this period. Keywords: art; bonds; china; chinese; exchange; government; law; market; note; people; scandal; securities; securities markets; shanghai; sisco; supra; supra note; trading; yuan
• Police Powers and Control in the People’s Republic of China: The History of Shoushen by Wong, Kam C. (1996) - The State Council Circular is also significant in that it provides, for the firstitime, a clearly articulated operational definition of shoushen power, defining when shoushen is to be used and to whom shoushen applies. D. 1985 Ministry of Public Security Circular Having become disturbed by the indiscriminate and abusive use of shoushen in carrying out the then on-going anti-crime campaign, the Ministry of Public Security released a report in 1985.52 The Ministry 49. Keywords: article; cases; china; circular; cities; control; crimes; criminal; detention; guanyu; law; laws; ministry; note; people; police; powers; prc; procedure; procedure law; public; security; security circular; shoushen; supra
• Evaluation of the Sino-American Intellectual Property Agreements: A Judicial Approach to Solving the Local Protectionism Problem by Li, Yiqiang (1996) - IP tribunals of Beijing Intermediate Court and Shanghai Intermediate Court have a good reputation for protecting IPR, and judges in these courts usually have better training and experience in handling intellectual property infringement cases. Finally, China's entry to the WTO would benefit the United States because the WTO's dispute-resolution tribunal would become available for intellectual property cases. Keywords: administrative; agreement; art; cases; china; chinese; copyright; court; criminal; enforcement; government; infringement; infringer; law; national; note; officials; owner; patent; people; plan; procedure; property; protection; supra; supra note; supreme; trademark
• China’s Company Law: One Step Forward, Two Steps Back–A Modest Complaint by Howson, Nicholas C. (1997) - 19, 20, which contemplate a founding meeting forty days after payment for company shares is received in full, and formal registration and establishment of the company thirty days after that. Article 132 of the Company Law while allowing for other formslSs - seemingly contradicts another command of the Law requiring that company shares take the form of share certificates (gupiao xingshi) 56 and further stipulates the items that must be included on share certificates, that such certificates must be signed by the chairman of the board of directors and affixed with the company seal, and that promoters' shares must be so labeled. Keywords: art; article; capital; china; chinese; companies; company law; foreign; issuance; liability; listing; opinion; prc; provisions; public; regulations; rules; shareholders; shares; standard; state; stock; supra note
• Dispute Resolution in China after Deng Xiaoping: Mao and Mediation Revisited by Lubman, Stanley B. (1997) - THE CHINESE JUDICIAL SYSTEM For the first thirty years of the People's Republic, Chinese courts existed essentially in form but not in substance; they all but disappeared during the Cultural Revolution. 1997] COLUMBIA JOURNAL OF ASIAN LAW issues of fundamental importance have emerged over the sources of the rules of law that Chinese courts apply in the cases that come before them. Keywords: adjudication; agencies; asian; authority; cases; central; china; china law; chinese; columbia; contract; control; courts; decisions; deng; dispute; dispute resolution; economic; enterprises; general; government; institutions; issues; journal; judges; judges law; judicial; justice; law; laws; lawyers; legal; legislation; level; liu; mao; mediation; mediation committees; mediators; national; new; number; officials; parties; party; people; policies; policy; power; practice; problems; procedure; procedure law; process; property; reform; regulations; relationships; renmin; resolution; rights; role; rules; social; society; state; supra note; supreme people; system; time; use; values; work; xiaoping; years
• Socialist Legal Theory in Deng Xiaoping’s China by Lo, Carlos Wing-Hung (1997) - The tradition of socialist law, therefore, remains important, and we must be careful not to negate Chinese socialist law in the name of Western legal theory, as warned by Lubman in reviewing the study of Chinese law in the United States: [b]oth extreme cultural relativism and insistence on intellectual categories derived from Western legal systems have threatened to skew study (of Chinese legal system), with the latter trend more evident in recent years.' This article argues that legal reform in China has to be seen within the context of a specific tradition of socialist law, developed originally in the Soviet Union. Keywords: china; chinese; class; deng; economy; faxue; law; mao; nature; order; party; reform; rule; society; soviet; state; studies; system; theory
• Autonomy, Qualification and Professionalism of the PRC Bar by Luo, Qizhi (1998) - By 1989, there were approximately 33,000 lawyers in the country; 3 by 1994, 83,619 lawyers and 6,149 law firms; 4 and 170,000 lawyers and more than 8,000 law firms by the end of 1997.5 Many lawyers and law firms have become economically independent from the state, which has allowed private lawyers to be more assertive of the interests of their clients than state lawyers. [RESEARCH ON CHINESE LAWYERS' SYSTEM] 125 (Mao Pengnian & Li Bida eds., 1992). Keywords: administrative; associations; authorities; autonomy; bar; china; clients; community; control; court; government; interests; justice; law firms; lawyers; lushi; moj; note; prc; professionalism; public; relationships; role; society; state; supra; system; work
• Enforcing Voluntary Compliance: The Need to Strengthen Hong Kong’s Merger and Acquisition Regulations by McMurtray, Nathan N. (1998) - See HONG KONG STANDARD, supra note 6 (noting that in 1998 most merger and acquisition transactions in Hong Kong have been Hong Kong firms buying PRC companies). REV., Jun. 13, 1996, at 67 (quoting Miron Mushat, managing director and chief economist forLehman Brothers, characterizing discounted acquisitions of Hong Kong firms by PRC companies as a form of nationalization). Keywords: acquirers; acquisitions; china; chinese; code; companies; firms; hong; hong kong; kong; law; market; mergers; note; prc; shareholders; supra; supra note; takeovers
• The Administrative Use of Law in China: The Baori Golf Club Tax Case by Jiang, Zhaodong (1998) - In rejecting the request, the Japanese management of the .V challenged the application of Chinese tax law to overseas club membership recruiting activities and fee collections taking place outside China.4' It further argued that the V should have no tax liability as it had no claim to the overseas membership fees which belonged to the Japanese investor.' L. J. 517 (1996) (noting few environmental statutory [12:2 THE ADMINISTRATIVE USE OF L41V IN CHINA far as tax law is concerned, while the court is given a role in settling disputes between the authorities and taxpayers,2 few tax cases have ended up in the courtroom.' Keywords: action; administrative; art; baori; baori tax; bureau; business tax; businesses; case; china; chinese; club; court; decision; fees; golf; government; income tax; investment; investor; japanese; kangshui; law; local; membership; people; regulations; republic; rules; sgat; shenzhen; state; superiors; supra note; tax; tax authorities; tax case; tax collection; tax evasion; tax law; tax officials; taxation; taxation bureau; taxes; taxpayer; use
• Administrative Procedure Reforms in China’s Rule of Law Context by Wang, Xixin (1998) - First, compared to other branches of the Chinese legal system, administrative law had long been forgotten by both government officials and legal scholars. As a practical matter, even in the 1980, almost ten years after the economic and legal reforms, administrative law still had been viewed as a forgotten corner throughout the entire legal system.' Keywords: administrative; china; chinese; decision; government; law; making; procedure; process; reforms; rule; social; society; state; system
• Fundamental Principles of China’s Contract Law by Liming, Wang; Chuanxi, Xu (1999) - The lack of such basic rules in China's previous contract law is seriously troublesome if one takes into account the many recent developments in contract law in other legal systems. Since World War II, contract laws in many advanced countries have had tremendous developments as their market economy has experienced further growth. Keywords: article; china; contract formation; contract law; contracts; faith; freedom; laws; note; parties; party; performance; principle; supra; transactions
• A Vulnerable Justice: Finality of Civil Judgments in China by Liu, Nanping (1999) - A Chinese court can still conduct a so-called substantive review of the domestic arbitral award by examining and verifying the following two factors: (1) whether the main evidence for ascertaining the facts is insufficient; and (2) whether there is definite error in the application of the law.72 As a matter of fact, however, in practice, Chinese courts show a great respect for arbitration awards.73 The court normally does not challenge the finality of a domestic arbitration award but instead, enforces the award if a party applies for enforcement. 71. This is particularly true with respect to CIETAC awards, even though Chinese courts may still, in theory, have a chance to have a final say in some situations. Keywords: art; case; china; chinese; court; court decision; decision; finality; foreign; instance; issue; judgement; jurisdiction; law; note; party; people; prc; procedure law; procuratorate; supervision; supra; supra note; supreme people; system; trademark; trial
• The Internet in China by Choy, Pinky D.W.; Cullen, Richard (1999) - Virtually all countries have sought to find ways to restrict the flow of this sort of Internet information. As Yurcik and Tan have noted: [A] national Chinese Intranet with little or no access to the Internet provides one model for Chinese authorities who want to control Internet information. Keywords: article; china; chinese; control; development; government; industry; information; international; internet; journal; law; mpt; network; note; provisions; security; singapore; state; supra; telecommunications; users
• Employee’s Property Rights in China’s State-Owned Enterprise Reorganization by Rong, Tao (1999) - A survey found that 70 percent of state enterprise workers felt that social benefits were as important as their cash incomes. Table 1: The Workforce Structure in Chinese State-Owned Enterprises Pre-1986 1986-1996 Post-1996 Permanent Permanent Contract workers workers or workers without contract workers duration Workers Contract workers Contract within the Contract with contract workers with or state labor workers duration of 5 to contract workers wage plan 10 years without duration Contract Contract workers Contractworkers with workers with duration durkti duration Workers not Temporary Temporary Temporary in the state workers, workers, workers, labor wage Peasantlanr wes Peasant workers Peasant workersplan 1workers II The first category of workers is the permanent worker with a lifetime employment contract. Keywords: benefits; china; chinese; contract; employees; employment; enterprise; government; income; labor; law; market; note; people; property; reform; rights; security; services; soes; state; supra; system; wage; workers
• Judicial Independence in Japan: A Re-Investigation for China by Lin, Laifan (1999) - Such a two-step process is not only the inevitable result of historical development, but also typically reflects the concrete connotations of judicial independence faced by non-western countries, especially Asian countries that bear the legal tradition of integrating judicial power and administrative power. Judicial Independence in Japan: A Re-Investigation for China JUDICIAL INDEPENDENCE IN JAPAN: A RE-INVESTIGATION FOR CHINA LAIFAN LIN* I. INTRODUCTION In their discussions concerning judicial independence, many jurists have formulated far-reaching and complex versions of legal culture. Keywords: china; court; independence; japan; judges; law; people; power; supervision; system
• The Burgeoning Securities Investment Fund Industry in China: Its Development and Regulation by Tao, Tingting (1999) - THE EMERGENCE OF INVESTMENT FUNDS ........................................... 206 A. Background: Investment Funds and China's Securities Market.206 B. Historical Development Before the Provisional Measures ......... COLUMBIA JOURNAL OF ASIAN LAW This article explores the regulatory framework under the Provisional Measures and implementing rules, and examines their impact on the development of securities investment funds in China. Keywords: art; china; csrc; d. art; development; end; fund managers; funds; investment funds; investors; law; managers; market; measures; new; note; regulation; securities; securities investment; securities market; shares; state; supra; supra note
• Launching the Phnom Penh Stock Exchange: Toward a Legal Framework for Launching a Stock Exchange in an Underdeveloped Country by Gottlieb, Jason (2000) - Before we analyze the risks in Cambodia in particular, a brief analysis of stock markets in some other developing countries is in order. All stock exchanges in developing markets will have their fair share of problems, often quite serious - Thailand's market provided the site of the first domino in the 1997 Asian financial crisis. Keywords: cambodia; capital; china; countries; country; development; economy; government; information; investors; lack; law; market; note; penh; penh stock; phnom; political; problems; securities; stock; stock exchange; stock market; supra; thailand; world
• Chinese Bankruptcy Law in an Emerging Market Economy: The Shenzhen Experience by Booth, Charles D.; Zhang, Xianchu (2001) - CIVIL PROCEDRE LAW, Ch. 19, arts. 199-206. 2001] COLUMBIA JOURNAL OF ASIAN LA W continues to be inadequate to resolve many of the issues that arise in Shenzhen bankruptcies. In contrast, Shenzhen bankruptcy practice is subject to much less administrative control. Keywords: assets; bankruptcy cases; bankruptcy court; bankruptcy law; bankruptcy regulations; china; chinese; committee; company; creditors; government; hong; insolvency; judges; kong; lawyers; liquidation; national; people; shenzhen bankruptcy; shenzhen court; soe; state
• Is Tibet China’s Colony: The Claim of Demographic Catastrophe by Sautman, Barry (2001) - The Dalai Lama's bureaucracy administered political Tibet, while various Tibetan, Han, and Hui rulers controlled cultural Tibet in the period before 1950, albeit through formations not sufficiently centralized for some scholars to be convinced that a state in the accepted sense existed.164 These rulers had no legal authority to govern their areas as anything other than parts of China, any more than did last emperor Pu Yi and his Manchukuo minions have authority to administer Manchuria in 1931-1945 as anything other than a part of China, no matter how much de facto independence from China existed. Less than one- half of one percent of Tibetans lived outside the TAR or these provinces.1 7 The non-TAR Tibetan areas are regarded as ethnographic (cultural) Tibet, as opposed to political Tibet, because they have not been ruled from Lhasa for one to two centuries. Keywords: areas; asian; autonomous; birth; children; china; chinese; claim; colonialism; colony; columbia; comment; dalai; deaths; decline; estimates; family; famine; half; han; india; international; journal; lama; land; law; lhasa; migrants; migration; non; number; people; planning; policy; population; prc; qinghai; rate; sichuan; state; supra note; tar; tibet; tibet autonomous; tibet china; tibetans; times; transfer; urban; world; years
• The Risk of Mixed Laws: The Example of Indirect Agency under Chinese Contract Law by Ling, Bing; Wolff, Lutz-Christian (2002) - L. 715 (1986); CCH Australia Ltd. (publisher), China Law for Foreign Business (looseleaf from 1985), 19-150. Promulgated on 15 March 1999, in force since I October 1999, English translation provided e.g. CCH supra note 18, 5-650;ee generally BING LING, CONTRACT LAW OF CHINA (2001); Wang Limin Xu Chuanxi, Fundamental Principles of China's Contract Lav, 13 Colum. J. Asian L. I (1999); WANG SHENGMING ET AL., AN INSIDER'S GUIDE TO THE PRC, CONTRACT LAW (1999); Hugh T. Scogin & Brett D. Braude, New Contract Basics, THE CHINA BUS. REV., Jan.-Feb. 1999, at 36; Nan Wang, The New PRC Contract Law, CHINA LAW & PRACTICE, Oct. 1998, at 42- 46; Lam Ling Wo, China Unveils Unified Contract Law, INT'L FIN. Keywords: agency; agent; article; china; chinese; contract law; foreign; mandatary; note; party; principal; rights; supra; supra note; trade
• Rule of Law or Rule of Protectionism: Anti-Dumping Practices toward China and the WTO Dispute Settlement System by Yu, Lei (2002) - In this note, I will focus on one major category of WTO disputes, anti-dumping cases. Robert Hudec has noticed the high percentage of legal failures in anti-dumping cases, the low rate of settlement and the sharp increase of cases. Keywords: ad agreement; agreement; anti; article; authorities; case; china; chinese; country; dumping; factors; gatt; imports; industry; injury; law; laws; market; measures; note; panel; price; rule; supra; trade; u.s; wto
• An Update on China’s Rural Land Tenure Reforms: Analysis and Recommendations Based on a Seventeen-Province Survey by Schwarzwalder, Brian; Riedinger, Jeffrey; Prosterman, Roy; Jianping, Ye (2003) - Land Readjustments Following Implementation of Thirty-Year Land Use Rights The survey results indicate that seventeen.9% of the villages that have at least begun the process of implementing thirty-year rights have subsequently conducted a land readjustment following implementation (again, note that this does not refer to land readjustments carried out as part of the implementation process itself). Yes 44.9% No 55.1% n=1511 [16:1 CHINA 'S RURAL LAND TENURE REFORMS Table 8: Contract Provisions Concerning Land Readjustments Type of Provision % of Issued Contracts % of Issued Certificates Containing Containing Provision Allowing Land 38.9% 45.4% Readjustments During 30-Year Term Provision Requiring Land 6.6% 5.6% Readjustments During 30-Year term Provision Prohibiting 8.8% 7.0% Land Readjustments During 30-Year Term n=645 n=629 The impact of these provisions on farmers' confidence is discussed in detail in Section IV, below. Keywords: china; confidence; farmers; households; implementation; land contracting; land readjustments; land rights; land tenure; land use; law; provinces; rural; survey; table; use rights; use term; village land; villages; year land; year rights; year term
• Venture Capital in China: Developing a Regulatory Framework by Vaughn, Christopher M. (2003) - The Players and Their Current Form Although China operates without formal venture capital legislation, China's promising markets in medical services, software, wireless applications, and biotechnology have attracted a number of venture capitalists.7 ' As of 1998 there were an estimated 3,112 venture capital funds managing roughly US$3.62 billion in China.72 The majority of China's 300 registered venture capital institutions are organized as venture capital investment companies, of which 83% are limited liability are expected to increase dramatically. Sixty-one percent of all capital investment institutions are venture capital investment companies. Keywords: asian; bank; banking; capital investment; capitalists; china; chinese; companies; company; development; enterprises; foreign; government; investment; journal; law; market; new; note; regulations; securities; shares; state; supra; supra note; venture capital
• China and the WTO: Progress, Perils, and Prospects by Economy, Elizabeth C.; Chang, Gordon G.; Cohen, Jerome A.; Yu, Peter K. (2003) - As Gordon mentioned, they have already been confronting frequent large-scale protests throughout rural China and, in particular, in the urban northeast. China watchers today are involved in this very lively debate about whether the central government has been doctoring its numbers. Keywords: accession; banks; china; chinese; commitments; economy; government; law; laws; new; problems; reform; regulations; review; rights; state; system; trade; wto; years
• Sporadic Law Enforcement Campaigns as a Means of Social Control: A Case Study from a Rural-Urban Migrant Enclave in Beijing by He, Xin Frank (2003) - That is one of the reasons why Zhejiang migrants chose to settle down there. In the second stage, from 1985 to 1989, a much larger number of Zhejiang migrants drifted into Nanyuan township, into the area that quickly became known as Zhejiang Village. Keywords: beijing; business; campaigns; china; city; collusion; enforcement; government; law; level; locals; management; migrants; municipal; note; regulation; state; supra; village; zhejiang; zhejiang village
• Falun Gong and Re-Education through Labor: Traditional Rehabilitation for the Misdirected to Protect Societal Stability within China’s Evolving Criminal Justice System by Bejesky, Robert (2004) - While Chinese officials have maintained that RETL is a necessary and effective device for sustaining societal harmony,' mounting pressure prompted Beijing leaders in February 2003 to endorse new prohibitions on RETL administrators to improve the image of these centers.2 For the past four years, Falun Gong members have been the target of aggressive Chinese government crackdown and caught the attention of human rights group worldwide. The Chinese government has taken Falun Gong's mobilization and expansion efforts very seriously.7 Human rights groups have been critical of China's use of RETL and its treatment of Falun Gong members. Keywords: art; asiapc; china; chinese; criminal; education; falun; falun gong; gong members; government; group; hereinafter; hongzhi; individual; institutions; international; justice; labor; law; lexis; library; members; people; process; public; retl; rights; society; state; supra note; system
• The Path to Clarity: Development of Property Rights in China by Huang, Frank Xianfeng (2004) - The Path to Clarity: Development of Property Rights in China THE PATH TO CLARITY: DEVELOPMENT OF PROPERTY RIGHTS IN CHINA FRANK XIANFENG HUANG* I. THE MOOT PUZZLE -------------------------- 194 A. THEORETICAL RESPONSES -------------------------- 195 B. SPONTANEOUS PROPERTY INSTITUTIONS -------------- 197 C. FORMAL PROPERTY DISCOURSE --------------------- 197 D. TRIAL AND ERROR APPROACH --------------------- 198 E. STRIVING FOR CLARITY: SYSTEMIZATION OF FORMAL AND INFORMAL PROPERTY INSTITUTIONS ------------------ 199 II. 222 The clear demarcation of property rights is no longer purely an issue of academic interest in China. Keywords: art; china; chinese; collective; development; interests; lands; law; liang; management; management rights; note; ownership; property; property rights; rights; state; supra; supra note; system; wang
• Controlling for Risk: An Analysis of China’s System of Foreign Exchange and Exchange Rate Management by Hall, Thomas (2004) - To expedite the monitoring of current account foreign exchange accounts, SAFE has recently instituted an electronic account system, whereby all current account transactions are reported daily to SAFE. ,1 More recently, China has eliminated rules stipulating differential treatment for FIEs and domestic enterprises regarding opening foreign exchange accounts and settling foreign exchange earnings. ' Keywords: account; account transactions; art; bank; capital; capital account; central; china; chinese; currency; current; exchange; exchange rate; exchange system; financial; foreign; forex; government; market; note; regime; regulations; rmb; safe; supra; swap; system; trade; transactions
• Drafting Bankruptcy Laws in Socialist Market Economies: Recent Developments in China and Vietnam by Booth, Charles (2004) - See also VIETNAMESE BANKRUPTCY LAW RESEARCH REPORT, supra note 4, at Part One, III (Actual status of enterprise bankruptcy law in Vietnam). ' It has VIETNAMESE BANKRUPTCY LAW RESEARCH REPORT, supra note 4, at Part One, III (Actual status of enterprise bankruptcy law in Vietnam). Keywords: article; bankruptcy law; china; chinese; committee; company law; court; creditors; debtor; draft; draft bankruptcy; draft law; enterprise bankruptcy; enterprises; insolvency law; law art; law research; laws; new; note; october; people; prc; procedure law; soes; vietnamese
• Arbitrating Harmony: Med-Arb and the Confluence of Culture and Rule of Law in the Resolution of International Commercial Disputes in China by de Vera, Carlos (2004) - 6 ° Thus, the history of Chinese dispute resolution and law is the story of 1i andfa.6 1 Up until the 20th century when Western ideas of law 52 Lauchli, supra note 1, at 1058. Chinese arbitration ------------------------------- 175 B.A. (Yale, 1997), M.A. (University of Toronto, 1999), LL.B., B.C.L. (McGill, 2004). Keywords: agreement; arbitration; arbitration law; china; chinese; cietac; conciliation; dispute; dispute resolution; hong; international; kong; law; mediation; note; parties; party; process; resolution; rules; settlement; supra; supra note
• The Development of Constitutionalism in the Transition of Chinese Society by Cai, Dingjian (2005) - Sharp and violent conflicts sometimes break out between peasants and local government representatives. Both the exploiters and local government representatives snatch huge profits. Keywords: case; china; chinese; citizens; committee; constitutionalism; court; development; elections; feb; government; law; media; officials; people; protection; public; representatives; review; rights; society; standing; state; system
• Justiciability of Economic, Social, and Cultural Rights: The UN Committee on Economic, Social and Cultural Rights’ Review of China’s First Periodic Report on the Implementation of the International Covenant on Economic, Social and Cultural Rights by Choukroune, Leila (2005) - The Chinese report relies on nationally aggregated data and focuses on urban areas (fewer than 40% of the population).37 Divided into three parts (China, Hong Kong Special Administrative Region, and Macao Special Administrative Region), the report aims at presenting the general situation of rights implementation, with an emphasis on achievements in the legislative and judicial fields including areas of difficulty and problems that exist. The Committee is composed of eighteen independent experts of high moral character and recognized competence in the field of human rights, who serve in their personal capacities and not on behalf of their home nations.21 Keywords: art; china; committee; covenant; general; icescr; implementation; international; law; obligations; report; rights; state; u.n
• How Do We Know When an Enterprise Exists? Unanswerable Questions and Legal Polycentricity in China by Clarke, Donald C. (2005) - [19:l ENTERPRISES IN CHINA As a result, Chinese enterprise law is only a part of what there is to say about Chinese enterprise organization and the practical rights of various claimants to enterprise assets: investors, creditors, managers, workers, customers, tort victims, and others. [A] corporation ... exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence.' Where the law has not made provisions about other forms of companies, this by no means implies that they cannot be established, exploration may be carried out in the course of practice .... 2 I. INTRODUCTION One of the most perplexing aspects of Chinese enterprise law 3 concerns the conditions under which state institutions will acknowledge and give effect to the existence of a business organization distinct from the natural or legal persons that participate in its operations. Keywords: business; china; companies; company; company law; enterprises; existence; government; law; liability; limited; organization; rules; state
• Dicey, Lubman, and Bagehot: Chinese Law in the Common Law Mind by Dowdle, Michael W. (2005) - In the same lecture in which he discussed the difficulty of incorporating legal history into the study of common law, Maitland also noted how similar difficulties attended to comparative study as well: History involves comparison and the English lawyer who knew nothing and cared nothing for any system but his own hardly came in sight of the ideal of legal history. 80 See BAKER, supra note 28, at 159-62 (describing practitioners' driving role in the development of common law legal education); Maitland, supra note 36, at 133 (noting that English legal education was traditionally and distinctly scholastic rather than academic). Keywords: american; bagehot; china; chinese; comparative; constitutional; dicey; english; law; law mind; mind; note; practice; studies; supra; system
• Judicial Reform in China: Lessons from Shanghai by Gechlik, Mei Ying (2005) - 129 Overall, Shanghai judges are still susceptible to local governments' and Party organizations' control, although the problem in Shanghai may not be as serious as it is in other places. Only about 4000 judges (2% of all judges) have master's or doctoral degrees.135 Shanghai judges are more qualified than average: approximately 87% of all judges in Shanghai have attained at least a bachelor's degree, although not necessarily in law. Keywords: administrative; agencies; apr; cases; ccp; china; china law; chinese; city; court; daily; government; high; interference; interview; judges; law; mar; officials; p.r.c; party; people; reform; shanghai; shanghai high; shanghai judges; supra note; system; training
• China’s Legal Profession: The Nascence and Growing Pains of a Professionalized Legal Class by He, Weifang (2005) - Moreover, the goals of Chinese legal education, the course design, and the Chinese pedagogic method are similar to those of Continental law. With more and more American legal rules and doctrines penetrating the Chinese legal system, Chinese legal education has moved closer to the Anglo-American style. Keywords: china; chinese; class; development; education; history; law; nascence; profession; rule; students; system
• Exporting Judicial Review from the United States to China by Lee, Tahirih V. (2005) - The Court of Final Appeal introduced the finality of judicial review to Hong Kong courts, while the powers of invalidation and defining the scope of judicial review were exercised by Hong Kong colonial courts under British sovereignty. In Ng Ka Ling, for the first time, the Court of Final Appeal of the Hong Kong SAR ruled on which issues Hong Kong courts could consider see also Prepared Testimony ofJerome A. Cohen: Keywords: administrative; american; case; china; chinese; committee; constitution; court; government; hong kong; interpretation; judicial; kong courts; law; npc; people; power; prc; review; standing; states; supreme; united
• Law and Development of Constitutional Democracy in China: Problem or Paradigm by Peerenboom, Randall (2005) - More generally, the Constitution has provided the basis for a rule of law government in which state actors must act in accordance with law (fVMN M, yifa zhiguo) and be held accountable for their decisions. The government signaled its commitment to a law-based order by amending the Constitution to expressly provide for a socialist rule of law state ( ± I rA $d M *iJ [ , shehuizhuyi fazhi guojia). Keywords: administrative; asian; cases; china; columbia; constitution; countries; courts; democracy; development; east; economic; government; growth; human; index; institutions; issues; journal; law; national; note; order; people; public; reforms; rights; rule; social; state; supra; supra note; system; wealth; world
• Land Disputes, Rights Assertion, and Social Unrest in China: A Case from Sichuan by Pils, Eva (2005) - The resulting duality of ownership regimes, although superficially seeming to give the rural population something better than their urban counterparts, was actually an important precondition for discrimination regarding land rights, even if such discrimination was benevolent in intention. To reiterate, a transfer of land rights away from the collective owner (for example, the village) and members of the collective who might have individual use rights in the land to other citizens or entities- for instance, in the context of urban development-could occur only through a series of state decisions: the rules for the requisitioning of collectively owned land. Keywords: administrative; article; case; china; city; collective; committee; compensation; construction; court; government; land; land administration; land disputes; land rights; land use; law; legal; liu; note; ownership; peasants; people; property; public; requisitioning; rights; state; supra; use; village; zhengyou; zigong
• Case Precedent in Qing China: Rethinking Traditional Case Law by Wang, Zhiqiang (2005) - The three tables that follow index collections of case precedents from throughout the Qing dynasty. L.J.], No. 4, 2002, at 79 n.1. COLUMBIA JOURNAL OF ASIAN LAW [19:1 China had a long history of implementing case law and, accordingly, they have proposed a revival of that tradition in modem society.2 Others have denied the universal existence of such a system in Chinese history,3 and still others have warned against possible misunderstandings arising from garbled usage of Western terminology without further exploration and detailed comparison.4 By most conservative standards, the practice of considering earlier cases in making judicial decisions dates back to the 3rd century B.C., when the first imperial dynasty, the Qin (221 B.C. - 206 B.C.), established that the source of its law was the tingxingshi (i , practice of the tingwei, 31F, or Chamberlains of Justice). Keywords: case; case law; case precedents; china; chinese; collection; dynasty; law; library; note; penal; precedents; qing; supra; system; volume; xahl
• Law, Development, and the Rights of Chinese Women: A Snapshot from the Field by Woo, Margaret Y. K. (2005) - This seemed to support some modernization theories that predict greater education is needed for the assertion of legal rights. 8 Law and the enforcement of legal rights arguably came last in this trilogy. Keywords: cases; china; chinese; civil; development; female; law; litigants; market; rights; state; women
• Governance of China’s Periphery: Balancing Local Autonomy and National Unity by Potter, Pitman B. (2005) - Nonetheless, interviews-including those conducted by the author-reveal that officials at operational levels in the bureaucracy are trying to ensure fairness and justice for local minorities. Article 122 depicts the central government as providing financial, material, and technical assistance to autonomous areas and assisting with training local minority cadres. Keywords: areas; autonomy; capacity; central; china; development; governance; government; han; issues; law; mal; minority; nationalities; nationality; note; party; periphery; policies; policy; state; supra; supra note; xinjiang
• China’s Employment Discrimination Laws during Economic Transition by Brown, Ronald C. (2006) - Instead, they rely upon the general anti- discrimination provisions of the Labor Law and other labor laws, as discussed above.267 c. Enforcement 1. [DISCUSSIONS ON THE NEW TYPES OF LABOR LAW CASES] 123-24 ( K z,,, KrN.ff Keywords: administrative; applicants; arbitration; art; article; arts; cases; china; chinese; court; d. art; daily; disability; discrimination; disputes; employers; employment discrimination; example; feb; gender; government; health; hereinafter; international; job; labor arbitration; labor disputes; labor law; labor market; labor rights; laws; national; p.r.c; people; protection; provisions; race; regulations; rights; rights law; state; status; supra note; u.s; women; workers
• Case against China Establishing International Liability for China’s Response to the 2002-2003 SARS Epidemic by Reader, Joshua D. (2006) - Publicists have noted that globalization is creating a heightened need for new global health governance structures to promote coordinated intergovernmental action.' 7 With the continually increasing need of international health law, both the body and content of international health law grow, encompassing both customary international law and treaty- based international law, 18 and directly and indirectly utilizing diverse legal concepts from international human rights law to environmental law.19 However, although the breadth of international health law may be growing, many of its basic tenets remain either impractically narrow or unfortunately ill-defined. To that end, this note advocates the establishment of a liability regime in international health law, embodied in a tribunal empowered to adjudicate claims under international health law on an ex post facto basis. Keywords: china; chinese; community; control; disease; duty; fidler; government; health; health governance; health law; ihr; interests; law; liability; member; nations; outbreak; regime; report; reporting; sars; sars epidemic; sovereignty; spread; state; supra note; world; world health
• Transboundary Water Pollution in China – An Analysis of the Failure of the Legal Framework to Protect Downstream Jurisdictions by Tyler, Zachary (2006) - Yet, these cases represent but a small percentage of incidences of transboundary water pollution, and it is important to remember that few complaints culminate in any action being taken, either through mediation and conciliation, or in the courts.240 However, due to the relative success of private party suits compared to the overall failure of the government's regulatory regime, private litigation could become a strong vehicle for dealing with transboundary water pollution problems. China's response to the growing problems of transboundary water pollution reflects the problems and challenges that its nascent environmental legal regime faces, and the attempts to resolve transboundary water pollution disputes have largely been played out as but one part of China's greater endeavors to adapt its administrative structure and legal regime to the rapid transformation that the country is undergoing. Keywords: art; china; control; economy; enforcement; environmental; government; huai; law; national; ongley; people; problems; provinces; river; sepa; supra note; system; transboundary; wang; water; water law; water pollution; watershed
• Looking for Law in China by Lubman, Stanley (2006) - Chinese law relating to foreign investment is likely, for the foreseeable future, to continue to exhibit what I describe as rolling uncertainty. 2006] COLUMBIA JOURNAL OF ASIAN LA W D. Foreign Trade Before Reform When the Chinese leadership made its unprecedented decision to open China to FDI, many in the West wondered whether the PRC would be able to erect a credible legal framework that would encourage foreign investors to believe that their investments would be adequately protected under Chinese law. Keywords: approval; asian; authorities; beijing; business; china; chinese; columbia; companies; contract; council; courts; dec; enterprises; fdi; foreign; foreigners; government; guanxi; institutions; investment; investors; joint; journal; law; laws; legislation; level; national; officials; people; policies; policy; practice; problems; projects; reform; regulations; rules; state; system; time; trade; uncertainty; venture; wto; years
• Bargaining for Compensation in the Shadow of Regulatory Giving: The Case of Stock Trading Rights Reform in China by Chen, Jian-Lin; Wang, Wallace Wen-Yeu (2006) - Trading Rights and Non-Tradable Shares While we agree that the two types of shares are not equal, we do not think that non-tradable shares either lose their trading rights or did not have them in the first place. There is a common feeling of injustice with regard to non-tradable shares trading without any payment of compensation to tradable shareholders.10 9 Keywords: china; chinese; compensation; doctrine; givings; government; law; market; non; property; public; reform; regulatory; rights; rule; share structure; shareholders; shares; split; state; state shares; stock; structure; structure reform; supra note; takings; trading
• Public Opinion Supervision: A Case Study of Media Freedom in China by Cheung, Anne S. Y. (2007) - Its responsibility is to oversee media outlets, set Party media policy and supervise the work of the provincial party propaganda bureaus. Under Section Thirty Three, media supervision must take place under the guidance of the Party so as to achieve an optimal and ideal form of public opinion supervision. Keywords: beijing; case; cctv; china; chinese; county; daily; freedom; government; jiahe; law; local; media; news; note; officials; opinion; opinion supervision; party; people; public; state; story; supervision; supra; supra note
• Can China Promote Electronic Commerce through Law Reform – Some Preliminary Case Study Evidence by Winn, Jane K.; Yuping, Song (2007) - Electronic signature technology appears to be particularly attractive to those who believe that business practices can be made to conform to law reforms more easily than law reforms can be made to conform to business practices, and who also believe that government regulation is less likely to fail than are markets. In the absence of standards, one way for Chinese businesses to make effective use of electronic signature technologies would be for all of them to use software from the same developer, but this strategy has obvious shortcomings in other areas. Keywords: accounting; businesses; china; chinese; commerce; commerce technologies; contract; countries; evidence; government; industry; information; law; laws; market; model; new; p.r.c; reform; signature; software; standards; systems; technologies; technology; trading; use
• Expanding the Gap: How the Rural Property System Exacerbates China’s Urban-Rural Gap by James, Benamin W. (2007) - 475 A. THE INSECURITY OF LAND USE RIGHTS ............................ This section will discuss the aspects of the system that inhibit the Chinese countryside from greater economic development by focusing on the ways in which the system fails to secure land use rights and undervalues the rural land. Keywords: article; china; chinese; compensation; constitution; land; land use; law; note; ownership; party; peasants; production; property; property law; property rights; property system; rights; rural; state; supra; system; use rights
• China’s Courts: Restricted Reform by Liebman, Benjamin L. (2007) - Adjustments to methodologies for collecting statistics, ideological emphasis in the courts, and incentives to and targets for individual judges can have a significant effect on the total number of cases courts report hearing. As Table 1 and Figure 1 show, the total number of cases resolved through People's Mediation Committees decreased each year from 1994 to 2004.'1 Compared to other institutions engaged in dispute resolution, however, the modest rise in the total number of court cases appears less significant. Keywords: actors; authority; cases; china; china court; courts; decisions; development; disputes; example; fayuan; grievances; judges; law; letters; litigation; media; mediation; new; number; officials; party; people; power; pressure; public; reform; renmin; role; spc; state; system; visits; wang; zhongguo
• One China, Freely and Fairly Elected: A New Solution to the Issue of Taiwan by Wen, Jean (2007) - 7 Several key factors underlie the PRC's continued agitation over Taiwan and its increasingly adamant opposition to Taiwan independence: the PRC does not wish to appear internally weak on Taiwan issues; the PRC considers the international community's acceptance of its one-China policy as an issue of legitimacy and respect; China's historical legacy; and Taiwan's strategic military position along with the PRC's military aspirations. The PRC asserts such a claim despite the fact that the PRC (the descendants of Mao Tse-Tung), even in its earlier incarnations, never controlled a single square inch of the land that is now Taiwan.); Hamilton, supra note 12, at 100 (stating, There is no legal justification for denying Taiwan statehood, as it clearly cannot be considered a PRC province after fifty- five uninterrupted years of self-rule). Keywords: china; chinese; determination; government; international; law; note; people; prc; rights; self; state; supra; supra note; taiwan; taiwanese
• Reforming China’s Securities Civil Actions: Lessons From U.S. PSLRA Reform and Taiwan’s Government-Sanctioned Non-Profit by Jian-Lin, Chen; Wang, Wallace Wen-Yeu (2008) - TAIWAN'S GOVERNMENT-SANCTIONED NPO China relies heavily on administrative regulatory authorities enforcing securities law, while the enforcement of U.S. securities law depends on private securities class actions brought by entrepreneurial lawyers. While this argument is less applicable to more sophisticated institutional investors, it is worth noting that institutional investors in China are generally passive in securities class actions. Keywords: actions; article; cases; center; china; civil; class; class actions; compensation; court; enforcement; government; interest; investors; investors protection; law; litigation; market; p.r.c; protection; protection center; public; reform; securities; securities law; securities market; supra note; taiwan; u.s
• The Good, the Bad, and the Legal: Lawyering in China’s Wild West by Wu, Peng (2008) - According to data from 2002, the transactional cases involving Qinghai lawyers accounted for 0.08% of the national total. 4 Unsurprisingly, the transactional work that Qinghai lawyers seemed to aspire to took place mostly along the east coast, in Beijing, Shanghai, Guangdong, and Zhejiang (at 3.25%, 2.92%, 14.13%, and 3.28% respectively).46 In Xining, the lack of transactional work only added to its desirability and cachet. Keywords: bar; cases; china; firm; good; government; interview; june; lawyers; p.r.c; practice; qinghai; workers; xining; years
• The Dawn of the Due Process Principle in China by He, Haibo (2008) - However, as a consequence of legal reform, there has been 18 As in Liu Yanwen's case, the counsel of the defendant, Peking University, responded to the demand for due process in the court, due process principle does not have sufficient legal basis yet. [22:1 THE DUE PROCESS PRINCIPLE IN CHINA principle of procedural justice.2 A few years later, the Supreme Court of the United States launched its due process revolution, which not only expanded the scope of application of the principle of due process, but also promoted the overall development of administrative law,3 although more recently, as the Supreme Court has tacked rightward, some of these developments have been undone.4 In Germany and Japan, both part of the continental law tradition, administrative process has also become an increasingly important part of administrative law.5 The common theme of these stories is that due process is both a key aspect of legal development and in itself a good barometer of legal progress. Keywords: administrative; application; cases; china; chinese; city; court; court cases; decision; degree; development; judges; judgment; law; litigation; litigation law; liu; organ; peking; penalty; penalty law; people; person; process principle; review; school; supreme; tian; university; yanwen; zhang
• The New Chinese Property Rights Law: An Evaluation from a Continental Perspective by Rehm, Gebhard M.; Julius, Hinrich (2009) - However, information about restrictions on the readjustment of land use rights was not widely circulated among farmers. 146 Art. 10(4) of the 1982 Constitution was added thereto on Apr. 12, 1988 (Land use rights may be transferred pursuant to the legal provisions.), see Baumann, supra note i 0, at 12 1. 147 Land Administration Law supra note 38; the final sentence of art. Keywords: acquisition; article; china; chinese; collective; contract; contract law; faith; general; good; land; land use; new; note; ownership; people; prl; property law; property rights; pursuant; registration; rights law; security; state; supra; supra note; transfer; use; use rights
• Thirty Years of Legal Exchange with China: The Columbia Law School Role by Edwards, R. Randle (2009) - Thirty Years of Legal Exchange with China: The Columbia Law School Role THIRTY YEARS OF LEGAL EXCHANGE WITH CHINA: THE COLUMBIA LAW SCHOOL ROLE R. RANDLE EDWARDS The successive deans and faculty members of Columbia Law School have been consistently supportive of the idea that study of Chinese law and exchanges with Chinese law schools warranted a special commitment of faculty time and Law School funds. The practical demonstration of the faculty's commitment to the teaching of Chinese law at Columbia, and to exchanges with Chinese law schools, was their decision to offer me an appointment as associate professor of law, beginning in September, 1973. Keywords: american; china; chinese; cleec; columbia; columbia law; faculty; foreign; law; law school; program; school
• Introduction by Liebman, Benjamin L. (2009) - The landscape of scholarship on Chinese law, both in China and in the United States, has likewise changed dramatically since 1978: vastly more is being written, in English and in Chinese, than was the case even a few years ago. This spe- cial edition is an excellent example of this commitment, with articles that touch on topics as varied as international law, investment law, labor law, and Columbia Law School's role in legal exchanges with China. Keywords: china; law
• Assessing China’s Legal Reforms by Liebman, Benjamin L. (2009) - The challenge of balancing popular opinion and court authority is perhaps greater in China than it is in legal systems in which legal institu- Benjamin L. Liebman, Watchdog or Demagogue? Legal reforms have helped to facilitate economic development and, more recently, to balance development with efforts to address rising inequality. Keywords: cases; china; chinese; courts; decisions; institutions; law; reforms; state; system
• From Contracts to Compliance? An Early Look at Implementation Under China’s New Labor Legislation Law by Ho, Virginia E. Harper (2009) - Indeed, in recent years, Chi- na has been the target of many of these criticisms, not only because of its poor record of labor law enforcement, but also because of its rise as a prime destination for foreign investment and a key player in world mar- kets. On the one hand, it challenges the common perception that labor law enforcement is utterly ineffective and that Chi- na's workers have no real means of challenging violations of legal rights. Keywords: administrative; art; arts; cases; china; chinese; claims; compliance; contract law; contracts; courts; disputes; district; employers; employment; enforcement; guangdong; hereinafter; implementation; interview; labor arbitration; labor contract; labor dispute; labor inspectors; labor law; labor legislation; labor relations; law enforcement; laws; lcl; legal; p.r.c; people; practices; public; regulations; rights; rules; shenzhen; state; supra note; time; union; violations; workers
• The Establishment and Development of the Chinese Economic Legal System in the Past Sixty Years by Su, Chen (2009) - By March 2008, China had 229 currently effective laws in total, nearly 600 administrative regula- tions, and more than 7,000 local regulations, among which economic laws and regulations account for a large proportion. In 2001, China proposed the development of a socialist legal system with Chinese characteristics to be completed by 2010, which would include seven bo- dies of law, namely, the Constitution and relevant laws, civil and com- mercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedural law. Keywords: china; chinese; contract; contract law; development; economic; economy; enterprises; law; laws; market; people; policy; press; property; property law; reform; regulations; state; system; tax
• The Constitutional Law of the People’s Republic of China and Its Development by Jihong, Mo (2009) - Constitutional rights become important tools for controlling and monitor- ing state power.99 Second, the present Constitution establishes a relatively complete set of constitutional rights. After social order had been restored and the na- tional economy began to develop, on January 12, 1953, the National People's Government established a commission responsible for drafting the new PRC Constitution, with Mao Zedong appointed Chairman. Keywords: art; article; china; committee; constitution; human; law; laws; nat'l people; npc; people; power; prc; prc constitution; regulations; rights; rights protection; standing; standing committee; state; system
• The Regulation of Foreign Investment in Post-WTO China: A Political Economy Analysis by Huang, Hui (2009) - The political economy of law reforms suggests that although evo- lutionary trends point towards convergence in the long term, the dual systems of foreign investment regulation are likely to persist, at least to some degree, in the foreseeable short term. The Regulation of Foreign Investment in Post-WTO China: A Political Economy Analysis THE REGULATION OF FOREIGN INVESTMENT IN POST-WTO CHINA: A POLITICAL ECONOMY ANALYSIS Hul HUANG Since 2001, when China joined the WTO, foreign investment enter- prises in China have grown considerably and exhibited significant deve- lopmental trends. Keywords: art; china; chinese; cjv; company law; ejv; fie; foreign; investment; investors; joint; law; note; regulation; supra; venture; wfoe
• On Rabbits, Rats, and Low-Hanging Fruit: Rethinking the Impact of International Agreements On China’s Domestic Cultural Property Protection by Marton, Autumn L. (2009) - In considering the impact of international agreements intended to curtail the illicit trade in Chinese cultural relics on domestic cultural property protection in China, it is apparent that the memory of Western plunder not only draws atten- tion away from China's current responsibility in preserving its antiquities and archaeological sites, but also characterizes the Western exploitation of China's national treasures during the 19th century as an ongoing phe- nomenon. Part III will focus on the most recent devel- opment in the international protection of Chinese cultural property, the U.S.-China MOU, which provides blanket import restrictions on unautho- rized Chinese antiquities originating during or before the end of the Tang Dynasty (907 CE) and monumental sculptures and wall art at least 250 years old. Keywords: art; china; chinese; convention; heritage; import; international; law; note; property; property protection; protection; relics; sites; states; supra; u.s; unesco; united
• Listing Destination of Chinese Companies: New York or Hong Kong? by Tsang, King Fung (2010) - Hong Kong Listing Rules, supra note 16, Rule 8.04. 362 [ 23:2 2010] LISTING DESTINATION OF CHINESE COMPANIES for a company to list in Hong Kong without satisfying the three-year prof- it-making track record required by the Profit Test. Due to the vast amount of listed companies under the supervision of the SEC, the SEC actually does not review all types of filings before they are de- clared effective. Keywords: china; chinese; companies; company; disclosure; hkse; hong kong; issuer; listing; market; new; note; regime; requirements; rules; supra; transactions; york
• The Promotion of Learning in Chinese History: Discovering the Lost Soul of Modern Copyright by Shao, Ken (2010) - But before we examine this, a brief discussion of the scale of European printing monopoly is necessary to see how it directly contributed to the making of our modern copyright law. This Part will now proceed by examining the scale of monopoly in Europe and China with a particular reference to guild monopoly. Keywords: books; century; china; chinese; copyright; europe; guild; history; law; learning; ming; monopoly; note; practice; printing; promotion; property; publishers; publishing; state; supra; supra note
• Dawn of a New Constitutional Era or Opportunity Wasted? An Intellectual Reappraisal of China’s Anti-Monopoly Law by Zhong, Oliver Q.C. (2010) - It resembles a multi-headed hydra, not in the sense that it encompasses, as competition laws frequently do, separate sets of rules governing separate categories of conduct (e.g., cartel, monopolization, and concentration), but in the sense that it conglomerates competition law proper with portions of what this article will call the law of central-local relations-constitutional and administrative law-and the law of foreign economic relations. The state must therefore intervene, and in this context, competition law is indeed fundamental in preventing corruption and chaos in a system based upon free exchange. Keywords: aml; article; case; chapter; china; chinese; commerce; competition; competition law; council; court; enforcement; general; government; law; market; ministry; mofcom; monopolies; monopoly; new; note; people; power; price; public; reappraisal; regulation; rules; saic; state; supra; vol
• Li Zhuang Case: A Coincidental Incident or A Deliberate Event? by Enshen, Li (2010) - For example, a well-known Beijing lawyer, Yang Jingzhu (#4i), raised five questions in his blog as to how this case would affect the construction of in the Chinese criminal law framework and the likely destiny of Chinese criminal defense lawyers. Chinese criminal defense lawyers face immense obstacles to obtaining permission to visit their clients in detention.o Although the official approval 46 V-JMS Keywords: article; authorities; case; chen; china; china lawyers; chinese; court; cpl; crime; criminal; defense lawyers; evidence; justice; lawyers; legal; note; people; procedure; process; procuratorates; rights; role; rule; state; supra; supra note; suspects; system; trial; zhuang
• The Use of Demonstration Projects to Advance Criminal Procedure Reform in China by Stutsman, Thomas (2011) - 4 ' Fan, Gu, Zuo, and Song have continued to pioneer this approach to advancing criminal procedure reform, which has attracted attention not only from other scholars, but from the Supreme People's Court and Supreme People's Procuratorate as well.4 C. The Scope of Demonstration Projects on Criminal Procedure Reform Chinese legal scholars have now employed demonstration projects to test a wide range of criminal procedure reforms. Part II draws on these demonstration projects to discuss several advantages of this approach to criminal procedure reform. Keywords: bail; china; chinese; confessions; criminal; demonstration; demonstration projects; fan; interrogation; justice; law; legal; note; people; procedure reform; projects; reform; research; scholars; supra; supra note; suspects; use; zuo
• Reforming China’s Criminal Procedure: An Introduction to This Symposium by Cohen, Jerome A. (2011) - Awareness of its inadequacies has prevented many democratic countries, including Canada and the United States, from concluding extradition treaties with China, and even Hong Kong, although a special administrative region of China, has failed to reach an agreement for the rendition of criminal suspects to mainland China. Another book in Chinese about the Yuanhua smuggling operation, by Hai Yuan, was published in 2001 by the China Customs Press (r12%AMER) (Zhongguo Haiguan Chubanshe) in mainland China. Keywords: china; chinese; courts; criminal; justice; lai; law; lawyers; new; party; people; procedure; professor; reform; rights; sentencing; system
• China’s Tortuous Path Toward Ending Torture in Criminal Investigations by Belkin, Ira (2011) - Finally, while an exclusionary rule for coerced confessions is a necessary part of any program to eradicate police torture in criminal investigations, as has been demonstrated in the United States, an exclusionary rule, by itself, may not provide a sufficient deterrent to unlawful police conduct.6 A. In Defense of Torture Not surprisingly, it is difficult to find any academic literature that offers a defense of obtaining confessions by torture. The reason why Chinese law makes it easy for Chinese police to obtain confessions is simple. Keywords: cases; china; chinese; confessions; convictions; court; criminal; evidence; investigations; justice; law; note; people; police; public; rule; supra; system; torture; wrongful; zhao; zuohai
• The Supreme People’s Court and the Political Economy of Judicial Empowerment in Contemporary China by Ip, Eric C. (2011) - The article is organized as follows: Section II sheds light on how SPC judicial entrepreneurs and expert judges initiated self-empowerment; Section III examines the increasing influence of the judiciary on economic policies and the judiciary's interactions with major political and commercial actors; Section IV investigates how SPC judges extended their control over local judicial and bureaucratic behavior; Section V looks at how the Court has made constitutional choices in a risky political environment; and Section VI provides a conclusion to the discussion. The new ideology reflects how SPC judges have come to explicitly advocate a general line of beliefs that remarkably resemble judicial values fundamental in Western legal systems. Keywords: adjudication; administrative; article; aug; cases; ccp; china; chinese; civil; columbia; committee; constitution; court; decision; development; empowerment; gaz; government; high people; interpretations; journal; judges; judicial; judiciary; justice; law; lower; national; new; note; npc; p.r.c; party; people; policy; prc; provincial; public; reform; review; right; rules; spc; spc judges; state; supra; supra note; supreme people; system; vol; work; xiao
• Leniency and Severity in China’s Death Penalty Debate by Lewis, Margaret K. (2011) - On the procedural side, the five government bodies that participate directly in the criminal justice system issued a set of evidence rules aimed specifically at capital cases.6 On the substantive side, reports appeared during the summer of To clarify, articles that mention the high number of executions in China also commonly lament the various due process violations that occur during the Chinese criminal process in death penalty cases. Leniency and Severity in China's Death Penalty Debate LENIENCY AND SEVERITY IN CHINA'S DEATH PENALTY DEBATE Margaret K. Lewis Abstract China has implemented an initial wave of death penalty reforms that returned final review power of all capital cases to the Supreme People's Court and reportedly significantly curbed executions. Keywords: amendment; capital; cases; china; chinese; court; crimes; criminal; death penalty; debate; evidence; executions; government; justice; law; leniency; note; people; policy; public; punishment; reforms; rules; sentence; sentencing; severity; spc; supra; use
• The Pragmatic Court: Reinterpreting the Supreme People’s Court of China by Zhang, Taisu (2012) - There is no denying that SPC judges are fully capable of internalizing one, or even both, of these ideologies, but one wonders if the SPC would have taken these steps without the lure of potential institutional benefits. The Pragmatic Court: Reinterpreting the Supreme People's Court of China 5 The Second Supreme, the supremacy of popular interests, has also had a powerful effect on SPC policy. Keywords: cases; china; chinese; civil; court; discussion; draft; efficiency; fayuan; government; guiding; interest; interpretation; judges; judicial; judiciary; law; leadership; legal; liebman; marriage; marriage law; mediation; party; people; policy; populism; procedure; professionalism; property; public; reform; renmin; rule; scholars; self; sifa; spc; state; summary; supra note; supreme; supreme court; supreme people; system; time; vol; wang; work; yang
• Slow Avalanche: Internationalizing the Renminbi and Liberalizing China’s Capital Account by Chang, Terry E. (2012) - Slow Avalanche: Internationalizing the Renminbi and Liberalizing China's Capital Account SLOW AVALANCHE: INTERNATIONALIZING THE RENMINBI AND LIBERALIZING CHINA'S CAPITAL ACCOUNT Terry E. Chang Abstract China finds itself in the unprecedented situation of internationalizing its currency while liberalizing its partially-closed capital account. Internationalizing the Renminbi and Liberalizing China's Capital Account 79 Separately, how will they be reconciled with RMB values and yields in Mainland? Keywords: account; asian; bank; capital; capital account; china; chinese; countries; currency; dollar; exchange; financial; foreign; government; hong; hong kong; investment; kong; mainland; market; money; new; note; renminbi; reserves; rmb; settlement; trade; trading; u.s; use; yuan
• The People’s Regulation: Citizens and Implementation of Law in China by Rooij, Benjamin van (2012) - 24 For a recent good overview of this development, see Susan Shirk, Changing Media, Changing China, in CHANGING MEDIA, CHANGING CHINA I (Susan L. Shirk ed., 2011); Benjamin L. Liebman, Changing Media, Changing Courts, in CHANGING MEDIA, CHANGING CHINA, supra, at 15o; JUDY POLUMBAUM & XIONG LEI, CHINA INK: THE CHANGING FACE OF CHINESE JOURNALISM (2008). Xiaolin Guo, Land Expropriation and Rural Conflicts in China, 166 CHINA Q. 422 (2001); Zongmin Li, Women's Land Rights in Rural China: A Synthesis (2002) (unpublished manuscript) (on file with author); Pamela N. Phan, Enriching the Land or the Political Elite? Keywords: action; aid; art; authorities; behavior; cases; china; chinese; citizens; columbia; compensation; complaints; compliance; control; courts; enforcement; enterprises; environmental; government; implementation; information; journal; labor; land; law; law enforcement; lawyers; litigation; media; new; organizations; people; pollution; pollution law; public; regulation; regulators; report; research; rights; risks; role; rooij; safety; sanctions; society; state; supra note; system; van; violations; vol; wang; workers
• Lifting the Veil of Words: An Analysis of the Efficacy of Chinese Takeover Laws and the Road to a Harmonious Society by Weng, Charlie Xiao-chuan (2012) - One reason for this phenomenon is that Chinese takeover laws have a chilling effect on potential corporate raiders. The infrequency of takeovers in China can be explained by the chilling effect of Chinese takeover laws and the pro-government stance of the China Securities Regulatory Commission (CSRC), 5 the primary regulator of China's securities markets. Keywords: art; article; bid; bidder; board; business; china; chinese; company; company law; control; csrc; disclosure; duty; government; law; laws; market; measures; purchaser; regulations; rule; securities; securities law; shareholders; shares; state; stock; supra note; takeover; takeover laws; target; target company
• Navigating the Shoals of Joint Infringement, Indirect Infringement, and Territoriality Doctrines: A Comparative Analysis of Chinese and American Patent Laws by Kene, Gautam V.; King, Patrick E.; Lau, Timothy T. (2012) - DESIGNING AND CONTRACTING AROUND PATENT INFRINGEMENT CLAIMS 298 A. Infringement of Divided Systems Under American Law 298 1. But increasingly, companies are implementing patented methods and systems that are easily divisible and that provide accused infringers with a means for avoiding patent infringement by exploiting disparate patent regimes and conflicting territoriality principles. Keywords: american; american patent; china; chinese; circuit; claim; court; direct; infringement; joint; law; liability; patent; patent infringement; patent law; rights; states; system; united
• Forgiven and Forgotten: The Republic of China in the United Nations War Crimes Commission by Lai, Wen-Wei (2012) - Letter from Herbert C. Pell to the Secretary of State (Aug. 24, 1944), available at RL, Box 28, War Crimes Commission file. 27 Wellington Koo's Notes and Statements about Pell (Dec. 2, 1943), available at Franklin D. Roosevelt Library, Box 28, War Crimes Commission: Pell file. Keywords: china; chinese; chungking; commission; crimes commission; crimes file; far; japanese; koo; meeting; nations war; office; sub; united; unwcc; war crimes; war criminals
• Understanding China’s System for Addressing Legislative Conflicts: Capacity Challenges and the Search for Legislative Harmony by Hand, Keith J. (2013) - L. 369, 400, 411, 423 (2002); Laura Paler, China's Legislation Law and the Making of a More Orderly Legislative System, 182 CHINA Q. 305 (2005). Under the broad definition provided above, both the types of legislation established in the Legislation Law and many SPC interpretations may be considered normative documents. Keywords: address; administrative; annul; art; article; authority; capacity; cases; china; china law; chinese; citizen review; citizens; columbia; conflicts; congress; constitution; council legislative; courts; documents; example; filing; filing regulation; general; government; government review; hunan; hunan people; interpretations; journal; judicial; laws; legislation law; legislative; level legislation; level people; limited; national; normative; npcsc; online; organs; party; people; power; practice; problems; procedures; province people; provincial; provisions; regulations; renmin; review; review office; review organs; review process; review proposals; review regulation; review system; review work; rules; spc; state; state council; state organs; supervision law; supra note; understanding; vol; wang; work
• Chinese Immigration Law and Policy: A Case of ‘Change Your Direction, or End Up Where You Are Heading’? by Zhu, Guobin; Price, Rohan (2013) - Thus, it is evident that Chinese immigration laws are ineffective in deterring such illegal behaviors. The adoption of the 2012 Law is an encouraging step toward a different reality of Chinese immigration law. Keywords: administration; african; aliens; art; china; chinese; city; entry; exit; foreigners; guangzhou; immigrants; immigration; immigration law; law; ministry; note; number; people; policy; public; rights; security; supra; visa
• Lawyering across the Strait: The Past, Present, and Future of Legal Services Markets between Mainland China and Taiwan by Huang, Simin; Zhang, Wanhong (2013) - Lawyering Across the Strait legal services rises, the opening-up of Taiwan legal services market is expected to be the trend of the near future.2 It is worth noting that the Taiwan Dacheng Law Firm was founded in Taipei in May 2010. Taiwan law firms setting up representative offices in the mainland. Keywords: china; hong; hong kong; kong; law; law firms; mainland; mainland china; mainland law; offices; representative; services; strait; taiwan
• Institutional Arbitrage: China’s Economic Power Protection and International Capital Markets by Chen, Weitseng (2013) - The proliferation of activities of Chinese firms overseas will foster more political and regulatory clashes between Chinese and foreign regulators in the foreseeable future. Moreover, since January 20o8, Chinese firms have disclosed 1,414 overseas acquisitions, valued at about $235 billion. Keywords: arbitrage; capital; capital markets; capitalism; china; chinese; companies; development; exchange; financial; firms; governance; institutional; investment; investors; issuers; law; markets; prc; regulation; regulatory; securities; soes; state; u.s
• From the Red River to the Yellow River by Livdahl, David A. (2013) - Many observers have noted that Japanese companies don't like to commence formal disputes with former partners in deals that don't work out. In Japan, we can shake hands on a partnership but not if you are using your other hand to try to punch me in the face. What I learned is that despite the reluctance of Japanese companies to commence U.S. style litigation, if the Japanese company starts formal legal proceedings, hang onto your hat. Keywords: beijing; china; chinese; columbia; company; japanese; l.a; law; local; office; river; school; time; tokyo; u.s; work; years
• Property Rights Arrangement in Emerging Natural Resources: A Case Study of China’s Nationalization of Wind and Sunlight by Chen, Jianlin; Cui, Jiongzhe (2013) - Public property under Chinese law primarily consists of state property and collective property. Thus, by necessary implication, public property under existing Chinese constitutional framework can only be manifested in the form of state property or collective property. Keywords: access; arrangement; art; article; china; chinese; civil; climate resources; commons; development; economic; energy; externalities; governance; government; journal; land; law; legal; management; meteorological; nationalization; new; ownership; people; property; property law; property rights; protection; public; regulation; rev; state; state ownership; state property; sunlight; supra note; tragedy; usage; use; weather; wind
• Corporate Governance Models and Practices in Japan and East Asia: Proceedings of a Panel Discussion by Aronson, Bruce E. (2014) - In particular, it should be both valuable and feasible to compare and contrast corporate governance systems and practices among countries in East Asia, in light of Japan's historical influence and more recent divergences from that influence. Such influence includes important features of corporate governance systems, including a historical preference for the use of internal corporate auditors or supervisors (kansayaku in Japanese)' 9 rather than outside directors to monitor management. Keywords: asia; board; china; companies; countries; directors; east; east asia; governance; influence; japan; korea; law; management; monitoring; ownership; professor; reform; role; shareholders; system; taiwan
• Taking Voting Leverage and Anti-Director Rights More Seriously: A Critical Analysis of the Law and Finance Theory by Kang, Sang Yop (2015) - For CMS, see infra 1\0te 90 and accompanying text and infra Pare III.B. 6 OSOV should be interpreted as the principle that shareholder voting rights are to be commensurate with the amount of thEir equity investment. As discussed, many ADRI components are associated with shareholder voting rights. Keywords: adri; board; capital; china; civil; company; components; corporate; countries; country; finance; governance; group; korea; law; llsv; minority; note; osmv; osov; ownership; point; preemptive; protection; rights; score; shareholders; shares; states; stock; supra; system; theory; united; voting; voting rights
• State-Owned Enterprises in Singapore: Historical Insights Into a Potential Model for Reform by Cheng-Han, Tan; Puchniak, Dan W.; Varottil, Umakanth (2015) - The question that arises is why Singapore GLCs were exceptional in this regard and whether such exceptional ism is transplantable.' ' In this article, we began with a discussion of the convergence thesis in corporate governance and how the emergence and operation of SOEs detract from that thesis.39 As we have further sought to establish, the historical evolution of Singapore GLCs and the unique factors of governance they display appear to throw cold water on the convergence argument. Keywords: china; chinese; companies; development; economic; economy; glcs; goh; governance; government; kuan; lee; management; model; note; pap; public; singapore; state; support; supra; supra note; world; yew
• Exclusionary Rules in China by Yi, Yan You (2015) - standard evidence rule in the Anglo-American legal system. [A Talk about the Nightmare after the Survival of the Disaster-An Interview ofDU Peiwul (), Gongren Ribao (IA H W WORKS' DAILY), Sep. 14, 2000, at 5. confessions together with other evidence. Keywords: article; cases; china; court; cpl; documentary evidence; evidence; examination; exclusionary; investigation; law; legality; means; note; people; procedure; procuratorate; provisions; public; rights; rules; security; supra; supreme; supreme people
• The Politics of Chinese Land: Partial Reform, Vested Interests, and Small Property by Qiao, Shitong (2015) - Part II and Part III investigate the urban land use reform and rural land use reform, respectively. This reasoning against rural land use reform is understandable. Keywords: central; china; chinese; city; construction; construction land; council; farmers; government; land; land administration; land reform; land use; law; market; property; property rights; reform; rights; state; state council; state land; system; transfer; use reform; use rights
• The Philippines v. China Jurisdictional Award and its Implications for the Republic of Korea by Feron, Henri (2016) - japanese EEZ claims would have to be based on the far islands of Oki-gunto instead of the Liancourts, allowing the ROK to gain the upper hand in EEZ delimitation negotiations because of the greater proximity of Ulleungdo. Korean claims based on the island of Chejudo conflict with japanese ones based on the maritime features of Danjo Gunto and Hizen Torishima. Keywords: chapter; china; claims; eez; japan; korean; maritime; philippines; rok; tribunal
• Explaining the Failure of Environmental Law in China by Xu, Guangdong; Faure, Michael (2016) - Almond et al. find that annual average TSP concentrations are approximately 300 mg/m' higher in northern cities and conclude that Chinese heating policy led to higher pollution concentrations in northern China. further show that life expectancies are approximately five and a half years lower in the north because of an increased incidence of cardiorespiratory mortaliry and that the soo miiUon residents of northern China during the 1990s therefore experienced a loss of more than z.s billion life years because of the winter heating policy.' Keywords: agencies; air; air pollution; cases; china; chinese; citizens; courts; democracy; development; economic; economy; emissions; enforcement; environmental; environmental protection; example; goods; gop; governance; government; growth; health; industrial; institutions; investment; journal; law; level; mep; national; note; officials; party; people; percent; performance; policy; pollution; power; problems; protection; public; quality; regime; report; state; supra; supra note; system; targets; water; water pollution; world; zhang
• Legal and Political Rights Advocacy in Wrongful Conviction Death Penalty Cases in China: A Study of the Leping Case of Injustice by Jue, Jiang (2016) - In this context, correction of wrongful conviction cases could be understood as the authorities' selective response - as shown in the Leping case of injustice, even though the true perpetrator has admitted guilt, the judicial system still turns a blind eye to the appeal of retrying and correcting it. Official discourse also affects the way in which wrongful conviction cases are discussed, when exceptional circumstances warrant public discussion. Keywords: advocacy; authorities; case; china; chinese; conviction; conviction cases; conviction death; court; criminal; death; death penalty; defendants; defense; efforts; injustice; lawyers; leping; leping case; network; penalty; penalty cases; people; police; power; public; rights; society; suspects; system; torture; trial; wrongful; years
• The Return of Private Banks? Grass-root Lending Institutions in China by Liu, Wei (2016) - Part !II introduces background information on the evolution of:state policy towards private lending institutions and efforts in financial reforms. Although the SME Promotion Law was not specifically enacted to address the issue of private lending, nor did it materially enhance the legal status of private lending institutions, it contained language encouraging legal f.nancial institutions and other public intermediaries to provide financing services to small- and mid-sized enterprises.09 Between 2006 and 2013 the State Council issued a few more specific communications on helping mid- and small-sized enterprises obtain credit via state-subsidized financial guarantors and improving rural areas' access financing services.' Notably, in 2008 the state allowed the pilot 47 Keywords: activities; banking; banks; business; capital; china; commercial; companies; credit; deposits; enterprises; financial; financing; grass; interest; law; lenders; lending; lending institutions; loans; management; market; msms; official; people; policy; practice; rates; reforms; risk; root; root lending; route; sector; services; small; state; wenzhou; years; zhejiang
• State Ownership and Regulatory Costs: A Law and Economic Explanation for the Prevalence of State-Owned Enterprises in China by Zeng, James Si (2018) - I. A THEORETICAL FRAMEWORK: OWNERSHIP COSTS AND REGULATORY COSTS Previous studies on the efficiency of SOEs largely focus on their financial performance.35 Put another way, these studies examine whether state ownership incurs higher social costs due to the state’s inability to control and manage enterprises compared with private investors. Table 1: The Social Costs of SOEs v. Private Enterprises Ordinary industries Regulated industries Social costs of private enterprises Low regulatory costs + low ownership costs High regulatory costs + low ownership costs Social costs of SOEs Low regulatory costs + high ownership costs Low regulatory costs + high ownership costs In a regulatory relationship, regulatory costs may be borne by the government or by the 77 Neil Gunningham, Robert A. Kagan & Dorothy Thornton, Social License and Environmental Protection: Why Business Go Beyond Compliance, 29 LAW & SOC. Keywords: adjustments; asian; capital; china; columbia; companies; control; costs; enterprises; government; industries; insurance; insurance companies; insurance market; investment; investors; journal; law; life; life insurance; market; note; number; ownership costs; privatization; proportion; public; regulation; regulatory; revenue; sectors; soes; state; state ownership; supra; tariffs; vol; water
• How May China Respond to the U.S. Trade Approach? Retaliatory, Inclusive and Regulatory Responses by Wang, Heng (2018) - 102 China Daily, Apr. 24, 2017. 170 COLUMBIA JOURNAL OF ASIAN LAW [Vol. 31:151 implementation without concrete results in the DSM.103 China may learn from the United States regarding retaliation. RETALIATORY, INCLUSIVE AND REGULATORY RESPONSES Heng Wang This paper endeavours to conceptualize and provide an analytical framework for China’s response to U.S. trade policy. Keywords: approach; asian; bit; china; china trade; columbia; ftas; international; investment; issues; journal; law; measures; negotiations; new; policy; ptias; response; retaliation; retaliatory; rules; states; trade; trade approach; trump; u.s; united; united states; wto
• Why Law Enforcement Is Weak in China? The Mindset of the Frontline Tax Officials by Huina, Xiao (2018) - Thus, central tax, local tax and shared tax are three major types of tax. The amount of tax revenues is the first concern of local governments. Keywords: administration; bureau; china; county; degree; enforcement; law; law enforcement; level; office; officials; revenue; state; target; tax; tax authorities; tax office; tax officials; tax revenue; years
• “Rule of Trust”: The Power and Perils of China’s Social Credit Megaproject by Chen, Yu-Jie; Lin, Ching-Fu; Liu, Han-Wei (2018) - In addition to ordinary credit information, “Credit China” prominently features “Blacklists”57 and “Redlists,” as noted above.58 Apart from the unified national platforms sponsored by the government (the “National Credit Information Sharing Platform” and “Credit China”), various institutions and organizations maintain their own systems. On “Credit China,” one can find links to the websites of all these systems,64 building a dense network of information. Keywords: agencies; behavior; breaking; china; chinese; control; credit; credit china; credit information; credit system; data; defaulters; financial; foreign; governance; government; information; joint; law; national; new; note; people; perils; plan; power; privacy; public; rule; sanctions; scs; society; state; supra; system; trust; use; xinyong
• The Evolving Legal Mechanism for Medical Malpractice Dispute Resolution in China by Lin, Nuannuan; Hu, Weijun (2018) - The 1987 Measure provided that the assessment institutions, namely the Technical Assessment Committee for Medical Accidents (TACMAs), operate at the provincial, regional, and local levels.59 The TACMAs were the only legitimate institution for Medical Accident assessment, and only their assessment decisions could be used as the basis for the adjudication of Medical Accidents.60 The members of the TACMAs were nominated by locality health authorities and then approved by locality governments.61 TACMAs were commonly headed by officials from locality health authorities and composed of health care 56 Id, art. 38, (jsrd.gov.cn) (China) available at http://www.jsrd.gov.cn/zyfb/sjfg/201704/t20170406_458148.shtml (authorizing the municipal Medical Association to conduct Medical Accident assessments and the provincial Medical Association to conduct re-assessments). Keywords: accident; action; administrative; art; assessment; cases; china; chinese; compensation; court; damages; dispute; experts; gaz; general; government; health; health care; health system; hospital; injury; law; liability; locality; malpractice; mas; measure; mechanism; medical; mmdr; note; patients; people; public; reform; regulation; renmin; resolution; supra; supra note; system; tort; tort law; trial; yiliao
• Fragmenting Cybersecurity Norms Through the Language(s) of Subalternity: India in “the East” and the Global Community by Segate, Riccardo Vecellio (2019) - 264 Is International Law International?, U.N. AUDIOVISUAL LIBRARY OF INTERNATIONAL LAW (Sept. 19, 2018), http://legal.un.org/avl/ls/AntheaR_IL_video_1.html. 2019] FRAGMENTING CYBERSECURITY NORMS 137 coordinated coherence—is just around the corner.265 This paper has fundamentally explained that three major stances are currently shaping global cyber governance: states that are satisfied with the legal status quo; those that seek to negotiate a binding treaty; and those that strive for the application of current hard laws on the one hand, and the negotiation of universal soft standards on the other.266 This third group is the most numerous, although there is no agreement—neither in practice, nor in legal scholarship—on how to apply existing frameworks such as international humanitarian law, international human rights law, and international security law, made complex by the observation that “while a cyber ‘weapon’ may destroy civilian as well as military targets, it generally does not have kinetic impacts. The last category shares considerable terrain with the private sphere of international law, or “conflict of laws.” Keywords: asian; china; chinese; columbia; context; cooperation; countries; cyber; cybersecurity; cyberspace; declaration; development; east; eds; governance; human; india; information; information security; international; internet; int’l; journal; language; law; nations; new; non; norms; note; order; organisation; policy; regional; relations; rights; russia; sco; security; shanghai; states; supra; terrorism; united; use; vol; west; world
• The Role of Government and Regulation in Corporate Social Responsibility: The Case of China by Yan, Min (2020) - Thus, even though implicit CSR and explicit CSR are two traditionally incompatible systems, the unique situation in China would provide an environment for the co-existence of implicit and explicit CSR. In contrast, Matten and Moon argued that explicit CSR consists of “voluntary programs and strategies by corporations,”9 which is seen as voluntary in nature.10 That is also why Jamali and 4 Id.; see also Mehran Idris Khan & Yen-Chiang Chang, Environmental Challenges and Current Practices in China—A Thorough Analysis, 10 SUSTAINABILITY 2547 (2018), doi.org/10.3390/su10072547; Ting Ma et al., Pollution Exacerbates China’s Water Scarcity and Its Regional Inequality, 11 NATURE COMM. Keywords: activities; asian; business; china; chinese; corporations; csr; csr activities; environmental; example; force; governance; government; green; institutional; law; market; note; regulatory; responsibility; state; supra; system
• Artificial Intelligence Regulation and China's Future by Lucero, Karman (2019) - x Fujian (Implementation Proposals Regarding Advancing the Accelerated Development of New Generation AI) 157 Id. 158 China AI Development Report 2018, CHINA INST. According to the scholar, “such campaigns tend to produce more concentration of power rather than less, strengthening the legitimacy of particular charismatic leaders 283 China AI Development Report 2018, supra note 158, at 77. Keywords: agencies; ai development; ambiguity; asian; central; china; chinese; columbia; companies; control; council; data; development; ethics; example; future; governance; government; information; institutions; intelligence; internet; journal; law; laws; mar; national; new; note; party; people; plan; power; regulation; report; security; society; standards; state; strategic; supra; supra note; technology; use; vol; ways; world
• The Corporate Bankruptcy Substitute in China by Zhang, Zinian (2019) - 102 Interview 2017-13 (May 5, 2017). 206 COLUMBIA JOURNAL OF ASIAN LAW [Vol. 33:172 Second, mainly due to the lack of information disclosure and of effective communication between execution courts, the number of execution creditors able to join fair distribution is also very limited. Second, for execution courts, any repeated executions against the company could be avoided, which would prevent judicial resources from being wasted. Keywords: article; assets; bankruptcy; bankruptcy law; bankruptcy procedure; bankruptcy substitute; cases; china; china judgment; company; court; debtors; distribution; ebl; enterprise; execution; execution court; execution creditors; execution debtor; execution officer; execution procedure; interview; judgment execution; judicial; limited; notice; people; procedure; procedure law
• Force Majeure in China by Olson, Bradford R (2020) - Section III provides summary statistics of the 73 judicial opinions analyzed, including year adjudicated, venue, type of force majeure event, success rate, party identity, type of underlying contract, appeal outcome, presence of force majeure and/or liquidated damages clauses, and common reasons courts find force majeure inapplicable. Here, any concern a court might have with holding that a particular event was force majeure is lessened by the fact that pandemics are a traditional type of force majeure event. Keywords: action; article; basic; cases; china; chinese; co.; contract; contract law; court; defendant; development; estate; event; force majeure; gongsi; government; government action; hetong; intermediate; intermediate people; jiufen; law; min; minshi; note; party; people; purchase; real; real estate; regulation; supra; zhong
• How Will Technology Change The Face of Chinese Justice? by Chen, Benjamin Minhao; Li, Zhiyu (2020) - [Vol. 34: 1 contains more than 80 million judicial decisions and has been visited more than 37 billion times, making it the world’s largest repository of legal cases. II. And Chinese courts today help initiate cases in addition to deciding them. Keywords: aid; artificial; beijing; case; center; china; chinese; citizens; columbia; court; daily; fayuan; filing; government; guanyu; high; intelligence; internet; interview; journal; judges; judicial; july; justice; law; lawyer; legal; litigation; mediation; national; note; number; online; parties; party; people; public; reform; renmin; renmin fayuan; republic; rights; social; software; spc; state; supra; supreme people; system; technology; time; vol; wang; xinfang; zhongguo
• The Effectiveness of The Road Traffic Liability System in China? A Law and Economics Perspective by Yan, Yu; Faure, Michael (2020) - For the development of traffic liability in European counties, see WOLFGANG ERNST, THE DEVELOPMENT OF TRAFFIC LIABILITY (2010). TRAFFIC LIABILITY SYSTEM IN CHINA Keywords: accident; cases; china; chinese; claims; cli; compensation; deterrence; economic; fault; insurance; law; liability; liability insurance; liability system; people; risk; road; rule; supra; system; tort; tort liability; traffic; traffic liability; victim
• What Lessons can the Luckin Coffee Scandal Offer to Australia–China Cross-Border Listed Companies’ Supervision? Problems and Reform Suggestions in China by Guo, Qi (2022) - The first is the conciliatory approach of conducting joint inspections by the ASIC and CSRC to overcome limitations in accessing the information necessary to investigate cross-border securities, without running counter to the national security interests of China. Keywords: Securities cross-border supervision, Luckin Coffee scandal, Regulatory cooperation, Enforcement * Belle Qi Guo is a PhD Candidate in the School of Private and Commercial Law, Faculty of Law & Justice at the University of New South Wales. Keywords: china; china securities; chinese; coffee; commission; companies; cooperation; cross; csrc; disclosure; enforcement; information; jurisdiction; law; luckin; people; regulatory; securities; securities law; securities supervision; supervision
• Institutional Investors in China: Corporate Governance and Policy Channeling in the Market Within the State by Lin, Lin; Puchniak, Dan W. (2022) - First, most of the empirical studies find that the impact that institutional investors have on the corporate governance of A-Shares companies is contingent on the type of institutional investor—with 95 See supra Part II. 98 Third, several empirical studies find that the impact that institutional investors have on the corporate governance of A-Shares companies is contingent on the type of company in which institutional investors own shares—with statistically significant differences in several studies being found between SOEs and POEs.99 Collectively, these observations confirm that the taxonomy of institutional investors analyzed in Part II is important as there is significant empirical evidence demonstrating that the impact of institutional investors on corporate governance in China’s A-Shares companies differs based on the type of institutional investor. Keywords: activist; asian; c o.; campaigns; ccp; channeling; china; china securities; chinese; companies; evidence; financial; firm; foreign; fund; governance; government; impact; institutional; insurance; investment; investors; journal; law; management; market; note; policy; reform; regulatory; securities; shareholder; shares; shares companies; shares market; soiis; state; stock; supra; supra note; vol; 公 司; 限 公
• Minority Public Shareholders in China's Concentrated Capital Markets – A New Paradigm? by Ozery, Tamar Groswald (2016) - In this article I focus mainly on the first and third paths,3 since the need to protect minority public shareholders through legal rights and remedies is not in contention even by those who advocate for their limited and passive role. Even in concentrated markets, it is increasingly recognized that minority public shareholders can, and sometimes should, become more influential corporate players. Keywords: article; board; capital; capital markets; central; china; chinese; companies; company; company law; control; controlling; council; csrc; economy; empowerment; equity; example; firms; form; governance; government; group; institutions; interests; investment; investors; involvement; law; level; management; market; mechanisms; minority; minority shareholders; monitoring; new; note; ownership; participation; party; policy; power; prc; prc party; protection; public; rev; rights; role; securities; shareholders; shares; social; state; state control; stock; structure; supra; system; voting
• Trade and Progress: The Case of China by Farah, Paolo Davide (2016) - 63_ W_orld Trade ?rganization, Committee on Agriculture, Special Session, Agriculture: Negotiations on Agnculture, WTO Doc., Modalities Phase: See also Panel Report , Japan - Taxes on Alcoholic Beverages (Japan -Al coholic Beverages'?, WTO Doc. Keywords: accession; agreement; appellate; article; asian; body; body report; case; china; china measures; concerns; countries; development; dispute; economic; eds; energy; environment; european; food; food security; gatt; general; global; globalization; governance; health; human; international; issues; law; measures; member; new; non; note; ntcs; organization; panel; panel report; people; products; progress; protection; public; report; resources; rights; security; states; states measures; supra; system; trade; trade law; trade measures; tuna; united; united states; use; vol; world trade; wto; wto accession; wto doc; wto law
• Law in the Shadow of Violence: Can Law Help to Improve Doctor-Patient Trust in China? by Liebman, Benjamin L. (2016) - Law has generally played a secondary role in medical disputes: most patient claims never make it to court, and there is little evidence that negotiated outcomes are influenced by legal standards. Part II examines the formal legal framework governing medical disputes in China, i.e. the law on the books. Keywords: care; cases; china; courts; disputes; doctors; framework; hospitals; inspection; law; medical; patient; people; plaintiffs; practice; protest; regulations; state; system; tort; trust; use
• Engineering a Venture Capital Market: Lessons from China by Lin, Lin (2017) - Further, VC funds in India are typically organized as trusts because the limited partnership vehicle is not available. Since 2014, insurance companies were permitted to make investments in VC funds. Keywords: administration; asian; business; capital; capital investment; capital market; china; chinese; columbia; companies; company; development; engineering; enterprises; entrepreneurs; equity; financial; firms; foreign; funding; funds; ggfs; government; guidance; http; industry; institutional; insurance; investment; investment funds; investors; jijin; law; limited; lps; management; market; measures; national; new; note; number; partnership; people; policy; portfolio; public; reform; regulatory; research; rmb; shanghai; singapore; start; state; supra; supra note; tax; touzi; vc firms; vc funds; vc investment; vc market; venture capital; vol
• Rocking the Boat: The Paracels, the Spratlys, and the South China Sea Arbitration by Sellars, Kirsten (2017) - The Filipino marines soon returned to North east Cay,184 and they remain there to this day_ 1s5 176 Cable from U.S. Embassy Saigon to U.S. State Department Subj: Disputed Territories in South China Sea, par. 22 Cable from U.S. Consulate General Hong Kong to U.S. State Department Subj: Peking's Calculations in the Paracels War, par. 2 Keywords: arbitration; bank; cable; china; china sea; chinese; claims; d. par; embassy; embassy manila; features; islands; jan; manila; paracels; philippines; saigon; sea; south; south china; spratlys; state department; states; subj; treaty; tribunal; u.s; united; vietnamese

• Regulating Cyberspace in Vietnam: Entry, Struggle, and Gain by Nguyen, Ha N. (2022) - Studies interested in Vietnamese state actors focused on the formal aspects of cyber regulation enacted by state actors, including cyber laws, policies, and technical measures.18 These studies typically 13 Rogerson and Thomas, supra note 12; FRANCIS, DAVIES, AND JUPP, supra note 12; Wong, supra note 12. These activities succeeded to different degrees, inducing Vietnamese state actors to respond with three distinctive regulatory measures in three different periods. Keywords: actors; asian; businesses; cyber; cyber laws; cyber regulation; cybersecurity; cyberspace; decree; development; information; internet; law; laws; ministry; national; note; people; period; power; regime; regulation; state; state actors; supra; telecommunications; vietnam; vietnamese
• Law, Culture, and the Politics of Confucianism by Hahm, Chaihark (2025) - L. 125 (1998) (presenting Confucianism as the source of gender inequality institutionalized in Korean family law); Dai-kwon Choi, Western Law in a Traditional Society: Korea, 8 KOREAN J. COMP. For an argument against cultural determinism in the context of studying Korean law, see DAF KYU YOON, LAW AND POLITICAL AUTHORITY IN SOUTH KOREA 27-37 (1990). Keywords: asian; case; confucianism; constitution; court; cultural; culture; decision; east; fact; family; government; issue; japanese; journal; korean; law; marriage; meaning; modern; national; norms; note; people; place; politics; prohibition; rights; rituals; rule; society; supra; system; terms; time; tradition; values
• The Role of Securities Regulation in the Development of the Thai Stock Market by Fagan, John (2025) - Their efforts combine a commitment to free-market ideologies with a pragmatic strategy to overcome factors in their legal, political and social spheres that currently obstruct the effective regulation of Thai securities markets. In addition to being the sole exchange, the SET was also the main regulator of securities markets until legislation introduced in 1992 created a separate regulatory body. Keywords: asian; business; cases; development; economic; enforcement; exchange; governance; institutional; interview; investors; law; laws; market; note; reform; regulators; risk; securities; securities law; securities regulation; set; stock; supra; supra note; system; thai securities; thailand
• The Philippines Re-energizes: Privatization of the National Power Corporation and the Red Flag of Political Risk by Meja, Van (2025) - The PPCA is an automatic cost-recovery mechanism approved by the now-abolished Energy Regulatory Board (ERB), and designed to recover stranded contract costs paid by the NPC 160 and Meralco pursuant to take-or-pay provisions in power supply contracts. Private power producers had effectively rescued the Philippines from a major crisis that could have economically crippled the country indefinitely had new private power plants not been constructed or rehabilitated in very little time. Keywords: contracts; distribution; electricity; energy; franchise; generation; government; industry; investors; law; note; npc; philippines; plan; power; power industry; privatization; sector; supra; transmission
• Civil Liberties in Hong Kong: Recent Controversies, Evolving Consciousness and Future Legal Protection by Chen, Albert H.Y. (1988) - Although the two covenants are not enforceable in Hong Kong courts as part of domestic law,4 as a mat- ter of international law, the United Kingdom, as a party to the cove- nants, is obligated, at least in theory, to comply with their standards. 60 Article 15 of the August 1987 working draft provides, inter alia, that [t]he rights and freedoms of Hong Kong inhabitants shall not be restricted save as prescribed by law. Keywords: bill; council; draft; government; hong kong; law; liberties; note; ordinance; public; rights; supra
• The Taiwan Relations Act after Ten Years by Damrosch, Lori Fisler (1989) - 92 Yet the court of appeals assessed the transaction not just as a purely pri- vate contract but as an exercise of the sovereign prerogative to reg- ulate exports and imports to and from Taiwan.93 The court underscored certain features of CCNAA's alleged representations that it thought to be predominantly sovereign rather than merely commercial, such as commitments to allow the importation of raw materials on a duty-free basis and to accord the plaintiff certain bene- fits under Taiwan law. 86. The then Deputy Secretary of State was pelted with eggs, tomatoes, and stones when he traveled to Taiwan in December of 1978 to explain the United States (U.S.) plan for continuing unofficial rela- tions with Taiwan in the aftermath of recognition of the People's Republic of China (PRC).2 When the Carter administration sent its draft bill on Taiwan relations to the Congress, Senator Frank Church, then chairman of the Senate Foreign Relations Committee, character- ized the plan as woefully inadequate,3 and that was one of the milder congressional reactions. Keywords: act; agreements; congress; economic; foreign; international; law; note; people; prc; relations; rights; state; supra; taiwan; taiwan relations; tra; trade; u.s; u.s.c
• Issues in Criminal Law across the Taiwan Strait by Bingzhi, Zhao (1989) - The first focuses on issues of PRC criminal law, with particular attention paid to the unique issues that may arise out of the new PRC-Taiwan relationship. Taiwan should also recognize the principle that PRC judicial organs have the power to prosecute crimes committed in the PRC by offend- ers from Taiwan according to PRC criminal law. Keywords: art; crimes; criminal; draft; law; note; organs; people; prc; problems; prosecution; regulations; residents; sides; supra; taiwan; taiwan residents
• A Research Guide to Taiwan (ROC) Law by Newton, Liane; Jong, Wang (1989) - N ewspapers ....................................... 310 E. English Language Bibliographies .................. 311 F. Information Services .............................. 311 I. INTRODUCTION A. Selection of Materials and Comments The materials gathered here are intended to serve as a basis for further research on ROC law generally, with particular emphasis on business-related topics. Organizational structure and proposed translations: book, volume, part pien chapter chang section chieh sub-section k'uan item mu article t'iao paragraph hsiang sub-paragraph k'uan item mu There is no publication requirement to bring ROC laws or regu- lations into effect. Keywords: administrative; art; chih; civil; compilation; council; court; criminal; gazette; government; hereinafter; interpretations; judgments; judicial; law; laws; materials; note; precedents; procedure; regulations; review; roc; shih; supra; supreme; supreme court; symposium; volume; yuan
• The Emerging Legal Framework for Regulating Economic Relations between Taiwan and the Mainland by Tse, Ada Koon Hang (1992) - Article 43 Where, according to this Statute, regulations of the Area of Mainland China shall apply, but nothing is stated expressly in the Area of Mainland China regulations with respect to the legal relationship involved, or the Area of Mainland China regulations specify that laws of the Area of Taiwan shall apply, laws of the Area of Taivan shall apply. The Statute Governing Relations Between People of the Areas of Taiwan and Mainland China ................... Keywords: area; article; charge; chinese; civil; economic; executive; government; investment; journal; law; law article; laws; mainland china; mainland law; mainland policy; market; note; organ; organizations; paragraph; people; permission; person; place; policy; r.o.c; regulations; statute; supra; taiwan; trade; yuan
• Justice for All: The Application of Law by Analogy in the Case of Zhou Fuqing by Buck, Mary (1993) - It is unclear how long Zhou Fuqing served as county magistrate before he became the subject of an impeachment memorial, dated Guangxu 04.01.24 (1891), from Jiangnan governor Shen Baozhen. Zhou Fuqing then was transferred to Hangzhou, as were his son and Ma Jiatan. Keywords: analogy; board; candidates; case; chief; code; examination; examiner; governor; law; note; punishment; substatute; supra; zhou; zhou fuqing
• Securities Laws in Korea and Regulations on Foreign Investment by Hong, In-Kie (1996) - Under the SEA, foreign securities companies must be licensed by MOFE if they intend to engage in securities business in Korea.133 If a foreign securities firm plans to establish a representative office to enter the 130. Foreign securities companies were allowed to establish multiple branches in Korea. Keywords: art; bonds; companies; corporations; d. art; foreign; investment; korea; kse; law; listed; market; note; public; sea; securities; securities market; shares; supra; trading
• Open-Competitive Bidding in Japan’s Public Works Sector and Foreign Contractor Access: Recent Reforms are Unlikely to Meet Expectations by Gray, Jon R. (1996) - THE DESIGNATED COMPETITIVE BIDDING SYSTEM AND DANGO: Two SPECIFIC RESTRAINTS ON TRADE AFFECTING U.S. GENERAL CONTRACTORS VYING FOR PUBLIC WORKS CONTRACTS U.S. trade negotiators have a lengthy laundry list of direct and indirect trade restraints which affect U.S. construction firms. Initially, U.S. government officials hailed the new program as a historical step forward that would pave the way for U.S. contractors to bid on close to $17.4 billion each year in contracts.' Keywords: access; action; action plan; bidding; construction; contractors; firms; foreign; government; japan; japanese; mpa; note; plan; procedures; projects; public; sector; supra; supra note; trade; u.s; works
• The Colonial Roots of Criminal Procedure in the Philippines by Rossabi, Amy (1997) - In fact, Spanish laws permitted the defendant no civil rights but forced him to appear in court while the prosecution presented its case against him, with the burden of proof and production of evidence on the defendant.4' The state and elite interests predominated over individual rights. Spanish law, for example, gave the parish priests the right to suggest candidates for the juez de paz as well as access to the municipal court. Keywords: american; code; colonial; court; filipinos; general; government; jury; law; laws; note; philippines; procedure; right; spanish; states; supra; supra note; system; trial; u.s; united
• The Japanese Prosecutorial Justice and Its Limited Exclusionary Rule by Cho, Kuk (1998) - Although it is observed that Japanese suspects cooperate voluntarily in their prosecution,74 it would be more realistic to assume that individuals choose to cooperate taking into consideration the disadvantage that non-cooperation would bring. It is also necessary to note that there is no provision in Japanese law for release on bail during the pre-indictment stage of detention.87 Police are entitled to detain a suspect for up to 48 hours before they must refer him to a prosecutor or release him. Keywords: arrest; article; case; ccp; confession; constitution; counsel; court; criminal; defendant; detention; evidence; japanese; justice; law; note; police; procedure; prosecutorial; rights; sup.ct; supra; supra note; supreme; suspect; system
• A Brief Comparison of the Chinese and United States Securities Regulations Governing Corporate Takeovers by Chun, Benjamin (2019) - The target shareholders can withdraw their acceptance and can participate on a pro rata basis.1t - Finally, the tender offeror cannot buy target shares while the tender offer is outstanding.126 C. Implications for Corporate Governance The implications for corporate governance are that while the Chinese system provides greater protection from hostile takeovers for the target shareholders, it insulates the management of a publicly-listed company from external threats to their continued employment should the market 121. Prospective bidders monitor the performance of managerial teams by comparing a corporation's potential value with its value (as reflected by share prices) under current management. Keywords: art; bao; company; note; offer; regulations; securities; securities regulations; shareholders; shares; supra; takeover; target; tender
• Judicial Activism in the New Constitutional Court of Korea by Healy, Gavin (2000) - The petitioner in the 1997 case sought the invalidation of a tax imposed on him based on Article 23(4) but the Supreme Court refused to invalidate the tax, holding that the decision of the Constitutional Court was not binding upon it. Yet despite the lack of a tradition of effective constitutional review in Korea, the new Constitutional Court has made great strides in establishing its own institutional identity and securing its legitimacy. Keywords: article; constitution; constitutionality; court; court act; government; judicial; korea; law; note; power; review; supra; supreme court; unconstitutional
• Regulation and Compliance in Japanese Financial Institutions by Karai, Akiko (2001) - Financial institutions would communicate to the regulator to solve a problem it may have had privately, and financial regulators would communicate their private viev, which financial institutions voluntarily followed. Since the scandal involved most of the major securities firms, as well as other financial institutions and large corporations, the public demanded the establishment of a solid compliance environment for financial institutions. Keywords: administrative; april; bank; banking; business; communication; companies; company; compliance; credit; economy; financial; firms; fsa; government; group; incident; industry; inspection; institutions; japanese; june; law; laws; management; market; mof; new; note; profit; regulations; regulator; rules; securities; supra; system; times; tokyo; violation
• Chinese Mortgage Law: An American Perspective by Whitman, Dale A. (2001) - 1 While granted land use rights plainly fall short of fee simple absolute ownership as is common in the United States, 12 they nonetheless have very substantial value, and thus far have been regarded by mortgage lenders as tantamount to outright ownership. Such loans are termed non-recourse loans.24 It is fairly common for mortgage loans on commercial real estate in the United States to contain non-recourse clauses. Keywords: american; auction; borrower; buyer; chinese; debt; estate; foreclosure; interest; land; law; lender; liability; loan; market; mortgage; mortgage lender; mortgage loan; mortgage market; note; property; real; right; sale; security; seller; states; supra; supra note; transfer; united; use
• Why Indonesian Corporate Governance Failed–Conjectures Concerning Legal Culture by Tabalujan, Benny S. (2002) - However, my research found no report of any civil action initiated by depositors or the regulatory authorities against Bank Summa corporate officers or shareholders.v The second aspect of the Bank Summa collapse that requires consideration is the role of family relationships. Unfortunately, there has not been much published work on Indonesian corporate governance.' Keywords: asian; bank; bank pikko; bank summa; case; company; crisis; culture; development; duta; family; friedman; governance; indonesian; institutions; journal; jsx; law; market; model; note; paper; pikko; shares; soeryadjaya; summa; supra; supra note; system; william
• Competition Law and Patent Protection in Japan: a Half-Century of Progress, a New Millennium of Challenges by Harris Jr., H. Stephen (2003) - See generally JAPANESE PATENT OFFICE IMPLEMENTING GUIDELINES FOR EXAMINATION OF INDUSTRIALLY APPLICABLE INVENTIONS, 1.1 (Feb. 27, 1997), available at http://www.ipo-miti.go.io/infoe/txt/indstry-e.txt (listing inventions that are not considered to be patentable under the Patent Act, which include, but are not limited to: natural laws, as such; mere discoveries where the inventor does not create a technical idea; personal skill; aesthetic creations; and mere presentation of information).2 96 See Japan Fair Trade Commission, ANNOUNCEMENT OF STUDY GROUP CONCERNING PATENTS IN NEW AREAS AND COMPETITION POLICY, Mar. 22, 2002, available at http://www.iftc.go.ip! pressrelease/02.march/02032201.pdf. 37 See Japan Patent Office, TRENDS IN INDUSTRY PROPERTY RIGHT APPLICATIONS AND REGISTRATIONS (Aug. 2001), available at http://www.ipo.go.ip/tousie/1308-049.htm; Japan Patent Office, THE NUMBER OF APPLICATIONS AND REGISTRATIONS IN 2001 (Apr. 20, 2002), available at http://www.ipo.go.ip/tousie/report a r e.htm. Keywords: act; ama; antitrust; business; cartels; commission; companies; competition; competition law; competition policy; copyright; enforcement; fair; government; guidelines; industry; int'l; international; japan; japan fair; japanese; jftc; law; laws; licensing; market; new; note; patent; patent act; patent law; patent protection; policy; property; property law; protection; rev; rights; section; states; supra; supra note; system; technology; trade; trade commission; u.s; united; use
• Globalization, Patents, and Traditional Knowledge by Ghosh, Shubha (2003) - The application of intellectual property rights to items like traditional music and dance or signs and devices or know- how about medicine is arguably misguided. INT'L L.J. 249, 257-261 (2001) (discussing value of intellectual property rights including value of receiving compensation for uses of traditional knowledge by corporate entities). Keywords: average; basmati; case; copyright; domain; grains; india; knowledge; law; market; model; neem; note; patent; plant; property; property law; property protection; property rights; protection; public; rice; states; supra; trade; trips; turmeric; u.s; united; use; uses; world
• Legislating Rights: Basic Law Article 23, National Security, and Human Rights in Hong Kong by Kellogg, Tom (2004) - This relative quiet may have been due to a reluctance to be seen as too supportive of government proposals for fear of appearing either anti-democratic or overly willing to do the Chief Executive's bidding in the eyes of the public. In other words, a push for new legislation is not inconsistent with a move to increase the human rights protections of Hong Kong law. Keywords: article; beijing; consultation document; document proposals; draft law; government; government consultation; groups; hong kong; human; information; kong government; kong law; language; law; legislation; national; note; offense; proposals; public; rights; sar government; security; security law; treason
• National Markets and New Defenses: The Case for an East Asian Opt-in Takeover Law by Pak, Bliss Burdett (2007) - 52 The victory came in the Delaware courts and some state statutes granting company boards the right to just say no to a buyout offer, where they can do so consistent with their fiduciary duties to shareholders.53 Mr. Lipton now sees a second front emerging in the same battle: some regulators, academics and special-interest shareholders 54 are charged with demoniz[ing] the American corporation and mounting a more trenchant, multi-level and multi-jurisdictional attack on the ability of the board and management to manage effectively the corporation., 55 Mr. Lipton's battle is with proponents of shareholder empowerment; his Institutional View identifies the board of directors as the gatekeeper of significant business transactions. 412 I. INTRODUCTION The arrival of Anglo-Saxon source capital to East Asia has brought with it the debate over corporate takeover defenses and the appropriate allocation of power among shareholders and directors of public companies. Keywords: asian; bid; board; capital; companies; company; control; corporate; defenses; east; firms; law; markets; measures; new; note; offer; opt; pill; poison; shareholders; supra; takeover; value
• A Legal and Cultural Comparison of File-Sharing Disputes in Japan and the Republic of Korea and Implications for Future Cyber-Regulation by Letiner, John (2008) - During the Japanese occupation, Japan's formal copyright regime was administered directly, if not attentively, in Korea.30 After the end of the Japanese occupation of Korea in 1945, Japanese copyright law ceased to apply directly, 3I although the substance of the Japanese Copyright Act remained the effective copyright law under Ordinance No. 21 of the U.S. Army Military Government (inasmuch as Korea in this period could be said to have had copyright law 32) until SId. From the beginning of Korea's protectorate relationship with Japan through the post-occupation era, Japanese copyright law was enforced in Korea by Japanese decree, Japanese rule, or, in the chaotic years following Japan's withdrawal from the Korean peninsula, as the pre-existing default legal regime. Keywords: act; case; copyright; copyright act; copyright law; court; criminal; english; file; file rogue; industry; infringement; internet; interview; jan; japan; japanese; korea; law; music; music industry; note; professor; property; rights; service; sharing; software; soribada; south; supra; supra note; tokyo; u.s; university; users; winny; works
• The Under-Protection of Women Under Korean Criminal Law by Cho, Kuk (2008) - RAPE VICTIMS ARE NOT FULLY PROTECTED BY THE CRIMINAL PROCESS -------------------------- 131 A. RAPE VICTIMS AS SUSPECTED FLOWER SNAKES -------------- Second, it examines the experience of rape victims in the Korean criminal process and then briefly proposes and evaluates modifications for a new system of protection. Keywords: act; art; court; crimes; criminal; defendant; defense; korean; law; note; rape; supra; supra note; supreme; victim; violence; women
• Can the Intellectual Property-Human Rights Framework Bridge the Gap Between Vietnam’s Legal Reality and Rhetoric? by Phan, Christine T. (2008) - For Vietnam, gaining membership in the WTO created an obligation to ascribe to the WTO-administered Agreement on the Trade-Related Aspects of Intellectual Property (TRIPS), the multilateral treaty currently guiding international IP law.' Can the Intellectual Property-Human Rights Framework Bridge the Gap between Vietnam's Legal Reality and Rhetoric CAN THE INTELLECTUAL PROPERTY- HUMAN RIGHTS FRAMEWORK BRIDGE THE GAP BETWEEN VIETNAM'S LEGAL REALITY AND RHETORIC? Keywords: countries; cultural; framework; hr framework; human; international; law; laws; ldcs; note; property; protection; regime; rights; supra; supra note; trade; trips; u.s; vietnam
• Outsourcing Bayh-Dole to India: Lost in Transplantation? by Basheer, Shamnad; Guha, Shouvik (2010) - 2010] 273 COLUMBIA JOURNAL OF ASIAN LAW public interest safeguards: mandating affordable pricing of all products deriving from publicly-funded patents, making licensing of such patents compulsory in appropriate cases, favoring SMEs and local manufacturing, and vesting more discretion in the individual inventor to determine how to disseminate his invention.16 Some of these suggestions could be useful for other developing countries that are considering transplanting the U.S. Bayh-Dole Act to their respective legal regimes. 9 This might indicate that such patents were not commercially viable, mak- ing irrelevant whether the title vested with the government or with public- ly-funded institutions. Keywords: access; act; bayh; bill; committee; development; dole; dole act; dole bill; government; india; innovation; institutions; invention; journal; july; knowledge; law; legislation; licensing; note; patenting; patents; property; public; research; science; supra; technology; transfer; u.s; universities; university; use
• A Procedural Approach to Judicial Reform in Asia: Implications from Japanese Involvement in Vietnam by Kaneko, Yuka (2010) - The standard of proof required for civil law judges is considered higher than the pro- pensity of evidence applied in American law courts by the jury. After the constitutional amendments in 2001, fol- lowed by the Law on the Organization of the People's Court in 2002 im- plementing the vertical control by the SPC of personnel and budgetary administration of lower courts, it is often said that lower court judges are subject to both the SPC's vertical control and the local government's ac- tual influence. Keywords: approach; case; cassation; cassation decisions; civil; code; court; development; independence; japanese; judges; judgments; land; law; legal; lower; note; parties; procedure; procedure code; procedure law; reform; review; spc; supra; system; vietnam
• The Impact and Direction of National Standardized Sentencing Reform in China by Xiaoqin, Ye (2011) - 265 CONCLUSION 270 INTRODUCTION On October 1, 2010, the People's Republic of China (China) implemented nationwide reform to standardize criminal sentencing in the form of two landmark judicial documents with the goal of reducing unwarranted sentencing disparities and establishing relatively independent sentencing procedures. On that date, all Chinese courts implemented the Directive on Sentencing in the People's Courts (for Trial Implementation) (Directive on Sentencing),' promulgated by the Supreme People's Court (SPC); and the Opinion on Certain Issues of Standardized Sentencing Procedure (for Trial Implementation) (Opinion on Sentencing Procedure),' promulgated by the Two Supremes and Three Ministries.' These guidance documents, which provide strict standards and specific procedures for criminal sentencing, triggered full-scale standardized sentencing reform ( A M 011 r *) (liangxing guifanhua gaige) throughout the Chinese court system. Keywords: court; criminal; directive; factors; implementation; imprisonment; law; note; people; procedure; reform; rules; sentence; sentencing; sentencing factors; sentencing procedure; sentencing reform; spc; supra; trial; years
• How Aung San Suu Kyi Can Free Burma from Fear by Lwin, Michael (2011) - Nobel laureate Aung San Suu Kyi was released from house arrest soon after the elections. 'a More recently, Burma came very close to becoming a civilian-governed state when Aung San Suu Kyi's National League of Democracy party won the 1990 elections. Keywords: aung; aung san; british; burma; burmese; constitution; country; d. art; democracy; democratic; elections; ethnic; fear; general; government; groups; house; irrawaddy; junta; law; members; military; minorities; minority; myanmar; national; new; nld; note; party; people; power; right; rule; san suu; saw; secession; shan; state; supra; supra note; suu kyi; union; vol; war; win; years
• Book Review: Marites Dañguilan Vitug, Shadow of Doubt: Probing the Supreme Court by Nardi Jr., Dominic J. (2011) - Under the 1987 Constitution, Supreme Court justices must resign when they reach the age of seventy., 6 Chief Justice Puno's seventieth birthday fell on May 17, 2010, just a week after the upcoming general elections. Governor William Howard Taft, later U.S. president and Supreme Court Chief Justice, declared that no Filipino judiciary could have any adequate conception of what practical civil liberty is, and with a few notable 545 Columbia Journal ofAsian Law, Vol. 24, No. 2 (2011) In the mid-1930s, the U.S. established a commonwealth in the Philippines and allowed Filipinos to draft their own constitution. Keywords: arroyo; carpio; chief; corona; court; doubt; judicial; justice; law; note; philippines; president; puno; s.c; shadow; supra; supreme; supreme court; vitug
• Legal Diffusion and the Legal Profession: An Analysis of the Processes of American Influence on South Korea’s Lawyers by Chisholm, Neil (2013) - Because they have historically served as intermediaries between Korean law firms and multi-national corporate clients, they are involved in the transfer of knowledge to Korean lawyers. Periods of study in LLM programs in America, originally undertaken by individual lawyers at their own expense, have come to be institutionalized in Korean law firms as rites of passage for Korean lawyers aspiring to become kukje py6nhosa, international lawyers. Keywords: american; bar; clients; deal; diffusion; english; japan; kim; korean; law; law firms; lawyers; legal; note; practice; processes; profession; services; states; study; system; u.s; united; work; years
• Corporate Ownership and Governance Reforms in Japan: Influence of Globalization and U.S. Practice by Hayashi, Mizuki (2013) - The paper provides an analysis from both legal and social perspective, with a view of company as a decision-making group, and focuses on group cohesiveness of Japanese company derived from its ownership and employment structure. The analysis of recent ownership and board reform suggests that while ownership and board structure certainly converge toward Anglo-American style through the reform, the influence of the reforms on corporate governance is still limited or varies by firms, due to the high cohesiveness and conformity of Japanese companies derived from strong ties among their constituencies. Keywords: board; business; cohesiveness; companies; company; cross; decision; directors; employees; employment; firm; governance; group; high; japan; law; making; management; members; note; ownership; proposals; reform; shareholder; structure; supra
• International Criminal Law with Asian Characteristics by Chesterman, Simon (2014) - Simon Chesterman Abstract The history of international criminal law typically effaces Asian experience of the topic. Yet failing to engage with Asian experience also impoverishes our understanding of the possibilities and limitations of international criminal law. Keywords: africa; americas; asia; characteristics; court; crimes; criminal; east; eur; history; international; jurisdiction; justice; law; military; note; nuremberg; pac; parties; prosecutions; regional; rights; special; states; statute; tokyo; trials; tribunal; united; war; war crimes; weog; world
• Indonesian Land Rights and Development by Gold, Martin E.; Zuckerman, Russell B. (2014) - The single most important piece of legislation governing land rights is the Basic Agrarian Law No. 5 of 196o (BAL).' Ownership Rights Adat is essentially a communal approach to land rights, including land rights exercised by individuals with the consent of the community. Keywords: adat; bal; columbia; development; forest; government; hak; indonesia; journal; land; land rights; law; national; note; ownership; registration; rights; state; supra; supra note; system; title; use
• What Firms Want: Investigating Globalization’s Influence on the Market for Lawyers in Korea by Silver, Carole; Lee, Jae-Hyup; Park, Jeeyoon (2014) - Last, FLC status is mandatory only for foreign-licensed lawyers practicing with foreign law firms; it has not been interpreted at the time we write to require foreign- licensed lawyers practicing with Korean law firms or in corporate counsel positions to obtain an FLC license, although this may be reconsidered in the future. As described earlier, the data allows a comparison of three groups of lawyers: (i) Korean-licensed lawyers practicing with Korean law firms, (2) foreign- licensed lawyers practicing with Korean law firms and (3) lawyers practicing in Hong Kong on behalf of U.S.-based firms and concentrating on Korea-related matters. Keywords: bar; degree; education; elite; foreign; graduates; group; hong; kong; korean; law firms; law school; lawyers; market; new; note; practice; school; seoul; services; supra; u.s; women
• History and the Boundaries of Legality: Historical Evidence at the ECCC by Mamo, Andrew B. (2015) - But see DAVID CHANDLER, The Tragedy of Cambodian History Revisited, in FACING THE CAMBODIAN PAST, supra note 47, at 310, 316 (Over the next century or so French savants deciphered over a thousand Cambodian inscriptions, dated a similar number of ruins, and established the chronology of Cambodian history. Alvarez focuses on the impossibility of using court histories to achieve closure, while Wilson focuses on the possibility of achieving factual accuracy. Keywords: boundary; cambodia; case; chandler; context; court; crimes; day; democratic; eccc; evidence; history; issues; judgment; justice; kampuchea; khmer; law; note; past; process; role; rouge; society; supra; supra note; transcript; trial; trial day; work
• Controlled Semi-Presidentialism: The Case for Semi-Presidentialism Under the Indian Constitution by Gautam, Khagesh (2015) - ISee, e.g., V. Sudhish Pai, Justiciablity of President's or Governor's assent, (2012) 2 S.C.C. (JOURNAL) 1 at 4-5. Whereas the American President takes the following oath: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to be best of my Ability, preserve, protect and defend the Constitution of the United States,'6 the Indian President takes the following oath: 12 See, e.g. Election Process - Who elects the President, LIBRARY OF CONGRESS, http://www.loc.gov/teachers/classroommaterials/presentationsandactivities/presentati ons/elections/elecprocess.html (last visited July 2, 2015). Keywords: act; advice; aid; article; case; constitution; council; court; executive; governor; indian; justice; law; ministers; note; office; power; president; prime; singh; state; supra; supreme court
• Is There a Way in the Labyrinth of Treaty Norms Leading to the Applicable Rule?: Investor-State Investment Settlement under the China-Korea FTA, China-Japan-Korea BIT and China-Korea BIT by Qingjiang, Kong (2016) - no and to their Party and to National less favorable investments their treatment than that it treatment no less investments accords in like favorable than treatment no circumstances to that it accords in less favourable its own investors like circumstances than the and their to its own treatment it investments investors and their accords in like with respect to investments with circumstances investment respect to to its own activities. investment investors and 2 . Keywords: agreement; arbitration; article; bit; cjk bit; contracting party; dispute; enterprise; international; investment; investor; note; rights; shall; supra; supra note; treatment
• Tax Losses and Excessive Risk Taking under Limited Liability: A Case Study of the TEPCO Bailout after the Fukushima Nuclear Disaster by Nagato, Takayuki (2019) - Accordingly, this study theoretically examines the relationship between tax losses and limited liability. Ⅰ. INTRODUCTION ....................................................................... 141 Ⅱ. THEORIES OF TAX LOSSES AND LIMITED LIABILITY ................ 142 A. TAX LOSSES .................................................................... 142 B. LIMITED LIABILITY .......................................................... Keywords: act; compensation; corporation; damage; financial; income; law; liability; losses; note; nuclear; risk; shareholders; supra; supra note; taking; tax; tax losses; tepco
• Water Federalism, Tribunalization of Water Justice and Hydro-Politics: India’s Inter-State River Water Disputes Act at 65 Years by Puthucherril, Tony George (2022) - Water disputes between States are becoming more animated and highly volatile. Presently, four out of these nine have attained a semblance of finality.19 The remaining five continue to simmer, and water disputes between States are becoming more animated and highly volatile.20 At the same time, over these years, the per capita water availability has fallen drastically. Keywords: act; andhra; article; cauvery water; constitution; decision; development; disputes act; disputes tribunal; entry; government; india; inter; karnataka; krishna water; law; list; mahadayi; matter; ministry; narmada water; note; pradesh; report; river water; rivers; state; state government; state list; supra; supreme court; tamil; union; union government; water disputes; water federalism; water management; water resources; water tribunal; waters

• The Reasons for and Basic Principles in Formulating the Hong Kong Special Administrative Region Basic Law, and its Essential Contents and Mode of Expression by Youyu, Zhang (1988) - There are, however, two conditions: 1) the foreign nationals must hold Hong Kong SAR per- manent resident identity cards, and 2) they cannot serve as heads of major government departments (including the police) or as deputy- heads of certain departments.31 These points merit reiteration: the affairs of Hong Kong should be administered by Hong Kong people; the Central Government will not delegate people to administer them, and will not permit foreigners to hold administrative powers. Its members include Hong Kong people from all sec- tors of the community. Keywords: basic; government; hong; hong kong; kong; law; people; sar
• Several Issues Concerning the Relationship between the Central Government of the People’s Republic of China and the Hong Kong Special Administrative Region by Jianfan, Wu (1988) - The Central Government's powers, as stipulated by chapter two of the Collection include the following: (1) Responsibility for the foreign affairs of the Hong Kong SAR; 8 (2) Responsibility for the defense of the Hong Kong SAR;9 (3) Power to appoint the chief executive and principal officials of the executive authorities of the Hong Kong SAR;'0 (4) Power to review whether laws enacted by the Hong Kong SAR legislature conform to the Basic Law and to legal procedures;1 (5) Power to direct the Hong Kong SAR government to imple- ment certain national laws. But why can the state not confer residual powers on the Hong Kong SAR in order to put the Hong Kong people at ease? Keywords: basic; government; hong kong; kong sar; law; laws; powers
• A Study of the Political System of the Hong Kong Special Administrative Region under the Basic Law by Weiyun, Xiao (1988) - The policy of Hong Kong people administering Hong Kong (Gangren zhi Gang), should truly be put into practice so that the democratic participation of the Hong Kong SAR residents can develop in a gradual and orderly fashion. 4 While a political structure with centralized authority is appropri- ate to the British administration of Hong Kong, it is not suited to the gradual establishment and development of a democratic system in the Hong Kong SAR. Keywords: authority; declaration; executive; government; hong kong; kong sar; law; legislature; system
• The Political Organization of the Hong Kong Special Administrative Region by Chan, Thomas M.H. (1988) - Consequently, many people in Hong Kong believe that there is a real possibility that the Chinese citizens of Hong Kong may have only limited direct partici- pation in the selection of either the chief executive or the legislature of the new Hong Kong SAR government. Indeed, should the Basic Law, as eventually enacted by the NPC, stipulate methods for select- ing the chief executive and the legislature which do not allow for sig- nificant participation by the Hong Kong public through direct elections, such as consultation or a mixed mode of direct and indirect elections, it is possible that such a system of political organization, and arguably one less democratic to the extent that direct participa- tion by the citizenry is limited, could be frozen in place indefinitely, until such time as the Hong Kong SAR government under the one country, two systems principle is finally abolished. Keywords: chinese; government; hong kong; kong sar; sar government
• Changing Forces of Constitutional and Regulatory Reform in Taiwan by Jiunn-Rong, Yeh (1990) - In the field of constitutional reform, see J. SUNDQUIST, CONSTITUTIONAL REFORM AND EFFECTIVE GOVERNMENT (1986); M. WHICKER, R. STRICKLAND, & R. MOORE, THE CONSTITUTION UNDER PRESSURE: A TIME FOR CHANGE (1987). Constitutional reform may relate to changes in the constitutional regime establishing the power structure and the protection of funda- mental rights or it may relate only to reorientation of the regulatory system.3 Keywords: act; administrative; chinese; citizen; constitution; environmental; government; law; national; public; reform; regulation; taiwan; yuan
• Book Review: “Constitutional Confrontation in Hong Kong” & “The Future of the Law in Hong Kong” by Davis Macmillan, Michael C.; Wacks, Raymond (1990) - The Basic Law permits English to remain an official language.18 Nevertheless, there will be strong pressures to increase the use of Chinese, as Tomasz Ujejski relates in The Future of the English Language in Hong Kong Law. A draft Bill of Rights Ordinance was published in March 1990 which specifically incorporates most of the [4:179 BOOK REVIEW by such laws.6 Davis begins with and returns to a central question: who is to have power to interpret the Basic Law, given that Hong Kong's pow- ers of government are to be exercised in accordance with it.7 The Basic Law vests the power of interpretation in the Standing Commit- tee of the National People's Congress, which may then authorize Hong Kong courts to interpret those Basic Law provisions which are within the limits of the autonomy of the Region. Keywords: chinese; government; hong; hong kong; kong; law; people; rights
• Between Theory and Practice: The Possibility of a Right to Free Speech in the People’s Republic of China by Lin, Peter (1990) - This supposed causal relationship between rights theory and rights practice, and between collectivism and the absence of rights, is, in turn, predicated on the validity of the natural rights theory. By diverting citizens' attention away from the abstract academic debates on rights theories, the pragmatic concep- tion of rights can help the people of the PRC focus on the social and political transformation required to realize rights. Keywords: democracy; elites; government; interests; law; people; prc; rights; speech; supra note; theory
• Current Controversies on the Control of Religious Organizations in Japan by Okudaira, Yasuhiro (1996) - 110:127 CONTROL OF RELIGIOUS ORGANIZATIONS IN JAPAN Largely due to the antagonistic attitudes of religious organizations concerning amendments to the Religious Corporation Law, there has been no success in attempts to amend the law. If, however, as some politicians argue, the governmental dissolution of Aum Shinrikyo should be accomplished by whatever means necessary, including the application of the Subversive Activities Control Law3 or, as other politicians suggest, the amendment of the Religious Corporation Law of 1951' to strengthen governmental control of religious organizations, constitutional controversies about Article 20 of the Constitution of Japan, which guarantees religious freedom,5 would become unavoidable. Keywords: activities; article; aum; aum shinrikyo; bureau; control; corporation law; court; dissolution; freedom; government; japan; law; order; organization; party; religion; shinrikyo; state; tokyo
• Presidential, Parliamentary, or Combined System of Government: Comparison and Choice for China by Tan, Jian (1997) - Some states have tried to keep the merits and avoid the defects of the presidential and parliamentary systems by forming new combined systems. GOVERNMENT SYSTEM FOR CHINA Keywords: government; parliament; president; state; system
• Functioning Anarchy: India’s National Telecommunications Policy and the Development of Basic Telephone Services by Swaminathan, Rajesh (1997) - 42 Chief among these regulations was a competitive bidding procedure, which stipulated that private service providers, in conjunction with their foreign partners, could enter the sector by submitting competitive bids to install and run basic service networks in one or more of the twenty telecommunications Circles into which the DOT divided the country. For the purposes of this paper, I adhere to the Indian government's tacit definition of basic services as (typically wireline-based) voice telephony, but without subscribing to it. Keywords: bidding; bids; circles; columbia; dot; goi; government; india; lexis; liberalization; licenses; network; ntp; operators; policy; process; providers; reform; sector; services; telecommunications; telecommunications policy; telephone; trai; voice
• Caught in Confucius’ Shadow the Struggle for Women’s Legal Equality in South Korea by Cho, Erin (1998) - His efforts succeeded in appeasing Confucians who understood his actions as an expression of nationalism and respect for the nation's culture and history molded by Confucian tradition.'36 The Pan Korea Women's Group organized branches in all the major cities of the nation to raise consciousness of the need for family law reform.137 Through cartoons, dramatic presentations, posters, pamphlets, 130. COLUMBIA JOURNAL OF ASIAN LAW Elimination of All Forms of Discrimination Against Women' and revision of the family law, send a letter to every Assembly member demanding family law reform,'59 conduct lobbying activities in the National Assembly 158. Keywords: asian; assembly; children; columbia; confucian; confucianism; court; daughters; divorce; dynasty; equality; family court; family headship; family law; family system; government; husband; japanese; journal; kim; korea; korea women; law revision; lee; marriage; movement; national; new; park; property; rights; social; society; son; south; south korea; struggle; supra note; system; wife; women; year
• When Courts and Politics Collide: Mongolia’s Constitutional Crisis by Ganzorig, Gombosuren (2001) - See Parliament Speaker Sent Reply Note to Constitutional Court Chairman, OANA- MONTSAME, August 3, 2000. However, in recent years Mongolia's Constitutional Court has found itself at the center of a major controversy regarding the very structure of the political system. Keywords: amendment; constitution; court; decision; government; hural; law; members; mongolia; parliament; state
• Legal Reform and its Context in Vietnam by Quinn, Brian J. M. (2002) - According to courts statistics from national and selected provincial areas, court activity is evenly distributed among family matters (divorces, adoptions, etc), civil matters (including economic disputes between individuals and land disputes) and criminal cases. 'Serious' criminal offenses, serious violations of national law, matters involving land disputes, are specifically not to be resolved through a mediation or conciliation process. Keywords: administrative; arbitration; art; assembly; aug; cases; complaints; courts; dan; disputes; economic; enforcement; government; investment; judges; july; justice; land; law; level; local; luat; national; office; parties; people; phap; prosecutor; resolution; review; state; supreme; system; vietnam; vietnam investment
• Independence and Corruption in Korea by Erlich, Craig P.; Kang, Dae Seob (2003) - A public official is prohibited from giving and taking money as an appreciation or farewell gift from other public officials as well as from private citizens. Public sector corruption The elements of the crime of official bribery have been well described by other writers. Keywords: act; administrative; anti; article; assembly; audit; board; bribe; bribery; case; code; commission; corruption; financial; government; independence; inspection; institution; investigation; journal; kim; korea; law; matters; national; office; official; paragraph; person; president; prosecutor; public; punishment; whistle; won; years
• Corruption and Human Rights: Promoting Transparency in Governance and the Fundamental Right to Corruption-Free Service in India by Kumar, C. Raj (2003) - The law enforcement approach to attacking corruption is useful to the extent that bribery is not 9 Bunker Roy, The Power ofInformation - A Grassroots Organization in India Defeats Corruption, www.dse.de/zeitschr/de202-1 l.htm (last visited 9 November 2003) 10 Jaffrelot, supra note 3. For understanding the problem of corruption from a governance standpoint, see Hongying Wang & James N. Rosenau, Transparency International and Corruption as an Issue of Global Governance, 7 Global Governance,25, 25-49 (2001). Keywords: accountability; constitution; corruption; court; criminal; development; enforcement; governance; government; human; human rights; india; information; international; justice; law; november; people; problem; public; rights; rule; service; society; state; system; transparency
• Sex Trafficking in Cambodia by Schwartz, Abigail (2004) - Yet Cambodia women still face widespread discrimination. Recruitment Scholars of Cambodian sex trafficking agree that the recruitment and placement of women and girls into prostitution is a domestic practice, not yet governed by the international crime syndicates that operate in other parts of Asia.' Keywords: asia; brothel; cambodia; children; columbia; countries; country; derks; development; economic; education; exploitation; girls; government; human; industry; international; journal; labor; law; laws; nov; number; penh; percent; phnom; problem; prostitutes; prostitution; rights; sex trafficking; southeast; state; supra note; thailand; trafficked; trafficking; victims; women; world
• Anti-Speculation Laws and Their Impact on the Real Estate and Financial Markets: The Korean Case by Kim, Jasper (2004) - In terms of investors being driven from real estate property markets to other areas, one notable trend following the recent October 29, 2003 anti-speculation proposals is the shift of money into the land market (as opposed to the real estate property markets). The level of price increase in Korean real estate markets varied widely in Seoul depending on the region of Seoul in question, with little or no change in residential real estate prices in the Kangbuk (northern Seoul) region compared to somewhat more significant gains in the Kangnam (southern Seoul) region. Keywords: anti; area; bubble; capital; capital gains; economy; effect; estate; financial; gains; gains tax; government; increase; investment; investors; kangnam; korean; land; laws; market; new; prices; property; property tax; rate; seoul; short; speculation; tax; term; value; year
• Beyond the Four Walls in an Age of Transnational Judicial Conversations Civil Liberties, Rights Theories, and Constitutional Adjudication in Malaysia and Singapore by Thio, Li-Ann (2006) - This appeal to the influence of human rights law, in particular of customary law norms prohibiting the imposition of cruel, inhuman, and degrading treatment, stands in stark contrast to an extra-judicial comment made by Singaporean Chief Justice Yong Pung How: I am not concerned with international law. 2006] COLUMBIA JOURNAL OF ASIAN LA W Judge Ahmad noted the influence of human rights law on the common law in quoting Judge Brennan's observations with respect to international human rights norms in Mabo: The common law does not necessarily conform to international law, but international law is a legitimate and important influence on the development of the common law, especially when international law declares the existence of universal human rights. Keywords: act; appeal; approach; article; asian; bin; case; case law; columbia; constitution; convention; conversations; council; court; death; decisions; government; high; human; indian; international; journal; judge; justice; l. rep; l.j; land; law; malay; malaysian; order; parliament; principles; privy; prosecutor; protection; public; rep; rights; rights law; sing; singapore; speech; state; supreme; transna; u.s; values
• Colonial Continuities: Human Rights, Terrorism, and Security Laws in India by Kalhan, Anil; Conroy, Gerald P.; Kaushal, Mamata; Miller, Sam Scott (2006) - While pledging to remain aware of the interaction with human rights concerns, Greenstock stated that [m]onitoring performance against other international conventions, including human rights law, is outside the scope of the [CTC's] mandate, and that instead, [i]t is . . . See Jinks, supra note 20, at 323 n.38 (discussing state laws). Keywords: 20:1; act; antiterrorism; antiterrorism laws; asian; authority; bail; british; cases; central; columbia; committee; constitution; court; criminal; ctc; detention; detention laws; emergency; government; gujarat; high; human; human rights; independence; india; individuals; international; journal; justice; laws; new; offenses; parliament; police; pota; powers; prevention; prosecution; provisions; public; punjab; report; resolution; review; rights; rights committee; rights concerns; rights law; rights violations; security; security laws; state; state government; statement; supra note; supreme; tada; terrorism; time; u.n; united; use; years
• In the Shadow of the Khmer Rouge Tribunal: The Domestic Trials of Nuon Paet, Chhouk Rin and Sam Bith, and the Search for Judicial Legitimacy in Cambodia by Hall, John (2006) - Former Khmer Rouge who have defected have immunity. 2006] 239 COLUMBIA JOURNAL OF ASIAN LAW Municipal Court trial of Chhouk Rin, a former Khmer Rouge guerrilla, Chum Un, described the killings: They tied the foreigners with nylon string and the string for tying the cow. Keywords: amnesty; ana; article; bith; cambodian; case; chhouk rin; court; court trial; daily; doyle; government; international; judge; khmer rouge; law; military; municipal; nuon; nuon paet; paet; penh; phnom; rights; rouge tribunal; sam; sam bith; supra note; train; trial; tribunal; u.n; verdict; voar; witnesses
• Property Rights and Sustainable Development in India by Shankar, Aditya; Sanyal, Saptak (2009) - However, recent land acquisitions in India for various developmental projects have established an inherent correlation between land acquisition and concepts such as sustainable development and environmental impact assessment (EIA). The Indian Constitution allows each state to legislate on matters of land acquisition for a public purpose28 and regional state statutes specify the particular procedures for land acquisition in the concerned state. Keywords: acquisition; act; asian; assessment; compensation; development; draft; eia; environmental; government; impact; india; land; land acquisition; law; policy; public; section; state
• Human Trafficking in Asia: Increasing Individual And State Accountability Through Expanded Victims’ Rights by Willman, Mindy (2009) - The overall number of trafficking victims has at least stayed the same if not increased over the past eight years, since the enactment of the TVPA and the creation of the United Nations Trafficking Protocol.36 When the TVPA was enacted in 2000, the United States estimated the number of trafficking victims across 32 22 U.S.C. § 7107(d). In a criminal case, redress for trafficking victims can be sought under a range of recent laws .... Keywords: apr; asian; claims; government; human; international; law; protection; report; rights; states; supra note; tip; tip report; traffickers; trafficking; united; victims
• Constitutional Fiat: Presidential Legislation in India’s Parliamentary Democracy by Dam, Shubhankar (2010) - 48 Initially valid for six months, such ordinances were extendable for a further period not to exceed six months.49 Importantly, the federal legislature had no control over such ordinances; they only had to be laid before both Houses of Parliament in Westminster.o Finally, the provision for a Governor General's Act in Section 44 was truly an independent or parallel source of legislative power. For example, Pocker Sahib, who was troubled by the practices under the Government of India Act, 1935, sought to include a proviso in the draft article stating such ordinance shall not deprive any citizen of his right to personal liberty except on conviction after trial by a competent court of law. Keywords: act; article; constitution; court; effect; executive; government; india; judicial; justice; law; legislation; legislature; ordinance; pakistan; para; parliament; parliamentary; power; president; promulgation; review; satisfaction; section; state; subject; supreme; wadhwa
• Is Ramsar Home Yet? A Critique of South Korean Laws in Light of the Continuing Coastal Wetlands Reclamation by Kim, Rakhyun E. (2011) - Issues addressed in this Part include: (i) which actors are reclaiming coastal areas in Korea and why; (2) the responsible decision makers and relevant laws; and (3) each decision maker's role in coastal wetlands reclamation. Korean coastal wetlands are in serious jeopardy. Keywords: act; areas; art; coastal; conservation; convention; court; development; environmental; government; high; korea; law; laws; management; national; project; public; pwra; ramsar; ramsar convention; reclamation; reclamation act; use; waters; wca; wetlands; wetlands reclamation
• Speech, Structure, and Behavior on the Supreme Court of India by Chandrachud, Abhinav (2012) - It observes that a senior judge almost always writes the court's majority opinion, that dissenting and separate concurring opinions have declined in speech cases over the years, that the court was most pro-speech in its outcomes in the 198os, that the presence of the Chief Justice and the type of speech case involved have a statistically significant correlation with the outcome, and that certain types of speech cases are more prominent on the court's docket than others, although the court hears a variety of speech cases. For example, though I have not encountered such cases, it is possible that contempt of court cases, or other cases involving a free speech component, were not couched by the claimant or the court as free speech cases. Keywords: a.i.r; article; behavior; bench; benches; chief; concurring; constitution; court; court cases; court judges; das; decision; example; government; high; india; journal; judges; justice; law; majority; number; opinion; phase; s.c; singh; speech cases; state; structure; study; supreme court; u.s; union; variable
• In the Eye of the Beholder: A Comparative Study of Public Morality and Free Speech Across the Pacific by Dermott, Terrence (2013) - Finally, the Court noted that the 22 Ban on Improper Communication on the Internet Case, Constitutional Court The Supreme Court affirmed the obscenity conviction. Keywords: act; amendment; american; case; court; expression; government; information; interest; internet; korean; law; material; minors; obscenity; people; protection; public; sex; speech; state; supreme court; u.s; work
• Constitutional Reform in Japan by Ishizuka, Nobuhisa (2019) - 7, item 3 (Japan); see also Inoue, Japan Constitution, supra note 5, at 10 (“the government has effectively rationalized dissolving the Lower House in [cases other than no-confidence resolutions] by stretching the interpretation of Article 7, Item 3 . . . .”). See also Hideshi Tokuchi, Former Vice-Minister of Defense for International Affairs, Japan Ministry of Defense, Implications of Revision of Article 9 of the Constitution of Japan on the Defense Policy of Japan, Address at the Columbia Law School Conference on Constitutional Reform (Mar. 13, 2019) Keywords: amendment; article; commission; constitution; constitution commission; court; defense; document; government; hereinafter; interpretation; japan; japanese; judicial; law; legislation; power; process; reform; report; supra note; supreme; text; u.s; war; ward
• Japan's Constitution Across Time and Space by Gluck, Carol (2019) - Constitutions change by amendment but they also change by politics, by power, by “informal modes” of reinterpretation, often as in Japan within a framework of structural stability.57 Constitutional reform is a matter of historical time and transnational space. CONSTITUTIONALISM IN POSTWAR JAPAN Around the world and across two centuries, war spread constitutional ideas and impelled constitutional revision and replacement, whether after victory, defeat, or independence. Keywords: article; constitution; emperor; government; japan; japanese; law; meiji; new; people; press; revision; rights; time; university; world

• Judicial Inactivism in Protecting Financial Consumers against Predatory Sale of Retail Structured Products: A Reflection from Retail Structured Notes Lawsuits in Taiwan by Chao-Hung, Christopher Chen (2014) - Thus, structured note investors in Taiwan are technically not legal note-holders. In a way, structured note investors were the prey of local and foreign bankers. Keywords: art; association; bank; bankers; cases; consumer; contract; courts; customer; faxue; high; information; investment; investors; issue; judgment; lawsuits; notes; plaintiffs; product; risk; sale; sifayuan; structured; suitability; supra; taiwan; trust; ziliao

• Appendix: People’s Court Execution Rules by Clarke, Donald C. (1996) - Registration procedures should be undertaken for the docketing and the conclusion of execution cases. Execution cases must meet the criteria stated below in order to be accepted by the people's court. Keywords: article; case; court execution; court president; document; execution article; execution debtor; execution officer; law; people; property; ruling
• Seoul Conference on International Trade Law: Integration, Harmonization, and Globalization by 1996, Conference (1996) - As a Korean I think that this is a very good idea, but as a member of the world citizenry, I recognize that the issue of labor rights or human rights seems to be quite removed from international trade law rules. 10 FALL 1996 NO. 2 SEOUL CONFERENCE ON INTERNATIONAL TRADE LAW: INTEGRATION, HARMONIZATION, AND GLOBALIZATION In July 1995, the Center for Korean Legal Studies at Columbia University School of Law and the American Studies Institute at Seoul National University, in conjunction with support from the Samsung Group, held a conference on issues of international trade law in Seoul, Korea, attended by academics and practitioners from the United States and Korea. Keywords: apec; article; columbia; competition; conference; countries; country; free; gatt; harmonization; issues; korea; labor; law; people; policies; policy; process; professor; question; round; rules; seoul; trade; trade law; u.s; way; world; wto
• Defensive Use of Prior Art to Exonerate Accused Acts in U.S. and Chinese Patent Litigation by Lau, Timothy (2013) - CONCLUSION There are two forms of prior art defenses that may be used in patent litigation. In an earlier article,2 we have discussed the offensive use of prior art to invalidate patents in U.S. and Chinese patent litigation. Keywords: art; art defense; chinese; chinese patent; claim; court; defendant; doctrines; infringement; litigation; patent; patent law; patent litigation; people; practicing; scope; technology; technology defense; u.s

• An Uncommon Case of Bigamy; An Uncommon Constitutional Interpretation by Li, Nigel N. T.; Fan, Joyce C. (1990) - The Council's Authority to Review a Supreme Court Judgment As mentioned, Council Interpretation Shih-242 was the first case in which the Council directly reviewed and overturned a Supreme Court Judgment.24 To reach a decision favorable to Deng, the Coun- cil could simply have declared article 992 unconstitutional. [4:69 BIGAMY Supreme Court in Council Interpretation Shih-242 decided to con- form its decision on retrial to the Council's decision. Keywords: article; council; court; interpretation; judgment; law; marriage; shih-242; supreme; supreme court
• Korean Constitutionalism and the Special Act to Prosecute Former Presidents Chun Doo-Hwan and Roh Tae-Woo by Waters, David M. (1996) - December 19, 1995 National Assembly passes May 18th Special Act. Ultimately, in a rare show of cooperation, the ruling and opposition parties (minus Kim Jong Pil's United Liberal Democrats) combined their votes to pass the Act into law by a vote of 225-20.6 Relevant portions of the Act follow: Special Act Concerning the May 18th Democratization Movement Article I (Purpose) Keywords: act; chun; constitution; court; crimes; december; kim; korean; kwangju; law; legislation; limitations; military; office; president; prosecution; roh; ruling; statute
• Comparative Responses to Self-Dealing Transactions: The United States and the Philippines by Roman III, Antonino B. (1997) - COLUMBIA JOURNAL OFASIAN LAW corporation (intra vires) and the authority of management, and involves the exercise of due care and compliance with applicable fiduciary duties.2 Where, however, a director or officer breaches his fiduciary duties of good faith and fair dealing, 3 as by profiting at the expense of the corporation, then the business judgment rule ceases to operate.4 For this reason, transactions apparently between two or more decision-makers but actually involving only one, i.e., self-dealing transactions, will not only subject these transactions to severe judicial scrutiny but also exclude interested directors or officers from protection. See Revised Model Business Corporation Act (RMBCA),§ 8.62 (c), which likewise excludes interested directors in determining the presence of a quorum. Keywords: approval; board; code; company; contract; corporation; court; dealing; directors; fairness; interest; law; section; self; transaction; vote
• The Director’s Duty of Care: A Comparative Analysis of Delaware and Singapore Laws by Huan, Julie L.Y. (1998) - A COMPARATIVE ANALYSIS OF DELA WARE AND SINGAPORE LA WS JULIE L.Y. HUAN* I. INTRODUCTION In a typical corporation,' the board of directors is charged with the function of managing the corporation's business. Therefore, ownership and control are separated with ownership of the businesses being concentrated in the hands of those who possess funds (shareholders) and management in the hands of those who have managerial skills (directors). Keywords: business; care; corporation; court; decision; delaware; directors; duty; law; rule; singapore; singapore court
• Of Consummation, Matrimonial Promises, Fault, and Parallel Wives: The Role of Original Texts, Interpretation, Ideology and Policy in Pre-and Post-1962 Burmese Case Law by Zan, Myint (2000) - See Maung Maung supra note 9, at 59. Chief Judge Maung Maung stated that under the stated circumstances a suit for damages for breach of promise would lie against the male [appellant Maung Ko Gyi]. Keywords: act; article; author; british; buddhist; burma; burmese; case; case law; chief; court; daw; daw kyi; decision; dhammathats; divorce; e maung; gyi; husband; huxley; judge; kyi; kyi kyi; law; man; marriage; maung ko; maung maung; mya; original; ruling; sein; supra note; thein; u mya; wife
• Revisiting the Regulatory Framework of Capital Markets in Malaysia by Low, Chee Keong (2001) - If this is indeed so, it would put the SC completely at odds with the three core objectives in the regulation of securities markets as agreed to by the members of the International Organization of Securities Commissions, 66 (hereafter the IOSCO): The protection of investors; 64. 14 SPRING 2001 NO. 2 REVISITING THE REGULATORY FRAMEWORK OF CAPITAL MARKETS IN MALAYSIA CHEE KEONG Low I. INTRODUCTION .............................................................................. 278 II. Keywords: act; capital; capital market; court; decision; exchange; financial; futures; industry act; law; malaysia; market; powers; privilege; public; securities; securities commission; securities court; securities industry; securities regulation
• Don Quixote or Robin Hood: Minority Shareholder Rights and Corporate Governance in Korea by Lee, Boong-Kyu (2002) - In fact, the leader of the civic group behind the suit has claimed to have been compared to Hitler and Stalin in newspaper columns5 and in various media outlets has been accused of being a mouthpiece of a People's Revolution to overturn capitalist society.6 A similar, but less inflammatory comparison may be Don Quixote - tilting at windmills and doing battle in the name of minority shareholder rights, but The role of the civic movement in the evolution toward global governance norms is evaluated and the primary statutory tools of minority shareholder rights will be examined. Keywords: act; action; article; capital; case; company; corporation; court; demand; directors; electronics; korea; meeting; minority; rights; samsung; shareholder; shares; total
• Custody Decisions in Social and Cultural Contexts: In-Depth and Focus Group Interviews with Nineteen Judges in Taiwan by Liu, Hung-En (2004) - CONCLUSION -------------------------------- 302 I. INTRODUCTION AND RESEARCH PURPOSES In 1996, Taiwan adopted the best interests of the child standard to substitute for the presumption of paternal custody in deciding child custody cases.' The findings attest that Taiwan's court decisions on child custody cases actually reflect many cultural ideas, such as stereotyped gender roles, family autonomy, a sense of face, all-or-none custody, and the tradition of parents' long-term financial support for their children. Keywords: cases; child; child custody; child support; children; court; custody; custody cases; custody decisions; divorce; family; family cases; interests; interview; judges; law; litigants; parents; reports; support; supra note; taiwan; women; workers
• An Overview of Problems Concerning Political Donations in Japan by Misawa, Mitsuru (2008) - An Overview of Problems concerning Political Donations in Japan AN OVERVIEW OF PROBLEMS CONCERNING POLITICAL DONATIONS IN JAPAN MITSURU MISAWA* I. INTRODUCTION ------------------------------- 162 II. Political donations are classified by donor into two groups: corporate donations and personal donations.1 Under current law, corporate donations are often viewed as collusion between business entities and politicians. Keywords: art; companies; contributions; corporations; court; decision; donations; foreign; japan; japanese; kumagaigumi; law; shareholders; steel
• International Human Rights Law in Japan: The View at Thirty by Webster, Timothy (2010) - COLUMBIA JOURNAL OF ASIAN LAW Japan has incorporated international human rights law in various ways over the past thirty years. 6 It is perhaps most correct to say that the effect of international human rights law in Japanese courts is contextual, dependent on the existing state or absence of law, whether the law is constitutional or statutory, the preci- sion of the treaty obligation at issue, the nature of the alleged violator (government or private person), and the type of conduct (action or omis- sion).7 To this list, one could add that an individual judge's favorable disposition to international human rights law also plays a role. KENPO, art. Keywords: cerd; convention; court; diet; discrimination; domestic; effect; human; iccpr; icescr; japan; japanese; judges; law; rights; rights law
• China’s New Exclusionary Rule: An Introduction by Ruihua, Chen (2011) - 13. 237 238 Columbia Journal ofAsian Law, Vol. 24, No. 2 (2011) testimony presented as prosecution evidence, the prosecution bears the burden of proving that the testimony was obtained by legal means, against a challenge and application to exclude by the defense. A judge excluding prosecution evidence central to a criminal case will necessarily face both internal and external pressures. Keywords: art; case; court; criminal; evidence; evidence regulations; exclusion; law; prosecution; regulations; rule
• Case Comment: Greenmail, Japanese Style by Milhaupt, Curtis J. (2012) - Company B [Ianome Sewing Machine Company] is a company that manufactures and sells 6 West, Information, Institutions, Extortion, supra note 4. ' Olympus Corporation hid more than s. 5 billion of investment losses during the tenure of two company presidents. The case arose when a shareholder of Company B filed a shareholder derivative suit against five directors and managers of Company B, Yi, Y2, Y3 , Y4 , and Y5, for breach of the duties of care and loyalty and for offering a benefit in respect of the exercise of shareholder rights in violation of the Commercial Code, Art. 294-2, para. Keywords: case; company; company b; court; directors; janome; japanese; shareholder; shares; supreme; yen
• The Standards of Judgment for Dispute Resolution in Financial ADR of Japan by Yanase, Shuji (2013) - Disputing Parties' Needs If customers who are parties to financial ADR disputes do not accept the standards as being reasonable, the financial ADR system will end up as just an idea on paper without being used in practice. The United Kingdom adopted financial ADR systems prior to Japan. Keywords: act; adr institutions; adr procedures; adr promotion; adr system; arbitration act; article; civil; conciliation; conciliation act; conciliation proposal; court; dispute resolution; financial adr; japan; judgment; law; laws; ombudsman; parties; proposal; resolution institutions; resolution procedures; resolution system; service; standards
• The Brown Moment in Taiwan: Making Sense of the Law and Politics of the Taiwanese Same-Sex Marriage Case in a Comparative Light by Kuo, Ming-Sung; Chen, Hui-Wen (2017) - We shall discuss why the Same-Sex Marriage Case marks the Brown, not Obergefell, moment in the TCC history, suggesting that Taiwan will be entering a new era of constitutional law and politics as the legitimacy of the TCC comes into the limelight. In contrast, in its “modern” variety, constitutional avoidance means that courts should try to interpret statutes so as to avoid questions of constitutional law. Keywords: authority; brown; case law; cases; chi; civil; columbia; constitution; court; decision; english; freedom; gay; gay marriage; gays; interpretation; issue; journal; judicial; justice; law; legitimacy; lesbians; marriage case; marriage equality; moment; new; obergefell; opinions; politics; principle; public; review; rights; role; sex couples; sex marriage; style; supra note; supreme court; taiwan; tcc; tcc case; u.s; vol
• Regulations on Japanese Video Games for Protection of Children in Japan by Tsuji, Yuichiro (2018) - In the beginning, several game makers tried to manage game regulations by themselves, first by setting a ceiling on how much money users may use as well as an age verification filter for minor users. For game regulation in Japan, the legislative committee may reach a consensus in order to protect children from illegal matters, such as defamation, privacy infringement, and obscenity. Keywords: act; art; children; constitution; court; freedom; game; japanese; law; rating; regulation; review; saibansho; supreme; system; video
• Apartment Buyers as Financial Creditors: Pushing the Conceptual Limits of the Indian Insolvency Regime by Mohan, M P Ram; Raj, Vishakha (2020) - Though the judgment largely dealt with the characteristics of financial creditors who were not individuals (such as banks) it did not excuse individual lenders from meeting the criteria the IBC sets out for being called a financial creditor.91 The only manner in which individual financial creditors differed from other financial creditors was that they would be represented by an insolvency professional because they tended to be numerous.92 [Vol. 33:219 In Swiss Ribbons, it was noted that out of the 80 cases which had been resolved since the IBC came into force, operational creditors have not only been paid before financial creditors in resolution plans but also recovered slightly more than the financial creditors.186 While predicting the type of impact allottees would have on CoC meetings is outside the scope of this paper, it would be reasonable to say that most allottees (especially apartment buyers) will be dependent on other financial creditors to adjust their loans or commit extra funds to keep a real estate developer alive as a going concern. Keywords: allottees; amendment; apartment; apartment buyers; buyers; company; court; creditors; developers; estate; financial; ibc; india; insolvency; insolvency law; law; money; nclt; scc; section
• Auditors’ Negligence and Professional Misconduct in India: A Struggle for a Consistent Legal Standard by Mohan, M P Ram; Raj, Vishakha (2021) - The auditor argued that he had proceeded based on the Articles of Association of the Company which allowed managing agents to continue their engagement with the company until they were removed because of misconduct or upon becoming insolvent.121 The Madras High Court noted that while the auditor had committed an error of judgment, he could not be held liable for gross negligence.122 The Category I approach offers the same leeway to auditors in case auditors have committed an error in interpreting the law. For auditors, a finding of professional misconduct through disciplinary proceedings can result in suspension or expulsion from the profession. Keywords: accountants; act; auditor; case; chartered; court; decision; high; high court; india; misconduct; negligence; professional; sat; sebi
• Protection of Personality Rights Under Korean Civil Law by Kim, Jae Hyung; Cho, I.Y. Joseph (2017) - THE CONCEPT OF PERSONALITY RIGHTS AND ITS SCOPE OF PROTECTION A. Concept of Personality Rights The judiciary and legal scholars of Korea both acknowledge the concept of personality rights. While the Korean population enjoys the advent of an era marked with easy and fast access to mass communication, infringement of personality rights including honor, 1 privacy, and personal data has emerged as a serious issue of concern for the legal community. Keywords: act; article; case; civil; code; constitution; court; dead; defamation; expression; figure; freedom; honor; infringement; korean; law; personality rights; press; privacy; protection; public; s. ct; s. kor; seoul; sep; supreme court

• Cabinet Rule in the Republic of China: A Constitutional Argument by Fu, Hu (1990) - The third relationship refers to the institutionalization of checks and balances between different authori- tative bodies engaged in the exercise of political power. Notwith- standing the type of democratic system which actually exists, consti- tutionalism requires a clear separation of power and responsibility. Keywords: cabinet system; constitution; power; president; provisions; system

• Laws and Regulations on Problem Loans in Japan – Is Application of International Accounting Standards Possible? by Misawa, Mitsuru (2004) - Japanese accounting standards were of course not built overnight but are rooted in a long history and are deeply entangled with other regulations. 8 1.5 ACCOUNTING FOR CONTINGENCIES, Statement of Financial Accounting Standards No. 5 (Financial Accounting Standards Bd. 1975) is summarized as follows: This Statement establishes standards of financial accounting and reporting for loss contingencies. Keywords: accounting; accounting principles; accounting regulations; accounting standards; article; asset; banks; code; commercial; exchange law; financial; international; japan; japanese; law; loans; loss; notice; ordinance; problem; regulations; reserve; securities; statements; tax; u.s
• Criminalization of Drug Trafficking in Vietnam: Developments and Challenges by Nguyen, Hoa Phuong T.; Rose, Gregory L. (2016) - Second, in its main body, the paper analyzes the compliance achievements and shortcomings of Vietnamese criminalization of drug offences prescribed by t he DCC standards. An example is the Vietnamese offence of unlawful manufacture of narcotic substances. which covers a wide range of DCC-prescribed conduct, including production, manufacture, extraction and preparation of narcotic drugs and psychotropic substances. Keywords: article; chong; control; convention; crimes; criminal; drug; international; law; ma tuy; narcotic; nguyen; offences; phong chong; rna; substances; trafficking; tuy; use; vietnam; vietnamese; years
• Rhetoric and Realism: The First Diet Debates on Japan's Military Power by Smith, Sheila A (2019) - The Liberal and Kaishinto leaders agreed in principle on what sort of military Japan needed and how it would align itself in the growing tensions of the Cold War. He argued that at the time, the National Safety Force was focused on ensuring domestic stability and the possible interference by foreign nations in destabilizing Japan. Keywords: article; committee; defense; diet; force; house; japan; japanese; military; national; party; safety; self; u.s; war; yoshida
• Implications of Revision of Article 9 of the Constitution of Japan on the Defense Policy of Japan by Tokuchi, Hideshi (2019) - On December 20, 2018, a P-1 patrol aircraft of Japan’s Maritime Defense Force was flying within Japan's exclusive economic zone (EEZ) in the Sea of Japan as part of ordinary intelligence collection and warning and surveillance activities when it observed a destroyer, and a patrol and rescue vessel of the Republic of Korea (South Korea). But this incident reminded the Japanese public witnessing the video, released by the Ministry of Defense at the end of 2018, that there existed a gap between the reality and the constitutional requirement.4 Japan has its armed forces while Article 9 of the Constitution prohibits “land, sea, and air forces, as well as other war potentials.” Keywords: article; constitution; defense; force; japan; japanese; military; security

• The Basic Rights and Obligations of Residents of the Hong Kong Special Administrative Region by Shuwen, Wang (1988) - THE CHARACTERISTICS OF THE BASIC RIGHTS AND OBLIGATIONS OF RESIDENTS OF THE HONG KONG SAR According to the Collection, the essential characteristic of the basic rights and obligations of Hong Kong SAR residents is embodied in the concept of one country, two systems. In addition, an entire chapter (chapter three) is devoted to the funda- mental rights and obligations of Hong Kong SAR residents. Keywords: hong kong; kong residents; kong sar; law; residents; rights; sar residents

• Going Public and Listing of Life Insurance Companies on Stock Markets and Profit Sharing in Korea: A Legal Study by Park, Semin (2000) - Recently, the listing of life insurance companies on the Korean stock market has become the center of the debates across the nation. AL., PUBLIC LISTING OF LIFE INSURANCE COMPANIES, KOREAN INSTITUTE OF FINANCE 7-9 (1999). Keywords: capital; company; insurance companies; korea; life insurance; listing; profit; public; samsung life; shareholders; stock; subscribers; won
• The Brave New World of Lawyers in Japan: Proceedings of a Panel Discussion on the Growth of Corporate Law Firms and the Role of Lawyers in Japan by Aronson, Bruce E. (2007) - The limited number of Japanese law firms that engaged in this corporate work were called international offices (shc5gai jimusho). 12 The founding partner of one of the leading Japanese law firms in Tokyo has written that the shortage of lawyers is the most fundamental problem facing Japanese law firms in light of the recent rise in demand for business lawyers. Keywords: activities; aronson; attorneys; bar; business; firms; foreign; international; japanese; law; law firms; lawyers; merger; new; number; practice; professor; public; role; time; work; world
• Regulating Wireless Communications Towers: Taiwan’s Experience in Comparative Perspective by Peng, Shin-yi (2009) - Base stations can be a few hundred meters apart in major cities or several kilometers apart in rural areas.4 From a legal perspective, those base stations, antenna and radio waves are subject to substantive and procedural rules.5 This paper focuses on the conflict between operators and the community, common approaches used to regulate base stations and their associated problems, as well as the procedural issues of granting permission for cellular tower construction. Keywords: antenna; base; base stations; decision; health; information; mobile; phone; public; regulations; service; stations; taiwan; telecommunications; towers; wireless
• The Indian Anomaly: Rethinking Credit Rating Agency Regulation from the Economic Perspective of Hyman Minsky by Kirshner, Jodie A. (2013) - India can aid in understanding whether the agencies can still be relied upon as private gatekeepers in financial markets, or whether public institutions must take primary responsibility. It helps to illuminate whether private actors such as CRAs can be relied upon to regulate financial markets, so long as their incentives are aligned correctly, or if public institutions must instead retain primary responsibility for governance. Keywords: agencies; agency; columbia; conflicts; cras; credit; credit rating; crisis; debt; economy; finance; financial; hearings; hyman; india; infra; interest; investors; issuers; law; market; minsky; new; notes; paper; products; public; rating; rating agencies; regulation; regulators; securities; supra note; text; working
• Protecting the Public and Our Physicians' Interests: A Proposal to Rectify Inconsistencies and Develop Guidelines on Physicians' Disclosure of Patients' Health Data to Third Parties in Thailand by Direksoonthorn, Khajorndej (2021) - Keywords: health data governance in Thailand, disclosure of patients’ health data to third parties, physician’s duty of health data disclosure  On the other hand, it may cause Thai physicians concern and even misconception regarding the disclosure of the patients’ personal health data to third parties. Keywords: act; b.e; data; data protection; disclosure; duty; health; health act; health data; health information; information; law; patient; personal; public; thai

• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1996) - Contributions can be sent to: Columbia Journal of Asian Law, Columbia Law School, 435 West 116th Street, New York, NY 10027. In-Kie Hong ASPIRING TO EXCEL - THE UNEASY CASE OF IMPLEMENTING TAIWAN'S ASIA-PACIFIC REGIONAL OPERATIONS CENTER PLAN Lavrence S. Litt LECTURE DRAFTING THE UNIFORM CONTRACT LAW IN CHINA Ping Jiang COMMENTARY INTRODUCTION TO THE ADMINISTRATIVE PENALTY LAW OF CHINA Dingiian Cai 259 NOTE LIMITED LIABILITY IN CHINA: A PARTIAL READING OF CHINA'S COMPANY LAW OF 1994 THE SHANGHAI EXCHANGE SCANDAL AND CHINESE BONDS LAW Chuan Roger Peng Timothy Tingkang Xia 281 245 ACKNOWLEDGEMENT The Columbia Journal of Asian Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. Keywords: center; columbia; editor; journal; law
• The Columbia Journal of Asian Law by CJAL Editorial Board (1996) - Our heartfelt thanks and appreciation go to: Jong C. Lee, Editor-in-Chief Warren Huang, Executive Editor Andrea Goodman, Managing Editor Christine Tam, Articles Editor Michael Schlesinger, Senior Articles Editor Jin Tao, Submissions Editor Laura S. Sarah, Notes Editor Lela Bristol, Articles Editor Matthew Cooley, Articles Editor Dihn Doan, Articles Editor Srinandan Kasi, Articles Editor Frederick Lim, Articles Editor Alan Seem, Articles Editor Youngjin Sohn, Articles Editor George Yu, Articles Editor Introduction Columbia University i.e Cityof New York I New York N.Y. 10027 Columbia Journal of Asian Law Tel: (212) 2&.,0- 16 Columbia University School of Law Fax: (212) 854-7946 435 West 116th Street Emil: nnlaw0lawx.coumbiaedu New York, NY 10027 btp./w.columbiaerd!,tcuastaweb It is with great pride and pleasure that we present the inaugural issue of the Columbia Journal ofAsian Law. Keywords: columbia; journal; law
• TOC, Acknowledgement, Masthead, Editor's Note by CJAL Editorial Board (1996) - 10 FALL 1996 NO. 2 Board of Directors R. RANDLE EDWARDS JEONG-HO ROH MICHAEL K. YOUNG Editor-in-Chief ROBERT E. PHAY, JR. Executive Editors JAMES LARISH TINGKANG XIA Managing Editors EMILE HSU MARK HSU Senior Articles Editors VIRGINIA TAM KIRK Contributions can be sent to: Columbia Journal of Asian Law, Columbia Law School, 435 West 116th Street, New York, NY 10027. Keywords: articles; columbia; editor; journal; law
• TOC, Acknowledgement, Masthead, Editor's Note by CJAL Editorial Board (1997) - Editor-in-Chief Robert E. Phay, Jr. Executive Editors James Larish Tingkang Xia Managing Editors Emilie Hsu Mark Hsu Senior Articles Editors Virginia 11 SPRING 1997 NO. 1 Board of Directors R. RANDLE EDWARDS JEONG-HO ROH MICHAEL K. YOUNG Executive Editor ALBERT SHEU Editor-in-Chief DALI DING Managing Editor GEoFF MUKAE Submissions Editor WENSENG PAN Subscription Editor ALISSA PARK Finance Editor AMIsHA MODY roduction & Technology Editor LAVESH SATrANI Notes Editors JAno CHO HAKSOO Ko QCHUN AHN RICH BOYDEN JAY CHOI GERALDINE ACUNA NOAH BRUMFIEL_ CHYI CHEN MINDING SIoN Kim PAUL LEE Articles Editors KENJiIDA GREG OSTLING KYUNG-NAM SHIN Editors ENOCH LIANG JULIA LIN RANDALL LOWE TAM PHAM HYUN SHIN XUAN ZHANG JAN ZHU KIM-ANH TOMSEN ZHAOHUI WANG TIFFANY WILLIAMSON BErriNA YIP CYNTHIA YUAN YUUN ZOU EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal of Asian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. Keywords: asian; columbia; editor; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1997) - Contributions can be sent to: Columbia Journal of Asian Law Columbia Law School 435 West 116th Street New York, NY 10027. EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal of Asian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. Keywords: asian; columbia; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1998) - Contributions can be sent to: Columbia Journal of Asian Law Columbia Law School 435 West 116th Street New York, NY 10027. EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal of Asian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. Keywords: columbia; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1998) - A COMPARATIVE ANALYSIS OFDEL4AWARE AND SINGAPORE LAWS J11 Erin Cho 125 aodong Jiang Xiin Wang lie L. Y Htan 279 ACKNOWLEDGMENT The Columbia Journal of Asian Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal ofAsian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. Keywords: columbia; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1999) - Contributions can be sent to: Columbia Journal of Asian Law Columbia Law School 435 West 116th Street New York, NY 10027. 13 SPRING 1999 NO. 1 CONTENTS ARTICLES FUNDAMENTAL PRiNCIPLES OF CHINA'S CONTRACT LAW Wang Liming & Xu Chuanxi I A VULNERABLE JUSTICE: FINALITY OF CIVIL JUDGEMENTS IN CHINA Nanping Liu 35 THE INTERNET IN CHINA Richard Cullen & Pinky D. W. Choy 99 PRIVATE SECURITIES LITIGATION IN CHINA: OF PROMINANCE AND PROBLEMS Wenhai Cai 135 ACKNOWLEDGMENT The Columbia Journal of Asian Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. Keywords: columbia; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1999) - A RE-INVESTIGATION FOR CHINA THE BURGEONING SECURITIES INVESTMENT FUND INDUSTRY IN CHINA: ITS DEVELOPMENT AND REGULATION Tao Rong 153 LaifanLin 185 Tingting Tao 203 ACKNOWLEDGMENT The Columbia Journal ofAsian Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal ofAsian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. Keywords: columbia; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (2000) - EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies, and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal of Asian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. A LEGAL STUDY OF CONSUMMATION, MATRIMONIAL PROMISES, FAULT, AND PARALLEL WIVES: THE ROLE OF ORIGINAL TEXTS, INTERPRETATION, IDEOLOGY AND POLICY IN PRE- AND POST- 1962 BURMESE CASE LAW NOTES JUDICIAL ACTIVISM IN THE NEW CONSTITUTIONAL COURT OF KOREA LAUNCHING THE PHNOM PENH STOCK EXCHANGE: TOWARD A LEGAL FRAMEWORK FOR LAUNCHING A STOCK EXCHANGE IN AN UNDERDEVELOPED COUNTRY Robin Munro Semin Park Myint Zan 153 Gavin Healy 213 Jason Gottlieb 235 ACKNOWLEDGMENT The Columbia Journal ofAsian Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. Keywords: columbia; editor; journal; law
• Table of Contents & Masthead by CJAL Editorial Board (2019) - 137 Takayuki Nagato COLUMBIA JOURNAL OF ASIAN LAW Editorial Board 2018-2019 Editor-in-Chief Duncan Hurst Hardock Managing Editor Charlie Lin Submission and Production Editors Xochitl Honoria Roma Helen Wang Business Editor Shaoting Qin Yohan John Balan Min Chung Haojun Feng Letian Ge Allison Houston Terry Huang Benjamin Liebman Articles Editors Theodore Cohan Matthew Jonathan Zhu Staff Editors Omar Kanjwal Anja Kong Keliang Lu Michael Pan Daniel Park Board of Directors Jeong-Ho Roh Director Emeritus R. Randle Edwards Bradford Olson Minah So Lillian Sun Brian Tratner Monica Wang Nobuhisa Ishizuka COLUMBIA JOURNAL OF ASIAN LAW VOLUME 32 SPRING 2019 NUMBER 2. Keywords: columbia; editors
• Table of Contents, Masthead, & Publication Information by CJAL Editorial Board (2015) - All correspondence should be sent to: Columbia Journal of Asian Law Columbia Law School 435 West 116th Street New York, NY 10027 jmasian@law.columbia.edu The views expressed in the articles, comments, book reviews, notes, and other contributions that appear in the Columbia Journal of Asian Law are those of the individual authors and do not necessarily represent the views of any other person or institution. The successor to the Journal of Chinese Law, which commenced publication in 1987, the Columbia Journal of Asian Law provides a forum for legal practitioners and scholars from Asia, the United States, and elsewhere to discuss the broad range of issues that relate to law in the countries of Asia. Keywords: asian; columbia; journal; law
• Table of Contents, Masthead, & Publication Information by CJAL Editorial Board (2014) - All correspondence should be sent to: Columbia Journal of Asian Law Columbia Law School 435 West u6th Street New York, NY 10027 jrnasian@law.columbia.edu The views expressed in the articles, comments, book reviews, notes, and other contributions that appear in the Columbia Journal of Asian Law are those of the individual authors and do not necessarily represent the views of any other person or institution. Columbia Journal of Asian Law Volume 28, Number 1 Fall 2014 WHAT FIRMS WANT: INVESTIGATING GLOBALIZATION'S INFLUENCE ON THE MARKET FOR LAWYERS IN KOREA Carole Silver, Jae-Hyup Lee and Jeeyoon Park INDONESIAN LAND RIGHTS AND DEVELOPMENT Martin E. Gold and Russell B. Zuckerman PUBLICATION INFORMATION The Columbia Journal of Asian Law is published twice a year, Winter and Summer, by students of the Columbia University School of Law, under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies, and the Center for Korean Legal Studies. Keywords: columbia; journal; law
• Table of Contents & Masthead by CJAL Editorial Board (2013) - A Case Study of China's Nationalization of Wind and Sunlight Jianlin Chen & Jiongzhe Cui 81 Columbia Journal of Asian Law Editorial Board, 2013-2014 Business Editor Marc Tan Harshini Kunduru Editors-in-Chief Benjamin Han Managing Editors Xiaolong Liu Jenny Xie Production Editor Stacey Wong Articles Editors Chun Zhou Submissions Editor Pengchao Qiu Vinita Sithapathy Staff Editors Shanu Bajaj Brandon Ceranowicz Chloe Chung Feifei Feng Toshishige Fujiwara Bryan Jung Nara Lee Yi Mei Lu Jessica Seo Yashna Shrawani Lisa Phua Sangjoon Woo Benjamin Liebman Board of Directions Curtis Milhaupt Director Emeritus R. Randle Edwards Jeong-Ho Roh Columbia Journal of Asian Law Volume 27, Number i Fall 2013 CONTENTS ARTICLES The Indian Anomaly: Rethinking Credit Rating Agency Regulation From the Economic Perspective of Hyman Minsky Jodie A. Kirshner I Defensive Use of Prior Art to Exonerate Accused Acts in U.S. and Chinese Patent Litigation Timothy Lau 51 Property Rights Arrangement in Emerging Natural Resources: Keywords: columbia; editors
• Table of Contents & Masthead by CJAL Editorial Board (2012) - Columbia Journal of Asian Law Volume 25, Number 2 Summer 2012 CONTENTS ARTICLES The People's Regulation: Citizens and Implementation of Law in China Benjamin van Rooij n6 Lifting the Veil of Words: An Analysis of the Efficacy of Chinese Takeover Laws and the Road to a Harmonious Society Charlie Xiao-chuan Weng 18o Speech, Structure, and Behavior on the Supreme Court of India Abhinav Chandrachud 222 Navigating the Shoals of joint Infringement, Indirect Infringement, and Territoriality Doctrines: A Comparative Analysis of Chinese and American Patent Laws Patrick E. King, Timothy T. Lau, & Gautam V. Kene 275 NOTE Forgiven and Forgotten: The Republic of China in the United Nations War Crimes Commission Wen-Wei Lai o6 Columbia Journal of Asian Law Editorial Board, 2011-2012 Editors-in-Chief Joyce Y. Ng Catherine Wigglesworth Managing Editors Jeong Hyo Kim Wen Wei Lai Business Editor Makiko Hiromi Submissions Editor David Ahn Casler Sayantan Banerjee Daisy Darvall Simone Greenbaum Gross Articles Editors Yiming Liu Yae-Ji Park Fangda Wan Cecily Wu Wanhong Zhang Suchita Ambadipudi Aditya Bapat Malaveeka Chakravarthy Peng Fu Mizuki Hayashi David Hsu Xiaochun Jiang Staff Editors Jason Jose R. Jiao Lu Lei Jenna Narayan Cesareo Antonio S. Singzon Jr. Swarnapradha Shreenivas David James Thompson Lingqi Wang Benjamin Liebman Board of Directions Curtis Milhaupt Director Emeritus R. Randle Edwards Jeong-Ho Roh Keywords: columbia; editors; law
• Introduction: Celebrating Stanley Lubman by Liebman, Benjamin L.; Edwards, R. Randle (2005) - As Stanley himself describes his career, it was his admission first to Columbia College and then to Columbia Law School that opened his eyes and mind to the world-and thus eventually to Chinese law. Stanley Lubman is one of a handful of 2 0 th century Americans who pioneered the study of Chinese law. Keywords: chinese; columbia; law; stanley
• Professor Stanley Lubman: A Brief Biography by Clarke, Donald C. (2005) - Professor Stanley Lubman: A Brief Biography PROFESSOR STANLEY LUBMAN: A BRIEF BIOGRAPHY DONALD C. CLARKE* This special issue of the Columbia Journal of Asian Law honors Stanley Lubman, one of the pioneers of modem Chinese law studies in the United States and indeed in the western world. Nobody foresaw the China of today, and it must have been in the face of a forest of raised eyebrows that Stanley dove into the study of China, Chinese, and Chinese law. Keywords: columbia; law; stanley
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (2001) - EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies, and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal of Asian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. MONGOLIA'S CONSTITUTIONAL CRISIS REGULATION AND COMPLIANCE IN JAPANESE FINANCIAL INSTITUTIONS Chee Keong Low Tom Ginsburg & Gombosuren Ganzorig Akiko Karaki 327 ACKNOWLEDGMENT The Columbia Journal ofAsian Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. Keywords: columbia; journal; law
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (2001) - EDITOR'S NOTE Published semi-annually under the auspices of the Center for Chinese Legal Studies, the Center for Japanese Legal Studies, and the Center for Korean Legal Studies at the Columbia University School of Law, the Columbia Journal of Asian Law is the successor to the Journal of Chinese Law, which commenced publication in 1987. THE CLAIM OF DEMOGRAPHIC CATASTROPHE BOOK REVIEW Barry Saitman Katherine Wilhelm 135HONG KONG MURDERS ACKNOWLEDGMENT The Columbia Journal ofAsian Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law that made the establishment of the Journal possible. Keywords: columbia; journal; law
• Introduction by Ishizuka, Nobuhisa (2019) - She describes the widespread popular acceptance of the document in Japan and its gradual adaptation to changing social and political circumstances through a process of informal incremental change, such that by the time popular consensus for change emerges it already will have been achieved in fact, without need for the disruptive effects of contentious political debates. Complete Fall 2019 CJAL Issue 1 COLUMBIA JOURNAL OF ASIAN LAW VOLUME 33 FALL 2019 NUMBER 1 SYMPOSIUM CONSTITUTIONAL REFORM IN JAPAN: PROSPECTS, PROCESS, AND IMPLICATIONS INTRODUCTION Nobuhisa Ishizuka Japan’s constitution has remained unchanged for over 70 years since its adoption. Keywords: columbia; japan; law; professor

• Globalisation and Resistance: Law Reform in Asia Since the Crisis by Feerst, Alex (2007) - Serially, they attest to the multiplicity of relations among national, transnational, global, and local forces in legal reform. As long as actors such as the WTO and the IMF assume that economic development depends on the rule of law, China's rapid rate of development alone will be proof of progress in legal reform, leaving no impetus to encourage governments such as China to reform practices as well as statutes (179). Keywords: asian; globalization; law; nations; reform
• Crystallization, Unification, or Differentiation? The Japanese Civil Code (Law of Obligations) Reform Commission and Basic Reform Policy by Kamo, Akira (2010) - Focusing on the Basic Reform Policy (Draft Proposals), this article seeks to describe both legal scholarship advancing Civil Code reform and criticism of reform from practitioners. THE BACKGROUND OF THE RECENT REFORM MOVEMENT While the background to Civil Code reform in Japan is not straightforward, at least three factors are shaping reform: (1) the characteristics of the Civil Code; (2) academic contributions; and (3) the role of the Ministry of Justice. Keywords: brp; business; civil; civil code; claim; code; code reform; consumer; contract; contract law; damages; japanese; law; law reform; obligations; performance; period; prescription; proposals; provisions; reform; reform commission; reform proposals; supra note

• Commentary: Editor’s Note by Editor, CJAL (1988) - This interdependent relationship is especially marked in the PRC where, since the Third Plenum of the Eleventh Central Committee of the Chinese Communist Party in 1978, efforts at legal reform have been explicitly driven by the goals of economic -restructuring and modernization. * Mr. Liu's commentary on banking and financial reform in the PRC provides useful insights into the course of legal development in China. Keywords: prc

• The Daiwa Bank Case (1999) by Yamada, Tsuyoshi (2002) - Fujita, thinking that Daiwa Bank had a grace period until early October from the Ministry of Finance, made a false statement on a bookkeeping ledger, the official record of Daiwa Bank New York branch, 6 Regulated by Shoho (Commercial Code) Next, Daiwa Bank directors consulted with officers of Japanese Ministry of Finance about these incidents confidentially, but did not notify United States authorities. Keywords: bank; branch; daiwa; daiwa bank; directors; duty; new; u.s; york

• China’s Major Reform in Criminal Law by Cai, DingJian (1997) - China's Major Reform in Criminal Law CHINA'S MAJOR REFORM INCRIMINAL LAW CAI DINGJIAN On March 14, 1997, the Fifth Session of the Eighth National People's Congress approved the Reform Bill on Criminal Law, which will produce significant changes to criminal law in China. In 1982, the Standing Committee of the National People's Congress began its research on the reform of criminal law, which continued for fifteen years. Keywords: code; criminal; law; offense; statute

• Contents, Masthead & Acknowledgement by CJAL Editorial Board (1990) - Members of the 1989-1990 staff are as follows: Managing Editors CHARLOTTE HART MIAH LEVY Articles Editors JAN SHELBURNE ANDREA WEINSTEIN Notes Editors KAREN FUNKHOUSER PIYASENA PERERA Financial Editor JUSTIN SHRENGER ANDREW CASE CHEN YAN PATRICK CASSIDY PHILLIP CHR1rITON Avi GOLDSTEIN CLINT HANNI LiLi Li The Editors FINANCIAL INSTUONS IN TAIVAN: AN ANALYSIS OF THE REGULATORY SCHEME Wallace Wen-Yeu Wang & James Ting-Yeh Yang AN UNCOMMON CASE OF BIGAMY: AN UNCOMMON CONSTITUTIONAL INTERPRETATION Nigel N. T. Li & Joyce C Fan CHANGING FORCES OF CONSTITUTIONAL AND REGULATORY REFORM IN TAIvAN Yeh Jiunn-Rong BRIDGE ACROSS THE FORMOSA STRAIT: PRIVATE LAW RELATIONS BETWEEN TAiwAN AND MAINLAND CHINA Chen Tung-Pi THE CONCEPT OF STATEHOOD AND THE STATUS OF TAIWAN Michael C Davis COMMENTARY CABINET RULE IN THE REPUBLIC OF CHINA: Keywords: editors; journal; law; taiwan
• Preface by CJAL Editorial Board (1990) - The editors of the Journal of Chinese Law are proud to present the second issue of a two-issue symposium on legal developments con- cerning Taiwan. Like the first issue, the contents of this issue fall into four categories: the first category relates to legal aspects of Taiwan's international status and its foreign policy; the second concerns reforms in the domestic public law of Taiwan with particular atten- tion accorded to constitutional law and judicial reform; the third focuses on laws relating to domestic financial and economic activities; and the fourth concerns legal issues, principles and regulations arising out of the growing relationships between Taiwan and the Mainland. Keywords: taiwan
• Symposium on Taiwan: Preface by Editor, CJAL (1989) - The editors of the Journal of Chinese Law are proud to present a two-volume symposium on legal developments concerning Taiwan. In the midst of these political and economic developments in Tai- wan, legislators, legal scholars, and lawyers have focused on develop- ing a rational and systematic legal framework in Taiwan to provide for rapid and stable development. Keywords: chinese; taiwan
• Taiwan’s Financial Markets and Institutions: The Legal and Financial Issues of Deregulation and Internalization by Bennett, Michael S. (1994) - Moreover, the highly volatile Taiwan Stock Exchange still shows signs of operating more as a casino for speculators than as a source of capital for local companies, and Taiwan still lacks a liquid bond market. In particular, Mr. Semkow examines legislation passed by Taiwan's Legislative Yuan in the late 1980's and early 1990's, including significant amendments to the Banking Law, the Securities Exchange Law and the statute governing foreign exchange, that was intended to create a more modern financial system in Taiwan. Keywords: book; law; semkow; taiwan

• Contents & Masthead by CJAL Editorial Board (1990) - HE Li Li Editors ANDREW BELL RICHARD DING LEE EDWARDS PETER GALLAGHER PHILLIP GREENBERG LISA GREGORY Li HUANTING HOvARD JIANG JEFF KATEMAN STERGIOS THEOLOGIDES ELLA WONG Board of Advisors MYRON COHEN LoI F. DAMROSCH E. ALLAN FARNSWORTH RICHARD N. GARDNER WALTER GELLHORN HARVEY J. GOLDSCHMID JOHN N. HAZARD Louis HENiuN OSCAR SCHACHTER HANS SMIT 4 FALL 1990 NO. 2 Editor-in-Chief R. RANDLE EDWARDS Managing Editors CHARLES XIAOjnA LI STEVEN L. TORONTO Articles Editors ANDREW CASE PHILLIP CHRITrON CLINT HANNI PETER LIN Notes Editors LAURA STRAUSFELD JING-KAI SYZ Senior Editors ZHU Keywords: editors
• Contents & Masthead by CJAL Editorial Board (1989) - WrrH THE PRC ISSUES IN CRIMINAL LAW ACROSS THE TAIWAN STRAIT A MODEL FOR SOLVING LEGAL PROBLEMS BETVEEN TAIWAN AND THE MAINLAND SPECIAL PROJECT A RESEARCH GUIDE TO TAiVAN (ROC) LAW COMM4ENTARY LAW REFORM IN THE PRC AFTER JUNE 4 GLOSSARY The Editors 155 Lori Fisler Damrosch 157 Fredrick E Chien 185 Hungdah Chiu 193 Zeng Xianyi & 205 Zheng Ding Zhao Bingzhi 227 Wang Chih-wen 251 Liane Newton & 257 Wang Jong Timothy A. Gelatt 317 Keywords: editors; law
• Contents & Masthead by CJAL Editorial Board (1993) - HANS SMIT RICHARD N. GARDNER RALPH WANG WALTER Randle Edwards William P. Alford Jamie P. Horsley R.P. Peerenboom GLOSSARY JOURNAL OF CHINESE LAW VOL. 7 SPRING 1993 NO. 1 Editor-in-Chief R. RANDLE EDWARDS Managing Editors PERRY S. BEcHKY RANDALL PEERENBOOM Articles Editors STEPHENIE BROWN HENRY HAIHUA DING RICHARD ELBAUM PETER KAR Yu KWAN JAY J. YAN Senior Editors DAVID C. DoWvNIE KA-YIN LI PAO LIN WANG Administrative Officers SUSAN FORRESTER JOANNE M. GOTrEsMAN Editors DAvID BATTAT LEO CHEN OWEN CHEN GRACE S. CHENG RICHARD CHENG-Yu FUNG CHAIHARK HAHM DANA L. KLAPPER WINSTON J. Li SAMUEL Lu GABRIELLE WONG VERONICA D. WONG MICHAEL YU Board of Advisors MYRON COHEN LOUIS HENKIN LORI F. DAMROSCH OSCAR SCHACHTER E. ALLAN FARNSWORTH Keywords: editors; law
• Table of Contents & Masthead by CJAL Editorial Board (2018) - 37 Nuannuan Lin, Weijun Hu COLUMBIA JOURNAL OF ASIAN LAW Editorial Board 2018-2019 Editor-in-Chief Duncan Hurst Hardock Managing Editor Charlie Lin Submission and Production Editors Xochitl Honoria Roma Helen Wang Business Editor Shaoting Qin Yohan John Balan Min Chung Haojun Feng Letian Ge Allison Houston Terry Huang Benjamin Liebman Articles Editors Theodore Cohan Matthew Jonathan Zhu Staff Editors Omar Kanjwal Anja Kong Keliang Lu Michael Pan Daniel Park Board of Directors Curtis Milhaupt Director Emeritus R. Randle Edwards Bradford Olson Minah So Lillian Sun Brian Tratner Monica Wang Jeong-Ho Roh COLUMBIA JOURNAL OF ASIAN LAW VOLUME 32 FALL 2018 NUMBER 1 CONTENTS ARTICLES RULE OF TRUST: THE POWER AND PERILS OF CHINA'S SOCIAL CREDIT M EGA PROJECT ............................................................. Keywords: editors; lin
• Table of Contents & Masthead by CJAL Editorial Board (2018) - COLUMBIA JOURNAL OF ASIAN LAW VOLUME 31 Spring 2018 NUMBER 2 CONTENTS HOW MAY CHINA RESPOND TO THE U.S. TRADE APPROACH? 73 Xiao Huina COLUMBIA JOURNAL OF ASIAN LAW Editorial Board 2017-2018 Editor-in-Chief Thomas Keywords: editors; law
• Table of Contents & Masthead by CJAL Editorial Board (2015) - Columbia Journal of Asian Law Volume 28, Number 2 Spring 2015 CONTENTS ARTICLES Taking Voting Leverage and Anti-Director Rights More Seriously: A Critical Analysis of the Law and Finance Theory Sang Yop Kang State-Owned Enterprises in Singapore: Historical Insights into a Potential Model for Reform Tan Cheng-Han, Dan W. Puchiniak, Umakanth Varottil Columbia Journal of Asian Law Editorial Board, 2014-2015 Editors-in-Chief Karman Lucero Managing Editors Hyun Jee Ellie Cho Submissions Editor David S. Hong Kelsey K. Wong Business Editor Elisa Zheng Articles Editors Mara Tara Arnoco Lianchen Liu Wei Liu Mercado Staff Editors Shaya Afshar Apinop Atipiboonsin Surya Bala Daniel Crandall Jui-Ping Chiang Haili Ding Henri Feron Alexandra Kim Jing Li Mary Prager Guatam Rao Kumarjit Ray Randolf Salas Yi Wang Jessica Keywords: editors; law
• Table of Contents & Masthead by CJAL Editorial Board (2014) - Simon Chesterman 129 Judicial Inactivism in Protecting Financial Consumers Against Predatory Sale of Retail Structured Products: A Reflection from Retail Structured Notes Lawsuits in Taiwan Christopher Chen Chao-Hung 165 Corporate Governance Models and Practices in Japan and East Asia: Proceedings of Panel Discussion Bruce E. Aronson 221 Columbia Journal of Asian Law Editorial Board, 2013-2014 Business Editor Marc Tan Harshini Kunduru Editors-in-Chief Benjamin Han Managing Editors Xiaolong Liu Jenny Xie Production Editor Stacey Wong Articles Editors Chun Zhou Submissions Editor Pengchao Qiu Vinita Sithapathy Staff Editors Shanu Bajaj Brandon Ceranowicz Chloe Chung Feifei Feng Toshishige Fujiwara Bryan Jung Nara Lee Yi Mei Lu Jessica Seo Yashna Shrawani Lisa Phua Sangjoon Woo Benjamin Liebman Board of Directions Curtis Milhaupt Director Emeritus R. Randle Edwards Jeong-Ho Roh International Criminal Law With Asian Characteristics? Keywords: editors; law
• Table of Contents & Masthead by CJAL Editorial Board (2013) - Guobin Zhu & Rohan Price I The Standards of Judgment for Dispute Resolution in Financial ADR of Japan Shuji Yanase 29 In the Eye of the Beholder: A Comparative Study of Public Morality and Free Speech Across the Pacific Terrence Dermott 105 Understanding China's System for Addressing Legislative Conflicts: Capacity Challenges and the Search for Legislative Harmony Keith J. Hand 139 Columbia Journal of Asian Law Editorial Board, 2012-2013 Business Editor David S Hsu Benjamin Han Cheng Li Editors-in-Chief Yae-Ji Park Fangda Wan Managing Editors Yiming Liu Shan Jiao Production Editor David H. Kim Articles Editors Xiaolong Liu Lin Ma Siding Qin Submissions Editor Cecily Wu Marc Tan Wei Xiang Staff Editors Michael Fan Kevin Lam Allison McCarty Brett Peace Pengchao Qiu Qingyi Wang Stacey Wong Jenny Xie Jing Xie Benjamin Liebman Board of Directions Curtis Milhaupt Director Emeritus R. Randle Edwards Jeong-Ho Roh Columbia Journal of Asian Law Volume 26, Number I Spring 2013 CONTENTS ARTICLES Chinese Immigration Law and Policy: A Case of'Change Your Direction, or End Up Where You Are Heading'? Keywords: editors; law

• Contents & Masthead by CJAL Editorial Board (1988) - Chiu A STUDY OF THE POLITICAL SYSTEM OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION UNDER THE BASIC LAV Xiao Weiyun THE POLITICAL ORGANIZATION OF THE HONG KONG SPECIAL Thomas M.H. Chan 115ADMINISTRATIVE REGION THE BASIC RIGHTS AND OBLIGATIONS OF RESIDENTS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CIVIL LIBERTIES IN HONG KONG: RECENT CONTROVERSIES, EVOLVING CONSCIOUSNESS AND FUTURE LEGAL PROTECTION CHEN, Translations MICHAEL T. COHEN, Business WANG JINLONG, LAURENCE PETTIT, Articles BRUCE R. SCHULBERG, Notes ANNIE WANG, Notes Translations Editors JEFFREY K.D. Keywords: hong; kong; law; special
• Preface by The Editors, Journal of Chinese Law (1988) - In addition, the Basic Law Con- sultative Committee, comprised of members drawn from various sec- tors of Hong Kong society, was convened to act as a sounding board during the drafting process. Britain has governed parts of present day Hong Kong since 1842, when the Qing Emperor ceded Hong Kong Island to Great Britain by the Treaty of Nanking. Keywords: hong; kong; law
• Hong Kong Murders by Wilhelm, Katherine (2001) - Rumor has it that Chinese President Jiang Zemin ordered police to track him down at the personal request of Li Ka-shing, who never reported his son's kidnapping to Hong Kong police. Incidents such as this at a minimum show that Hong Kong residents are less unusual than Whitehead seems to believe in their reluctance to get involved. Keywords: crime; hong; kong; lam; murders; whitehead

• The Death Penalty in Taiwan and Mainland China: Should it be Abolished? by Tun-Ming, Tsai (1990) - I. DEATH PENALTY LAVS IN THE REPUBLIC OF CHINA The ROC Criminal Code, originally implemented in 1935, makes a number of crimes punishable by death. USE OF THE DEATH PENALTY IN PRACTICE The ROC's highest court pronounced death sentences for a total of 23 people during 1987 and 1988. Keywords: crimes; death; law; penalty

• Contents & Masthead by CJAL Editorial Board (1993) - 7 FALL 1993 NO. 2 Editor-in-Chief R. RANDLE EDWARDS Executive Editors LEO K. CHEN CHAIHARK HAHM Articles Editors OWEN CHEN RICHARD FUNG WINSTON J. Li MICHAEL YU Notes Editor SAMUEL Lu Managing Editor GRACE S. CHENG Business Editor GABRIELLE WONG Submissions Editor DAVID BATrAT Book Review Editor VERONICA D. WONG Editors MARISA LAU FRANCES F. Mi SUEYOUNG MIN LANDON PRIEUR CHARLES EDWARD SMITH, III PATRICK J. TANGNEY WALKER WALLACE ELIZABETH WONG YAN YANG XIANWU ZENG WEIYI ZHU Board of Advisors MYRON COHEN Louis HENKIN LoRI F. DAMROSCH OSCAR SCHACHTER E. ALLAN FARNSWORTH HANS SMIT RICHARD N. GARDNER RALPH WANG WALTER Keywords: editor; law; wong
• TOC, Acknowledgement, Editor's Note, Masthead by CJAL Editorial Board (1994) - I CONTENTS JEROME A. COHEN FESTSCHRIFT ARTICLE TRAINING CHINA'S EARLY MODERN LAWYERS: SOOCHOW UNIVERSITY LAW SCHOOL Alison W. Conner ARTICLE WOMEN'S RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA: PATRIARCHAL WINE POURED FROM A SOCIALIST BOTTLE Ann D. Jordan NOTE COMPUTER SOFTWARE PROTECTION AGAINST PIRACY IN TAIWAN BOOK REVIEW GLOSSARY Leo K Chen ACKNOWLEDGEMENT The Journal of Chinese Law gratefully acknowledges the generous grant from the Parker School of Foreign and Comparative Law which made the establishment of the Journal possible. The Journal provides a forum for legal practitioners and scholars from China, the United States and elsewhere to discuss the broad range of issues that relate to law in China. Keywords: editor; journal; law; school
• Table of Contents & Masthead by CJAL Editorial Board (2017) - 1 James Si Zeng THE BROWN MOMENT IN TAIWAN: MAKING SENSE OF THE LAW AND POLITICS OF THE TAIWANESE SAME-SEX MARRIAGE CASE IN A COMPARATIVE LIGHT ................. 72 Ming-Sung Kuo & Hui-Wen Chen COLUMBIA JOURNAL OF AsIAN LAW Editorial Board 2017-2018 Editor-in-Chief Thomas Ruobing Chen Managing Editor Zoe Rachael Straum Assisting Managing Editor Tripp Odom Submissions Editors Eva Wenwa Gao Zoe Yilin Zhu Business Editor Meredith Allison Strike Articles Editors Duncan Hardock Charlie Lin Staff Editors Peter Claus Brendan Eng Apoorva Mishra Shaoting Qin Stanley Siagian Chantelle Southerland Tuomas Tiensuu Helen Wang Jin-Ni Yeo Yin Yu Board of Directors Benjamin L. Liebman Curtis J. Milhaupt Director Emiritus R. Randle Edward Victor Sandoval Ben Minkoff Xochitl Romo Richmund S. Lucia Bojun Xu Kevin Zhen Jeong-Ho Roh COLUMBIA JOURNAL OF ASIAN LAW VOLUME 31 FALL 2017 NUMBER 1 CONTENTS STATE OWNERSHIP AND REGULATORY COSTS: A LAW AND ECONOMIC EXPLANATION FOR THE PREVALENCE OF STATE-OWNED ENTERPRISES IN CHINA ........................ Keywords: editor; law

• Some Opinions on Copyright in the People’s Republic of China by Shoukang, Guo (1987) - The first issue, which has been raised in several articles about Chinese copyright law published outside China, relates to the translation and use of copyright termi- nology in China. Several commentators abroad have noted the use of two different Chinese terms, banquan and zhuzuoquan, to express the term copyright, and have raised the question of which term will be employed in future Chinese copyright law and practice. Keywords: chinese; copyright; law

• Glossary of Chinese Periodicals by CJAL Editorial Board (1988) - GLOSSARY OF CHINESE PERIODICALS Chung Pao (New York) FAXUE LUNXVENJI FAXUE YANJIU GUo vAI FAXUE GuoWUYuAN GONGBAO HONGQI MINGBAO YUEKAN Renmin Ribao Renmin Ribao (HB) SHANGHAI SHEHUI KEXUE Shanghai Jingji ZHENGFA LUNTAN Centre Daily News (New York) Essays in Legal Studies Studies in Law Foreign Legal Studies State Council Gazette Red Flag Mingbao Monthly People's Daily People's Daily, Overseas Edition Shanghai Journal of Social Sciences Shanghai Economics Tribune of Political Science and Law Keywords: shanghai

• Glossary of Chinese Periodicals by CJAL Editorial Board (1988) - GLOSSARY OF CHINESE PERIODICALS FALU FAXUE YANJIU Gongren Ribao Guoji WENTI YANJIU GuowuYuAN GONGBAO JINGji TIzHI GAIGE JINGIi WENTI TANsuO JINRONG YANJIU LAODONG FAXUE Renmin Ribao Renmin Ribao (Haiwai Ban) Shenzhen Tequ Bao Ta Kung Pao (Hong Kong) Wenhui Bao (Shanghai) KIN FAGUI ZHENGFA LUNTAN ZHONGGUO Shenzhen SEZ Daily Ta Kung Daily Wenhui Daily New Laws and Regulations Tribune of Political Science and Law China's Foreign Trade China's Finance China's Labor Regulations Journal of Chinese Labor Science China Labor and Human Affairs Daily China Statistics Monthly Keywords: daily; zhongguo

• Perspectives on Free Speech in China: Editor’s Note by Editor, CJAL (1990) - In our effort to publish diverse perspectives on Chinese legal reform, the Journal of Chinese Law presents the following two perspectives, which examine the history of the struggle for free speech in China and explore the right to free speech itself. Dazibao have become an important political phenomenon in modem China because of their role as a powerful vehicle for expressing political opinion. Keywords: speech

• In Memoriam – Yang Xiaoping by Editor, CJAL (1989) - Xiaoping served for two years on the staff of the Journal of Chinese Law, most recently as Transla- tions Editor. Most recently, Xiaoping authored Progress and Problems in the Development of a New Income Tax System for State-Owned Enter- prises in China for the Journal of Chinese Law, which appears on the pages that follow. Keywords: law; xiaoping

• Table of Contents & Masthead by CJAL Editorial Board (2013) - Columbia Journal of Asian Law Volume 26, Number 2 (Symposium) Summer 2013 CONTENTS ARTICLES Legal Diffusion and the Legal Profession: An Analysis of the Processes of American Influence on South Korea's Lawyers Neil Chisholm 267 Lawyering Across the Strait: The Past, Present, and Future of Legal Services Between Mainland China and Taiwan Wanhong Zhang & Siming Huang 299 Corporate Ownership and Governance Reforms in Japan: Influence of Globalization and U.S. Practice Mizuki Hayashi 315 Institutional Arbitrage: China's Economic Power Projection and International Capital Markets Weitseng Chen 347 From the Red River to the Yellow River David A. Livdahl 17 Keywords: river

• Festschrift in Honor of Jerome Alan Cohen by Edwards, R. Randle (1993) - In addition to his pioneering work on Chinese law, Jerry Cohen has inspired an entire generation of individuals devoted to careers in Asia- related human rights work as well as in teaching and research in the field of Chinese law. SPRING 1993 NO. 1 Festschrift in Honor of Jerome Alan Cohen R. RANDLE EDWARDS The articles by Jarnie Horsley and William Afford initiate a series to be published in this and subsequent issues of the Journal of Chinese Law to celebrate Jerome Cohen's unique role in fostering American scholarship on Chinese law. Keywords: cohen; law

• Introduction to the Administrative Penalty Law of China by Cai, Dingjian (1996) - I. PROVISIONS CONCERNING ENFORCING ADMINISTRATIVE PENALTIES The Law provides that administrative penalties may only be enforced by an administrative agency acting within the boundaries of its legal 110:259 1996] Types of administrative penalties are: warning, fine, confiscation of illegally obtained profits and properties, order to cease production and operation, suspension or revocation of business permit or license, administrative detention, and other administrative penalties provided by the laws or regulations. Keywords: law; penalties

Epilogue

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