Dissertations / Theses on the topic 'Chinese legislation'

Traditional Chinese Medicine (TCM) is a medical system with a unique medical philosophy that continues to guide the contemporary turning out of new pharmaceutical formulae. The clinically-proved effective components of these formulae are being extracted by means of modern technology. Natural Chinese medicines account for approximately 30% of the global sales volume of all medicines, and the international market-size of the TCM industry is increasing rapidly. The TCM industry depends on the patent protection of the results of its R&D no less than does any other industry. However, the patent examination guidelines of many important jurisdictions are hostile to the granting of patents to TCM products and processes. This is partly attributable to the vast differences between the philosophies of TCM and Western medicine, and to the imperfect understanding in many jurisdictions (particularly where Western Medicine is dominant) of the former. To this considerable degree, patent law fails to accommodate the TCM industry. Consequently, the TCM inventor will be left open to the depredations of the ‘free-rider’ phenomenon, the circumstance in which the inventor loses the benefits of his invention, and his investment in it, to a purloiner. The research examines the compatibilities between patent law and TCM, and argues that patent policy shall be adjusted to better accommodate the characteristics of TCM. Other forms of IPR protection are also discussed in comparison with patent with the purpose of illustrating the significance of patent in protecting TCM inventions.
published_or_final_version
Law
Doctoral
Doctor of Philosophy

This dissertation has two main purposes. On the one hand, it aims at comparing the gender stereotypes presented in the television commercials in China and in Europe. Considering the cultural, historical and socio-economical differences between these two contexts, it is interesting to examine the gender role models offered and used by the advertising industry in European Union and China in order to see if the gender stereotypes are similar and to evaluate to which extent they reflect, challenge or reinforce the gender roles of the society where they are broadcasted. On the other hand, the objective of this dissertation is to establish the degree of adequateness and effectiveness of the existing regulatory framework through an analysis of the positive and negative aspects of the regulatory acts issued to safeguard a fair representation of genders in the EU Member States and in China.

This thesis explores the impact of housing rights jurisprudence on Chinese legal and policy frameworks in the housing sector, examines the key related issues, and assesses whether current practices are in line with international best practice. The thesis considers three major questions, viz. 1 What are housing rights? 2 What is the significance of housing rights in the Chinese context? 3 Given the features and nature of housing rights, and China’s transitional societal background, how could housing rights be implemented? By looking at the jurisprudence and jurisprudential development of housing rights in international law and related humanitarian jurisprudence, this thesis proposes a three-layer framework of housing rights, which encompasses property and resource dimensions. While the property dimension requires the state to refrain from interfering in property interest in housing, the resource dimension establishes a set of principles for directing governmental duties in utilizing and redistributing resources. The governments should enable equal and equitable access to housing and housing-related resources, and ensure housing development is a human-centered, sustainability-oriented process. China is a transitional society, where the Constitution shows a trend towards strengthening property rights protection, but institutional constraints on property rights remain. There are also transformative schemes in the housing sector that take the form of land reform and public housing programs. An overview of the housing regime in China identifies three primary limitations: an incoherent legal framework of Chinese takings law related to the property dimension of housing rights; problems with equal and equitable access to land resource as reflected by the urban-rural divide in the land tenure system; and the lack of a sustainability vision in public housing development. It is, therefore, argued that implementing housing rights involves enshrining values and principles related to housing rights in the domestic constitution. This can take the form of reinterpreting the Chinese constitutional property according to the three-layer framework of housing rights. Such a reinterpretation sheds further light on how to resolve the key issues in the current housing regime. This study concludes that housing rights require Chinese constitutional property to strike a balance between protecting existing property-holdings and the transformative schemes in the housing sector. For the property dimension of Chinese constitutional property, housing rights help to construct a coherent jurisprudence for Chinese takings law. The resource dimension of housing rights serves as an assessment tool for the policy framework to guide both the utilization and redistribution of land resources and the development of public housing programs. This facilitates the legal and policy framework in the housing sector to be informed by humanitarian jurisprudence and be in line with international best practice. The pioneering nature of this thesis lies in its exploration of humanitarian jurisprudence which is new to Chinese constitutional reasoning, and the extension of jurisprudential discussion of housing rights to public policy formulation. It is also innovative in proposing the three-layer framework of housing rights. Some of the findings from the discussion of international jurisprudence may be extended not only to the Chinese setting but also to other transitional economies which face similar housing issues and concerns in their policy-making.
published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy

La présente thèse se propose de mettre en valeur le développement d’une archivistique chinoise moderne et de l’usage social des archives depuis le milieu du XXe siècle, à la lumière de l’évolution de l’État et de la société. La thèse comporte cinq chapitres. Le premier est un rappel de l’histoire politique de la Chine et de son impact socioculturel sur les archives et le métier d’archiviste. Le deuxième présente l’évolution de l’archivistique chinoise, afin d’expliquer le contexte dans lequel s'établissent la communication et la valorisation des archives. Le troisième traite des origines et de la formation de la législation archivistique en Chine à l'époque contemporaine : législation archivistique générale et spécifique, se rapportant à la communication. Il s’agit d’une base essentielle dans le domaine de la communication des archives. Le quatrième chapitre présente une étude des politiques de communication des archives en Chine et donne des éléments de comparaison avec la situation en France, allant jusqu’au fonctionnement des salles de lecture – lieux où les archivistes et leurs « clients » se rencontrent et où s’appliquent les textes législatifs et réglementaires. Le dernier chapitre aborde le problème des relations entre les archivistes et le public, qui s’établissent et se développent notamment dans le cadre d'activités culturelles, principaux moyens de valorisation des archives conservées : publications, expositions, sur site et en ligne
This thesis proposes to develop a modern Chinese archival science and the social use of archives since the mid-twentieth century in the light of the evolution of the state and society value. It is composed of five parts: First of all, we are going to take a historical review with its impact on the archives and the profession of archives in a socio-cultural aspect. Second of all, we’ll look back into the evolution of the archives in China so as to make clearer the context in which the communication and the valorization of the archives have been established. In the third part are explained the origin and the development of the archival legislation in China, from the Qing dynasty till nowadays. Here we’ll consider the legislation of archives in general and the one who concerns more specifically the communication of archives. It’s the basis that is essential to the communication of archives. The forth part presents a comparative study of Chinese politic about the archives communication comparing with that of France, as well as the organization of the lecture rooms— locations where the archivists and their “customers” get in touch with each other directly, are also where confront usually some contradictions. In the last part, we’ll examine the relations between the archivists and its public, which are generally recognized, particularly when it comes to cultural activities, as important means to promote the archives conserved, including the publication, the on-site and virtual exhibitions

Trade between Britain and China is rapidly expanding, and shipping law plays an important role in facilitating economic activity. This thesis provides an exemplification on the measure of damages in the carriage of goods by sea in both countries. It will help practitioners as well as scholars from both countries to understand the peculiar features and dynamics of the topic in the other’s shipping laws. The Chinese law of damages and shipping law are not as detailed or as well-structured as its English counterpart. Over the years, some articles in the Chinese Maritime Code (CMC) have been interpreted inconsistently, e.g., art.55, and there is contradiction among different laws on the said topic, resulting in considerable confusion about the law. Bizarre and arguably unjust applications of legal rules continue to surface in claims for damages. A large number of contradictory decisions have been produced in Chinese shipping cases. Similar heads of damages are accepted or rejected in a process which at times seems alarmingly random. It is time to revisit the CMC and the law of damages and to urge their reform. England is a well-established centre of shipping litigation and arbitration in the world and its shipping laws are more influential on Chinese maritime courts than those of any other country. Several senior Chinese scholars suggest that English law is the model on which the reformed CMC should be based. This thesis is written with a view to encouraging a revision of the defects in the CMC and to changing aspects of the current Chinese law of damages. It expounds on the English law part, provides a principled explanation for legal rules in cargo claims, reviews relevant Chinese law, makes comparisons between English and Chinese law at length, addresses the problems in Chinese shipping law and seeks a solution. It is hoped that this thesis can provide instructive recommendations to Chinese lawmakers and clarify the chaos inherent in interpreting the relevant law. In a few aspects, Chinese law seems fairer than the English position, which English scholars may find refreshing and enlightening. This thesis also proposes to increase the awareness of national decision-makers, especially the Chinese, of the international tenor of existing and proposed international maritime laws, as well as the concomitant duty to interpret and implement them as such.

Legal draftsmen achieve the dual characteristics of thel egislative genre, viz. precision and all-inclusiveness, by the use of various linguistic devices, among which are (i) common words with uncommon meanings; (ii) binomial and multinominal expressions; (iii) nominalization; and (iv) qualifications. Whilst these four devices are very effective for their intended purpose, they often cause lexical, semantic or syntactic problem in the comprehension and translation of texts. This thesis explores, by analysis of the corpus, the different nature and extent of such problems caused by the above four devices in the translation of legislative texts from English to Chinese. Analyses in the thesis reveal that translation problems caused by the first two of the four devices mentioned above are mainly lexical in nature, though binomials contained in qualifications may sometimes also lead to semantic ambiguity. Translation problems arising from the use of nominalization or the use of qualifications are primarily semantic in nature, and are basically a problem of handling the various semantic units in the clauses. They can occur in both the comprehension stage and the actual rendering stage of the translation process. In the former, the problem lies in the difficulty in unpacking the various semantic units in the clauses, especially in the syntactically interrupted clauses where syntactic discontinuities are caused by the use of qualifications. in the latter, the difficulty lies in the syntactic re-arrangement of those units in the target language text in a manner syntactically acceptable to the target language while strictly in accordance with each semantic relationship intended by the source language text. Both the use of nominalization and the use of qualifications also give rise to some lexical problems. The analyses in the thesis also highlights some of the linguistic and extra-linguistic pre-requisites for a translator of legislative texts, for whom a good common sense and sufficient basic legal knowledge are as important as an extremely high level of proficiency in both the source language and the target language.
Master of Arts (Translation and Linguistics)

Thesis: M.A.--University of Western Sydney, Macarthur, 2000.
[Thesis submitted as part requirement for Master of Arts (Translation & Lingusitics), Faculty of Education and Languages]. References: p. 74-77.

Made available in DSpace on 2016-04-25T18:39:52Z (GMT). No. of bitstreams: 1 Regiane Yuriko Hioki.pdf: 498093 bytes, checksum: 39ed65cb8dbeb0dc398127b7d1674918 (MD5) Previous issue date: 2012-12-14
Due to the increase of trading volume resulting from Investment Banks activities, such as mergers and acquisitions, spin-off operations and securities issues (shares, subscription bonus and debentures), and because of the material values involved in these transactions, the regulations become essential in order to avoid the misuse of insider information. Due to those facts it becomes essential that regulators and financial institutions adopt best practices of corporate governance, as a mechanism of defense, especially as regard to the aspects of Information Barriers - Chinese Wall. The purpose of the research was to examine the main laws and regulations issued by regulatory bodies, associations and self regulatory organizations presents in Brazil, USA and England, as well as compare them. To accomplish it was conducted a descriptive study based on literature and secondary data analysis, which contemplated laws and recommendations issued by regulators, associations and self regulatory organizations. As a result were not identified regulatory gaps, either big issue when comparing the laws. It was observed in Brazil, unlike what happens in the United States and England, that the guides are not centralized in one regulatory body, association or self regulatory organizations. It was also found that some of the regulations in the market due to its wideness some interpretations and guidelines have been developed in order to assist its implementation
Em decorrência do aumento do volume de negociações efetuadas por Bancos de Investimentos, como as operações de fusões e aquisições, cisões de empresas e emissão de valores mobiliários (ações, bônus de subscrição e debêntures), e consequentemente pela relevância dos valores financeiros envolvidos nestas transações, torna-se necessária à existência de regulamentações visando coibir o uso indevido de informações privilegiadas insider information. Desta forma torna-se fundamental que os órgãos reguladores e instituições financeiras adotem boas práticas de governança corporativa, como mecanismos de defesa, principalmente no que tange aos aspectos de Barreiras da Informação Chinese Wall. O objetivo da pesquisa foi de analisar as principais legislações e regulamentações emitidas por órgãos reguladores, associações independentes e entidades autorreguladoras presentes no Brasil, Estados Unidos e Inglaterra acerca das práticas de Barreiras de Informação Chinese Wall, bem como comparar as regulamentações vigentes nos países objeto de estudo. Para tanto, foi realizado estudo descritivo com base em pesquisa bibliográfica e análises de dados secundários, o qual contempla as legislações e recomendações emanadas pelos reguladores, associações independentes e entidades autorreguladoras. Como resultado não foram identificadas lacunas regulamentares, tampouco divergências representativas entre as legislações. Observou-se no Brasil, diferentemente do que ocorre nos Estados Unidos e Inglaterra, que os direcionamentos não estão centralizados em um único órgão regulador, associação independente ou entidade autorreguladora. Constatouse também, que as algumas regulamentações vigentes no mercado brasileiro devido à sua amplitude, possuem interpretações e orientações de forma a auxiliar a sua respectiva implementação

Le droit de la propriété intellectuelle a connu d’importants développements dans le sillage de la révolution technologique et du phénomène de la globalisation. Le droit de marque confère un monopole au profit de son titulaire, qui lui permet d’établir des liens avec les consommateurs, à travers les produits et les services qui sont revêtus du signe protégé : des liens juridiques et des liens commerciaux par l’effet de la communication, de la publicité, de la transmission de l’image de l’entreprise que celui-ci véhicule. Toutefois, les prérogatives attachées au droit de marque rencontrent des limites inhérentes à tout monopole, à savoir le respect de l’intérêt général, fil un conducteur qui gouverne la procédure d’enregistrement de la marque, au-delà, son maintien en vigueur et la détermination des frontières qui séparent ce qui est permis de ce qui est interdit. S’agissant de s’interroger sur les procédures de règlement des litiges, à l’aune de leur comparaison, entre trois systèmes de cultures juridiques très différentes, à savoir la France « berceau » du droit continental et, du droit administratif d’une part, et, d’autre part, deux entités de tradition juridique divergente - la Chine continentale et Taïwan - , on peut relever un renforcement du pouvoir administratif et en même temps, un mouvement d’harmonisation des règles du contentieux. Le renforcement du pouvoir administratif se manifeste à travers l’extension des compétences en matière de droits de propriété intellectuelle. Ainsi, en Chine continentale, les autorités administratives locales peuvent appliquer les lois administratives pour régler avec célérité les litiges de propriété intellectuelle. En France, le renforcement du pouvoir administratif s’exprime avec la transposition future de la directive de 2015 sur l’harmonisation du droit des marques dans l’Union européenne, qui attribue compétence à l’INPI en matière de déchéance et de nullité des marques, au premier degré. L’harmonisation du droit des marques se révèle avec le renforcement du mécanisme de la retenue en douane en Chine continentale et à Taïwan et, par ailleurs, avec l’instauration de juridictions spécialisées, le législateur taïwanais étant le premier entre les trois systèmes juridiques, à créer une Cour en propriété intellectuelle en 2007
There continues to be significant developments in intellectual property law in the wake of the technological revolution and the globalization phenomenon. This thesis seeks to analyze procedures for settling disputes by comparing three decidedly different judicial systems: France (the « cradle » of Civil law legal system) on the one hand, contrasted with two entities of diverging judicial traditions, namely Mainland China and Taiwan. We will take up two trends in particular: a strengthening of administrative power and at the same time a movement toward harmonizing settlement procedures.The strengthening of administrative power is evidenced by its “specialization” and extension of its competence in the area of intellectual property rights. Thus, in Mainland China local administrative authorities can enforce administrative laws to expediently deal with intellectual property disputes. In France, on the other hand, the growth of administrative power can be seen in the transposing of the 2015 future directive regarding the harmonization of trademarks within the European Union, which attributed competence to the INPI for the first degree examination in the revocation and invalidity procedures.The harmonization of trademarks is also visible in the introduction of a reinforced “customs seizure” mechanism in Mainland China and Taiwan. Furthermore, with the establishment of specialized courts, the Taiwanese legislature became the first of the three justice systems to create an intellectual property court in 2007

Thesis (M.S.) -- Central Connecticut State University, 2009.
Thesis advisor: Xiaoping, Shen. "... in partial fulfillment of the requirements for the degree of Master of Science in International Studies." Includes bibliographical references (leaves 70-71). Abstract available via the World Wide Web.

自20世纪90年代起，金融及法律界学者逐渐提出到境外发达资本市场上市可以发挥其 “捆绑“作用：企业可以通过跨越本国薄弱的法律机制，受制于发达国家的法律以及监管，实现公司治理的提高。“捆绑理论起源于美国, 但随后也被运用于全球市场的其他角落。 问题关键在于本国市场与境外市场之间是否存在一个"质量差距", 因为只有在“质量差距“存在的情况下，“捆绑“的作用才有可能产生。
源于“香港“英文拼写中的第一个字母H，到香港上市的中国企业被统称为H-股公司。自“青岛啤酒“于1993成功于香港上市，至今香港联交所已有169 间H-股公司。其中，2002至2006 是到港上市的高峰期. 此期间，中国资本市场混乱，难以发挥为企业融资的作用。鉴于此，中国政府鼓励国内企业到香港上市，寄予通过香港更好的治理机制，实现对本土企业治理实践的提高。
当前，人们普遍认为香港上市可以顺利提高中国企业的治理实践。如若事实如此，我们有理由相信中国本土市场与香港市场之间存在明显的“质量差距“。也就是说香港市场的治理体系优于国内市场。此文以中小股东保护为出发点，于以下几个方面探讨两地之间是否存在“质量差距“：信息披露，独立董事，金融中介机构的“看门人“作用，证券法的公力救济，以及公司法，证券法的私力救济。
In the 1990s, finance and legal scholars gradually proffered the view that cross-listing in a developed market functions as a "bonding" mechanism: a firm may improve governance practices in spite of the home country's weak legal institutions by subjecting itself to the legal and regulatory regime of the developed market. Initially developed in the context of overseas companies listed in the US, this bonding effect has been applied to other places of the global market as well. Critical to this scenario is the existence of a "quality gap" between the home and the foreign markets, which must exist for generating the bonding effect.
Chinese companies listed in Hong Kong are known as H-share companies for the first letter of the listing locality. Since the birth of the first H-share company, Tsingtao Beer, in 1993, a total of 168 H-share companies have floated on the Stock Exchange of Hong Kong. A majority of these companies were listed between 2002 and 2006. Around this period, the two domestic exchanges were highly volatile and failed to provide an efficient fund-raising device for Chinese companies. Against this backdrop, the Chinese government adopted the strategy of encouraging domestic companies list in Hong Kong, which is perceived to be a better governance regime, thereby bonding the governance practices of Chinese companies to a superior standard.
It is current conventional wisdom that the governance practices of Chinese companies can be enhanced indeed through pursuing a listing on the SEHK. If conventional wisdom so holds, we should believe there is a quality gap between these two markets. In other words, the governance regime of the Hong Kong market must be superior to that of China. Focusing on the level of protection for minority shareholders, this study questions the conventional wisdom in five areas: information disclosure, board independence, the gatekeeping role played by financial intermediaries, public enforcement of securities law, and private enforcement of corporate and securities law.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Meng, Fanpeng.
Thesis (Ph.D.)--Chinese University of Hong Kong, 2012.
Includes bibliographical references (leaves 300-331).
Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web.
Abstract also in Chinese.
INTRODUCTION --- p.1
INFORMATION DISCLOSURE --- p.3
INDEPENDENT DIRECTOR --- p.4
GATEKEEPER --- p.4
PUBLIC ENFORCEMENT --- p.5
PRIVATE ENFORCEMENT --- p.5
OVERALL BONDING EFFECT --- p.6
Chapter CHAPTER I --- OVERVIEW --- p.7
INTRODUCTION --- p.7
Chapter 1.1 --- THE SOE REFORM --- p.7
Chapter 1.1.1 --- Pre-1949 Era --- p.8
Chapter 1.1.2 --- Leninist Model of State-Syndicate --- p.10
Chapter 1.1.3 --- Power Delegating and Profit Sharing (PDPS) --- p.11
Chapter 1.1.4 --- Corporatization --- p.12
Chapter 1.2 --- THE ESTABLISHMENT OF THE CHINESE STOCK MARKET --- p.14
Chapter 1.3 --- THE VOLATILITY OF THE CHINESE STOCK MARKET --- p.16
Chapter 1.4 --- HONG KONG: A CAPITAL MARKET WITH CHINESE CHARACTERISTICS --- p.21
Chapter 1.5 --- THE ROAD TO THE HONG KONG BOURSE --- p.26
Chapter 1.6 --- AN ECONOMIC ANALYSIS OF CROSS-LISTING --- p.34
Chapter 1.7 --- CONCEPTUAL FRAMEWORK --- p.39
Chapter CHAPTER II --- LITERATURE REVIEW --- p.45
INTRODUCTION --- p.45
Chapter 2.1 --- CONCEPT OF CORPORATE GOVERNANCE --- p.47
Chapter 2.2 --- AGENCY COST --- p.51
Chapter 2.3 --- CONVERGENCE --- p.55
Chapter 2.4 --- THE BONDING HYPOTHESIS --- p.59
Chapter 2.5 --- CHALLENGING THE BONDING HYPOTHESIS --- p.65
Chapter 2.6 --- CROSS-LISTING IN THE H-SHARE CONTEXT --- p.68
Chapter CHAPTER III --- INFORMATION DISCLOSURE --- p.72
INTRODUCTION --- p.72
Chapter 3.1 --- GENERAL DIFFERENCES OF THE TWO DISCLOSURE REGIMES --- p.74
Chapter 3.1.1 --- Rulemaking --- p.74
Chapter 3.1.1(A) --- China --- p.75
Chapter 3.1.1(B) --- Hong Kong --- p.75
Chapter 3.1.2 --- Disclosure Medium --- p.76
Chapter 3.1.2(A) --- China --- p.76
Chapter 3.1.2(B) --- Hong Kong --- p.77
Chapter 3.1.3 --- Disclosure Language --- p.78
Chapter 3.1.3(A) --- China --- p.78
Chapter 3.1.3(B) --- Hong Kong --- p.79
Chapter 3.2 --- PROSPECTUS --- p.79
Chapter 3.2.1 --- Financial Report --- p.80
Chapter 3.2.1(A) --- China --- p.80
Chapter 3.2.1(B) --- Hong Kong --- p.81
Chapter 3.2.2 --- Business Activities, Products, and/or Services --- p.81
Chapter 3.2.2(A) --- China --- p.82
Chapter 3.2.2(B) --- Hong Kong --- p.83
Chapter 3.2.3 --- Shareholding Structure --- p.83
Chapter 3.2.3(A) --- China --- p.84
Chapter 3.2.3(B) --- Hong Kong --- p.85
Chapter 3.2.4 --- Development Plan --- p.85
Chapter 3.2.4(A) --- China --- p.85
Chapter 3.2.4(B) --- Hong Kong --- p.86
Chapter 3.3 --- PERIODIC REPORTING --- p.86
Chapter 3.3.1 --- Accounting Standards --- p.87
Chapter 3.3.1(A) --- Accounting Harmonization --- p.87
Chapter 3.3.1(B) --- China --- p.88
Chapter 3.3.1(C) --- Hong Kong --- p.89
Chapter 3.3.1(D) --- Harmonization Between China and Hong Kong --- p.90
Chapter 3.3.2 --- Mandatory Quarterly Reporting (MQR) --- p.91
Chapter 3.3.2(A) --- China --- p.91
Chapter 3.3.2(B) --- Hong Kong --- p.92
Chapter 3.4 --- AD HOC DISCLOSURE --- p.94
Chapter 3.4.1 --- PSI --- p.94
Chapter 3.4.1(A) --- China --- p.95
Chapter 3.4.1(B) --- Hong Kong --- p.96
Chapter 3.4.2 --- Disclosure of Connected Transactions --- p.97
Chapter 3.4.2(A) --- China --- p.98
Chapter 3.4.2(B) --- Hong Kong --- p.102
Chapter 3.4.3 --- Disclosure of Notifiable Transactions --- p.106
Chapter 3.4.3(A) --- China --- p.106
Chapter 3.4.3(B) --- Hong Kong --- p.108
CONCLUSION --- p.111
Chapter CHAPTER IV --- INDEPENDENT DIRECTOR --- p.113
INTRODUCTION --- p.113
Chapter 4.1 --- AGENCY COST, BOARD INDEPENDENCE, AND CORPORATE PERFORMANCE --- p.116
Chapter 4.2 --- INDEPENDENT DIRECTORS IN CHINA --- p.119
Chapter 4.2.1 --- Regulatory Rules --- p.119
Chapter 4.2.1(A) --- Guidelines for the Articles of Association of Listed Companies --- p.120
Chapter 4.2.1(B) --- Guiding Opinions on the Establishment of Independent Director System for Listed Companies --- p.121
Chapter 4.2.1(C) --- Principles of Corporate Governance for Listed Companies --- p.123
Chapter 4.2.2 --- Implementation of the Institution of Independent Director --- p.125
Chapter 4.2.3 --- Empirical Results --- p.126
Chapter 4.2.4 --- A Wrong Prescription for the Governance Disease --- p.127
Chapter 4.3 --- INDEPENDENT DIRECTORS IN HONG KONG --- p.132
Chapter 4.3.1 --- Regulatory Rules --- p.132
Chapter 4.3.1(A) --- Listing Rules --- p.133
Chapter 4.3.1(B) --- Code on Corporate Governance Practices --- p.134
Chapter 4.3.2 --- The Same Wrong Prescription --- p.136
Chapter 4.4 --- INDEPENDENT DIRECTORS OF H-SHARE COMPANIES --- p.140
Chapter 4.4.1 --- Regulatory Rules --- p.141
Chapter 4.4.2 --- Comparison of the Minimum Mandatory Requirements --- p.142
Chapter 4.4.3 --- Sample Study --- p.143
Chapter 4.4.3(A) --- Employment of INEDs --- p.143
Chapter 4.4.3(B) --- Specialized Committee --- p.144
Chapter 4.4.3(C) --- Occupational Background of INEDs --- p.145
CONCLUSION --- p.146
Chapter CHAPTER V --- GATEKEEPER --- p.148
INTRODUCTION --- p.148
Chapter 5.1 --- SPONSOR --- p.151
Chapter 5.1.1 --- China --- p.152
Chapter 5.1.2 --- Hong Kong --- p.157
Chapter 5.2 --- AUDITOR --- p.163
Chapter 5.2.1 --- China --- p.163
Chapter 5.2.2 --- Hong Kong --- p.168
Chapter 5.3 --- CORPORATE ATTORNEY --- p.173
Chapter 5.3.1 --- China --- p.173
Chapter 5.3.2 --- Hong Kong --- p.177
Chapter 5.4 --- CRA --- p.182
Chapter 5.4.1 --- China --- p.183
Chapter 5.4.2 --- Hong Kong --- p.189
CONCLUSION --- p.192
Chapter CHAPTER VI --- PUBLIC ENFORCEMENT --- p.196
INTRODUCTION --- p.196
Chapter 6.1 --- PUBLIC ENFORCEMENT IN CHINA --- p.199
Chapter 6.1.1 --- CSRC --- p.199
Chapter 6.1.1(A) --- The Primitive Stage --- p.200
Chapter 6.1.1(B) --- The Medieval Stage --- p.201
Chapter 6.1.1(C) --- The Modern Stage --- p.204
Chapter 6.1.1(D) --- CSRC Sanctions --- p.204
Chapter 6.1.2 --- Stock Exchange Self-Regulation --- p.207
Chapter 6.2 --- PUBLIC ENFORCEMENT IN HONG KONG --- p.213
Chapter 6.2.1 --- Hong Kong Government --- p.213
Chapter 6.2.2 --- SFC --- p.214
Chapter 6.2.3 --- MMT --- p.219
Chapter 6.2.4 --- SEHK --- p.221
Chapter 6.2.5 --- The CITIC Pacific Case --- p.223
Chapter 6.2.6 --- Maintenance of the Non-statutory SEHK Listing Rules --- p.226
Chapter 6.3 --- EFFECTS OF REPUTATIONAL SANCTIONS IN CHINA AND HONG KONG --- p.230
Chapter 6.3.1 --- Do Listed Companies Care? --- p.230
Chapter 6.3.2 --- Share Price Reaction --- p.232
Chapter 6.3.2(A) --- Sample --- p.232
Chapter 6.3.2(B) --- Measurement of Cumulative Abnormal Returns (CAR) --- p.233
Chapter 6.3.2(C) --- Results --- p.234
Chapter 6.3.3 --- Collateral Effects --- p.235
Chapter 6.4 --- LIMITED EFFECTS OF REPUTATIONAL SANCTIONS ON H-SHARE COMPANIES --- p.237
CONCLUSION --- p.240
Chapter CHAPTER VII --- PRIVATE ENFORCEMENT --- p.242
INTRODUCTION --- p.242
Chapter 7.1 --- SECURITIES LAW --- p.245
Chapter 7.1.1 --- China --- p.245
Chapter 7.1.2 --- Hong Kong --- p.248
Chapter 7.2 --- CORPORATE LAW --- p.253
Chapter 7.2.1 --- The Common Law Rule in Foss v Harbottle --- p.253
Chapter 7.2.2 --- The New Derivative Action in China --- p.255
Chapter 7.2.2(A) --- Background --- p.255
Chapter 7.2.2(B) --- Locus Standi --- p.257
Chapter 7.2.2(C) --- Standing Requirement --- p.260
Chapter 7.2.2(D) --- Personal Benefit --- p.261
Chapter 7.2.2(E) --- Funding the Action --- p.262
Chapter 7.2.3 --- The Statutory Derivative Action in Hong Kong --- p.265
Chapter 7.2.3(A) --- Member --- p.266
Chapter 7.2.3(B) --- Specified Corporation --- p.267
Chapter 7.2.3(C) --- Misfeasance --- p.268
Chapter 7.2.3(D) --- Preconditions for Leave --- p.269
Chapter 7.2.4 --- Private Enforcement Under the MPAAOs --- p.274
Chapter 7.2.4(A) --- Enforcement by Arbitration --- p.274
Chapter 7.2.4(B) --- Arbitration Procedures --- p.278
Chapter 7.2.4(C) --- Enforcement of Arbitral Awards --- p.281
CONCLUSION --- p.286
CONCLUSION --- p.288
INFORMATION DISCLOSURE --- p.289
INDEDPENDENT DIRECTOR --- p.291
GATEKEEPER --- p.292
PUBLIC ENFORCEMENT --- p.296
PRIVATE ENFORCEMENT --- p.297
OVERALL BONDING EFFECT --- p.299

This study examines the employment of non-citizens within the framework of appropriate regulatory statues and constitutional dispensations, as contained in the domestic legislation of the individual countries, Botswana, Namibia, South Africa and Lesotho as part of the Southern African Development Community (SADC). Focusing on labour law development regarding the legislative position of the employment of non-citizens, such as; immigration requirements, basic minimum employment conditions and protection of employment rights have consequently been part of Africa-China economic relations with SADC host countries. The People's Republic of China (PRC), or China, assistance and its Foreign Direct Investment (FDI) impacts SADC globalised market economies. China State and Chinese companies, increasing engagements in Botswana, Namibia, and South Africa and to a lesser extent in Lesotho, through extended foreign diplomatic and bilateral trade relationships, are characterised by dominant employment of Chinese non-citizens within these host countries. Botswana and the other host countries’ labour market regulative legislation, faces the challenge of developing labour law regulating the protection of decent work, within the international ILO framework for fair and stable globalisation. Assessment of the current labour laws, and economic influences of the individual countries, would bridge the legal cultural gap and enhance sustainable economic growth. Valuable lessons learned from within the region have the potential of ensuring a more mutually beneficial outcome to the "win-win" scenario, from an African perspective, regarding China-Africa relationships.
LLM, North-West University, Potchefstroom Campus, 2015

在網絡上，資訊技術及其使用改革了版權作品的使用方式。因特網根本性改變了版權市場。本文試圖論證，中國內地法律必須給予資訊技術足夠的發展空間，同時不能不合理地損害版權所有人的利益。
本文認爲，在中國版權立法和適用中，版權功利主義理論起著根本性作用。根據功利主義，版權法的目標是促使社會文明的最大化發展。而且中國政府必須發展數字經濟，且須保證其版權法合理地促使網絡中間商運行和投資中國數字經濟。中國版權法需爲資訊技術提供足夠的發展空間。
基於為資訊技術發展尋求足夠發展空間的目的，本文分析了Sony案抗辯，通知－删除避風港，誘導侵權和合理使用。中國必須合理解釋中國現有制度，從而避免給網絡中間商加以不合理的責任。關於版權侵權抗辯，中國應該引入美國的 Sony抗辯，作為衡量是否侵犯版權的一個因素。且避風港保護的範圍應該被擴展至包含所有網路中間商，以保證未來技術的未知發展擁有足夠的呼吸空間。而且，至少，中國應該採用某些善意轉換性使用的窮盡式合理使用抗辯，以促進現有技術的運行。且更合適的是，採用非窮盡式的合理使用抗辯，其範圍包括所有對社會有用的網路中間服務的必須運營活動，並通過確保資訊技術發展的方式。
一個好的法律框架可以對人類的進步有著積極的影響，不然它會對社會發展起著阻礙作用。我們需要的法律框架應該同時促進版權和信息傳播技術的發展。這意味著，在保證版權産業正常運行的同時，該法律框架應爲技術發展提供肥沃的成長土壤。
Information technology and its usage on the internet have revolutionized the way in which various copyrighted works are captured, stored, copied and distributed. By expanding the breadth, diversity and sheer number of copyrighted works in existence, the internet has fundamentally changed the nature of copyright markets.
This thesis attempts to argue that the laws in Mainland China should reserve enough space for information technologies to develop, without unreasonably prejudicing the interests of copyright holders.
This thesis contends that the utilitarian justification for copyright plays an underlying role in both Chinese copyright legislation and judicial application. Under the utilitarian model in China, fostering a maximization of culture development is the aim of the copyright law. As such, in the era of information overload, the Chinese government should aim to develop the Digital Economy. In order to achieve this aim, it needs to start by ensuring that its copyright law appropriately enables Internet Intermediaries to operate and to invest in creating Chinese Digital Economy. Copyright law in China needs to create room to move.
This thesis examines Sony defense, notice-and-take-down safe harbors, inducement liability and fair use, for the purpose of seeking enough space for information technology development. The existing rules in China, e.g. inducement liability, should be interpreted as avoiding placing unreasonable burden on internet intermediaries. As to the defenses against copyright infringement, Sony defense in the US should be introduced as a factor in assessing copyright infringement in China. And the scope of safe harbor protection should be extended to include all internet intermediaries, for the purpose of providing breathing room for unanticipated technology developments. Moreover, at the very least, certain fair dealing exceptions for certain transformative use in good faith should be adopted in China to foster the existing operations of information technology. And it is more desirable to introduce a non-exhaustive fair dealing exception to cover activities necessary to run all socially useful internet intermeiary services, in the way of ensuring information technology development.
A well-designed legal system should have positive impacts on the human progress; or otherwise, it would have deterrence effects on the social development. A legal system which promotes both copyright and communication technologies creations is what we need in the future. This kind of system requires a fertile land for technologies innovation without destroying the developments of the entertainment industries
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Xie, Lin.
Thesis (Ph.D.)--Chinese University of Hong Kong, 2012.
Includes bibliographical references.
Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web.
Abstract also in Chinese.
Chapter 1 --- Introduction --- p.1
Chapter 1.1 --- Thesis Argument --- p.1
Chapter 1.2 --- Background --- p.2
Chapter 1.3 --- Summary --- p.6
Chapter 2 --- Theoretical Framework in China --- p.11
Chapter 2.1 --- Justifications for Copyright --- p.11
Chapter 2.2 --- Traditional Chinese Culture --- p.15
Chapter 2.3 --- The Development of Modern Copyright Law in China --- p.21
Chapter 2.4 --- International Relationship --- p.27
Chapter 2.5 --- Utilitarian Justification in Digital Era in China --- p.31
Chapter 3 --- Aggressive Measures on the Unauthorized File-sharing Problem --- p.36
Chapter 3.1 --- Criminal Liability of Internet users --- p.36
Chapter 3.2 --- Benefits and Costs --- p.49
Chapter 3.3 --- Graduated Response Scheme --- p.52
Chapter 3.4 --- The Nature of Unauthorized Online File-sharing Problem --- p.59
Chapter 3.5 --- Alternative Solutions --- p.65
Chapter 3.6 --- Implications for China --- p.68
Chapter 4 --- Sony Defense under Traditional Indirect Liabilities --- p.71
Chapter 4.1 --- Traditional Liabilities for Third Parties’ Infringement --- p.72
Chapter 4.2 --- Sony Defense --- p.82
Chapter 4.3 --- Assessing Sony Defense --- p.98
Chapter 5 --- The Notice-and-Take-Down Safe Harbors of Online Service Providers --- p.102
Chapter 5.1 --- Introduction on the Notice-and-Take-Down Safe Harbors --- p.102
Chapter 5.2 --- Threshold Requirements of the Notice-and-Take-Down Safe Harbors --- p.108
Chapter 5.3 --- A Proposed Safe Harbor Framework in China --- p.142
Chapter 6 --- Inducement Liability of Service Providers --- p.145
Chapter 6.1 --- Inducement Liability in China --- p.145
Chapter 6.2 --- Inducement Liability in the US --- p.151
Chapter 6.3 --- Implications for China --- p.170
Chapter 7 --- Transformative Use of Copyrighted Works: A Proposed Fair Dealing Exception for Internet Intermediaries --- p.176
Chapter 7.1 --- Introduction --- p.176
Chapter 7.2 --- Transformative Use in the US --- p.178
Chapter 7.3 --- Transformative Use under Australian and Chinese Copyright Law --- p.188
Chapter 7.4 --- A Proposed Fair Dealing Exception --- p.198
Chapter 7.5 --- Conclusion --- p.201
Chapter 8 --- Liabilities of a Search Engine’s Cache --- p.202
Chapter 8.1 --- Introduction --- p.202
Chapter 8.2 --- Liabilities of a Search Engine’s Cache in China --- p.208
Chapter 8.3 --- Direct Infringement --- p.215
Chapter 8.4 --- The Safe Harbor Protection --- p.223
Chapter 8.5 --- Implied License --- p.236
Chapter 8.6 --- Fair Use --- p.242
Chapter 9 --- Fair Use or Fair Dealing? --- p.246
Chapter 9.1 --- Introduction --- p.246
Chapter 9.2 --- Fair Dealing in China --- p.248
Chapter 9.2 --- Introduce a Flexible Exception into Copyright in China --- p.263
Chapter 10 --- Conclusion --- p.272

碩士
國立交通大學
管理學院碩士在職專班科技法律組
97
The issue regarding intellectual property protection of international business has aroused much attention of the World Trade Organization（WTO）, whose measure of bringing Intellectual Property Rights（IPR） to the level of international common regulations through the form of agreements is a presentation of substantial measures put into effect by countries around the world to improve the current situation of IPR protection. Based on the international flow of products manufactured in China（Made-in-China Goods）, this study probes into the customs measures of IPR protection of China. In addition to the Agreement on Trade-related Aspects of Intellectual Property Rights（TRIPS）of the WTO, the background knowledge of this study also include the historical background of the World Customs Organization’s（WCO’s）influences on the legislation on border measures and its relevant legal copies called “Model Legislation”, as well as the business practice and customs law enforcement of the major and secondary trading opponents of China. As an explanatory study and based on the border measures of IPR protection, this study focuses on the China’s the border measures of IPR and applies the secondary data study method. This study is divided into the following 5 chapters: Introduction, The causes and current situation o the development of IPR customs protection, International atmosphere and the attitude of trading opponents, Analysis into the IPR customs protection of China, and Conclusion. First, this study tries to understand the reasons, historical background, and relevant regulations of the establishment of IPR border measures. Secondly, it traces back to the history of the establishment of IPR customs protection measures of China, compares China’s legal regulations and international regulations, and observes the systematic aspect of the regulations. Finally, it discusses the practical difficulties of execution and provides suggestions with regard to the systematic and practical aspects of IPR customs measures of China. The customs measures of the WTO and WCO share the same historical backgrounds. These two measures appear to form the backbone of China border protection for the time being. Other reasons for China Customs to implement IPR protection are U.S-China IPR Memorandum of Understanding (MOUs). After this explanatory study on China Customs’ border measures, the researcher has found out that in addition to environmental factors, China’s negotiation with the U.S. regarding IPR disputes was in fact the major causes of its establishment of IPR border measures. However, it has also been discovered that since the establishment of the IPR border protection system, there still have not been perfect connections between China’s border measures in terms of legal regulations with international measures. Owing to the PRC’s special political-economic conditions, China Customs’ IPR border measures cannot achieve the international standard. They cannot effectively limit the import/export of infringements or counterfeit goods. It’s found some structural problems existing in PRC’s（People’s Republic of China）General Administration of Customs（GAC）that IPR infringements couldn’t be eliminated at all. Furthermore, the challenges of the execution of IPR border protection still need to be overcome. In their enactment as well as in enforcement of IPR border measures, China Customs still has a long way to go. Overall, there is room for improvements regarding the IPR border protection measures of China.

Sun, Yu.
"August 2010."
Thesis (M.Phil.)--Chinese University of Hong Kong, 2010.
Includes bibliographical references (leaves 239-245).
Abstracts in English and Chinese.
TABLES AND CHARTS --- p.iv
REGULATIONS AND ABBREVIATIONS --- p.v
Chapter CHAPTER 1 --- INTRODUCTION --- p.1
Chapter CHATPER 2 --- CONSTRUCTING A FRAMEWORK FOR COMPENSATING WORK-RELATED INJURY: AN IMPORTANT MISSION --- p.31
Chapter CHAPTER 3 --- WORKERS' COMPENSATION SYSTEM IN CHINA: STRUCTURE AND PROBLEMS --- p.60
Chapter CHAPTER 4 --- WORKERS' COMPENSATION MODEL THEORY AND ITS CHANGE THROUGH GLOBAL PERSPECTIVE --- p.112
Chapter CHAPTER 5 --- FEASIBLE STRUCTURE FOR WORKERS' COMPENSATION SYSTEM IN CHINA --- p.146
Chapter CHAPTER 6 --- FURTHER REFORM CONSIDERATIONS FOR WORKERS' COMPENSATION SYSTEM IN CHINA --- p.201
DETAILED TABLE OF CONTENTS --- p.233
REFERENCE --- p.239

by Lee Pui-Wah, Josephine.
Thesis (M.B.A.)--Chinese University of Hong Kong, 1997.
Includes bibliographical references (leaves 41-42).
ABSTRACT --- p.ii
ACKNOWLEDGEMENTS --- p.iii
TABLE OF CONTENTS --- p.iv
Chapter
Chapter I. --- INTRODUCTION --- p.1
Purpose of Study --- p.3
Chapter II. --- METHODOLOG --- p.4
Approach --- p.4
Time Horizon Covered in the Paper --- p.5
Assumption --- p.5
General Problems of Studies in China --- p.5
Chapter III. --- CHINESE SHAREHOLDING REFORM AND OPERATING ENVIRONMENT --- p.6
Chinese Legal System --- p.6
Hong Kong Stock Market - H Shares Profile --- p.7
Chinese Stock Market - A Shares Profile --- p.8
Chapter IV. --- THEORIES RELATED TO STOCK MARKET REGULATION --- p.12
Market Failure Theory --- p.14
Public Choice Theory --- p.15
COMPARATIVE ANALYSIS --- p.17
Information Disclosure Related to Important Transactions --- p.18
Information Disclosure Related to Takeover and Merger --- p.20
Financial Information --- p.23
Disclosure of Directors' and Substantial Shareholders' Interests --- p.24
Chapter V. --- EVALUATION --- p.25
Depth and Breadth of Information --- p.25
The Quality of Information --- p.26
Difficulties that Issuers Confront --- p.27
Cultural Influence --- p.27
Lack of Motivation --- p.28
Lack of Education and standards --- p.28
The Importance of Information in a Speculative Market --- p.29
Nature of Reform --- p.30
Chapter VI. --- CONCLUSION --- p.31
APPENDIX --- p.34
BIBLIORGRAPHY --- p.41

Zhang, Yaling.
Thesis (Ph.D.)--Chinese University of Hong Kong, 2011.
Includes bibliographical references (leaves 226-242).
Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web.
Abstract also in Chinese.

Traditional Chinese Medicine (TCM) has been common practice for many years, and part of the treatment plan of several million patients in the world. This includes areas such as Great Britain, USA, Germany, the Netherlands, Ireland, Switzerland and China. However, its possibilities in the territory of the Czech Republic are limited and insufficiently mapped (the area of practicing TCM for non-medical education practitioners). The thesis analyzes the current situation of doctors and practitioners applying TCM in the territory of the Czech Republic compared to other countries where TCM has been successfully established within the health system for many years. It also aims to find out how doctors and practitioners advocate their focus, what reasons they present for treatment with the TCM and how they deal with the criticism of their colleagues from the West. The work will include findings on why conventional physicians are heading towards Eastern medicine. Due to the debate of the topic, the thesis will continue to deal with the legislative anchoring of TCM in the laws of the Czech Republic and the world. The theoretical part of the thesis presents basic concepts related to the history and philosophy of the TCM. It also describes methods of diagnostics, treatment and pillars that the TCM supports...

This thesis offers a comparative study of Chinese and the U.S. legislations on the issue of cross-border insolvency. China has included one article concerning this issue in its Enterprise Bankruptcy Law promulgated in 2006. Four years after that, when facing a real case, it is found that the legislation is too preliminary to be used. In the meantime, great efforts have been made among many western countries in order to promote international cooperation on this issue. The United States is one of the most active countries. This thesis analyzes the Chinese version of cross-border insolvency legislation, factor by factor. It also does case study of mostly U.S. cases and some other countries’ cases and tries to find out how the courts interpret the corresponding factors. In doing so, it hopes to improve the Chinese legislation by taking international experience as reference.

碩士
淡江大學
資訊與圖書館學系碩士班
104
The purpose of this study is to understand public libraries offer e-books service conditions, promotion of digital reading culture situations, domestic electronic authorization to procure e-books methods, and related legislations for e-books in Taiwan. The research achievements can provide references for regulations of the e-books procurement policies of public libraries in Taiwan. Through documentary analysis and interview method, using purposive sampling to select subjects are 6 public libraries of national and municipalities, the interviewees are librarian or director who responsible for e-books procurement operations. Collecting and analysis the document, using semi-structured interview, design the interviews outline of the 3 dimensions that about the e-books services and related issues, the situation with the purchase of e-books license, e-books involving existing related legislations and legislations to improve direction in the future, total are 12 questions. The findings of this study are summarized as follows: 1. Not only e-books resources distributed unevenly in public library but also digital reading culture is not popular in Taiwan. 2. Public libraries are use the multi-pipeline to promote and collect e-books services. 3. Related legislations and policies are lack government promote and out of date in Taiwan. 4. All kinds of the e-books platforms and licensing models cause inconvenience of problem by users and public librarians. Finally, according to interviews and research findings, several suggestions are provided to public libraries, e-books producers and government agencies. For public libraries are about the lack of budget and procure for e-books. In relation to e-books producers opinions of price model, licensing terms, and pricing of e-books, technologies, standards, systems, services and uses like related to the platforms of e-books, check on the source, quality and rich of e-books works, and the interactive collaboration between public libraries. As regards government agencies, increase in professional and capability of primary-level public libraries librarians, selection personnel to revise related legislations of libraries, and to aid in system and revise legislations of libraries and so on.

The illegal trade in endangered animals in KwaZulu-Natal, with an emphasis on rhino poaching, is tactically addressed in this dissertation. The aim is to expose the nature and extent of these crimes; the victims, offenders and modus operandi involved; the adjudication of wildlife offences; the causes and consequences concerned; the relevant criminological theories to explain these crimes; and recommendations for prevention. This research intends to examine the contemporary pandemic of rhino poaching in KwaZulu-Natal, South Africa, and offer potential techniques for intervention. Furthermore, one of the main goals of the study is to reveal and enhance the extremely neglected field of conservation criminology. A general disregard by society for the environment, as well as the overall ineffectiveness and corruption of criminal justice and conservation authorities, comes to the fore. The purpose of the research is therefore to suggest possible prevention strategies in order to protect the rights of endangered species.
Criminology and Security Science
M.A. (Criminology)

碩士
國立政治大學
傳播學院傳播碩士學位學程
106
On November 7, 2016, China has released a groundbreaking Film law, Film Industry Promotion Law of the People's Republic of China, which is the first film law in the history of PRC. Film has played an important role in modern China with its political, commercial and artistic characteristics. It is intrigued that, the Film was considered as an economic industry only for about two decades; however, the government intended to boost this “industry” by rapid legislation. This dissertation tries to interpret the purpose and evaluate the effectiveness of film legislation through a critical political-economic perspective of communication. It focuses on the historical retrospection of the process of film legislation and conduct an analysis of the texts of regulations and laws, especially Regulations on Administration of the Films Industry (1996 / 2001) and Film Industry Promotion Law (2016). As its conclusion, it’s fair to say that, in China, the state manipulates the capital while in turn the capital commands the film industry.