Journal articles: 'Chinese legislation'

1

Mao, Xin. "Chinese eugenic legislation." Lancet 349, no. 9045 (January 1997): 139. http://dx.doi.org/10.1016/s0140-6736(05)60930-0.

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Hongyan, Liu. "SYSTEMIC REFORM OF CHINESE ANTICORRUPTION LEGISLATION AND ENFORCEMENT PRACTICE." Law Enforcement Review 1, no. 4 (January 10, 2018): 140–47. http://dx.doi.org/10.24147/2542-1514.2017.1(4).140-147.

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The subject. The article is devoted to the analysis of ongoing systematic reform of Chinese anticorruption legislation and practice of its enforcement.The purpose of the article is to formulate ways of improvement Chinese anti-corruption legislation.The methods of legislation analysis and synthesis of legislative gaps and contradictions are used.The results, scope of application. Nowadays, China is moving from the struggle against corruption by political means to the struggle by legal means. In attempt to construct a system of anti-corruption legislation, China is actively forming a dualistic normative system and a mechanism for the interaction between party norms and state legislation. A multilevel vertical-integrated system of anti-corruption legislation with "The anti-corruption law" as a core was created; the Party is stressing the priority status of preventive legislation and the auxiliary role of legislation on control over power. This system should became the basis for building Chinese anti-corruption legislation. The author formulated a system of principles of Chinese anti-corruption legislation, including the principles of efficiency, consistency, economy and gradualism. The importance of the anti-corruption legislative program, the task formulated in 2015, is underlined. The list of the main anti-corruption legislative acts has been determined, including legislation in the aspects "do not dare to take [bribes]", "cannot take [bribes]" and "do not want to take [bribes]". The problem of improving the legislation in the "do not dare to take" aspect have been specially considered, including improvement of criminal legislation, adoption of the law on accountability and responsibility of public servants, as well as the adoption of an anti-corruption law. The main alternatives and problems of improving legislation in the context of "not being able to take" are considered, such as adoption of laws on declaration of property of public servants, on pre-vention of conflict of interests, on transparency of the administration, on public hearings, and the improvement of party norms.Conclusions. China is experiencing a crucial turning point in the fight against corruption since the beginning of the modernization transformation and is in the strategic "window of opportunities". Active and systematic construction of anti-corruption legislation, the transit from formal counteraction to real counteraction is the key to overcoming the current "corruption crisis with Chinese characteristics".

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Wang, Zhihua. "Chinese revolutions and codification of Chinese civil legislation." Vestnik of Saint Petersburg University. Law 9, no. 3 (2018): 422–32. http://dx.doi.org/10.21638/11701/spbu14.2018.311.

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Pei, Jiamin, and Jian Li. "A corpus-based investigation of modal verbs in Chinese civil-commercial legislation and its English versions." International Journal of Legal Discourse 3, no. 1 (August 28, 2018): 77–102. http://dx.doi.org/10.1515/ijld-2018-2003.

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Abstract This paper aims to investigate the distribution of semantic meanings and values of modal verbs in Chinese civil-commercial legislation and its English versions. This is a corpus-based study with two corpora (one is Chinese corpora including 33 Chinese civil-commercial legislative instruments totaling about 343,677 tokens and the other English corpora including 33 corresponding English versions totaling about 254,621 tokens) compiled according to the taxonomic law branches in the People’s Republic of China. The corpus tools, word2vector, AntConc 3.5.7 and SPSS 19.0, were employed for data filtering and analysis. Results of the study show that deontic modal verbs indicating obligation, permission and prohibition are the most frequently used type of modal verbs and the values of Chinese modal verbs and English modal verbs are significantly different. Moreover, the frequency of modal verbs in both corpora reflects the divergence of context culture between Chinese and English. Additionally, the choice of modal verbs in two corpora demonstrates the negotiability, compromise and humanity of Chinese civil-commercial legislation, which conforms to its interpersonal function. Furthermore, throughout analyzing the examples extracted from two corpora, this study attempts to provide some insights to the modal translation, during which the consistency and equivalence in terms of semantic meanings and modal values are of critical importance in legislative translation.

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Liston, Jeff. "Fossil protection legislation: Chinese issues, global problems." Biological Journal of the Linnean Society 113, no. 3 (October 18, 2014): 694–706. http://dx.doi.org/10.1111/bij.12293.

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Aimin, Qi, and Chen Xing. "The Chinese approach to spam regulation legislation." International Journal of Intellectual Property Management 6, no. 1/2 (2013): 79. http://dx.doi.org/10.1504/ijipm.2013.053450.

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Wang, Tiankai. "A Comparison of U.S. and Chinese Performance Measurement Legislation." Chinese Public Administration Review 6, no. 3/4 (November 5, 2016): 13. http://dx.doi.org/10.22140/cpar.v6i3/4.88.

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This study reviews the development of performance measurement in the United States and China, and compares the differences in related legislation between the two countries. U.S. performance measurement legislation is more sophisticated and advanced than that in China. China’s economic development has contributed to the lag in performance measurement legislation and philosophy. It is meaningful for China to learn from the U.S. experience to improve its performance measurement. This study proposes some suggestions to improve Chinese performance measurement legislation.

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Kim, Jung-Jin. "Chinese Policy and Legislation about Medical Appliance distribution." Wonkwang University Legal Research Institute 17 (June 30, 2017): 53–79. http://dx.doi.org/10.22397/bml.2017.17.53.

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Ronghua, W., and C. Hanxi. "International Institutions and the Chinese Red Cross Legislation." Chinese Journal of International Politics 2, no. 1 (January 1, 2008): 73–108. http://dx.doi.org/10.1093/cjip/pon004.

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Liang, Xueting, and Lei Feng. "Rethinking of the Chinese Approach to Physician Apology Legislation: From the Legislative Dilemma of Transplantation." Open Journal of Medical Psychology 09, no. 02 (2020): 70–78. http://dx.doi.org/10.4236/ojmp.2020.92006.

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11

Hua, Shiping, and Liu Chang. "Chinese Laws on Legislation at the Local Level (II)." Chinese Law & Government 44, no. 5 (September 2011): 4–8. http://dx.doi.org/10.2753/clg0009-4609440500.

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Wunsch, Gerald A., and Dingfa Liu. "Recent Chinese Tax Legislation Affecting Foreign Investment in China." Indiana International & Comparative Law Review 2, no. 2 (January 2, 1992): 415–32. http://dx.doi.org/10.18060/17446.

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윤성혜. "Study on Chinese Policies and Legislation on Environmental Hormones." Chinese Law Review 36, no. ll (November 2018): 609–34. http://dx.doi.org/10.22415/clr.2018.36..022.

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Seidman, Ann, and Robert B. Seidman. "Drafting Legislation for Development: Lessons from a Chinese Project." American Journal of Comparative Law 44, no. 1 (1996): 1. http://dx.doi.org/10.2307/840519.

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15

Xinhe, Cheng, and Li Zhenghua. "The Application of Comparative Law to Chinese Economic Legislation." Asia Pacific Law Review 3, sup1 (December 1994): 150–56. http://dx.doi.org/10.1080/18758444.1994.11788016.

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XUAN, LIHUA. "Development and Prospect of Chinese Women’s Labor Rights Legislation." Wonkwang University Legal Research Institute 34, no. 1 (March 23, 2018): 219–31. http://dx.doi.org/10.22397/wlri.2018.34.1.219.

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Xu Qianfei and Zhao Bingzhi. "Reseach on Legislation and Improvement of Chinese Environmental Crimes." Korean Journal of Comparative Criminal Law 11, no. 2 (December 2009): 537–58. http://dx.doi.org/10.23894/kjccl.2009.11.2.024.

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Tursun, Gulazat. "Integrating Minorities Through Legislation: A Chinese Point of View." Asia-Pacific Journal on Human Rights and the Law 12, no. 1 (2011): 27–55. http://dx.doi.org/10.1163/138819011x12984550576439.

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Трощинский, Павел, and Pavel Troshchinskiy. "Impact of Tradition on Law of Modern China." Journal of Russian Law 2, no. 8 (September 22, 2014): 94–106. http://dx.doi.org/10.12737/5281.

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The article discusses some features of the modern legal system in China , formed under the direct influence of Chinese traditional concepts about the role of the Right and the Law in the society. The attention is focused on moral teachings of Confucius and the views of legalists, that had had a decisive influence on legal culture and legal consciousness of a Chinese citizen. Explores the attitude of Chinee to liability and punishment, the death penalty, specificity of the legal regulation of social relations in the Chinese state. Provides examples from the law enforcement practices and legislative activity, confirming the close relationship between the modern and the traditional law in China. The special place in researching is occupied by issues of crackdown legal liability against violators of legal regulations. Analyzes the most resonance criminal cases in relation of those people, who sentenced to death , have committed crimes in the field of illicit drug trafficking , driving while intoxicated, resulted the death of two or more persons, verdicts to the supreme penalty of persons involved in the addition of melanin in infant formulas. The influence of tradition, customs and moral principles on modern legislative activities of Chinese legislator is confirmed by other examples through the prism of the modern and the traditional law in China. The author calls for to pay more attention to tradition while analyzing the current legislation of China. The modern law of China is closely connected with traditional Chinese concepts about place and role of the Law in society.

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Liu, Qiucen. "The system and development of People’s Republic of China legislation." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 666–78. http://dx.doi.org/10.21638/spbu14.2020.309.

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The article describes the current stage of development of the People’s Republic of China, which is distinguished by the specifics used by the author. Legislative activity in the PRC as a special procedure reflecting the will of the ruling class and supporting the coercive one. The concept of “law” today includes the activities in China of central and local authorities, individual administrative bodies for the adoption of bodies, decrees, administrative acts. According to the PRC Constitution, the National People’s Congress (NPC) and its permanent body, the NPC Standing Committee, are the legislative branch. Within the autonomous administrative territories of the PRC, its legislative power, determined by the Constitution of the PRC, operates. The author turns to the history of Chinese legislation, dwelling separately on the features of autonomous territories and special administrative systems. In the conclusion of the study, three problems emerge from the theory and practice of the PRC legislation: clarification of the guidelines; determination of rights and obligations in the field of legislation; unification of the legislative process. Discussion regarding principles does not currently cross the threshold of science, proposals for practical implementation can be implemented in the future. There are no rights and obligations in the field of legislation, and the problem of risky confusion arises from the two-tier system of legislative bodies and how they are delegated. Finally, the unification of the legislative process is also important, which consists of revising old acts and adopting new achievements of the goal of the current social and technological demands of the state and society.

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Bimbinov, A. A. "Responsibility for Rape under the Criminal Law of the People’s Republic of China." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 125–30. http://dx.doi.org/10.17816/rjls18453.

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A subject of the real research is the criminal legislation of People’s Republic of China on responsibility for rape. In work object of the specified crime is investigated, characteristic of the victim and subject of offense is given, the content of signs of the objective and subjective parties of crime reveals. Also characteristic of the qualifying signs is given in article. It is noted that studying of the foreign legislation and practice of its application is important both from theoretical, and from practical the points of view. Experience of foreign legislators allows to consider possible negative consequences when reforming the domestic legislation. The analysis of judicial practice, opinions of the Chinese and domestic scientists, the kriminogenic and qualifying signs allowed to establish strong and weaknesses of the Chinese legislation regarding a regulation of responsibility for rape. The Russian and Chinese criminal legislation has many common features. In many respects it is caused by the long-term socialist direction of development of the Russian Federation and People’s Republic of China. Nevertheless, the Chinese criminal legislation in the studied part has certain differences. So, for example, social, cultural and political and legal features of the Chinese system did not allow it to develop balanced by criminal - a legal mechanism of protection of the person against sexual encroachments irrespective of his floor. Now in criminal law of People’s Republic of China there is no independent responsibility for violent acts of sexual nature with penetration (anal, oral sexual contact) concerning males (in Russia such actions form the corpus delicti provided by Article 132 of the Criminal code). Such actions, despite high public danger, on the current edition of the law can be qualified only as infliction of harm to health or as dissolute actions.

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Clarke, Donald C. "Introduction: The Chinese Legal System Since 1995: Steady Development and Striking Continuities." China Quarterly 191 (September 2007): 555–66. http://dx.doi.org/10.1017/s0305741007001567.

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In March 1995, The China Quarterly published a special issue devoted to developments in the Chinese legal system. That issue canvassed a wide range of subjects: the legislative process, the implementation of legislation via the interpretive practices of courts and administrative agencies as well as through the enforcement of civil judgements, the personnel staffing the system in the role of legal advisers, criminal law and human rights, the key area of foreign trade and investment law, and finally China's place and role in the international legal order.

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Pan, Dunmei, Binzi Zhao, and Ilia Vasiljev. "Problems of Criminalizing Actions in Chinese Criminal Law." Всероссийский криминологический журнал 13, no. 1 (February 26, 2019): 142–51. http://dx.doi.org/10.17150/2500-4255.2019.13(1).142-151.

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China today witnesses a trend for the emergence of different social risks conditioned by a fast rate of economic growth and a high level of differentiation in social relations. In order to cope with a great number of such risks, China has to constantly improve criminal legislation, among other things, by criminalizing certain publically dangerous actions. The goal of the authors is to determine the borders between criminalization and decriminalization in Chinese criminal legislation, which should correspond to the general level of social development and criminal situation in the country. Taking into consideration the actual necessity to develop in China a system of social management, Amendments No 9 to the Criminal Code of the People’s Republic of China incorporate new offences, widen the list of elements for many existing offences and abolish some norms on exemption from punishment, thus, the legislation has been considerably criminalized. Previous eight Amendments to the Criminal Code of the People’s Republic of China added in total 35 new offences and widened the list of elements of crime for 54 offences, while Amendments No 9 add 20 new offences and widen the list of elements for 14 offences. The authors believe that the trend for criminalization in Chinese criminal legislation will continue, it will be eventually replaced by a trend for maintaining legal stability and gradual decriminalization when China reaches a certain level of social development (when it becomes «a rich, democratic, harmonious, beautiful socialist state»).

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Hou, Yining. "An Investigation on the Legislative Tradition of Should Be Rough Rather Than Detailed in China's Marriage Law—Also on the Early Practice of Chinese Feminist Movement." Asian Social Science 17, no. 8 (July 31, 2021): 38. http://dx.doi.org/10.5539/ass.v17n8p38.

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The Civil Code of the People's Republic of China, which was reviewed and passed in May 2020, continues the tradition of should be rough rather than detailed in China's marriage and family legislation since the promulgation of the Marriage Law of 1950. The embodiment of this tradition in the marriage law text is fewer legal provisions, more general provisions, and more moral norms. This legislative tradition did not come from the Soviet Union but was mainly due to the unique legal nature of the Marriage Law of 1950. This law is the product of the victory of the Chinese feminist movement since the Revolution of 1911. Its legislative tradition of should be rough rather than detailed is determined by the legislative purpose of this law to break the feudal marriage system and protect the rights of women and children, and its unique legal attributes. The formulation of this law was subject to the legislative difficulties and the social reality faced by the marriage law drafting group centered on women leaders. It was a helpless choice in a particular period. In the modern society where China's economy, society, and marriage and family relations have undergone significant changes, it is crucial to improve marriage legislation and reverse the legislation tradition of should be rough rather than detailed, so that the improvement of legislative techniques and legislative goals meet the needs of economic and social development.

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Turłukowski, Ja. "The Form of Ordinary Testaments Under Chinese and Russian Law and in the European Legal Tradition." BRICS Law Journal 7, no. 3 (October 10, 2020): 136–65. http://dx.doi.org/10.21684/2412-2343-2020-7-3-136-165.

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This paper analyses regulations concerning ordinary forms of testament in Russian and Chinese legislation against the background of selected solutions specific for particular European legal systems. It begins with a brief analysis of the development of Chinese and Russian civil law. This is intended to show the differences, but also the similarities, between them, caused, among other things, by the influence of Soviet law as well as ongoing reforms of succession law in both countries. Such similarities justify the need for a comparative examination of these legal orders, while the European context makes it possible to highlight their specific features. Taking into account the aim of this study, particular attention is paid to the normative sources of inheritance law and the traditional division of testaments into ordinary and special wills, something which is a common feature of Russian law, Chinese law and European legal traditions. The paper then examines particular forms of wills commonly found in European legislation, and follows this with a discussion of whether such solutions exist in Chinese and Russian law. Forms of holographic and notarial wills are presented in this manner. Particular attention is paid to forms of wills that occur only in one legal order, e.g. printed testaments as well as video and audio testaments in Chinese law, as well as the several types of notarial wills in Russian law. The paper concludes with a discussion of Russian and Chinese legislation’s various approaches to preserving the genuine will of the testator and the security of the legal transaction.

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Chan, Clara Ho-yan. "Hong Kong bilingual legislation and plain language drafting: A communicative approach." Multilingua 37, no. 6 (October 25, 2018): 681–700. http://dx.doi.org/10.1515/multi-2017-0038.

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Abstract This paper proposes law drafting techniques, especially in Chinese, that aim to enhance the fluency and readability of Hong Kong bilingual legislation. The study is based on the plain language guide published by the Department of Justice of Hong Kong in 2012, with the goal of helping the current legislation to comply with the guidelines. Using data from seven recently-enacted ordinances, the analysis illustrates drafting techniques for their English and Chinese versions in accordance with the plain language guide published by the Department of Justice. This process is accomplished by suggesting revisions for relevant Chinese sections of legislation and their corresponding English sections according to contrasting aspects of English and Chinese grammars. The discussion will also evaluate the plain language drafting and the overall theoretical and philosophical trend of law drafting in Hong Kong, in light of the “Seven Standards of Textuality” proposed by de Beaugrande and Dressler. This is believed to be the first undertaking to study plain legal language against its official guidelines in the Hong Kong context.

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Clarke, Donald C. "Legislating for a Market Economy in China." China Quarterly 191 (September 2007): 567–85. http://dx.doi.org/10.1017/s0305741007001579.

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AbstractSince the early 1990s, China has come a long way in legislating the foundational rules for its reformed economy. Virtually all of the important areas – contracts, business organizations, securities, bankruptcy and secured transactions, to name a few – are now covered by national legislation as well as lower-level regulations. Yet an important feature of a legal structure suited to a market economy is missing: the ability of the system to generate from below solutions to problems not adequately dealt with by existing legislation. The top-down model that has dominated Chinese law reform efforts to date can only do so much. What is needed now is a more welcoming attitude to market-generated solutions to the gaps and other problems that will invariably exist in legislation. The state's distrust of civil-society institutions and other bottom-up initiatives suggests, however, that this different approach will not come easily.

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Bakulina, Polina V., and Ksenia A. Kuzmina. "China’s Policy of Economic Sanctions: Legislation and Enforcement." Financial Journal 13, no. 4 (2021): 24–38. http://dx.doi.org/10.31107/2075-1990-2021-4-24-38.

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This article aims at analyzing the People’s Republic of China’s sanctions policy. The authors put special emphasis on the review of the current Chinese legislation on countering foreign unilateral measures targeting China. The emergence of a legal anti-sanctions framework in China is a development of 2020–2021, driven by the growing number of sanctions against China imposed by the U.S. and its allies against the background of trade war and global strategic competition. At the official level, Beijing remains vocal in condemning unilateral and extraterritorial sanctions by certain countries as violations of international law. Despite that, even before the current large-scale confrontation with the U.S, Chinese policymakers have used restrictive measures against third countries, though they have been traditionally adopted in an informal and opaque manner. Those measures have mostly been used as retaliation for certain acts of other states viewed by China as threats to its sovereignty and territorial integrity, and they have been specifically refined to maximize the impact on the target country while minimizing the damage to the domestic economy. The growing number of anti-China sanctions by the U.S. and its allies based on special legal instruments prompted the PRC to follow suit and create its own framework for introducing countermeasures and blocking mechanisms, although their implementation procedures still largely remain intransparent. China’s first steps were to officially introduce individual restrictions, but the persisting confrontational trends in PRC’s relations with the West might bring about formal or informal broadening of Chinese restrictions to transnational corporations and sectors of economy and promote further formalization of sanctions regimes.

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Oravecz, Márk, Judit Mészáros, Funian Yu, and Ildikó Horváth. "Some issues regarding the Hungarian regulation of traditional Chinese medicine and possible solutions based on examples from the United Kingdom." Orvosi Hetilap 155, no. 15 (April 2014): 575–81. http://dx.doi.org/10.1556/oh.2014.29870.

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This paper aims to present factual information and to suggest possible solutions regarding some of the recent questions which have arisen regarding the regulation of traditional Chinese medicine in Hungary. According to current legislation “traditional Chinese doctors”, who are the most highly trained professionals in this field, are not allowed to practice Chinese medicine and acupuncture in Hungary. This situation cannot be explained by their educational background, as they receive thorough training in both Chinese medicine and modern medical sciences. Furthermore, this legislation is not supported by any EU standard: Traditional Chinese medicine professionals can practice Chinese medicine and acupuncture in a number of European countries within a legal and regulated framework. Different kinds of healthcare professionals may practice Chinese medicine and acupuncture in the UK – this could be a good example for Hungarian regulation. The five-year bachelor level traditional Chinese medicine training at the Faculty of Health Sciences, Semmelweis University and the increasing number of locally trained traditional Chinese medicine professionals could be a good basis for laying the groundwork of the new system. Orv., Hetil., 2014, 155(15), 575–581.

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Guo-Fu Liu. "Chinese Skilled Migration Legislation and Its Introduction of Foreign Talents." Ilkam Law Review ll, no. 24 (February 2013): 419–43. http://dx.doi.org/10.35148/ilsilr.2013..24.419.

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Cheung, Francis. "Hong Kong to have legislation in both English and Chinese." Commonwealth Law Bulletin 11, no. 4 (October 1985): 1458–59. http://dx.doi.org/10.1080/03050718.1985.9985839.

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Lee-Loy, Anne-Marie. "An Antiphonal Announcement: Jamaica’s Anti-Chinese Legislation in Transnational Context." Journal of Asian American Studies 18, no. 2 (2015): 141–64. http://dx.doi.org/10.1353/jaas.2015.0010.

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Sun, Shi Yu, and Qi Hang Zhang. "An Empirical Study of Pesticide Waste Collection and Disposal System in Hangzhou, China." Advanced Materials Research 573-574 (October 2012): 383–88. http://dx.doi.org/10.4028/www.scientific.net/amr.573-574.383.

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This document analyzed several key factors (legislation, sources and costs) that concern to current pesticide waste collection and disposal system in Hangzhou, China. Legislation about pesticide waste management in Hangzhou and some Chinese cities were absent while management of pesticide waste enhanced in national legislation. Both total amount of pesticide used in field and pesticide applied in each acre decreased around 6% from 2006 to 2009 in Hangzhou since ecological agriculture projects carried out. Then narrowed the investigation to the study of costs of pesticides collection and disposal system in Yuhang division, which was a pilot project and cost for handling one ton pesticide waste was 32.77 Chinese Yuan. Suggestions about sustainability of the collection and disposal system in Yuhang were given for future implement.

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L P GORE, Lance. "Revamping the Chinese Communist Party." East Asian Policy 07, no. 01 (January 2015): 16–26. http://dx.doi.org/10.1142/s1793930515000021.

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The 2014 Party reform aimed to modernise the CCP. The Politburo passed the “Action Plan for Deepening Party-building Institutional Reforms”, outlining 26 concrete reforms in four key areas to be completed by 2017. Notable departures include the re-emphasis on ideological unity, the rollback on intra-party democracy, the renewed emphasis on intra-party legislation and the control on the growth of the Party's size. However there are inherent dilemmas in building a Leninist party in a globalised market economy.

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Kareva, Tatiana, and Vadim Sonin. "The problems of cross-border personal bankruptcy in russian and chinese legislation and practice." Law Enforcement Review 1, no. 3 (October 3, 2017): 160–67. http://dx.doi.org/10.24147/2542-1514.2017.1(3).160-167.

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The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located on this side of the border.

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Cao, Deborah. "The Illocutionary Act in Translating Chinese Legislative Texts." Babel. Revue internationale de la traduction / International Journal of Translation 44, no. 3 (January 1, 1998): 244–53. http://dx.doi.org/10.1075/babel.44.3.05cao.

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Abstract In this paper one of the prominent linguistic features of legal texts, the illocutionary force, is discussed through the examination of legal performatives found in Chinese legistation and their translation into English. This paper identifies some of the characteristics of illocutionary force in Chinese legislation. An analysis of Chinese legislation has identified five types of performative verbs: (a) verbs preceded by bixu/xu (must or shall); (b) verbs preceded by yingdang/yinggai/ying (should or ought to); (c) verbs in the present tense without any modal verbs: zero performative; (d) verbs preceded by keyi (may); and (e) verbs precede by bude (must not, or shall not). The article argues that illocutionary force is a paramount consideration for legal translators and that effective translation of legislative texts depends upon a high level of translational language competence including illocutionary competence. Résumé Dans cet article, l'un des éléments saillants des textes juridiques, la force illocutionaire, est discutée en examinant les verbes performatifs juridiques trouvés dans la législation chinoise et leur traduction en langue anglaise. L'article identifie quelques caractéristiques de la force illocutionaire dans la législation chinoise. L'analyse de la législation chinoise a permis de reconnaître cinq types de verbes performatifs: (a) les verbes précédés de bixu/xu, ce qui équivaut à l'auxiliaire (must or shall), c'est-à-dire deux formes du verbe 'devoir'; (b) les verbes précédés de yingdang/yinggai/ying (should or ought to), c'est-à-dire forme conditionnelle ou impérative du verbe; (c) les verbes à l'indicatif présent sans aucuns verbes de modalité; verbes performatifs (zéro); (d) les verbes précédés de keyi (may, soit verbe auxiliaire modale); et (e) les verbes précédés de bude (must not or shall not), c'est-à-dire auxiliaires impératifs négatifs. L'article soutient que la force illocutionaire forme un élément majeur pour les traducteurs de textes juridiques et que la traduction même de textes juridiques repose sur une compétence très élevée du langage traductionnel et, en ce comprise la compétence illocutionaire.

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曹燕. "The Policy Rationale and Function Conflict of Chinese Employment Contract Legislation." HUFS Law Review ll, no. 27 (August 2007): 1–15. http://dx.doi.org/10.17257/hufslr.2007..27.1.

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Mo Hongxian and Li Yingfeng. "Criminal Legislation and Tentative Plan on Improvement of Chinese ‘Anti-Terrorism’." Korean Journal of Comparative Criminal Law 11, no. 2 (December 2009): 411–30. http://dx.doi.org/10.23894/kjccl.2009.11.2.018.

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Dicks, Anthony. "The Chinese Legal System: Reforms In The Balance." China Quarterly 119 (September 1989): 540–76. http://dx.doi.org/10.1017/s0305741000022931.

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Judged by almost any standard, law and the legal system in China today form part of a growth industry. Although the pace has been uneven and has at times seemed to falter, the growth has been maintained for more than a decade, since the end of the Cultural Revolution and the inauguration of the Four Modernizations. The most easily visible aspect of this phenomenon is the volume of legislation, unprecedented in any other period since 1949. The output is difficult to monitor precisely, because although the major laws and regulations issued by the National People's Congress and the organs of the central government are now for the most part regularly published, the majority of regulations issued at the ministerial or lower levels of the central government are still not published in such a way as to be easily accessible, if they are published at all; and the amount of local legislation which filters out of the area in which it applies is still limited.

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Clarke, Donald C. "Political Power and Authority in Recent Chinese Literature." China Quarterly 102 (June 1985): 234–52. http://dx.doi.org/10.1017/s0305741000029921.

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One of the major changes in Chinese Government policy since the death of Mao Zedong has been the new emphasis on the need for stability and regularity in everyday life, to be achieved by the systematic codification of laws and the strengthening of institutions for administering them. Since 1978 much legislation has been enacted with this end in mind, but the significance of this legislation is not self-evident. What the new laws minimally represent is a set of rules promulgated by the government which purport to govern social relationships in specified areas. Whatever else they might mean – that is, what social effects will follow from the declaration of particular rules – needs to be understood through a study of the individuals and institutions that will have to deal with these rules. Fundamentally, this is a matter of asking whether and why violations of “the law” should matter, and who has the power to find a violation and to remedy it.

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Ma, Evelyn. "Scholarly Chinese Legal Works in the Vernacular: A Selective Topical Treatise Finder (Part I)†." International Journal of Legal Information 39, no. 3 (2011): 295–311. http://dx.doi.org/10.1017/s0731126500006223.

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The number of Chinese legal scholarly publications has grown dramatically in the last ten years as the Chinese government legislature churned out an expansive body of law, with an impressive proliferation of print treatises and web-based legal information in the vernacular. This article offers a sampling of legal scholars and their treatises. It is organized by subject area, and is offered as a selective annotated treatise finder. The list focuses on legal publications published within the last two decades subsequent to the amendment of the 1982 Chinese Constitution in 1989. Some of the authors included here wrote extensively on specific legal topics, while others were involved in the deliberation, preparation, and drafting of key legislation. It is hoped that the article provides a roadmap that will be useful to students and others new to research in Chinese law; to help them locate relevant treatises, journal literature, and to jumpstart their research into specific legislation and legal topics.

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JU, MEITING, LINGLING SHI, and XIAOHUA CHEN. "TRENDS IN CHINESE URBAN ENVIRONMENTAL MANAGEMENT." Journal of Environmental Assessment Policy and Management 07, no. 01 (March 2005): 99–124. http://dx.doi.org/10.1142/s1464333205001918.

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The course of urban environmental management (UEM) development in China is reviewed and analysed in this paper. The current situation that exists in the field of urban environmental management is also analysed from the aspects of the legislation, environmental policies, economic incentives and market mechanisms, technical instruments and environmental education and public participation. Further, this paper highlights the problems in China's UEM and puts forward some suggestions according to the existing characteristics of UEM in China.

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Lai, Weijun, and Huafang Ding. "Regulating Public Fundraising in China: The Charity Law and Its Predecessor." China Nonprofit Review 11, no. 1 (November 5, 2019): 33–53. http://dx.doi.org/10.1163/18765149-12341354.

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Abstract The promulgation of Chinese Charity Law in March 2016 was expected to break the long-term monopoly of governmental charities in public fundraising in China. However, governments’ regulating practices on fundraising seem to be still quite ambivalent during the post-legislation era, indicating endogenous contradictions of the Charity Law. In order to explore the legislative logic of Chinese Charity Law on public fundraising regulation, this paper, employing an analytical framework of state-society relations, historically examines all relevant laws and policies of China that deal with the fundraising regulation issue since the reform and opening-up. It is revealed that a “control thinking” of the Chinese state towards civic fundraising has been dominating the field all the way, and that the recent loosening of state control was compelled by bottom-up social dynamics. The paper argues that, under the constant influence of state control thinking, the institutional adjustments of Chinese Charity Law on opening spaces for civic fundraising tend to be quite passive and endogenously contradictory, leading to both validity and limitations of the law in practice.

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Vincent, Alison. "Learning to cook the Chinese way: Australian Chinese cookbooks of the 1950s." Australasian Journal of Popular Culture 9, no. 1 (March 1, 2020): 39–54. http://dx.doi.org/10.1386/ajpc_00014_1.

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The history of Chinese migration to Australia and in particular the impact of discriminatory legislation has been the subject of considerable scholarship. Less well documented is the contribution of Chinese immigrants to Australia’s food culture. Chinese cooks had been at work in Australia since at least the 1850s, and cafés and restaurants were serving Chinese food in both urban and rural centres by the 1930s. The first cookery books devoted to Chinese recipes were written by Australian Chinese and published after the Second World War. They provided the curious and the adventurous with information that allowed them to both confidently order food in restaurants and experiment with cooking at home. An important and neglected source, this survey of these publications suggests some of the ways in which Chinese cooks adapted and adopted to produce an ‘Australianized’ Chinese menu.

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Chen, Feng. "Individual rights and collective rights: Labor’s predicament in China." Communist and Post-Communist Studies 40, no. 1 (January 31, 2007): 59–79. http://dx.doi.org/10.1016/j.postcomstud.2006.12.006.

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Despite the government’s active legislation to protect workers, labor rights still remain widely ignored and poorly enforced in China. Structural constrains, such as the state’s development strategy biased on efficiency over equity, tight labor markets, and the lack of an effective safety net, cannot fully explain why Chinese workers have had so little impact on the environment in which they work and the violations of their rights often occur. Using Marshall’s theory of citizenship rights, this article explores the structure of China’s labor rights for an explanation. It argues that while Chinese labor legislation stipulates workers’ individual rights regarding contracts, wages, working conditions, pensions, and so on, it fails to provide them with collective rights, namely the rights to organize, to strike, and to bargain collectively in a meaningful sense. The lack of collective rights is one of the major factors that render workers’ individual rights vulnerable, hollow, unenforceable, or often disregarded. Labor legislation that enables workers to act collectively is crucial for safeguarding their individual rights.

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Liu, Nengye. "Criminal Liability for Vessel-Source Pollution in China: Law and Practice." International Journal of Marine and Coastal Law 28, no. 3 (2013): 517–31. http://dx.doi.org/10.1163/15718085-12341283.

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Abstract This article addresses criminal liability for vessel-source pollution in China. It describes relevant Chinese legislation regarding criminal liability for vessel-source pollution, analyses why a criminal case pertaining to vessel-source pollution has yet to be brought in Chinese courts and presents suggestions on how to improve the current regime.

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Naeeni, Shaghayegh Haji Bagher. "Awarded with Economic Growth, from Weak to Strong Patent Legislation: Legal Study with Regard to China." Journal of Education and Vocational Research 8, no. 3 (January 7, 2018): 6–15. http://dx.doi.org/10.22610/jevr.v8i3.1988.

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This paper provides a critical legal study on evaluation of patent system in China from the year1980, which is known as the beginning of Chinese modern intellectual property law including patent law till 2016 that China achieved third place in Patent Cooperation Treaty (PCT) internationally for the highest patent applications according to World Intellectual Property Organization (WIPO). Moreover, researcher will go through few important push factors for Chinese patent legislator who developed stronger Patent law to attract more national and international inventors for investing in Chinese market without hesitation of their patent rights being infringed due to weak legislation. In other words, how China realized that being in the era of globalization for improving economic growth, it should consider at least minimum international standards in its own patent legislation. Hence, the method used in this paper will be purely a doctrine method, because the researcher will be conducting the critical legal study on mentioned aspects, which involves collecting of data from primary and secondary sources. The process involved in this research is a collative process. However, still there is room for improvement in current Chinese patent system, which will be discussed in this paper. All in all, the researcher concluded that concept of globalization is undeniable in national as well as the international market in order to have a reasonable economic growth for the same reason China had considered having stronger patent legislation in order to save its position in the market and also to increase its own rate of economic growth. On the other hand, the paper concludes by putting forward suggestions for modifying Chinese patent system.

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Bi, Yanying. "Experimentalist approach of Chinese legislation model: From passive response to institutional design." Theory and Practice of Legislation 3, no. 2 (May 4, 2015): 141–67. http://dx.doi.org/10.1080/20508840.2015.1083243.

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Guo, Hongxin. "Review the Evolution of Chinese Legislation on Air Pollution Prevention and Control." International Journal of Natural Resource Ecology and Management 5, no. 2 (2020): 49. http://dx.doi.org/10.11648/j.ijnrem.20200502.13.

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Peng Han, Helen. "Development of Individualism in Chinese Legislation and Social Solidarity – A Durkheimian Approach." ATHENS JOURNAL OF LAW 6, no. 4 (September 30, 2020): 339–60. http://dx.doi.org/10.30958/ajl.6-4-2.

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Journal articles on the topic 'Chinese legislation'

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