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Journal articles on the topic 'Homosexuality – Law and legislation – China'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Qi, Man, Yongquan Wang, and Rongsheng Xu. "Fighting cybercrime: legislation in China." International Journal of Electronic Security and Digital Forensics 2, no. 2 (2009): 219. http://dx.doi.org/10.1504/ijesdf.2009.024905.

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2

STONE, EMMA. "A Law to Protect, a Law to Prevent: Contextualising disability legislation in China." Disability & Society 11, no. 4 (December 1996): 469–84. http://dx.doi.org/10.1080/09687599627543.

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3

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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4

Greenleaf, Graham. "Solving the Problems of Finding Law on the Web: World Law and DIAL." International Journal of Legal Information 29, no. 2 (2001): 383–419. http://dx.doi.org/10.1017/s0731126500009483.

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Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.

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5

MA, ZHONGFA, JIANFU ZHAO, and JIAHUI NI. "GREEN TAX LEGISLATION FOR SUSTAINABLE DEVELOPMENT IN CHINA." Singapore Economic Review 63, no. 04 (September 2018): 1059–83. http://dx.doi.org/10.1142/s0217590817420103.

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Environmental pollution has produced adverse impacts on sustainable development in China, and the inappropriate tax legal regime may be one of the important causes. There are only three separate laws concerning three types of taxes, and most of the other taxes are collected by regulations or rules. China has not adopted particular tax laws concerning environmental protection by December 25th, 2016, and has not enforced any special environmental tax law, and polluters are primarily charged for their pollution activities as a way of assuming their legal liabilities, which has significant shortcomings. Under the situations of addressing climate change and constraining and curing environmental pollution for sustainable development, a comprehensive system of green tax laws shall be established and perfected by making and enforcing Environmental Protection Tax Law and improving the existing tax laws involved in environmental protection.

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6

Zhang, Xiaoxiao, and Fuyong Ou. "Economic and legal necessity of personal bankruptcy legislation in China." International Insolvency Review 30, no. 2 (April 2021): 289–309. http://dx.doi.org/10.1002/iir.1415.

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7

Liu, Nengye. "China." International Journal of Marine and Coastal Law 36, no. 1 (October 9, 2020): 165–75. http://dx.doi.org/10.1163/15718085-bja10018.

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Abstract This article examines China’s legislation on distant water fishing as a flag State, which has significant impact on the conservation of marine living resources in the world ocean. After briefly discussing internal and external pressures that the Chinese authorities are facing, the article provides an overview of the latest series of regulations for China’s distant water fishing fleet. It pays particular attention to the adoption of and compliance with the 2020 Rules on the Management of Distant Water Fishing.

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8

Qiu, Rungen. "Retrospection and perspective of foreign investment legislation in China (1979–2009)." Frontiers of Law in China 6, no. 1 (February 10, 2011): 131–60. http://dx.doi.org/10.1007/s11463-011-0121-9.

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9

Bizzotto, Elisa. "Late-Victorian Experiences with Italian Legislation: Stories of Sex, Madness and Social Commitment." Pólemos 13, no. 2 (September 25, 2019): 283–97. http://dx.doi.org/10.1515/pol-2019-0022.

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Abstract Given their love for Italy, which often represented for them a second home country, it was not unusual for late-Victorian writers and intellectuals to have direct experiences with Italian laws. The article presents four “case studies” of late-Victorian authors living in Italy and analyses their reactions to such diverse issues as homosexuality, madness and artistic heritage in relation to the Italian law system and by providing a comparative perspective with English legislation. The contribution also considers these authors’ narratives of their responses to Italian laws in both published and private writings that cover a variety of genres and evidence cultural differences and conflicts, though not always in an expected way.

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10

Lin, Li-Wen. "Mandatory Corporate Social Responsibility? Legislative Innovation and Judicial Application in China." American Journal of Comparative Law 68, no. 3 (September 1, 2020): 576–615. http://dx.doi.org/10.1093/ajcl/avaa025.

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Abstract Corporate social responsibility (CSR) is often understood as voluntary corporate behavior beyond legal compliance. The recent emergence of CSR legislation is challenging this typical understanding. A number of countries including China, Indonesia, and India have expressly stated in legislation that companies shall undertake CSR. However, the CSR law is controversial. Critics of CSR see the law as an unwise effort to challenge profit maximization as the only social responsibility of the corporation. Even CSR advocates welcome the CSR law with great caution. Given the vague statutory language of CSR, the practical application of the law places high demands on the judiciary. However, as the countries that have adopted the CSR law are mainly developing countries with rather weak legal institutions, it raises a common concern that the law is simply an innovation without implementation. This Article conducts an empirical study of China, an early adopter of CSR legislation. The empirical analysis of Chinese court cases reveals what the CSR law means in judicial practice, whether CSR is in fact mandatory, and in what types of disputes CSR is relevant or outcome determinative. Among various findings, this Article shows that the CSR law is by no means as useless as commonly expected. The meaningful application of the law is attributable to the law’s compatibility with China’s legal infrastructure and sociopolitical institutions. Chinese courts have innovatively applied CSR in various contexts far beyond the traditionally Western-led focus on directors’ fiduciary duties. The Chinese experience suggests that the CSR law is more of a judicial review standard than a corporate behavior standard, which further confirms the importance of judicial capacity in implementing the vague law. This Article concludes with insights for the corporate purpose debate from a comparative perspective and with policy suggestions for adopting CSR legislation.

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11

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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12

Ben, Li. "Alternation of legislation of foreign investment in China." International Journal of Law and Management 51, no. 4 (July 10, 2009): 220–25. http://dx.doi.org/10.1108/17542430910974040.

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13

Chen, Wei, Lei Shi, and Xin Zhang. "The Divorce Damages System in China: Legislation and Practice." International Journal of Law, Policy and the Family 30, no. 1 (February 13, 2016): 105–14. http://dx.doi.org/10.1093/lawfam/ebv014.

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14

Sitarz, Wojciech. "Homofobia w paragrafach. Rzecz o relacjach prawodawstwa, dyskursu i postaw społecznych w Rosji." Dziennikarstwo i Media 7 (June 30, 2017): 133–44. http://dx.doi.org/10.19195/2082-8322.7.10.

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Homophobia in codes of law. On the relations between legislation, discourse and social attitudes in RussiaThe main purpose of this paper is to present the Russian legislation in terms of its relations to homosexuals in the last twenty years.The great emphasis was placed on the last eight years, when in eleven political units of Russian Federation the promotion of homosexuality to minors was banned. The author endeavours to understand how homophobic regulations influenced, reported in recent years, decrease in acceptance of sexual minorities.The next essential part of this article is discussion on consequences of an act passed in June 2013 about protection of minors against propaganda of non-traditional sexual relations, increase of violence against homosexuals, discrimination of teachers, putting back on the agenda rights of Russian LGBT community and accusations against sexual minorities of detriment to the image of Russia.

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15

Yu, Xiang, and Na Li. "Disclosure of Vaccine Risk and Emergency Legislation in China." Biotechnology Law Report 38, no. 3 (June 2019): 165–71. http://dx.doi.org/10.1089/blr.2019.29117.xy.

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16

ZHU, TAN, JING WU, and I.-SHIN CHANG. "REQUIREMENTS FOR STRATEGIC ENVIRONMENTAL ASSESSMENT IN CHINA." Journal of Environmental Assessment Policy and Management 07, no. 01 (March 2005): 81–97. http://dx.doi.org/10.1142/s1464333205001906.

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The Environmental Impact Assessment Law (EIA Law) of the People's Republic of China was adopted on 28 October 2002. It is the most progressive legislation addressing environmental issues in China to be developed over the past decade. The new EIA Law explicitly states that environmental impact assessment (EIA) is required for both new construction projects and plans. The types of plans covered by the new EIA Law include: (1) integrated plans for land use and regional development, development of drainage areas and marine areas; (2) specific plans for industry, agriculture, animal husbandry, forestry, energy, water management, transportation, urban construction, tourism and the development of natural resources. EIA for construction projects has been implemented in China for more than 20 years. Through this new EIA Law, the legal status of EIA for construction projects has been elevated from administrative legislation to State Law. EIA for plans is a type of strategic environmental assessment (SEA) where the concept of SEA is for the first time being advocated by the State at this level. This paper emphasises the legal requirements of SEA set forth by this new EIA Law, such as major purposes, key elements and procedures of EIA for plans.

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17

Trofimov, Al'bert A. "The evolution of the budgetary legislation of China." Pravovedenie 62, no. 3 (2018): 541–69. http://dx.doi.org/10.21638/spbu25.2018.308.

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The article deals with the history of the development of the budget legislation of the People’s Republic of China from its inception to the present day. The author on the basis of the study of domestic and foreign literature of legal, economic, historical nature traces the main trends in the development of legal regulation in this area, defines the features of the budget system of China at different stages of its functioning, the specifics of legal regulation. Much attention of the Chinese legislator remains for such issues as the formation and spending of extrabudgetary funds, the implementation of transfer payments from the Central budget to local budgets, ensuring the openness and transparency of the budget system of China. A special place in this regard is occupied by the formation and improvement of the structure of the budget system of the PRC, consisting of various types of budgets. Until now, many issues remain unresolved, in particular, the legal provision of effective control over the expenditure of public finance, ensuring the effectiveness and efficiency of spending, treasury budget execution. The successful nature of China’s economic development in recent decades, as well as the related problems PRC faces, have made it necessary to establish special rules in the Budget law aimed at regulating public debts, primarily by local governments, rules for public procurement, specific offences and measures of legal responsibility for violation of the relevant statutes. The distinctive features of the budget legal regulation of the People’s Republic of China is that there is no budget code; there is the predominant share of by-laws adopted by the Central and local governments, ministries, departments; there are lot of pilot projects before the introduction of new norms in the territory of the whole state. The article is accompanied by a translation from Chinese into Russian of the text of the current Budget Law of the People’s Republic of China.

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18

Lin, Hong. "The Path Choice of Legislation on Agro-Eco-Environment in China." Advanced Materials Research 113-116 (June 2010): 1261–65. http://dx.doi.org/10.4028/www.scientific.net/amr.113-116.1261.

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In order to protect and improve the agricultural environment that has been fragile in our country and to make for sustainable development in agriculture，the paper, using induction and synthesis method, describes in detail the problems existing in agro-eco-environment legislation and analyzes concretely the causes. Besides，legislation advice on our ecological agricultural environment has also been put forward, providing legislation reference for further perfecting environment resources law, and has definite operability in practice.

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19

Wang, Zhihua. "The Process of Civil Law Codification in China." Lex Russica 73, no. 3 (March 28, 2020): 135–39. http://dx.doi.org/10.17803/1729-5920.2020.160.3.135-139.

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The paper analyzes the process of modern codification of civil law in China, provides a historical overview of the codification of civil law in China, raises the problems of private law codification and analyzes the political, economic and other sources of these problems. It is noted that only criminal (public) law was present in traditional China. Legal traditions based on the rule of criminal law continued for more than 2,000 years until the early years of the twentieth century. China has not embarked on the path of modernizing the legal system and codifying civil law. In 1929-1930, the first Civil code in the history of China was adopted. It was built on the Swiss and German civil codifications model, simultaneously reflecting the experience of the Japanese, French and Soviet codifications of civil law. After the PRC was formed, the stage of extensive borrowing of Soviet socialist law, including civil law, began. However, attempts to codify the law failed, the reasons for which lie in legal nihilism and a lack of necessary attention from the authorities. The transition from an administrative planned economy to a free market one prompted the legislator to temporarily abandon the idea of codifying civil legislation. Instead of one codified law, it was decided to adopt several special ones. In the 21st century, a new stage of codification of civil law in China has begun. In 2002, the fourth draft of the civil code of the PRC was published, which for no apparent reason has sunk into oblivion. In 2014, the process of codification of civil legislation has become more active, and in 2017, part one of the future civil code of the people’s Republic of China was adopted. In accordance with the civil law codification plan in March 2020 the Civil Code of the People’s Republic of China should be adopted as a whole.

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Zhang, Jianwei, Xiaoyi Jiang, and Xiaobin Pan. "Regional legislation to address climate change in China: necessity and feasibility." International Journal of Climate Change Strategies and Management 11, no. 4 (August 19, 2019): 536–51. http://dx.doi.org/10.1108/ijccsm-05-2018-0046.

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Purpose Legislation plays an essential role in addressing climate change in China. However, many barriers to formulating national legislation to address climate change have so far prevented its enactment. The bottom-up approach adopted in the international climate regime sets a good example. Accordingly, the purpose of this paper is to discuss the regional legislation to address climate change in China through exploring the following two questions: whether it is necessary to enact climate change legislation at regional level first and whether it is feasible to develop such regional legislation in the absence of national climate change law. Design/methodology/approach This paper analyses the necessity and feasibility of regional legislation to address climate change. Section 2 introduces the current legislative framework on climate change in China. Section 3 investigates whether it is better to push the legislative agenda at regional, rather than national level. Section 4 analyses the feasibility of establishing regional legislative systems. Section 5 explores the key issues in formulating and promoting regional legislation. Findings This paper concludes that it is necessary and feasible to pilot regional legislation before enacting national legislation. Under these circumstances, local governments can take the initiative to begin formulating regional legislation. Originality/value Addressing climate change needs immediate action and effective measures. It is, thus, necessary to reconsider the approach that China should adopt when developing legislation on climate change. This paper contributes to broadening current knowledge of regional climate change legislation in China.

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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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22

Jin, Ye, Xiao Deng, Pengpeng Ye, Ji Peng, Juanjuan Peng, Lin Lei, Yan Yu, and Leilei Duan. "The Awareness and Attitude of Parents towards the Legislation of Child Restraint in Two Cities of China." International Journal of Environmental Research and Public Health 17, no. 7 (April 1, 2020): 2405. http://dx.doi.org/10.3390/ijerph17072405.

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The death of child passengers was one of the leading causes of death among children fatally injured on roads in China. Child restraint can effectively protect child passengers. Mandatory child restraint law has been enacted locally in Shanghai and Shenzhen, two major cities in China. In order to understand the public attitude on national legislation in these cities, we conducted a cross-sectional survey with a sample of parents/caregivers with a child aged 0–6 years and own private car from Shanghai and Shenzhen. We used descriptive statistics to describe the distribution of parental awareness and attitudes towards the legislation of child restraint. There were less than 50% parents who were aware of the local legislation of child restraint use. Even though only around 20% of parents were able to respond accurately to the age standard in legislation, among those who knew of the legislation, most of the parents understood that the law had enforcement measures. More than 70% of parents supported the national legislation of child restraint use, and, among them, around 70% supported enforcement and punishment. Thus, the study provided supportive evidence for national legislation, but it also put forward that the work of popularizing law should be strengthened.

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23

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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Li, Yingying. "Evolution and issues of marine pollution law in China: From 1970s to 2018." International Journal of Legal Discourse 3, no. 2 (December 19, 2018): 287–310. http://dx.doi.org/10.1515/ijld-2018-2012.

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Abstract What’s responsibility Sanchi oil tanker should take under Chinese law? Under the initiative of the belt and one road, especially Maritime Silk Road, China Maritime Court has extended jurisdiction to cover all cases arising from seawater since 2016, which means that China Maritime Court has criminal and administrative jurisdiction in maritime affairs besides civil jurisdiction in the near future. The compound mode of jurisdiction is one of the most important steps in the judicial reform of China. This development will affect maritime legislation deeply, especially marine pollution law. China has made the great improvement in marine pollution legislation in the past forty-five years. However, due to the old administrative pattern of land-based strategy, “from many doors” becomes the difficult pyridoxine for practice; Chinese governments used to depending on the special regulations instead of Ocean Basic Law to regulate marine pollution act, there is no global law to regulate marine pollution act up to now. Based on the results of marine pollution cases judged or solved by the China Maritime Court, marine polluter only needs to pay economic damages and there is no criminal liability. For solving practical matters more efficiently and thoroughly, and for protecting the marine environment more globally, we’d better adjust administrative management pattern, make Ocean Basic Law, and set multiple liabilities for marine polluter and unify marine pollution legislation.

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Shan, X. "Principles Of Law In Modern Criminal Law Of China: Historical And Legal Analysis." Ірпінський юридичний часопис, no. 2(4) (April 5, 2021): 160–67. http://dx.doi.org/10.33244/2617-4154.2(4).2020.160-167.

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The article looks into the evolution of the concept of “the principles of criminal law” in the legislation of the People’s Republic of China during the second half of the twentieth century. The principles of law are recognized as the normative foundations of law, which determine the general scope, main peculiarities and the most significant features of legal regulation. The article studies a number of definitions offered by some Chinese scientists who dealt with the theoretical and legal problems. The People’s Republic of China was created on October 1, 1949 against the background of destroyed economy, demoralized society, prevailing chaos and the unstructured nature of public authorities. In that period, no codified criminal law was in place. Some criminal acts of that time showed that any fundamental principles were included in the system of criminal legislation either. The first Criminal Code of the People’s Republic of China of 1979 did not mention any principles of law, whereas the Criminal Code of 1997 provided for three fundamental principles, which became the subject of our analysis. These are the principle of legality, also known as the principle of no punishment for doing something that is not prohibited by law (nullum crimen, nullum točka sine lege), the principle of equality of citizens before the law, the principle of conformity of criminal-legal measures to the nature and circumstances of crime. It is these principles that have been reflected in the current criminal code. Despite the amendments of criminal law introduced over the last few decades, the principles of law have remained unchanged. The conclusion to the publication makes a suggestion to introduce the general principle of humanism into in the General Provisions of the Criminal Code of China. The scholar believes that this principle should be recognized as the key principle of the criminal law of China, and will aim to ensure the democratic nature of Chinese criminal law.

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Feng, Xiaoqing. "Internationalization and Upgrading of Copyright Legislation of the Mainland of China and Hong Kong." Journal of World Intellectual Property 2, no. 4 (November 1, 2005): 583–91. http://dx.doi.org/10.1111/j.1747-1796.1999.tb00078.x.

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Fokov, A. P. "THE CODIFICATION OF CIVIL LAW IN THE PEOPLE'S REPUBLIC OF CHINA (GENERAL PROVISIONS): HISTORY AND MODERNITY." Proceedings of the Southwest State University 22, no. 2 (April 28, 2018): 128–35. http://dx.doi.org/10.21869/2223-1560-2018-22-2-128-135.

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In this article, the author highlights the main historical stages of the codification of civil legislation in China, reveals the content of the "General provisions of the civil code of the PRC", which entered into force on October 1, 2017, predicts further prospects for the development of Chinese civil law institutions in modern economic conditions The author analyzes the historical stages of codification of a large array of Chinese civil legislation in the twentieth and early TWENTIETH centuries, shows its focus on borrowing Russia's experience in codification and improvement of civil legislation, and also takes into account international obligations related to the participation of the state in the WTO. The current doctrine that the Civil code is a kind of economic Constitution that is constantly evolving, not only in time but also in space, shows that in China the process of reforming civil legislation is slow and haste. Thus, it is significant that the procedures related to the preparation, discussion and adoption of the civil code of the PRC have historically developed over time: from the past to the present and, of course, to the future with the prospect of solving new social and economic problems on the basis of stable codified laws. Until now, the science of Russian civil law has not received full coverage of the processes of reforming the civil legislation after the formation of the people's Republic of China in 1949, and there is no answer to the legitimate question of, and for what reason have not been adopted by scientists developed the Draft Civil code of China (1954), (1962), (1979), (2002)? The author understands the complexity of the topic, but also draws attention to the fact that in recent years, between civil scientists and practitioners of China and Russia there is a tendency to intensify the development of General provisions and institutions of civil law in the context of international cooperation. But the question of whether it is possible to identify the stages of codification of the civil legislation of Russia and China is still open, because the historical features of China, the mentality of its citizens and traditions do not allow full use of the experience of Russia, which at one time proposed a new unified text of the Civil code in the context of WTO accession. The author focuses not only on the problems of understanding the historical stages of reforming China's civil legislation in time, but also its features in the space, when the codification of the General part and institutions of civil law is under the influence of the formation of a common judicial practice in a market economy. In the course of the research the author used analytical, formal and legal methods, abstraction method, which allowed to formulate conclusions on the conducted research. The author comes to the conclusion that the codification of civil legislation in China has a common historical relationship with Russia, but at the same time, and distinctive features, which are expressed in the content of the "General provisions of the civil code of the PRC" (hereinafter - the civil code of the PRC), which entered into force on October 1, 2017.

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Cleminson, Richard. "Stonewall and its Legacy in Iberia." History Workshop Journal 89 (2020): 214–19. http://dx.doi.org/10.1093/hwj/dbz054.

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Abstract This short article evaluates the changing and conflictive discourse and practice around homosexuality over the twentieth century in Spain and Portugal. The Iberian states were under dictatorship at the time of the Stonewall riots in 1969. Despite the repressive legislation introduced in both countries, it is possible to discern resistance against the law and against a general climate of social opprobrium. Rather than seeing Stonewall as a starting point or an obligatory definitive reference for ‘gay liberation’, the experience of LGBT people in Iberia allows us re-evaluate the history of sexuality against the backdrop of authoritarian regimes, the colonial past and acts of resistance, however small, for a critical history of LGBT life in Europe and beyond.

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Heriyanto, Dodik Setiawan Nur, and Huang Gui. "Death Penalty Legislation in China and Indonesia Under International Human Rights Law Perspective." Jurnal Hukum IUS QUIA IUSTUM 23, no. 4 (2016): 576–92. http://dx.doi.org/10.20885/iustum.vol23.iss4.art3.

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Liu, Zhen Hua. "Discussion on Legislation of Rural Safe Drinking Water in China." Applied Mechanics and Materials 94-96 (September 2011): 556–59. http://dx.doi.org/10.4028/www.scientific.net/amm.94-96.556.

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There is a serious problem of rural unsafe drinking water in china,but only it is essential for legislation to solve comprehensively.Through the analysis of the legislative background, legislative basis and legislative framework system of rural safe drinking water,the paper explores some legislative issues.Water source contaminated by industrial pollutants, agricultural pollutants, domestic pollutants, is the biggest obstacle to rural drinking water safety.Rural safe drinking water legislation have sufficiently the constitutional basis and the basic law basis. Legislative framework system is composed of drinking water source protection,rural water supply planning,project financing,operation and management mechanisms,emergency warning system, pricing system, supervision system etc. Rural safe drinking water legislation will play a significant role in solving fundamentally the problem of rural safe drinking water.

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Shen, Dajun. "Groundwater management in China." Water Policy 17, no. 1 (June 30, 2014): 61–82. http://dx.doi.org/10.2166/wp.2014.135.

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After introducing groundwater development and other issues, the paper analyzes China's groundwater management system and its problems, and provides suggestions for improving the system. Increasing water demand since the 1970s has resulted in severe groundwater overdraft, water level decline and water quality degradation in China, but the current management system is not able to provide an effective and efficient solution. The legislation is separate and local, the management institutions are locally designed and the key management instruments are not integrated. This is because China lacks distinct groundwater management systems, comprehensive legislation, a quality management system and capacity, as well as coordinated institutions, and clear relationships and effective links among systems. To improve groundwater management, the concept of aquifer management and an integrated groundwater management system must be developed. The existing systems need to be restructured to clarify relationships and functions. The groundwater abstraction permit system needs to be reformed to a group permit. A quality management system is required and capacity building must be strengthened.

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Dolinskaya, V. V. "Prenuptial agreementin the law of the People’s Republic of China and the Russian Federation." Legal Science in China and Russia, no. 4 (September 16, 2021): 9–14. http://dx.doi.org/10.17803/2587-9723.2021.4.009-014.

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The family legislation of China and Russia is analyzed. The main characteristics and specifi cs of the marriage contract are revealed. Further ways of development of legal regulation of the considered group of family relations are offered.

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BESHKAR, MOSTAFA, and ADAM S. CHILTON. "Revisiting Procedure and Precedent in the WTO: An Analysis ofUS – Countervailing and Anti-Dumping Measures (China)." World Trade Review 15, no. 2 (February 1, 2016): 375–95. http://dx.doi.org/10.1017/s1474745615000683.

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AbstractAfter not applying countervailing duty (CVD) law against non-market economies (NMEs) for two decades, the United States opened a CVD investigation against China in 2006. After extensive litigation, a US appeals court ruled that it was illegal to apply CVD law to NMEs. While that ruling was being appealed, the US Congress passed legislation stipulating that the application of CVD law to NMEs starting in 2006 was legal. China challenged this legislation at the WTO. The dispute resulted in a ruling that left open the possibility that the legislation violated the GATT, as well as a finding that the United States must investigate its application of countervailing and antidumping duties against China. This dispute has implications for a number of current WTO debates including: whether Appellate Body rulings create a binding precedent, whether the Appellate Body should have authority to remand cases, and what information should be required in panel requests.

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Ma, Qiongfang, Lijuan Cui, Hongtao Song, Manyin Zhang, Shengnan Li, and Sanxiang Huang. "Wetland protection in Beijing, China; the importance of legislation." Wetlands Ecology and Management 23, no. 6 (May 9, 2013): 1005–13. http://dx.doi.org/10.1007/s11273-013-9284-8.

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Zhu, Jingwen. "Trend and retrospection of legalization: Analysis on the data of legislation and litigations in China." Frontiers of Law in China 5, no. 2 (May 19, 2010): 215–43. http://dx.doi.org/10.1007/s11463-010-0011-6.

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Dawei, He, and Chen Jingsheng. "Issues, perspectives and need for integrated watershed management in China." Environmental Conservation 28, no. 4 (December 2001): 368–77. http://dx.doi.org/10.1017/s037689290100039x.

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Water management issues at the scale of whole river basins are becoming significant public concerns in China. Adverse aspects of basin-wide mismanagement of water resources in China are reviewed and analysed with respect to watershed management organizations, systems and policies, legislation and implementation of law, public participation, and other pertinent fields. Several critical issues in watershed management should be addressed in the immediate future, including divided jurisdiction and overlapping responsibilities of water management agencies, water pricing, lack of attention to non-point sources, absence of legislation regarding both watershed organizations and public participation, and illegal implementation of existing environmental laws and national policies concerning agriculture and farmers. Based on those analyses and worldwide practices, conceptual frameworks for integrated watershed management in China, including organization, legislation and institutions, are put forward both for the short and the long term. As a national focus, the Three Gorges Project is expected to have potentially disastrous environmental impacts. Mismanagement in the Three Gorges watershed is indicated, including piecemeal approaches to management, absence of legislation and a watershed approach that is disintegrated by administrative boundaries.

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Worth, Heather, Jing Jun, Karen McMillan, Su Chunyan, Fu Xiaoxing, Zhang Yuping, Rui Zhao, Angela Kelly-Hanku, Cui Jia, and Zhang Youchun. "‘There was no mercy at all’: Hooliganism, homosexuality and the opening-up of China." International Sociology 34, no. 1 (December 11, 2018): 38–57. http://dx.doi.org/10.1177/0268580918812265.

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This article discusses the Chinese state crackdown on homosexuality during the reform period through the narratives of homosexual men who were arrested and sentenced to re-education through labour at that time. Utilising the work on morality and law by Zygmunt Bauman, it is shown that Deng Xiaoping’s proposal in 1979 to advance Chinese socialist spiritual civilisation was operationalised through a wide variety of procedures, including the use of the criminal justice system through the new crime of ‘hooliganism’. It was understood that the object infringed upon by hooliganism was the social order itself, through acts that violated the moral principles of Chinese society. Legislated in 1979, hooliganism was an obvious tool for the regulation of sexuality. Those engaged in hooliganism had to be severely punished. Seven men of the 31 men in our study were arrested and six were sentenced to re-education through labour.

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Shao, Yang, Bin Xie, Mary-Jo DelVecchio Good, and Byron J. Good. "Current legislation on admission of mentally ill patients in China." International Journal of Law and Psychiatry 33, no. 1 (January 2010): 52–57. http://dx.doi.org/10.1016/j.ijlp.2009.10.001.

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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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Luo, Siqi. "Agendas, alternatives, and collective labour law." Employee Relations 39, no. 4 (June 5, 2017): 541–60. http://dx.doi.org/10.1108/er-08-2016-0167.

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Purpose The purpose of this paper is to explore how different actors interacted to influence local labour legislation in the case of the collective bargaining regulations in Guangdong Province, China, using long-term observation and in-depth interviews. Design/methodology/approach This paper uses the case study method to investigate the process of local labour law-making in China. First, the primary data focus on a series of in-depth interviews conducted in 2014. In Guangdong Province, the author collected the thoughts of three well-informed provincial and municipal-level trade union officials, one government official, five scholars and lawyers, four enterprise union chairs and three labour activists. Second, these interviews are triangulated with legislative documents and the author’s observation of three public meetings. Held at various times from 2011 to 2014, these meetings were organized to discuss different legislative drafts on collective bargaining. Findings The six-year process of adopting collective bargaining legislation in Guangdong presents a complex picture as different actors joined the process at different times and engaged in different ways. Labour strikes were a crucial force in drawing the attention of both the local and central governments and functioned as a means to repeatedly make collective labour relations a policy “issue” for the government, particularly in 2010. Another actor – the local official trade unions – played a decisive role by not only putting the “issue” into the decision-making agenda, but by also providing policy alternatives based on workers’ bargaining practices. At the same time, business associations, using slow economic growth as an excuse, exerted their economic leverage to pressure for suspension of the first two rounds of legislation. Nevertheless, the new political leadership assuming office in 2013, using an adoptive but restrained logic, pushed for the enactment of the compromise regulation. Research limitations/implications Guangdong Province and its emerging collective labour regimes are not representatives of China, but they are at the frontier of the labour field. Thus, this case study was an example of the “most dynamic” interaction with the “most participative” actors and perhaps the “most pro-labour” of China’s official trade unions. Originality/value This paper is original and draws special attention to the dynamic process of the local law-making and the rationales of different actors in China.

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Skaridov, Aleksandr. "Limitation of liability for maritime claims in civil law of the People's Republic of China." Право и политика, no. 7 (July 2021): 59–71. http://dx.doi.org/10.7256/2454-0706.2021.7.36104.

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This article reviews the relevant issue of civil law regulation in the sphere of freight transportation. China is seeking for new safe routes for freight transportation to the European market, including sea routes, giving preference to the Northern Silk Road. The subject of this research is the comprehension of individual provisions of the Chinese legislation that are specific to both Russian and international law. The object of this research is the determination of peculiarities of the law of the sea, namely the question of limitation of liability for maritime claims in civil law of the People's Republic of China. Special attention is given to the aspect of harmonization of the norms of the Civil Code of the People's Republic of China and the Merchant Shipping Code the Russian Federation in this issue. The acquired results demonstrate the shared interest of the two countries lies in the routes of the Northern Sea Road, which actualizes the problem of harmonization of legislation. The government of the Russian Federation and the People’s Republic of China declare the need for harmonization of legal norms that regulate merchant shipping. Leaning on one of the normative fragments related to joint maritime operations along the routes of the Northern Silk Road, the author concludes that further development of cooperation and expansion of the list of bilateral issues of normative legal regulation in this sphere requires a collective plan aimed at harmonization of legislation based on the Treaty of Good-Neighborliness and Friendly Cooperation between the People's Republic of China and the Russian Federation.

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Qi, Ming. "Evolution of Bankruptcy Legislation and Judicial Supplements in China: Guest Editor's Introduction." Chinese Law & Government 42, no. 1 (January 2009): 3–8. http://dx.doi.org/10.2753/clg0009-4609420100.

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Changhai, Lun. "Evolution of China Criminal Law Legislation in the Field of Combating Terrorism and Extremism." Legal Science in China and Russia, no. 3 (June 15, 2020): 139–42. http://dx.doi.org/10.17803/2587-9723.2020.3.139-142.

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44

Feinerman, James V. "New Hope for Corporate Governance in China?" China Quarterly 191 (September 2007): 590–612. http://dx.doi.org/10.1017/s0305741007001592.

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AbstractChina's recent revisions to its Company Law and Securities Law have brought new attention to issues of corporate governance in Chinese companies and financial markets. Among the chief criticisms of the earlier laws – in both their provisions and application – were the lack of protection for minority shareholders, the paucity of independent directors, the absence of transparency and inadequate financial disclosure. The acknowledged need for greater congruence between Chinese law and practice and that of countries with more developed capital markets led to the proposal of amendments to China's legislation during the first half of this decade. This article highlights several improvements resulting from the revisions as well as remaining weaknesses in the regulatory framework for corporate enterprises in China.

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Li, Rongxin. "Public participation and its limits in legislative consultation: a case study on local legislation in China." Theory and Practice of Legislation 7, no. 1 (January 2, 2019): 27–45. http://dx.doi.org/10.1080/20508840.2019.1665280.

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46

Lei, Chen. "The historical development of the Civil Law tradition in China: a private law perspective." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 78, no. 1-2 (2010): 159–81. http://dx.doi.org/10.1163/157181910x487350.

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AbstractWhile Chinese law occupies a sui generis position, namely, East Asian law, it is generally acknowledged that Chinese law comfortably wears the dress of civil law. The Chinese civil law tradition finds its historical roots in the late Qing Dynasty (1902–1911). Long before Alan Watson's magisterial book on the legal transplant, China experimented with importing foreign law. More to the point, the newly enacted Chinese Property Code, in effect for more than two years still has this feature. The new property code is an evolution rather than a revolution, since it is little more than an organic development of the existing law. Consequently, one would expect to find in the new legislation many traces of its past history. It is worth noting that any legal development is not a complete break with its past. Chinese law is no exception. A historical perspective exploring the origin of the traditions of civil law is both necessary and useful for it can shed light on the direction of the future development of Chinese private law.

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47

Севальнев, Вячеслав, and Vyacheslav Sevalnev. "THE LEGISLATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: RUSSIA AND CHINA (COMPARATIVE LEGAL ASPECT)." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 93–98. http://dx.doi.org/10.12737/article_593fc343c6e286.74734563.

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The article considers the actual issues of combating corruption in the Russian Federation and People’s Republic of China. The author conducts a comparative analysis of legislation in the sphere of anti-corruption in Russia and China. The study identified the main approaches in combating corruption in both countries. The author proposes a periodization of the process of formation of anti-corruption legislation in both countries. The author distinguishes three main stages in the development of Russian legislation in the anti-corruption sphere and four stages in the development of similar legislation in China. On the basis of the conducted analysis the author concludes that the anti-corruption legislation of Russia and China, mostly already formed, however, within the legal framework of China, unlike Russia, has not yet been adopted the basic anti-corruption legislative act. The author also notes that in China in anti-corruption legislation widely use a subordinate rule-making and regulations of innerparty character, which can be attributed to regulations at national level, in Russia anti-corruption legislation is divided into the Federal normative legal acts, laws and other normative legal acts of bodies of constituent entities of the Russian Federation and municipal legal acts. The author also notes that PRC authorities in addition to legislative procedures widely use the program to search and return “runaway” officials. This approach is really interesting for the relevant Russian bodies, such as the Federal financial monitoring service and requires further scientific understanding to explore the possibility of using in Russian legal space and law enforcement.

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Levi, Michael, and Fangmin Ruan. "Corruption Legislation and Socio‐Economic Change in the People's Republic of China." Journal of Financial Crime 4, no. 2 (April 1996): 116–28. http://dx.doi.org/10.1108/eb025766.

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Law, Wing-Wah, and Su-Yan Pan. "Legislation and Equality in Basic Education for All in China." Interchange 40, no. 4 (October 2009): 337–72. http://dx.doi.org/10.1007/s10780-009-9099-y.

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50

Beckman, Robert. "The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea." American Journal of International Law 107, no. 1 (January 2013): 142–63. http://dx.doi.org/10.5305/amerjintelaw.107.1.0142.

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The UN Convention on the Law of the Sea (UNCLOS) establishes a legal framework to govern all uses of the oceans. All of the states bordering the South China Sea—Brunei Darussalam, China, Indonesia, Malaysia, the Philippines, and Vietnam—are parties to UNCLOS. Taiwan, which also borders the South China Sea, has taken steps to bring its legislation into conformity with UNCLOS.

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