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Author: Michal Tomášek
Publisher: Karolinum Press, Charles University
ISBN: 9788024619606
Category : Culture and law
Languages : en
Pages : 0
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Book Description
In March 2009, the Faculty of Law at Charles University in Prague, together with the University of Zürich, organized a seminar on Chinese legal culture. As a follow up to this event the participants and other scholars from Europe, Asia, and North America contributed essays looking at Chinese law through a variety of lenses, from its historical roots to its modern reforms. Special attention is also paid here to the question of Westernization, the role of globalization in Chinese legal system, and the act of "translating" between western and Asian legal (and cultural) systems. A wide-ranging collection that contains various perspectives from leading experts in the field, Interpretation of Law in China is a remarkable feat of scholarship and essential reading for anyone interested in comparative, international, or Asian law.
Author: Michal Tomášek
Publisher: Karolinum Press, Charles University
ISBN: 9788024619606
Category : Culture and law
Languages : en
Pages : 0
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Book Description
In March 2009, the Faculty of Law at Charles University in Prague, together with the University of Zürich, organized a seminar on Chinese legal culture. As a follow up to this event the participants and other scholars from Europe, Asia, and North America contributed essays looking at Chinese law through a variety of lenses, from its historical roots to its modern reforms. Special attention is also paid here to the question of Westernization, the role of globalization in Chinese legal system, and the act of "translating" between western and Asian legal (and cultural) systems. A wide-ranging collection that contains various perspectives from leading experts in the field, Interpretation of Law in China is a remarkable feat of scholarship and essential reading for anyone interested in comparative, international, or Asian law.
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9403519819
Category : Law
Languages : en
Pages : 323
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Book Description
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.
Author: Ronald C. Brown
Publisher: Cambridge University Press
ISBN: 1139482017
Category : Law
Languages : en
Pages : 349
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Book Description
Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.
Author: Xu Chongde
Publisher: Kluwer Law International B.V.
ISBN: 9403507322
Category : Law
Languages : en
Pages : 206
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407
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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1107154243
Category : Law
Languages : en
Pages : 361
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Book Description
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Author: Robert F. van Brederode
Publisher:
ISBN: 9789041184733
Category : Corporations
Languages : en
Pages : 0
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Book Description
Legal Interpretation of Tax Law' is a comprehensive multi-jurisdiction survey of the interpretation of the corporate income tax and VAT and GST or other general sales tax laws. As a result of the globalization of trade and business, tax departments and their external advisors are increasingly required to deal with the tax law of foreign jurisdictions. Effective consulting, whether internal or external, requires not only knowledge of tax law per se but also of how tax law is explained and interpreted by the courts of foreign jurisdictions. This book is the first to deal comparatively with tax law interpretation in economies engaged in cross-border investment at a global level.00The introduction outlines the theoretical approaches to legal interpretation in general and gives an overview of issues and topics relevant to taxation ? designed to help readers understand the jurisdictional chapters that follow. Each author pays detailed attention to such documentary elements as explanatory memoranda, administrative rulings, judicial precedents, judgments of foreign courts, legislative debates, and OECD guidelines.
Author: Karen G. Turner
Publisher: University of Washington Press
ISBN: 0295803894
Category : History
Languages : en
Pages : 384
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Book Description
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
Author: Kun Fan
Publisher: Bloomsbury Publishing
ISBN: 1782250735
Category : Law
Languages : en
Pages : 275
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Book Description
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. “What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.” From the Foreword by Gabrielle Kaufmann-Kohler This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Shao-chuan Leng
Publisher: SUNY Press
ISBN: 9780873959506
Category : Political Science
Languages : en
Pages : 352
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Book Description
The post-Mao commitment to modernization, coupled with a general revulsion against the lawlessness of the Cultural Revolution, has led to a significant law reform movement in the Peoples Republic of China. Chinas current leadership seeks to restore order and morale, to attract domestic support and external assistance for its modernization program, and to provide a secure, orderly environment for economic development. It has taken a number of steps to strengthen its laws and judicial system, among which are the PRCs first substantive and procedural criminal codes. This is the first book-length study of the most important area of Chinese lawthe development, organization, and functioning of the criminal justice system in China today. It examines both the formal aspects of the criminal justice systemsuch as the court, the procuracy, lawyers, and criminal procedureand the extrajudicial organs and sanctions that play important roles in the Chinese system. Based on published Chinese materials and personal interviews, the book is essential reading for persons interested in human rights and laws in China, as well as for those concerned with Chinas political system and economic development. The inclusion of selected documents and an extensive bibliography further enhance the value of the book.
