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The Chinese Path of Rule of Law Construction (China Insights)
by He Tian Yanbin LvThis book provides law-based governance which is one of the basic policies that underpins our endeavors to uphold and develop socialism with Chinese characteristics in the new era. Law is the key to governing the country，and the rule of law is an important support for the national governance system and governance capacity. Since the 18th National Congress of the CPC，China has implemented the four-pronged comprehensive strategy and created an unprecedented new situation for law-based governance. Further progress has been made in ensuring China’s legislation is sound，law enforcement is strict， the administration of justice is impartial，and the law is observed by everyone. China’s efforts to build a country， government，and society based on the rule of law have been mutually reinforcing； the system of distinctively Chinese socialist rule of law has been steadily improved； public awareness of the rule of law has risen markedly. In recent years， China has adhered to the correct handling of the relationship between deepening reform and law-based governance，ensuring that major reforms are justified by law and providing solid guarantees of the rule of law for reform and opening-up. China has adhered to combine law-based governance of the country and rule-based governance over the party and exercised law-based governance at every point in the process and over every dimension of full and rigorous governance over the party and has made remarkable achievements in the construction of a clean and honest government and the struggle against corruption.
The Chinese Path Toward a Leaner Government
by Yining Li Zhiqiang ChengThis book focuses on the administration streamlining aligned with the market-oriented reform process in China. The book is divided into two parts. The first part clarifies why administration is necessary and important, what it covers, and how to deal with the relation between the central and the local governments. The second part presents empirical analysis in specific areas, including agricultural reform, fiscal reform, government reform and education reform, and a series of decentralization reforms. This book is a collective wisdom from Peking University and is edited by Chinese economist Yining Li.
A Chinese Perspective on WTO Reform
by Lei Zhang Xiaowen TanThis book discusses the most recent developments in the WTO regime. Issues such as E-commerce, security exception clause, China's compliance with the WTO obligations, sustainability development, IP protection in FTZs, trade controls and etc., are at the forefront of WTO studies. These issues strongly influence people's understanding of the current role of WTO and provides possible way to revitalize the function of WTO. Meanwhile, as the world's second largest economy, the world's largest trading nation and the holder of the world's largest foreign exchange reserves, China is apparently a powerful figure in leading these issues. Therefore, this book explores extensively these issues from a Chinese perspective to see what China could do to reboost the world trade.
Chinese Perspectives on the International Rule of Law: Law and Politics in the One-Party State (Leuven Global Governance series)
by Matthieu BurnayBuilding upon an understanding of the rule of law as an ‘essentially contested concept’, this insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law at both a national and international level. In particular, chapters focus on China’s impact on global trade and security governance. These case studies enable conclusions to be drawn regarding China’s more general perspectives on the international rule of law as a concept. Offering a thorough analysis of EU-China relationships, the book highlights the prospects and challenges for a meaningful dialogue on the rule of law and the international rule of law. In doing so, it illustrates the merits of the rule of law as a concept to engage in meaningful dialogues across a myriad of legal and political systems. This book will hold particular appeal for students and scholars of Chinese law, International law, EU-China relations, and legal theory. Policy makers will also find this a stimulating read as the work aims to build both academic and policy bridges between the Western and Chinese conceptions on the rule of law at both national and international levels.
Chinese Private International Law (Studies in Private International Law - Asia)
by Xiaohong Liu and Zhengyi ZhangWritten with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.
Chinese Private International Law (Studies in Private International Law - Asia)
Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.
The Chinese Road of the Rule of Law (China Insights)
by Lin LiThis book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.
Chinese Rule of Law Path and Cultivation of Foreign-Related Rule of Law Talents
by Jie Guo Xiaobo DongThis book systematically explores the historical development, connotation, characteristics and cultural resources of Chinese rule of law path based on the combination theory and practice. It also comprehensively reveals the overall objectives and promotion models of Chinese rule of law path, theoretically expounds the people-oriented nature of Chinese Thought on the Rule of Law and the global initiatives of Chinese rule of law path, and proposes the important guarantee of realizing the global initiatives of Chinese rule of law path——the cultivation of foreign-related rule of law talents. From this book, readers, not only scholars and experts specialized in relevant fields but also layman interested in legal life of modern China, can truly grasp the rich connotation of the socialist rule of law with Chinese characteristics in the new era and have a refreshing understanding of contemporary legal culture of China.
Chinese Rules and Procedures for Addressing Mass Actions: A Juridification Account
by Cong-rui QiaoThis book unravels the intricate tapestry of Chinese state-society and government-citizen interactions in both legal historical and contemporary contexts. Set against the backdrop of China’s meteoric rise as a global economic and political powerhouse, it presents a comprehensive and nuanced exploration of China’s governance norms and their transformative evolution in the modern and contemporary eras. The book analyses China’s multifaceted governance landscape, including its profound influence on the dynamics of government-citizen interactions in contemporary China. By introducing the concept of “juridification”, it demystifies the complexities of Chinese governance traditions and transitions. At its core, the book reveals how legislative, administrative and judicial authorities address the collective grievances of Chinese citizens. Through a combination of historical, legal and sociological analyses, it equips readers with an understanding of the formal and practical mechanisms used by Chinese authorities, spanning from the 1980s to the present, to address mass actions. In addition, the book assesses an underexplored aspect: the changing narratives and diverse perspectives found in news coverage of government responses to mass actions, shedding light on the socialisation of principles of public accountability and the safeguarding of civil rights in China. The book is intended to make the topic accessible to both scholars and an interested global audience, helping them understand the Chinese legal governance model, its underlying rationale, recent developments and social implications.
Chinese Tax Law and International Treaties
by Lorenzo RiccardiThe People’s Republic of China’s tax policies and international obligations are as multifaceted and dynamic as they are complex, developing closely with the nation’s rise to the world’s fastest-growing major economy. Today, after decades of reform and the entry into the World Trade Organization, China has developed regulatory systems that enable it to provide stable administration, including a tax structure. China’s main tax reform can be attributed to the enactment of the Enterprise Income Tax Law, which came into effect on January 1, 2008. Chinese tax regulations include direct taxes, indirect taxes, other taxes, and custom duties and from a collection point of view, China’s tax administration adopts a very devolved system, with revenue collected and shared between different levels of government in accordance with contracts between the different levels of the tax administration system. With respect to international treaties, China has established a network of bilateral tax treaties and regional free trade agreements. This publication describes in detail China’s complex tax system and policies, as well as major bilateral treaties in which China has entered into using country-by-country analysis. Lorenzo Riccardi is Tax Advisor and Certified Public Accountant specialized in international taxation. He is based in Shanghai, where he focuses on business and tax law, assisting foreign investments in East Asia. He is an auditor and an advisor for several corporate groups and he is partner and Head of Tax of the consulting firm GWA, specializing in emerging markets.
A Chinese Theory of International Law
by Zhipeng He Lu SunThis book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law.The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.
Chiropractic: Not All That It's Cracked Up to Be
by Edzard ErnstOf all forms of alternative medicine, chiropractic is the one that is most generally accepted. In the UK, for instance, chiropractors are regulated by statute and even have their own ‘Royal College of Chiropractic’. In the US, chiropractic’s country of origin, most chiropractors carry the title ‘doctor’ and many consumers believe they are medically trained. Despite this high level of acceptance, chiropractic is wide open to criticism. The claims and assumptions made by chiropractors are far from evidence based. Chiropractic manipulations are of doubtful effectiveness and have regularly been associated with severe adverse effects, including multiple fatalities. The advice issued by chiropractors to patients and consumers is often less than responsible. The behaviour of chiropractors and their organisations is frequently less than professional. This book presents and discusses recent evidence in and around chiropractic in a factual and unemotional manner. It amounts to an evidence-based critique of this profession and discloses the often dangerously misleading information published for the lay audience. It thereby contributes to advancing public health and critical thinking.
Chirurgie und Recht (Facharzt und Recht)
by Ulrich Eickhoff Hermann FengerDas Buch richtet sich an Chirurgen, die in vertrauter Sprache und Form Antworten auf spezifische juristische Fragen und Probleme suchen. Die gemeinsame Erarbeitung durch einen Juristen und Chirurgen erlauben eine hohe Praxisrelevanz bei gleichzeitiger juristischer Genauigkeit. Typische Situationen und Probleme des chirurgischen Alltags in Klinik und Praxis werden juristisch durchleuchtet. Sofort umsetzbare Antworten werden ergänzt durch Checklisten und Praxistipps. Zukünftige Entwicklungen wie der Einfluss des europäischen Rechts auf die tägliche Arbeit oder auch Netzstrukturen werden berücksichtigt. Ein detailliertes Stichwortverzeichnis erleichtert das Auffinden der entsprechenden Themen. Das Buch richtet sich an Chirurgen aber auch an Ärzte in der chirurgischen Weiterbildung in Klinik, Praxis und Verwaltung, um insbesondere Unsicherheiten in Bezug auf juristische Fragen dieses Fachgebietes zu nehmen.
The Choice
by Kerry BarnesThe brand new gripping, gritty crime thriller from Kerry Barnes that will have you hooked. * * * * *
The Choice: A Gripping And Addictive Crime Thriller
by SJ FordJane Bell is a murderer. At 4.55pm on 15th January, Jane Bell hit a man with her car, killing him instantly. With witnesses, CCTV footage and a signed confession, her guilt is never in doubt.Jane Bell is a hero. But she doesn't feel guilty. Because James Foster was about to blow up a primary school. He was planning on killing hundreds of children. He was going to kill her children.What would you have done? Readers love The Choice! 'Absolutely phenomenal... Fantastically written... Great characters, great details and a great ending!' Goodreads Reviewer, ?????'Wow, this book had me gripped from start to finish. As a mother myself I felt for Jane. Liked how the story was told from several of the characters' perspectives and had a few surprises that I wasn't expecting. Look forward to reading more from this author in the future' NetGalley Reviewer, ?????'It took me a while to write this review as I am speechless as how the book made me feel. It gripped me from the very first page... I felt a lot of emotions in this book... A powerful read. I thoroughly enjoyed it' Goodreads Reviewer, ?????'What an absolute page turner of a book. This is an utterly fantastic read. Is murder ever right????... Even to save a school full of children??... A fabulous book that I would highly recommend... It kept me going until the last page. Definitely a 5-star read' NetGalley Reviewer, ?????'Such an emotionally challenging story! Being a parent this challenged every bone of my morel fibre. I am Team Jane all the way!' NetGalley Reviewer, ?????'A dramatic suspense thriller... The choice she made for herself was terrifying for oneself but I found myself rooting for her and found it a enjoyable read' Goodreads Reviewer, ?????'What a brilliant, thought-provoking book. Book clubs will have a lot to talk about after reading this!... This book throws up so many questions and has you placing yourself into the protagonists' shoes like no other book I have ever read... Powerfully captivating, from beginning to end and one that you will never forget!' Inked Book Reviews, ?????'What a read... Well written keeping the reading gripped until the very end... An original story with great characters depth and a real life plot... Read it!!' NetGalley Reviewer, ?????'I was so invested in this dramatic thriller that I finished it over the course of a single night! The choice that the protagonist has to make is truly a terrifying one, but you can't help but root for her!' NetGalley Reviewer, ?????'Loved it, it really made you think about what you would do in the same situation, I thought the characters were very well drawn and when the story took an unexpected turn I wasn't sure what the final outcome would be. I will be recommending this book to everyone I know' NetGalley Reviewer, ?????'Truly wonderful and different... I was hooked till the last page. A first novel for this author, I can't wait for the next one' NetGalley Reviewer, ?????
Choice of Law: An International Comparative Analysis (Oxford Commentaries on American Law)
by Dean Symeon C. SymeonidesChoice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Choice of Law (Oxford Commentaries on American Law)
by Dean Symeon C. SymeonidesChoice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Choice of Law and Recognition in Asian Family Law (Studies in Private International Law - Asia)
by Anselmo Reyes, Wilson Lui and Kazuaki NishiokaThis thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised.The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.
Choice of Law and Recognition in Asian Family Law (Studies in Private International Law - Asia)
This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised.The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.
The Choice of Law Contract (Studies in Private International Law)
by Maria HookThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
The Choice of Law Contract (Studies in Private International Law #18)
by Maria HookThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Choice of Law for American Courts: A Multilateralist Method (Contributions in Legal Studies)
by Edwin S. FruehwaldThis study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law. In the early 20th century, there was a fairly-uniform multilateralist method of choice law. In the 1920s and 30s, however, scholars adn courts began to reject this method. Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy. Currently, state courts use four different approached to choice law with numerous material variations. This study rejects these approaches on normative, constitutional, and practical grounds. Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states. The study also argues that such an approach should satisfy a constitutional standard that requires a court not choose one state's law when another state has a significantly closer connection to controversy.The proposed method consists of two parts. The first part determines the states that have created legal relations applying to the dispute. When more than one state has created a legal realtions applying to the dispute. When more than one state has created a legal relation that applies to the controversy, the second part adopts the law of the state that had the closest connection. The study then applies the suggested method to numerous choice of law problems.
Choice of Law in International Commercial Contracts (Oxford Private International Law Series)
by Daniel Girsberger, Béligh ElbaltiAlthough the possibility of making a choice of law in respect of international commercial contracts has become widely accepted, national law still diverges in many respects with regard to the scope and relevance of, and the limitations on, party autonomy, leading to uncertainty in international commercial relations. This book compares the Hague Principles on Choice of Law in International Commercial Contracts (2015) with national, regional, supranational, and international rules on choice of law around the world in order to chronicle the divergent approaches which exist today. The work is introduced by a comprehensive comparative report which sets out the similarities and differences between the featured national, regional, supranational, and international rules, comparing such rules with those of the Hague Principles, thereby initiating a discussion on further harmonization in the field. Another report focuses on the application of the Hague Principles in the context of international commercial arbitration. Dedicated chapters analyse the Hague Principles from a historical, theoretical, and international organizational point of view. Finally, examining each jurisdiction in detail, the book presents sixty national and regional article-by-article commentaries on the Hague Principles written by experts from all parts of the world. This dedicated and in-depth global comparative study of national, regional, supranational, and international rules provides a definitive reference guide to the key principles in respect of choice of law for international commercial contracts.
Choice of Law in International Commercial Contracts (Oxford Private International Law Series)
Although the possibility of making a choice of law in respect of international commercial contracts has become widely accepted, national law still diverges in many respects with regard to the scope and relevance of, and the limitations on, party autonomy, leading to uncertainty in international commercial relations. This book compares the Hague Principles on Choice of Law in International Commercial Contracts (2015) with national, regional, supranational, and international rules on choice of law around the world in order to chronicle the divergent approaches which exist today. The work is introduced by a comprehensive comparative report which sets out the similarities and differences between the featured national, regional, supranational, and international rules, comparing such rules with those of the Hague Principles, thereby initiating a discussion on further harmonization in the field. Another report focuses on the application of the Hague Principles in the context of international commercial arbitration. Dedicated chapters analyse the Hague Principles from a historical, theoretical, and international organizational point of view. Finally, examining each jurisdiction in detail, the book presents sixty national and regional article-by-article commentaries on the Hague Principles written by experts from all parts of the world. This dedicated and in-depth global comparative study of national, regional, supranational, and international rules provides a definitive reference guide to the key principles in respect of choice of law for international commercial contracts.
Choose Your Medicine: Freedom of Therapeutic Choice in America
by Lewis A. GrossmanA comprehensive history of the concept of freedom of therapeutic choice in the United States that presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American policy and law from the Revolution through the Trump Era. Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine, Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever.