I. An Imperfect Improvement: The New Conflict of Laws Act of the People's Republic of China

2011 ◽  
Vol 60 (4) ◽  
pp. 1065-1093 ◽  
Author(s):  
Zhengxin Huo
Keyword(s):  
Legal System ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Standing Committee ◽  
Conflict Of Laws ◽  
Legislative History ◽  
Republic Of China ◽  
Chinese Characteristics ◽  
People's Congress ◽  
Conflict Of Law

On 28 October 2010, the Standing Committee of the Eleventh National People's Congress adopted China's first statute on the Conflict of Laws: the ‘Act on the Application of Laws over Foreign-related Civil Relationships’ (‘Conflicts Act’).1 The adoption was an historic event in Chinese legislative history, as it indicates China has modernised its conflict-of-law rules after many years of unremitting efforts made by legislators and scholars. More importantly, it means that ‘a socialist legal system with Chinese characteristics’ has been successfully established, and allows China to claim to have a systematic legal system.2

Exploring changes of governance discourse of the National People’s Congress of the People’s Republic of China

2019 ◽  
Vol 15 (1) ◽  
pp. 2-20
Author(s):  
Hui-Wen Deng ◽  
Kwok Wah Cheung
Keyword(s):  
Chinese Communist Party ◽  
Political System ◽  
People’S Republic Of China ◽  
Political Agenda ◽  
People's Republic Of China ◽  
Standing Committee ◽  
Content Type ◽  
Republic Of China ◽  
Rubber Stamp ◽  
People's Congress

Purpose The National People’s Congress (NPC) of People’s Republic of China, the highest organ of state power, is popularly seen as a rubber-stamp entity. However, it has been substantially evolving its roles to accommodate the governance discourses within China’s political system over the decades. This study aims to explore the changes of governance discourse of the NPC within China’s political system through which to offer a thorough understanding of the NPC’s evolving substantial role in current China. Design/methodology/approach This study deploys a historical approach to explore the changes of governance discourse of the NPC that has seen a growing importance in China’s political agenda, as argued by this study. Findings The authors find that the NPC has been substantially evolving its role within China’s political system in which the Chinese Communist Party has created different governance discourses. Besides, the NPC and its Standing Committee have asserted its authority as a substantial actor within China’s political system. The NPC is no longer functioned as a rubber-stamp institution, though it is still popularized as a rubber stamp by many scholars. Research limitations/implications This study is a historical elaboration on the development of NPC under three governance discourses. It might be, to some extent, relatively descriptive in nature. Originality/value This study, therefore, sheds some light on a revisit on the governance discourses in current China.

Coast Guard Law of the People’s Republic of China and Its Implications in International Law

2021 ◽  
pp. 1-13
Author(s):  
Chen-Hong Liu ◽  
Zhang Xu ◽  
Yen-Chiang Chang
Keyword(s):  
International Law ◽  
Coast Guard ◽  
Maritime Security ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Standing Committee ◽  
Republic Of China ◽  
The Law ◽  
Set Up ◽  
People's Congress

Abstract In January 2019, the People’s Armed Police set up a working group to draft the Coast Guard Law of the People’s Republic of China. The 13th National People’s Congress Standing Committee concluded its twenty-fifth session and scrutiny of this draft law, which officially entered force on 1 February 2021. The Law is divided into 11 chapters and 80 articles, including but not limited to maritime security, maritime crime investigation, use of non-firearm and weapons, and international cooperation. This article outlines and analyses the Law, as well as focusing on its implications as a matter of international law.

People’s Republic of China

2015 ◽  
Author(s):  
Richard Frimston ◽  
Wang Hao ◽  
Mang Tian
Keyword(s):  
The State ◽  
People’S Republic Of China ◽  
State Council ◽  
People's Republic Of China ◽  
Standing Committee ◽  
Republic Of China ◽  
People's Congress

China is a country with only one constitution. Only the National People’s Congress and its Standing Committee has legislative powers. The State Council has legislative powers only when delegated by the National People’s Congress. China’s provinces have no legislative powers, nor do they have separate constitutions.

Criminal Justice in the People's Republic of China: A Selective Annotated Bibliography of Western Language Commentaries

1980 ◽  
Vol 8 (3) ◽  
pp. 103-114
Author(s):  
Timothy Kearley
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Procedure ◽  
Annotated Bibliography ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Considerable Time ◽  
Republic Of China ◽  
People's Congress

On July 1, 1979, during the Second Session of the Fifth National People's Congress of the People's Republic of China (PRC), seven important laws were passed. Among these new laws were complete codes of criminal law and criminal procedure.The approval of these laws—particularly the codes of criminal law and procedure—is, to anyone with more than a casual interest in the PRC's legal system, an act of great significance. The Chinese themselves certainly view this event as being quite important and have devoted considerable time and effort to propagandizing its meaning for their society.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

scholarly journals What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes

2019 ◽  
Vol 21 (3) ◽  
pp. 173-188
Author(s):  
Lloyd Andrew Brown
Keyword(s):  
Soil Pollution ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Usa ◽  
The Law ◽  
Lender Liability ◽  
Management Advice ◽  
And Control ◽  
People's Congress

On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.

Sign in / Sign up

Export Citation Format

Share Document