Trust law in Chinese courts: judicial decisions as data (2001–2017)

2019 ◽  
Vol 25 (7) ◽  
pp. 761-775 ◽  
Author(s):  
Jian Qu

Abstract Trust law was transplanted into China nearly two decades ago, but how has it been applied by the Chinese courts? The answer may be found in relevant judgments. This study collected accessible Chinese court decisions related to trusts, and, relying on this, the citation practice of Trust Law in courts can be analyzed chronologically, and intensively applied articles can be singled out. Thus, this study intends to use these judicial documents, as data and as individual cases, to examine the role that the Chinese Trust Law has played in the judicial field since its enactment in 2001.

Public Voices ◽  
2016 ◽  
Vol 13 (1) ◽  
pp. 58
Author(s):  
Mordecai Lee

As a reform movement and an academic discipline, American public administrationgenerally coalesced during the Progressive era (1890-1920). Progressive reforms for the public sector seeped deeply into the DNA of the field, including separation of civil servants from politics, reliance on expertise, fewer elected offices, and public reporting of agency activities. However, not all of the governmental reforms proposed during this era were enacted. One of the most controversial and least known was Theodore Roosevelt’s proposal in 1912 that the voters be able to have a referendum on major court decisions, permitting them to overturn those decisions. His idea was only enacted in Colorado, where it remained on the books until 1921. This article reviews the original concept and its history in Colorado.


Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.


2019 ◽  
Vol 65 ◽  
pp. 04012
Author(s):  
Anna Bakurova ◽  
Mariia Pasichnyk ◽  
Elina Tereschenko ◽  
Yurii Filei

The economic essence of the theft, as a crime against property, and its connection to unemployment is revealed. The general model of the support system making court decisions as fuzzy production system is developed. For the case of theft (Article 185 of the Criminal Code of Ukraine), two variants of the implementation of the fuzzy production system - the Mamdani and Sugeno algorithms - are proposed. Incorporation of the developed model into the “Electronic Court” system, which is a feature of the information society, is able to increase the level of automation of judicial practice and prevent corruption.


Author(s):  
Simon Butt ◽  
Prayekti Murharjanti

This chapter examines the environmental law of Indonesia. It first provides an overview of the allocation of powers with respect to Indonesia’s environmental law, taking into account the constitutional basis of environmental protection and the Ministry of Environment’s devolution of powers for managing the environment. The chapter then considers the structure and substance of environmental regulations as they apply to pollution control and hazardous waste, air pollution and climate change, and marine and fisheries. It concludes with an analysis of the implementation framework for environmental law, focusing on the creation of the Ministry of Environment and Forestry via the merger of the Ministry of Environment and Ministry of Forestry. Judicial enforcement of environmental law is also explored, with emphasis on the role of certified judges assigned to the general and administrative courts, judicial decisions and enforcement, judicial review in the Constitutional Court, judicial reasoning, and enforcement of Constitutional Court decisions.


2019 ◽  
Vol 61 (3) ◽  
pp. 421-437 ◽  
Author(s):  
Ingrid Landau ◽  
Dominique Allen

The year 2018 saw significant tribunal and court decisions concerning the definition of ‘casual’ for the purposes of the National Employment Standards, the obligations of labour hire employers, and the employment status of food delivery drivers in the gig economy. This review also covers a number of significant changes to awards made by the Fair Work Commission as part of its 4-yearly award review; a Full Federal Court decision about the extent to which a small group of employees genuinely agreed to approve an enterprise agreement. An unusual tribunal decision about an employee who was assumed to have a disability is noted. Finally, the review considers several significant judicial decisions on accessorial liability and penalites under the Fair Work Act.


1976 ◽  
Vol 4 (2) ◽  
pp. 171-244 ◽  
Author(s):  
Karen Schlueter Budd ◽  
Donald M. Baer

This paper examines the intersection of behavior modification and recent court litigation dealing with prisoners and mentally handicapped persons. The courts have displayed an unprecedented interest in articulating the rights of institutionalized residents and establishing specific standards to insure that these rights are protected. While many of the court-ordered reforms are clearly beneficial, some of the emerging standards might, and indeed do, limit the use of certain behavior modification techniques, with the very real possibility that important therapeutic interventions could be delayed or even prohibited for some persons. This paper presents a comprehensive review of the court decisions relating to behavior modification procedures, outlines some of the complex and largely unresolved issues raised by the decisions, and suggests some solutions to these problems from the viewpoint of a behavioral psychologist.


2019 ◽  
pp. 60-71
Author(s):  
Oksana Trach

The mechanisms for reviewing judgments in civil cases should include additional guarantees to ensure the implementation of the right of appeal, conditioned by the specificity of the court decision, which will serve as the subject of verification. There is a need to establish implementation peculiarities of the right of appeal, as well as the procedures for revising court decisions made in lawsuits against a large group of persons, an indefinite number of persons that are not defined by the current civil procedural law. It has been substantiated the necessity to fix on a legislative level the two-step procedure for implementation of the right of appeal of judicial decisions on such claims. The exercise of the right to appeal depends on the knowledge of the decision on the case by the court of the first instance, as well as the direct involvement of the participant in the process. Particular significance has got the commission of these actions in relation to potential participants of the case. It has been established that the implementation of the right of appeal against the decision on these types of claims will facilitate the creation of options called «Claims for a large group of people», «Claims for an uncertain circle of persons» on the official web site of the judiciary. It was determined that informing the participants of the case, their representatives about the opening of appeal proceedings is important for the possibility of exercising the right to review court decisions in the court of appellate instance, and the use in this regard of procedural opportunities provided by law. It was established that excluding the representative from the participants of the case, the legislator did not regulate properly all procedural aspects of his participation in the process, the exercise of his procedural rights, and performance of duties. There is no clear timetable for the court of appellate instance to determine the issue whether the court decision of the court of first instance concerns the rights, freedoms, interests and / or duties of a person if it was not examined in the trial by the court of first instance and who filed a complaint, as well as the procedural form of its examination. It is necessary to consolidate the possibility to close the appeal proceedings in a case and the possibility to close proceedings against a specific appeal. Preparation of a case for an appeal on a complaint to a court decision on a suit against a significant group of persons should be marked according to its specifics. For this type of claim, it is necessary to change its procedural form in order to hold the preparatory meeting and foresee the necessity of preparing a panel of three judges. The preparatory meeting will expand the procedural capabilities of the participants and their representatives.


2020 ◽  
Vol 4 (2) ◽  
pp. 193
Author(s):  
Anna Lucia Berardinelli

Brazil follows the precepts of the Civil Law system that leaving only limited space for equity. The ongoing pandemic spread crisis and uncertainty worldwide, and there is not enough time for legislators to fill the gaps. Even the already existing legal provisions were designed to cope with unexpected situations, they might be inappropriate in such an unprecedented situation, where everyday contracts are cancelled, obligations are defaulted, companies are bankrupt, and individual rights are mitigated. Courts in Civil Law countries usually do not allow to ground their decisions exclusively on equity powers. This article aims to discuss and propose how the use of evaluative equity in judicial decisions could be the path in the search for the realization of justice, through not only its integrative function but also in an evaluative way, ensure justice in the concrete case. This article concludes that equity is an essential tool for achieving a fair decision and the demands for the common good.


2014 ◽  
Vol 15 (2) ◽  
pp. 213-251 ◽  
Author(s):  
Marc Flandreau ◽  
Gabriel Geisler Mesevage

This paper discusses the origins of rating in the second half of the nineteenth century. We review and criticize existing narratives, which—echoing a story told by lawyers favorable to (or employed by) the agencies—have alleged that a cultural shift in normative views, evidenced in an evolution of court decisions, provided legal protection (against libel) to agencies, and permitted the development of printed credit reports. Such a view is inconsistent with evidence from actual judicial decisions and from our exploration of archival material. Looking at both litigated and settled cases, we show that the rise of mercantile agencies in the late nineteenth century was the product of a farsighted corporate strategy applied ruthlessly to a legal system that was still very reluctant to permit the agencies to “commoditize” credit.


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