scholarly journals THE DOCTRINE OF “REMOVING THE CORPORATE VEIL”: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION AND JUDICIAL PRACTICE OF RUSSIA AND SOME ASIAN COUNTRIES

2021 ◽  
pp. 50-55
Author(s):  
T.A. Filippova ◽  
M.V. Litskas

In this article, the authors aimed to give a comparative legal analysis of the doctrine of “removing thecorporate veil” in the context of legislation and judicial practice of the Russian Federation and some Asiancountries (People’s Republic of China, Indian Republic). In the process of studying this problem, it wasconcluded that there are similar norms in foreign legislation with Russian ones on the prohibition of usingthe legal status of a company for the purpose of abuse of law, on the prohibition of affiliation, as well as adiscussion rule on the full joint and several liability of the sole founder of a limited liability company. Inaddition, the conclusion is made about the increasing use of this doctrine in the country of an atypical legalfamily for it — the People’s Republic of China. Based on the materials of the judicial practice of the Republicof India, an attempt has been made to classify this doctrine according to the criterion of the purpose of abuse:in the case of a limited approach, the responsibility of the controlling persons is assigned in the case of theinitially fictitious purpose of creating a legal entity, and in the case of an unlimited approach — for any unfairaction using the limited liability structure of the founder (participant) of the company for its debts.

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.


2021 ◽  
Vol 16 (10) ◽  
pp. 64-72
Author(s):  
E. B. Sultimova

The paper attempts to investigate the issue of the protection of non-traditional trademarks in the People’s Republic of China that is ranked first in the number of registered trademarks in the world. The author analyzes the national legislation on the registration of trademarks that permits the registration of such types of non-traditional trademarks as sound, color combination and a three-dimensional designation, as well as judicial practice on appealing decisions of the National Trademark Office of China to refuse registration of three-dimensional, color and sound trademarks. The author determines the criteria for the protection of non-traditional trademarks, analyzes their application to each type of such marks. The paper highlights the main problems of registration of non-traditional trademarks in China. A conclusion is drawn about the need to improve legal, including international, regulation to stabilize and simplify the protection of non-traditional trademarks in the world.


Author(s):  
X. Shan

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.


Author(s):  
Anastasiia Saulevych ◽  

The article examines the institute of mediation in the People's Republic of China. The reasons for the widespread mediation procedure in China are outlined. The influence of Confucian ethics and Taoist practice on the mediation procedure in China is analyzed, its constituent elements are determined. The organizational and legal bases of functioning of mediation in the given country are investigated, the legal status of mediators in labor disputes, national conciliation commissions, national mediators is outlined. The main normative legal acts of the People's Republic of China regulating the mediation procedure are analyzed. Types of mediation in China are identified: mediation in labor disputes, public mediation, judicial mediation, administrative mediation, legal mediation, commercial mediation. The peculiarities of the mediation procedure, the defining principles of mediation, the rights and obligations of the parties, the role of the mediator in the dispute resolution procedure are described. The types of judicial mediation and the main ways of interaction of courts with mediation organizations are indicated. The main mediation organizations in China (Mediation Center of the China Council for International Trade Promotion, Hong Kong Mediation and Mediation Center) are considered. The peculiarities of concluding and executing agreements based on the results of mediation, the possibility of approving the agreement by the people's court are studied. The role of the Singapore Convention in the development of the institution of mediation in China is determined. The main online mediation platforms are analyzed, the current number of mediation organizations and mediators in China is determined. Prospective directions of improving the institution of mediation in China are proposed, in particular, reorientation of emphasis during the mediation procedure on the rights and interests of the parties, professionalization of mediation, facilitation of cooperation between courts and mediation organizations, improvement of mediation legislation, further active introduction of modern technologies.


Semiotica ◽  
2020 ◽  
Vol 2020 (236-237) ◽  
pp. 477-500
Author(s):  
Jingjing Wu ◽  
Le Cheng

AbstractHuman cognition affects the result of symbolic activity. Evidentiality is a linguistic concept which encodes the source of information and expresses the attitude and confidence of speaker. This paper collects 31 judgments from the Supreme People’s Court (SPC) and local people’s courts in the People’s Republic of China (P.R.C) as the research corpus, and analyzes the evidentiality in four aspects: information source, lingual form, evidential function and speaker’s attitude of the information. It is found in this study that: 1) The information sources are divided into four types as cultural belief, sensory experience, verbal rumor and inferential hypothesis; 2) Lingual form consists of three categories: vocabulary, phrase and compound sentence; 3) Evidentiality in court judgments performs four functions: support with citation, induction with description, paraphrase with less responsibility and summarization with reasoning; 4) The reliability of evidentiality presents a two-tier structure based on different information sources. From the perspective of Peirce’s semiotics, the paper analyzes the judicial practice of court judgments with actual data and proposes some suggestions.


2018 ◽  
Vol 22 (2) ◽  
pp. 128-135
Author(s):  
A. P. Fokov

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.


1960 ◽  
Vol 3 ◽  
pp. 42-58 ◽  
Author(s):  
L. C. Green

The present dispute between India and the People's Republic of China concerning the frontier between those two countries was, to a great extent, touched off by the developments in relations between Tibet and China, although there had been certain recriminations concerning alleged frontier crossings as early as 1954. Furthermore, a large part of the dispute relates to the boundary as established in accordance with the so-called McMahon Line, resulting from the alleged “treaty” of Simla between the United Kingdom and Tibet of 1904. It is therefore advisable to examine the legal status of Tibet itself.


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