THE ROLE OF PRIVATE ENTREPRENEURSHIP FOR SOCIAL AND POLITICAL CHANGE IN THE PEOPLE’S REPUBLIC OF CHINA AND VIETNAM

2014 ◽  
Vol 4 ◽  
pp. 65
Author(s):  
Jay Pottenger

<p>China has a long and sophisticated “legal” history. This makes commenting upon it a daunting and humbling task, particularly for someone like me, who comes from a nation with only a fairly short and (relatively) straight-line story by comparison. Nonetheless, I shall begin by attempting both to describe the current situation in the People’s Republic of China and to place it in some historical context.</p>


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.


Author(s):  
Jessica Milner Davis

AbstractSatire’s critical bite exposes it more often than other forms of humor to various kinds of restraint or control. While most studies of satire focus on its formal censorship (by editorial, legal or political decision), others acknowledge the additional role of internalized constraints (such as personal humor tastes and cultural conventions) that influence satirists in their creative work (self-censorship). This paper argues that constraints on satire (and humor generally) are not limited to those summed up as censorship and self-censorship and that examining reactions that occur after the initial success of a published satire helps to identify a wider range applying to satire and humor in different cultures and times. Focusing on reception rather than creation, therefore, this paper looks at specific cases of successfully published satire that subsequently stirred expressions of public offence in contemporary Australia, Japan, and the People’s Republic of China (PRC). A distinction is drawn between reactions stemming from personal and cultural constraints and opposition shaped by economic and politico-legal forces and interactions between the two are also considered. Moderators of the backlash effect also include the medium of communication and some stylistic features of satire.


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