...as alternatives to going to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means “Alternative Dispute Resolution” and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992). We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during...
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...The responsibility of law enforcement is to protect and serve the community as well as make sure the law is obeyed by all citizens. In many instances, civil order is implemented by specialized units. The objective of this assignment is to discuss how the United States handles issues relating to civil order control. In addition, this paper will compare and contrast procedures utilized by other countries. Functions of civil order in the United States are outlined by enforcing the laws of the land, protecting the civil rights of citizens and protect federal property (Feaver, Hikotani, & Narine, 2005). By enforcing the laws, the United States assume the responsibility keeping order in the world. Keeping order assist in the protection of the civil rights of citizens and federal property. Examples of organizations created to implement civil order in the United States are the U.S Department of Homeland Securities and the National Guard. The purpose of the U.S. Department of Homeland Securities is to protect the country the various threats. In response to the 9/11 attacks on U.S. soil, this department was created to respond to terrorist attack, human attacks and natural disasters. Some of the department jobs include aviation, border security, emergency response, cybersecurity and chemical inspections (Homeland Security, 2011). It main is to provide safety for the American people on American soil. The purpose of the National Guard is to supply defense for the United States...
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...DFW Memorandum Name: Institutional Affiliation: Date: Over the years, economic globalization has been a hot topic worldwide. While a section of people argue that economic globalization has caused a number of problems, its positive impacts cannot go unnoticed. Economic globalization has been instrumental in the creation of free market flows, thus in the process, enabling development or increased productivity in developing countries. With this, it means that the developing countries will benefit from both foreign market and an international market. Additionally, through economic globalization, international investors are attracted to a given area with the potential for growth but this is only possible if the legal framework of the country of interest is clear on the investment policies that should be undertaken. Specifically, Shanghai has shown the significance of economic globalization owing to the number of investors who are attracted to invest in the country. As a legal counselor for DFW, a firm that is interested in venturing in Shanghai, understanding Chinese investment policies are critical in determining the business structure that the company will have, as well as, the various incentives, and the means of resolving disputes should any arise. There are two main types of business structures that can be used in Shanghai; these can be Limited Liability companies and Representative office. The Limited Liability Company is independent legal entities that bear...
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...Political System of China refers to the political structure, fundamental laws, rules and regulation and practices that are implemented in Mainland China, and which control the state power, government, and the relationships between the state and society. Being a socialist country, led by the working class, based on the worker-peasant union and practicing people's democratic centralism, the primary system in the country is the socialist system. The Constitutional System--- The constitution states the fundamental law of the state. The current constitution was adopted on December 4, 1982 by the 5 th National People's Congress. The System of People's Congress--- It's the organizational form for the state power in China and its fundamental political system. The National People's Congress (NPC) holds the highest authority in state power, while local people's congresses are the local authorities. Both are elected by the people. The Party in Power--- The Communist Party is the only party in power. Founded in 1921 , the Communist Party of China (CPC) finally recognized the People's Republic of China in 1949 through years of armed struggle. At present there are 60 million members in more than 3 million grassroots organizations. The System of Multi-Party Cooperation and Political Consultation--- The CPC being the only party in power in People's Republic of China, has eight other political parties accepting its leadership and participating in the discussions and management...
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...Christina Harrington LS308 Law & Society Unit 3 Assignment Professor Jeffrey Gulley February 24, 2015 Family of Law | Countries where type of law is dominant | Characteristics | How Disputes are Settled | How Cases are Handled. | Common Law | Great Britain | * Reliance on case law make precedence * Adversary system * Jury plays a more prominent role * Judicial Review | * Trial by jury * Legal representation is provided to assure equal protection under the law * Sentences are based upon guidelines | * Cases are tried before Magistrate and jurors * Tried under an indictment or summary conviction * The Crown bears the responsibility for proof beyond a reasonable doubt * Magistrates referees the proceedings | Civil Law | France | * Rely on written detailed codes of law * Judges have less power than those in Common Law * Judges only interpret the legal codes * Judges are expected to follow a series of decisions that agree on the interpretation of a code provision * Judges are restricted by the provisions of the written law | * All crimes are brought before the instructing judge prior to court hearings * The judge controls the coordination of the investigation including gathering facts, preparing it for trial and questioning witnesses * The judge rules on the case based upon the codified laws. | * Cases are brought by the public prosecutor’s office to the instructing judge prior to any court hearing * Instructing judge’s...
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...not reference without the author’s permission Paper for Cornell –PKU Conference, June 9-11, 2008, Ithaca Legal Myth on Emergence of Social Enterprises in China By JIN Jinping∗∗ Abstract Is social enterprise a new form of organization, differ from for-profit ones and not-for-profit ones? The article tries to answer this question. The social enterprises seem blur the boundary between for-profit and not-for-profit in the objects, while they don’t break though the distinction between for-profit organization and not-for-profit organization, and the rules applied respectively. However the social enterprises can enjoy some special treatment, not base on the form of organization, but on the social benefit of their mission. We should deal with social enterprises and pure business enterprises differently, and shouldn’t ask the later to offer what they needn’t. Key words: Social Enterprises; Corporate Social Responsibility; Community Interest Company; the Triple Bottom Line PartⅠ. Introduction While “corporate social responsibility” is broadly concerned by the public, a new term “Social Enterprise” has been introduced and is gaining its popularity. There are quite a few incubators for social enterprises in practice, and some foundations have put ∗∗ Jin Jinping, Lecture in Peking University Law School. Email: jinjinping@yahoo.com.cn. 1 social enterprises at their priority list of their grantee.1 The term “Social Enterprise” is first used in a report...
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...The legal system of the Hong Kong Special Administrative Region (HKSAR) is based on the rule of law and the independence of the judiciary. The constitutional framework for the legal system is provided by the Basic Law sanctioned by the National People’s Congress of the PRC. Under the principle of ‘one country, two systems’, the HKSAR legal system, which is different from that of Mainland China, is based on the common law, supplemented by local legislation. All legislation in force in the HKSAR is accessible on the internet at www.legislation.gov.hk. Law in the HKSAR: The laws in force in the HKSAR include: (1) the Basic Law; (2) national laws listed in Annex III to the Basic Law; (3) the laws, including the common law and the rules of equity, in force before July 1, 1997, apart from a small number of statutory provisions which were declared by the Standing Committee of the National People’s Congress to contravene the Basic Law; and (4) laws enacted by the legislature of the HKSAR. National laws relating to defence, foreign affairs and other matters outside the limits of the autonomy of the HKSAR may be listed in Annex III to the Basic Law for application in the HKSAR by way of promulgation or legislation by the HKSAR. Currently, 12 national laws are included in Annex III to the Basic Law. The Judiciary: It is fundamental to Hong Kong’s legal system that members of the judiciary are independent of the executive and legislative branches of government...
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...heads Introduction On February 25th, 2009, Christie’s, as the world’s largest auction house, proceeded the sale of two bronze animal heads, which were initially owned by China but lost in time of war, in Paris from the collection of the deceased fashion designer Yves St Laurent, fuelling great wrath of Chinese people. A NGO called APACE, together with a newly-established group of Chinese lawyers, applied to the “Tribunal de Grande Instance” (a court in Paris) for the “property preservation” of the two relics in order to sabotage the auction, yet the litigation was rejected since the judge held that the complainant doesn’t have the direct claim right. [1] Besides, Chinese government and individual collectors like Cai Mingchao also made their move against this auction, but China still scarcely makes any material progress in the restitution of the looted legacies throughout. [2] Such case reveals great challenges for countries like China to get back missing or stolen artefacts due to multi-faceted legal problems, and their harvests are often not in proportion with efforts paid. On the other hand, propelled by a huge profit, illegal antique trade has been showing a rampant trend in recent years. Its annual turnover is the second highest in all illegal dealings, merely lower than drug trade. [3] Given the lax law system on the protection of cultural relics and the burgeoning market demand, explicit need is suggested to curb the current situation. Based on the above case and focusing...
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...| | | | | | | |Patrina Smith | | | |Business Law 531 | | | |University of Phoenix...
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...doubt. And for the civil standard is proof on the balance of probabilities. iii) The standard of proof requires in criminal trail is to establishes the offense beyond a reasonable doubt, for the standard of proof required in civil trail is to proof on the balance of probabilities with clear and convincing evidence. 2. Criminal law is a branch of law which concerns crimes that committed against the government or society. For example, social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. The main objective of prosecution in criminal law is to punish convicted offenders by means a fine, imprisonment or other forms of punishments, unlike civil law, whose emphasis is more on dispute resolution and victim compensation. Civil law is used to regulate rights and obligations of individuals for upholding private rights and resolving dispute between private citizens. 3. The principal legal sources of law in Hong Kong include the Basic Law, Article 5, Article 8, Article 18 and also Article 19. The establishment of Hong Kong’s legal system was in accordance with the provisions of Article 31 of the Constitution of the People’s Republic of China. The Basic Law is the constitutional document of the HKSAR and the blueprint for the future development since it prescribe the systems to be practiced in the HKSAR in order to ensure the implementation of the basic policies of the People’s Republic of China regarding Hong Kong...
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...2012 中国政法大学 Tristan Alberto Vaca Narvaja [THE LI AND THE FA ALONG CHINESE LEGAL HISTORY] China University of Political Science and Law 中国政法大学 An Overview of Chinese Legal System Introduction The purpose of this paper is to make an analysis about how the concepts of Fa and Li interacted between each other along the Chinese legal history, starting with a brief summary of the dynastic eras, and focusing in what we could call modern legal history, what I consider starts on the late Qing Dynasty. The analysis ends with the admission of China to the WTO, because I think that is a topic that deserves a whole new article for itself, and due to time limitations cannot be developed properly. The reason why I have chosen this theme is because I firmly believe that to be able to understand nowadays legal debates and legislation is necessary to have an idea about the broad historical and ideological Chinese framework. Along the more than 5.000 years of history, China has reinvented itself several times, learning from the hits and misses, unsurprisingly legal principles and legislation has followed the same stream. This papers starts with the genesis of the Li and Fa concepts, relating it with the Confucianism and legalism philosophies. Then, the each section illustrates an important period in Chinese history, emphasizing the situation of the law. Those sections comprehends, the late Qing dynasty, the republican era, the changes during the communist era, the application...
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...Chapter 07 The International Legal Environment: Playing by the Rules True / False Questions 1. | The form of law found in the United States and England is classified as civil or code law. True False | 2. | The form of law found in Germany, France, and Japan is called civil or code law. True False | 3. | Common law is based on an all-inclusive system of written rules of law. True False | 4. | Under code law, the legal system is generally divided into three separate codes: commercial, civil, and criminal. True False | 5. | Islamic law prescribes specific patterns of social and economic behavior for all individuals. True False | 6. | Code law prohibits the receipt and payment of interest on loans. True False | 7. | In Marxist–socialist societies, law is subordinate to prevailing economic conditions. True False | 8. | The World Court can settle disputes between a company and a government. True False | 9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance. True False | 10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally. True False | 11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation. True False | 12. | If conciliation is not used to settle a difference...
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...Case Analysis (pg. 351) 1. Summarize the facts that led to the defendant’s claim that he was subjected to double jeopardy. He was convicted to his concurrent 72 month sentences for his crime which he plead guilty to, in which the judgment and sentencing of said crimes never referred to his Caribou Way property. Prior to this conviction, his property had already been forfeited to the American government by order of default in this same case. His plea agreement never referred to the forfeit of his Caribou Way property. The initial forfeiture of the property was a judgment made on the open cases against Falkowski. Then, having him sentenced for concurrent 72 month terms in a correctional facility would have made that a secondary judgment on the same cases which the American government was granted possession of the property for. Considering his plea agreement referred to the forfeiture of his real estate, it would be implied that the seizing of the Caribou Way property was meant to satisfy his guilty plea, and since the judgment of the possession of the property wasn’t granted along with the sentencing of the accused, then the order of the events would show that he was subjected to double jeopardy once by the seizing of his property, and then again by the sentencing of 72 concurrent month terms for each count. Giving reason to believe that the seizing of the property didn’t satisfy the judgment placed by the court for any of the counts the accused was facing. 2. What was (were)...
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...Ana María Hoyos Business Law in China and India Which is more appealing to Latin America? The economy of the United States has been slowing down during the past years, leaving Latin American economies with no alternative but to look into further horizons. Both China and India have been growing and flourishing into attractive alternatives for Latin American businesses. These two fast-growing developing economies represent a great opportunity for Latin American countries especially because both India and China have showed their interest in doing business with Latin America. Additionally, the recent boom of Latin American leftist governments that are not fond of the United States has minimized the gap between the western south and these two Easter giants, increasing the need for joint business ventures and trading partnerships that contribute to the growth of China, India and Latin America. In order to evaluate the relation of Latin American countries with China and India, it is important to analyze the legal systems and regulatory business environments of the Chinese and Indian governments. By developing a concise comparison between China and India, this paper will eventually evaluate which country has more to offer to Latin American economies. Such comparison will be based upon aspects such as legal backgrounds and traditions, basic business regulations, trade laws and others, to finally conclude what sort of government is more appealing to Latin American economies. ...
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...Part 1 Business Enterprises in China 1.0 Introduction 2.0 Proprietorships 3.0 Partnerships 4.0 Corporates 1.0 Introduction In the People’s Republic of China, business organizations may be classified in to three main classes: individual proprietorships, partnerships, and corporations. The laws that effect these forms of business enterprises are diverse. There is no single code or statute that governs the PRC law of business enterprises. According to the sources of capital, there are domestic capital enterprises which are regulated by Sole Proprietorship Enterprise Law of the People's Republic of China , Partnership Business Law of the People's Republic of China, and Company Law of the People's Republic of China and foreign capital enterprises which are regulated by The Measures for Administration of the Establishment of the Partnership by Foreign Enterprises or Individuals within the Territory of China, Law of the People’s Republic of China on Chinese-Foreign Con-Tractual Joint Venture, Law of the People’s Republic of China on Chinese-Foreign Equity Joint Ventures, and Law of the People’s Republic of China on Foreign – Capital Enterprises. The relevant laws are the Security Law , the Fair Competition Law and the Antitrust Law. 2.0 Proprietorships 2.1What is a sole proprietorship enterprise A sole proprietorship enterprise means a business entity established within China with its capital contributed by one individual and its assts owned personally by the sole proprietor...
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