Search

Previous studies often attribute the poor enforcement of intellectual property rights (IPR) law in non-Western countries to environmental constraints, including social, political, or cultural factors. This article tries to reorient our focus to two intrinsic characteristics of legal rights appertaining to their social forms: the intangibility of the constructed legal object and the scope of contradictions among legal subjects. Based on 85 in-depth interviews from six IP-intensive industries in China, I propose a theoretical framework for combining the "textual" and contextual dimensions of studying legal transplants – the susceptibility of law. I argue that the intrinsic qualities of the IP legal concept imply a sizable gray space, making it difficult to interpret, hard to enforce, and thus more susceptible to specific contextual influences. The country-level contextual environment does not provide adequate technique, legitimacy, and experience to effectively enforce IPRs in general, yet some industries may benefit from a set of sub-contexts that provide compensatory support through product-embedded standardizations or network-embedded norms. Although these sub-contexts are not enough to produce a robust IPR regime as in the West, they do generate pockets of effectiveness, allowing industries to muddle through and profit, and an otherwise foreign institution gradually to take root. [ABSTRACT FROM AUTHOR]

Ecological compensation has emerged as a crucial institutional framework for managing the interplay between ecological preservation and economic development in China. This study focuses on the specific case of grassland ecological compensation to investigate the protection of rights and interests of non-governmental subjects. By utilizing data derived from questionnaire responses, this study examines the legal rights, obligations, and responsibilities associated with grassland ecological compensation. Statistical techniques such as Z-distribution, chi-square test, and non-parametric measures of correlation are employed to analyze the collected data, which are presented using tables and graphs. Furthermore, this research evaluates the current state of rights and interests of compensation subjects engaged in ecological compensation practices, aiming to enhance our comprehension and assessment of the extent to which the ecological compensation system safeguards the rights and interests of individuals. The findings show that a substantial number of respondents see current grassland ecological compensation methods in China as reasonable but insufficient, indicating a need for method diversification. There's a clear preference for a shared responsibility model over government-only funding, especially in regions with large grassland areas. This highlights the necessity for adaptable laws and a legal framework that accommodates diverse stakeholder needs. Additionally, the importance of clear property rights is emphasized for sustainable land use. The study suggests legislative reform towards a more equitable and effective approach to grassland conservation, providing valuable recommendations for refining and advancing the ecological compensation system.Author name 1 (Ziqi Liu) mismatch between ms and metadata. We have foolowed metadata. Kindly check and confirm.The metadata is right. Thank you. [ABSTRACT FROM AUTHOR]

Surrogacy has grown significantly as an underground industry in China over the last two decades. Accordingly, an increasing number of surrogate mothers are being bound by surrogacy contracts. As surrogacy contracts are unregulated in China, the contractual obligations of surrogacy may cause serious harm to surrogate mothers due to the infringement of their rights and increased risk of injury. Sociocultural concerns and financial considerations have made surrogate mothers hesitant to seek legal remedies. Additionally, gaps in the legislative and judicial rules make it difficult for surrogate mothers to receive sufficient compensation after suffering injuries. This study examines the infringement of the rights of surrogate mothers and potential injuries to them during surrogacy transactions and contract fulfillment. Furthermore, it presents the current legal framework of surrogacy regulation and remedies for preserving the rights of surrogate mothers. The causes of the current dilemma of protecting rights are analyzed, and regulative and legislative suggestions for preventing injury and providing legal remedies are offered. [ABSTRACT FROM AUTHOR]

In traditional China's complicated social system, the interaction between custom and ritual laid the foundation for a national political framework and local societal functions, and has continued to play a role in modern Chinese nation-building since the May Fourth Movement. The essence of this interaction is that it draws together national politics with non-governmental micropolitics; by engaging widespread support from across society, it ensures that society's internal mechanisms function smoothly through a shared cultural identity, thereby eliminating real or potential social crises. Today, in a time of rapid globalization, all nations are faced with issues such as international regulations, national legal rights, and civil governance. Chinese traditional political wisdom and social mechanisms embedded in the interaction between custom and ritual may be useful. [ABSTRACT FROM AUTHOR]

The realty (real estate) management of ownership of buildings includes the owner (homeowner) entrust-management and the owner self-management, the former through the way of realty service contracts, the latter through the resolution of the owners' assembly and the owners' committee. The legal disputes of realty service contracts involve balancing interests among the realty service enterprise, individual owner, and all the owners. We should use dynamic balancing of the interests of the three parties to implement the interests of the win-win cooperation rather than the interests of the trade-off of "all or nothing." The realty service contract is similar to the entrustment contract, both of which are based on the owners' entrustment. The duty to provide realty service is not simply equivalent to fiduciary duty. The realty service contract has the essence of both behavior debt and result debt. For the former, the general provisions of the entrustment contract can be referred to, and for the latter, the general provisions of the contract for work can be referred to. In view of the group characteristics of the realty service contract, owners have no right to terminate the realty service contract at any time but should obey the principle of due process and take the majority mechanism to make a dismissal resolution resolution. The resolutions and management stipulations worked out by the owners' assembly in a majority mechanism, both of which belong to resolution behavior and are legal tools of the owners' autonomy, shall be binding on all the owners. The relationship between the owner, the owner's assembly, and the owner's committee is similar to the fiduciary relationship. If the decision made by the owners' assembly or the owners' committee and the management stipulation infringes upon the legal rights and interests of the owners, the injured owner has the right to revocation litigation. At present, residential commodity owners have a relatively low degree of autonomy in China, and legal disputes over realty services are frequent. In the future, we need to perfect the legal incentive and constraint measures, and stimulate the vitality of owner autonomy to promote better implementation of the owner self-management and owner entrust-management. [ABSTRACT FROM AUTHOR]

The article offers information about the limitations of the concept of human rights. It highlights that human rights, despite their seemingly universal and individualistic nature, have inherent flaws that render them ineffective in practice. It outlines China's treatment of the Uyghurs illustrates the shortcomings of traditional human rights approaches.

The previous studies mainly focus on how property rights affect firm's physical investment. Although the scale of labor investment is larger than physical investment, little is known about how property rights affect firm's labor investment decision. In this paper, we exploit a property law enactment as an exogenous shock and use a difference-in-differences methodology with all the Chinese A-share firms from 2004 to 2010. We find that strong property rights enhance firm's labor investment efficiency and the efficiency improvement derives from less underinvestment in labor. The effect of property rights on labor investment efficiency is more pronounced when firms face more government intervention and firms rely more on external finance before the enactment of property law. The results suggest that legal rights protection channel and financing convenience channel are potential mechanisms through which property rights influence labor investment efficiency. Overall, our results indicate that property rights play an important role in encouraging firms to invest in intangible assets and reshaping firm's investment patterns. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Northeastern University (Social Science) / Dongbei Daxue Xuebao (Shehui Kexue Ban) is the property of Dongbei Daxue and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Construction projects will encounter various accidents during the construction process, resulting in disputes over construction delays and cost losses. In recent years, construction claims have received increasing attention from the constructing industry in China. However, the weak sense of claims and the low level of claims management are still common phenomena in Chinese construction enterprises. This shows that the claims management of Chinese law is still not perfect, so this paper will refer to the four internationally mature construction contracts to find the one that is most suitable for China's national conditions. This paper uses Multi-attribute Decision Making and Additive Weighting Technique to rank the four claim terms, and concludes that the FIDIC contract is the best standard for dealing with claims in the construction industry. Its contract clause can reasonably and fairly discriminate the responsibility of the parties and protect their legal right to a large extent. [ABSTRACT FROM AUTHOR]

Patents are a means of protecting inventions developed by firms, institutions or individuals, and they may be interpreted as indicators of invention. Patents indicators convey information on the processes of inventive activities. Therefore, patent statistics will assess science and technology (S&T) activities. Besides, additive manufacturing (AM) has become a revolutionary technology that is changing medical science. For this reason, the patent statistics will allow us to monitor what is the state of the inventive activity of AM in medical applications. The database used in order to retrieve patent information is Patseer and the data have been analyzed through the analytics package called Quick Stats. From the data obtained, it can be concluded that, additive manufacturing in medical applications is an emerging technology with huge market potential. Undoubtedly, the core of invention is located in United States, followed by Germany, United Kingdom and China somewhat behind. Firms are the main holders of legal rights, and the firm's market value and the knowledge diffusion of technology are ensured by the technological diversity and the number of forward citations presented by patents. [ABSTRACT FROM AUTHOR]

In refuting Guy Standing’s precariat as a class, we highlight that employment situation, worker identity and legal rights are mistakenly taken as theoretical components of class formation. Returning to theories of class we use Dahrendorf’s reading of Marx where three components of classes, the objective, the subjective and political struggle, are used to define the current formation of the working class in China. Class is not defined by status, identity or legal rights, but location in the sphere of production embedded within conflictual capital–labour relations. By engaging with the heated debates on the rise of a new working class in China, we argue that the blending of employment situation and rights in the West with the idea of precarity of migrant workers in China is misleading. Deconstructing the relationship between class and precarity, what we see as an unhappy coupling, is central to the article. [ABSTRACT FROM AUTHOR]

Copyright of Social Sciences in China is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

'Illegal rights' is an oxymoron in English and other European languages. While people in China are still struggling with the concept of rights both legally and linguistically, a new term feifa quanyi (illegal rights and interests) has appeared in recent times and is used increasingly in court judgments and litigation in China. What could the term feifa quanyi mean? Are there illegal or unlawful rights under Chinese law? This article focuses on the new legal term of feifa quanyi and attempts to ascertain its meaning. It first considers the semantic meanings of the term, followed by an examination of a number of court cases from China and Macau where the term was used. Finally, some general observations about this novel usage are offered with a comparative reference to the law on illegality in Western law. [ABSTRACT FROM AUTHOR]

In the traditional order of the “rule of rites,” social status and relationships always held priority positions, which apparently went against the realization of social justice; Legalists thought highly of objectivity and avoided subjective randomness, and were more reasonable in this regard. However, following the integration of rites and law in the Han Dynasty, the technical aspect of Legalism emphasizing control of society and of the populace was strengthened, and in the meanwhile, their “true spirit” became concealed before long. The main signs of this are follows: (1) In the order of the “rule of rites,” the objectivity of law was gradually devoured by the subjectivity of human beings, thus the tradition where “human relationships replace law” came into being; (2) The law, which had shown the spirit of equality to a certain extent in the guise of Legalism, now degraded into a tool to maintain a hierarchy; (3) Rights were separated from duties, that is, some people enjoyed “rights without duties” as much as they wanted, while the rest were forced to carry out “duties without rights.” As history has warned us, in ruling a country, one cannot stake even the least bit of fortune upon human nature, and there can be only one bottom line and criterion, that is, common strict observance of and respect to “rules.” That should be the great value of the lesson that the pre-Qin Legalism has left for future generations. [ABSTRACT FROM AUTHOR]

The article discusses the concept of prior rights under China's Trademark Law which went into effect on May 1, 2014, and it mentions trademark filings and registrations in China and revisions to the nation's Trademark Law Implementing Regulations and the Rules for Trademark Review and Adjudication.

The article discusses several developments involving Chinese anti-monopoly law in the wake of an intellectual property-related litigation matter between the Huawei Technologies Co. Ltd. and InterDigital Group firms in China. The legal rights of licensees are addressed, along with American legal cases and negotiation failures are mentioned, along with legal cases dealing with patent laws and wireless communications in China. Dominant market positioning is also examined.

This article compares social assistance policies in China and Sweden, with a special focus on the means of translating policy intentions into local practices. Unlike China, Sweden has laws regulating social assistance, which is intended to ensure a ‘reasonable standard of living’. Though considered a legal right, assistance is Sweden is means-tested. While social assistance claims are dealt with by the welfare bureaucracy in Sweden, in China the process of application involves the input of cadres, administrative officials from different levels of government, and neighbours. The challenges facing Sweden are to find ways to cope with long-term social assistance and to help recipients find work. The challenges facing China are to establish a social assistance law and standardized management procedures, and to incorporate the resources of social work. [ABSTRACT FROM PUBLISHER]

This article investigates an overlooked aspect of Chinese legal modernity: how legal change influenced changes in individual consciousness. The article traces in particular the emergence of rights thinking in divorce cases from the 1930s and 1940s by examining the process in which grievances about domestic abuse were transformed from mostly informal and inchoate disappointments into formal, legally actionable complaints under the provisions of the Republican Civil Code of 1929–1930. Case records suggest that popular perceptions about the degree of cruelty that was “tolerable” in marriage were shifting as abuse came to be viewed less as a matter of fortune or fate and more of law and justice. The deployment of legal rights by wives seeking to divorce on the basis of intolerable cruelty, however, met with limited success. Judicial decisions mostly affirmed the preservation of marriage, consolidating a modern form of conjugal patriarchy. [ABSTRACT FROM AUTHOR]

In order to protect intangible cultural heritage (ICH), China enacted the Intangible Cultural Heritage Law of the People's Republic of China on 25th February 2011. This law is the first one that comprehensively covers various sectors of rules related to ICH and it emphasizes an important role of 'protection'. However, although this law is regarded as a landmark for the protection of ICH, most contents of this law mainly refer to public law whereas little content refers to private law. As this law has a strong taste of administration law, it is no helpful for resolving the issues in the protection of private legal rights. [ABSTRACT FROM AUTHOR]

The article focuses on a report which analyses judges' discourse information processing to explain the reconstruction of prosecution–defence–judge (PDJ) relationship in China. The research concluded that judges' appropriate footing shifts and their use of reframing are effective in reconstructing an appropriate PDJ relationship for the maintenance of judicial justice. It recommends to protect defendants' legitimate rights and interests by maintaining judicial justice.

The article discusses the defects of current legislations of derivative actions under company laws in China. It focuses on the factors of ownership structure which contributes to the defects, and suggests a solution for defects which includes modification in the funding rule of the derivative actions in order to protect legal rights and interests of minority shareholders. It reflects that funding rule of the U.S. is more favorable for China as it provides better contingency fees arrangement.

The Bank of China led China's modern-style banks during the Republican era, supporting the Chinese state through war and peace and financing China's industrialization in the first half of the twentieth century. This article explores the founding of this institution in 1912 in the context of building the modern Chinese nation state following the 1911 Revolution. It argues that the events that made possible the Bank of China's founding illustrate the contingent nature of state building. Furthermore, emphasis is on the critical relationship between finance and political legitimacy in state building. The article also shows how the creation of an institution such as the Bank of China, which was originally intended to be the new Republic's central bank, gave the fledgling state the opportunity to support the transfer of legal rights in regime change. [ABSTRACT FROM AUTHOR]

This article investigates the 'rule of law' as a sociocultural concept that has concrete effects on the lives of newly arrived Chinese mainland immigrants in postcolonial Hong Kong. I investigate a seeming paradox: how in Hong Kong the 'rule of law'-seen as a key symbol of freedom-acted as a vehicle of oppression, and not just belonging, for recently arrived immigrants from mainland China. Through this discussion of how 'law' served as a vehicle for immigrants' both belonging to and contestation of the state, I also show how immigrants began to question the basic assumptions of freedom and fairness believed to be inherent to the practice of the rule of law in Hong Kong-as they grappled with novel understandings of the law and new possibilities of exercising rights-based claims. [ABSTRACT FROM AUTHOR]

This article is concerned with the Chinese immigrants who migrated from the Guangdong province of China around the middle of the nineteenth century to the state of California. I have elaborated upon the contribution which the Chinese had made to this frontier region at a time when its population was not even half a million, of how these men performed labour in fields where the white worker refused to work, created conditions for the establishment of several of California’s nascent industries, and provided cheap, steady and sober labour to their white employers. This was the period when intense racism was the norm rather than an exception, and Asians were considered an inferior species, incapable and unworthy of enjoying any civil or political rights. [ABSTRACT FROM PUBLISHER]

Migrant workers have become a major component of China's labour force in the manufacturing sector, and therefore an important force in the country's economic modernization. Yet, for a long time, migrant workers were perceived as peasants by the Chinese authorities, and were excluded from the scope of the state's labour policy. In the new century, the government has begun to consider them as an important part of the manufacturing labour force, and attempt to protect their rights through adjustments in its labour policy. However, in many aspects, migrant workers are still considered 'pseudo labourers'. This article attempts to examine the issue of migrant workers within the framework of the state's labour policy. The socio-economic problems associated with migrant workers will not be resolved until they are treated as a proper part of the labour force, and granted the same legal and policy protection as urban workers. [ABSTRACT FROM AUTHOR]

The article discusses the administrative measures for companies that manage futures passed by the 203d Chairman's Meeting of the China Securities Regulatory Commission (CSRC) on March 28, 2007, which are effective on April 15, 2007. It says that the measures were made in accordance with laws such as Company Law and Administrative Regulations for Futures Trading. The measures aim to standardize the activities of futures companies founded within China and protect the legal rights of clients.

The article presents provisions on futures trading in China. The article 1 states that the regulation aims to control the futures market and provide protection for legal rights and interests of individuals or groups involved in futures transactions. According to the article 15, futures firms are required to be registered to the corporate registration authorities with the support by the state council futures supervision. Article 99 notes the commodities or finance not covered by futures deals.

The Chinese regional national autonomy (RNA) is stated as an institutional arrangement for safeguarding the specific rights of certain minority nationalities living concentrated in their inhabited areas. The combination of 'regional autonomy' and 'national autonomy', which is claimed to be the significant feature of this institution, has not yet been discussed in terms of the institutional design and legal techniques used. Taking a group rights perspective on the institutional arrangement of RNA, the paper explores the legal difficulties inherent in the combination of the two kinds of autonomy as suggested by the terms 'regional' 'national' 'autonomy'. This research exposes the conditions and limits of the existing legal mechanism under RNA and shows that the alleged right combination of two kinds of autonomy is difficult to logically expound from a group rights perspective. It discloses the problems of institutional design in addition to the faulty implementation of the Law on the Regional National Autonomy as the reason for the malfunction of RNA to achieve its stated purpose. [ABSTRACT FROM AUTHOR]

Based on the movie "The Story of Qiu Ju", this article explores the function of civil mediation in China. Having examined China's judicial tradition that attaches much importance on mediation, it then focuses on discussing the role of civil mediation in the modernization of judicial system in China. The author argues that, except suit, civil mediation is another option to realize justice. Mediation can not only maintain the legal rights of the parties concerned, but also help to recover the relations between them. [ABSTRACT FROM AUTHOR]

The article focuses on the status of the human rights in Tibet, China. Accordingly, it discusses various violations and abuses of human rights in Tibet and the possible impact to the country's human rights if the Universal Declaration of Human Rights was approved by the United Nations General Assembly in 1948. It also provides some suggestions that would improve the human rights in Tibet.

The Convention on the Rights of Persons with Disabilities conceptualizes disability as a human rights issue and requires state parties to provide an inclusive education to all children with disabilities. However, China and India, the two most populous signatory countries, do not currently provide inclusive education-described by the Convention as nondiscriminatory access to general education, reasonable accommodation of disability, and individualized supports designed to fulfill the potential of individual children with disabilities. Though both India and China have laws that encourage the education of children with disabilities, neither country's laws mandate inclusive education and neither country currently provides universal education to children with disabilities. Furthermore, both countries lack the funding and teaching force to enforce existing laws or provide inclusive education. Assuming that India and China intend to comply with the Convention, the United Nations must use the Convention to persuade China and India to also change domestic laws and facilitate the involvement of non-governmental organizations that can help increase and effectively use fiscal and human resources necessary to provide inclusive education to all students with disabilities. [ABSTRACT FROM AUTHOR]

This article critically examines the development of legal consciousness among legal aid plaintiffs in Shanghai. It is based on 16 months of research at a large legal aid center and in-depth interviews with 50 plaintiffs. Chinese legal aid plaintiffs come to the legal process with high expectations about the possibility of protecting their rights; however, they also have only a vague and imprecise knowledge of legal procedure and their actual codified rights. Through this process of legal mobilization, plaintiffs' legal consciousness changes in two separate dimensions: changes in one's feelings of efficacy and competency vis-à-vis the law, and changes in one's perception/evaluation of the legal system. Put another way, the first dimension is “How well can I work the law?” and the second is “How well does the law work?” In this study I observe positive changes in feelings of individual efficacy and competency that are combined with more negative evaluations/perceptions of the legal system in terms of its fairness and effectiveness. The positive feelings of efficacy and voice provided by the legal process encourage labor dispute plaintiffs in the post-dispute period to plan new lawsuits and to help friends and relatives with their legal problems. Disenchantment with the promises of the legal system does not lead to despondency, but to more critical, informed action. This study provides new evidence on the nature of China's developing legal system with a focus on the social response to the state-led “rule of law” project. [ABSTRACT FROM AUTHOR]

The article focuses on different rights related to education as well as the responsibility of judges to identify and understand the existing law, based on the regulations in China. It provides information regarding the legal status of schools in referring to its management activities such as, dealing with students' records and status, in accordance with the law. It stresses that education should be protected and supervised by a judicial remedy system under the Educational Law. Accordingly, students have the right for an administrative litigation. The article suggests that judges must not act to protect the existing law but they must see to it that the rights of the complaint were given value. Hence, judges should provide legal and reasonable decision towards the issue.

This article analyses the dramatic contrast in outcomes from the reform process in China and Russia. This experience sheds new light on the old debate about the relationship between political institutions, economic progress and human rights. It explores the arguments of principle involved in the debate about democratization in the communist countries. It examines the political setting within which the economic reforms were enacted in China and Russia. It argues that political choices made by the respective leaders were important factors determining the respective economic outcomes. It argues that in large reforming communist countries democratization of politics may damage economic performance and hence, have a deleterious effect upon a range of human rights other than the right to vote in elections. In such countries the link between political democratization and human welfare seems to have been inverse. This is an extremely important and largely unexpected result which goes strongly against the grain of a large body of Western social science thinking in the recent past. [ABSTRACT FROM AUTHOR]

The article examines the Peoples Republic of China's exception to human rights accountability by the international human rights advocates despite the country's public admissions on its human rights practices and the atrocities of its cultural revolution. It relates that one reason of the country's exemption from the concerns of the international human rights community is the insufficient information and issuing statements on the issue. The Chinese government did not publish facts on human rights conditions, and the citizens provided scant information to visitors from abroad. Moreover, the end of the democracy movement of the country in 1980 also meant a tightening and restrictions by the government on any information that concern human rights conditions.