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Book
xviii, 214 pages ; 25 cm.
  • Foreword
  • Introduction
  • Shareholder wealth maximisation revisited
  • Shareholder power and shareholder empowerment
  • Shareholder rights and corporate objectives in China : past and present
  • Towards stakeholder model
  • A more suitable corporate objective in China
  • Conclusion.
Corporate objective, namely, for whose interests should a company be run, is the most important theoretical and practical issues confronting us today, as the core objective animate or should animate every decision a company makes. Despite decades of debate, there is no consensus regarding what the corporate objective is or ought to be. However, clarity on this issue is necessary in order to explain and guide corporate behaviour, as different objectives could lead to different analyses and solutions to the same corporate governance problem. In addition to the study on the corporate objective in the Anglo-American jurisdictions, the discussion of this topic in the context of China is also very important on the ground that China has become the second largest economy in the world and is playing an increasingly significant role in global affairs. Though a socialist state, China also heavily relies on the corporate vehicle as the most important business organisation to ensure its rapid economic development since its market reforms in 1978. Adolf Berle and Gardiner Means's observation eight decades ago that large public companies dominate the world remains true today, not only in the West but also in China. The regulation and governance of such companies will have a material impact on the further development of the Chinese economy, which could in turn directly affect the world economy. Company law and corporate governance therefore receive much attention and have become a vital issue in China. Although the current focus is primarily on corporate performance, the fundamental question at the heart of corporate governance, namely the corporate objective, is still unresolved. Contrary to the widely held belief that the corporate objective should be maximising shareholder wealth, this book seeks to demonstrate that the shareholder wealth maximisation approach is both descriptively and normatively unsuitable. As an antithesis to it, stakeholder theory generally develops to be a more suitable substituent. Justifications and responses to its main criticisms are offered from descriptive, normative and instrumental aspects, whilst new techniques of balancing competing interests and more workable guidance for directors' behaviour are brought forward as essential modifications. Along with the unique characteristics of socialist states, the stakeholder model is expected to find solid ground in China and guide the future development of corporate governance. This book will be important and useful to researches and students of corporate law, corporate governance, business and management studies.
(source: Nielsen Book Data)9781138288867 20171204
Law Library (Crown)
Book
xvii, 284 pages : illustrations ; 24 cm.
  • Introduction
  • The rise of a nationwide contentious public sphere
  • The Chinese state's turn to law and rights
  • Critical news reporting and legal-media collaborative networks
  • Extending liberalization from the press to the Internet
  • An emerging online public
  • The Chinese state strikes back
  • Conclusion.
Since the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen? In The Contentious Public Sphere, Ya-Wen Lei shows how the Chinese state drew on law, the media, and the Internet to further an authoritarian project of modernization, but in so doing, inadvertently created a nationwide public sphere in China--one the state must now endeavor to control. Lei examines the influence this unruly sphere has had on Chinese politics and the ways that the state has responded. Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to influence the public agenda, demand accountability from the government, and organize around the concepts of law and rights. She demonstrates how citizens came to understand themselves as legal subjects, how legal and media professionals began to collaborate in unexpected ways, and how existing conditions of political and economic fragmentation created unintended opportunities for political critique, particularly with the rise of the Internet. The emergence of this public sphere--and its uncertain future--is a pressing issue with important implications for the political prospects of the Chinese people. Investigating how individuals learn to use public discourse to influence politics, The Contentious Public Sphere offers new possibilities for thinking about the transformation of state-society relations.
(source: Nielsen Book Data)9780691166865 20171204
Law Library (Crown)
Book
xviii, 252 pages : illustrations ; 23 cm
  • 1. Authoritarian legality at work: workplace reform and China's urbanization-- 2. A theory of authoritarian legality-- 3. Fire alarms and fire fighters: institutional reforms legal mobilization at the Chinese workplace-- 4. By the book: legal mobilization as an educative process-- 5. Great expectations: the disparate effects of legal mobilization-- 6. The limits of authoritarian legality-- 7. Epilogue: requiem for the labor contract law?
  • (source: Nielsen Book Data)9781107444485 20171023
Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.
(source: Nielsen Book Data)9781107444485 20171023
Green Library
Book
xviii, 252 pages : illustrations ; 24 cm
  • Authoritarian legality at work : the workplace and China's urbanization
  • A theory of authoritarian legality
  • Fire alarms and fire fighters : institutional reforms and legal mobilization at the Chinese workplace
  • By the book : learning and the law
  • Great expectations : the disparate effects of legal mobilization
  • The limits of authoritarian legality
  • Requiem for the labor contract law?
"Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence"-- Provided by publisher.
"Authoritarian Legality at Work: The Workplace and China's Urbanization 500 million people have already left their rural hometowns for Chinese cities; when they do so they are looking for work. How work is structured has implications far beyond the Chinese workplace; workplace institutions directly influence the pace and nature of China's urbanization. This book is about the Chinese state's project to develop legal institutions to manage workplace relations. My motivation in writing about these topics and studying them for many years is the connection that the specialized institutions that regulate and manage China's labor markets have to the larger challenges of China's dual transition: from socialism to capitalism and from agriculture to industry. Labor institutions, as vehicles to structure labor markets and the workplace, are inseparable from these two transitions and the massive and unprecedentedly rapid urbanization that has accompanied them"-- Provided by publisher.
Law Library (Crown)
Book
xi, 353 pages : illustrations ; 24 cm
  • Introduction: debating the consensuses Weitseng Chen-- Part I. Deconstructing the Beijing Consensus: 1. Dialogus de Beijing Michael W. Dowdle and Mariana Mota Prado-- 2. Imagining China: Brazil, labor and the limits of an anti-model Jedidiah Kroncke-- 3. The Beijing consensus and possible lessons from the 'Singapore Model'? Tan Cheng-Han-- Part II. Examining the Beijing Consensus in Context: 4. The legal maladies of 'federalism, Chinese-style' Wei Cui-- 5. Lessons from Chinese growth: re-thinking the role of property rights in development Frank K. Upham-- 6. Size matters? Renminbi internationalization and the Beijing consensus Weitseng Chen-- 7. A Chinese model for tax reforms in developing countries? Ji Li-- 8. The Chinese model for securities law Yingmao Tang-- Part III. Revisiting the Beijing Consensus: 9. Authoritarian justice in China: is there a 'Chinese Model'? Benjamin L. Liebman-- 10. China's striking anti-corruption adventure: a political journey towards the rule of law? Hualing Fu-- 11. Chinese corporate capitalism in comparative context Curtis J. Milhaupt.
  • (source: Nielsen Book Data)9781107138438 20170710
Is there a distinctive Chinese model for law and economic development? In The Beijing Consensus scholars turn their collective attention to answer this basic but seemingly under-explored question as China rises higher in its global standing. Advancing debates on alternative development programs, with a particular focus on social and political contexts, this book demonstrates that essentially, no model exists. Engaging in comparative studies, the contributors create a new set of benchmarks to evaluate the conventional wisdom that the Beijing Consensus challenges and that of the Beijing Consensus itself. Has China demonstrated that the best model is in fact no model at all? Overall, this title equips the reader with an understanding of the conclusions derived from China's experience in its legal and economic development in recent decades.
(source: Nielsen Book Data)9781107138438 20170710
Green Library
Book
xxxviii, 506 pages ; 24 cm
  • History of chinese contract law / Chen Lei & Larry A. Dimatteo
  • General principles under the CCL / Han Shiyuan
  • General principles of Chinese contract law : an English common law perspective / Christian Twigg-Flesner
  • Good faith in contract performance in Chinese and common laws / Ewan McKendrick & Qaio Liu
  • General principles of Chinese contract law : a Scottish perspective / Martin Hogg
  • Liability prior to contract formation in Chinese contract law / Shen Wei
  • Pre-contractual liability from a civil lawyer's perspective / Barbara Passa
  • Pre-contractual liability through the looking glass of the common law / Alexander Loke
  • Prospect of validity in Chinese contract law / Wang Yi
  • Invalidity of contract in Chinese and English contract law / Mindy Chen-Wishart
  • Impossibility of performance and contract validity : a German law perspective / Lutz-Christian Wolff
  • Perspectives on Chinese contract law : performance and breach / Ding Chunyan
  • Anticipating breach, change of circumstances, and third party rights : a civil law perspective / Ulrich Schroeter
  • Chinese law of performance and breach : a common law perspective / James Devenney & Geraint Howells
  • Damages and specific performance in Chinese contract law / Chen Lei
  • Chinese contract law on remedies and damages : a civil law perspective / Michel Cannarsa
  • Debt instead of damages in the common law / Michael Bridge
  • CCL and and unidroit principles / Andre Janssen & Samuel C.K. Chau
  • CCL and CISG : a comparative analysis of formation, performance, and breach / Larry Dimatteo & Jingen Wang.
Law Library (Crown)
Book
lxi, 840 pages ; 26 cm.
  • Introduction to insurance and China's insurance industry
  • The Chinese legal system and the insurance law
  • The regulation of insurance
  • Formation of an insurance contract
  • Terms of insurance contracts and construction
  • Premiums
  • Insurable interest
  • The insured's duty of disclosure and representation
  • The insurer's pre-contractual duty of good faith
  • Increase of risk during the isnurance period
  • Double insurance and contribution
  • Causation
  • Risk prevention and loss mitigation
  • The making of a claim
  • Settlement of claims
  • Fraudulent claims
  • Subrogation
  • Modification and rescission of insurance contracts
  • Life and accident insurance
  • Liability insurance
  • Motor vehicle insurance
  • Reinsurance
  • Marine insurance.
Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and - significantly - in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.
(source: Nielsen Book Data)9780415743280 20170327
Law Library (Crown)
Book
xi, 178 pages ; 24 cm.
  • Sources of law on corporate governance
  • Companies under Chinese law
  • Incorporation and articles of association
  • Shareholders and board of shareholders
  • Legal representative
  • Directors and board of directors
  • Supervisors and board of supervisors
  • General manager
  • Corporate governance deadlock
  • Annual compliance : annual reports and approval of financial statements
  • Company seals
  • Particular nuances of corporate governance : state-owned companies and family-owned companies
  • Company law and the People's Republic of China (revised in 2013).
This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.
(source: Nielsen Book Data)9789811039102 20170717
Law Library (Crown)
Book
ix, 251 pages ; 24 cm
  • Machine generated contents note: 1. Chinese courts as embedded institutions; 2. The daily rounds of frontline judges; 3. Cohorts of judges; 4. Administrative embeddedness
  • the vertical hierarchy of control; 5. Political embeddedness
  • courts as a stability maintenance agency; 6. Social embeddedness
  • ties from within and from without; 7. Economic embeddedness
  • the political economy of court finances; 8. Conclusion; 9. Methodological appendix.
  • 1. Chinese courts as embedded institutions
  • 2. The daily rounds of frontline judges
  • 3. Cohorts of judges
  • 4. Administrative embeddedness : the vertical hierarchy of control
  • 5. Political embeddedness: courts as a stability maintenance agency
  • 6. Social embeddedness: ties from within and from without
  • 7. Economic embeddedness: the political economy of court finances
  • 8. Conclusion.
"Judicial decision-making in China is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance"-- Provided by publisher.
"Ever since the opening up of China's economy in the 1980s, both domestic and foreign attention to China's judiciary has increased in tandem with the country's growing international presence. This is so even though Westerners generally view its socialist legal development with skepticism. Major news outlets such as The New York Times and The Economist now commonly report the major trials of China, from the televised trial of former Chongqing party chief Bo Xilai, to multi-billion dollar civil trials targeting transnational Fortune 500 giants like Apple and Qualcomm"-- Provided by publisher.
Law Library (Crown)
Book
1 online resource (xxv, 526 pages) : digital, PDF file(s).
  • Part I. Theoretical Framework: 1. The financial crisis: why have no high-level executives been prosecuted? Jed S. Rakoff-- 2. Private enforcement in the United States and in Europe: a comparatist's ruminations and potential lessons for Asia Mathias Reimann-- 3. Disclosure regulation and the rise of capital markets: nineteenth-century Britain and Germany compared Carsten Gerner-Beuerle-- 4. Mandatory arbitration in consumer finance and investor contracts Michael S. Barr-- 5. The bonding effect in cross-listed Chinese companies: is it real? Donald Clarke-- Part II. China (Mainland): 6. Improving the civil liability system for false and misleading disclosure in the Chinese securities markets Liming Wang-- 7. A question of class action in China Xianchu Zhang-- 8. Private enforcement of securities law in China: past, present and future Robin Hui Huang-- 9. Improving investor-friendly legal environment in Chinese capital markets Junhai Liu-- 10. Enforcing fiduciary duties as tort liability in Chinese courts Jiangyu Wang-- 11. China's free trade zone and latest development of the resolution mechanism for financial disputes: a perspective from the innovation of Qianhai international arbitration Xiaochun Liu-- Part III. Common Law Jurisdictions: 12. Curbing managerial agency costs: private litigation and its substitutes in the US James D. Cox and Randall S. Thomas-- 13. Private enforcement of corporate law: an empirical comparison of the UK and US John Armour, Bernard Black, Brian Cheffins and Richard Nolan-- 14. Securities law enforcement and the rule of law Jeffrey G. MacIntosh-- 15. Securities regulation in Australia - the role of the class action Michael Legg-- 16. Enforcement of corporate and securities laws in India: the arrival of the class action? Vikramaditya Khanna-- 17. Enforcement of Hong Kong's securities law - the underpinning philosophy Alexa Lam-- Part IV. Civil Law Jurisdictions: 18. Enforcement of company and securities laws in Germany: an exercise in diversity Rainer Kulms-- 19. Liability for misstatements to the market: the post-Parmalat years Guido Ferrarini and Paolo Giudici-- 20. Growing securities litigation against issuers in Japan: its background and reality Gen Goto-- 21. Private enforcement of company law and securities regulation in Korea Hwa-Jin Kim-- 22. The IPC model for securities law enforcement in Taiwan Wen-yeu Wang-- 23. Building enforcement capacity for Brazilian corporate and securities law John Armour and Caroline Schmidt.
  • (source: Nielsen Book Data)9781107164994 20171030
This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.
(source: Nielsen Book Data)9781107164994 20171030
Book
xxv, 526 pages ; 24 cm
  • The financial crisis : why have no high-level executives been prosecuted? / Jed S. Rakoff
  • Private enforcement in the United States and in Europe : a comparatist's ruminations and potential lessons for Asia / Mathias Reimann
  • Disclosure regulation and the rise of capital markets : nineteenth-century Britain and Germany compared / Carsten Gerner-Beuerle
  • Mandatory arbitration in consumer finance and investor contracts / Michael S. Barr
  • The bonding effect in cross-listed Chinese companies : is it real? / Donald Clarke
  • Improving the civil liability system for false and misleading disclosure in the Chinese securities markets / Liming Wang
  • A question of class action in China / Xianchu Zhang
  • Private enforcement of securities law in China : past, present and future / Robin Hui Huang
  • Improving investor-friendly legal environment in Chinese capital markets / Junhai Liu
  • Enforcing fiduciary duties as tort liability in Chinese courts / Jiangyu Wang
  • China's free trade zone and latest development of the resolution mechanism for financial disputes : a perspective from the innovation of Qianhai international arbitration / Xiaochun Liu
  • Curbing managerial agency costs : private litigation and its substitutes in the US / James D. Cox and Randall S. Thomas
  • Private enforcement of corporate law : an empirical comparison of the UK and US / John Armour, Bernard S. Black, Brian R. Cheffins and Richard Nolan
  • Securities law enforcement and the rule of law / Jeffrey G. MacIntosh
  • Securities regulation in Australia : the role of the class action / Michael Legg
  • Enforcement of corporate and securities laws in India : the arrival of the class action? / Vikramaditya Khanna
  • Enforcement of Hong Kong's securities law : the underpinning philosophy / Alexa Lam
  • Enforcement of company and securities laws in Germany : an exercise in diversity / Rainer Kulms
  • Liability for misstatements to the market : the post-Parmalat years / Guido Ferrarini and Paolo Giudici
  • Growing securities litigation against issuers in Japan : its background and reality / Gen Goto
  • Private enforcement of company law and securities regulation in Korea / Hwa-Jin Kim
  • The IPC model for securities law enforcement in Taiwan / Wen-yeu Wang
  • Building enforcement capacity for Brazilian corporate and securities law / John Armour and Caroline Schmidt.
This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.
(source: Nielsen Book Data)9781107164994 20171218
Law Library (Crown)
Book
xxxviii, 429 pages ; 25 cm
  • Introduction to arbitration in Hong Kong
  • The legal arbitration framework
  • Introduction to HKIAC
  • Model arbitration clauses
  • General provisions of the HKIAC rules (Articles 1-3)
  • Commencement of the arbitration (Articles 4 and 5, Schedule 1)
  • Arbitral tribunal (Articles 6-12, Schedules 2 and 3)
  • Emergency relief and interim measures of protection (Articles 23 and 24, Schedule 4)
  • Conduct of the arbitration (Articles 13-22, 25-26, 30-31)
  • Complex arbitrations (Articles 27-29)
  • Awards, decisions, and orders of the arbitral tribunal (Articles 32-40)
  • Miscellaneous provisions (Articles 41-43).
This is the first detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules, providing practitioners with an insider's perspective on how the HKIAC Secretariat administers arbitrations under these rules. The Hong Kong International Arbitration Centre is one of the world's most sophisticated arbitration institutions, with a continuously growing annual caseload. This practical guide makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize the key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. As well as offering an insider's perspective, it provides examples of anonymous cases handled at the HKIAC and a discussion of various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. The book not only draws from the authors' many years of experience administering arbitrations under the HKIAC Administered Arbitration Rules (2008) but highlights the various changes made in the revised Rules that came into effect in November 2013 benefitting from the authors' privileged access. The book begins with an introduction to the HKIAC, including a history with statistics and details of other services, provided by the HKIAC itself. The commentary then goes on to examine each article in depth. Relevant supporting documents are appended, including Recommended HKIAC Arbitration Clauses; the HKIAC Administered Arbitration Rules (2013); the UNCITRAL Arbitration Rules 2010; and the Hong Kong Arbitration Ordinance. No aspect of HKIAC arbitration is left unexamined, and the guide stands alone as a comprehensive exposition of HKIAC arbitration.
(source: Nielsen Book Data)9780198712251 20170515
Law Library (Crown)
Book
11 volumes : facsimiles ; 38 cm.
"徽州合同文书汇编",11册,八开影印,广西师范大学出版社5月出版.该书收入合同文书1234份,按形制及内容,分为'分单''阄书''合同'三部分:'分单'收录顺治十八年至1955年共141份文书,共141幅图;'阄书'收录康熙三十二年至1954年456份文书,共5449幅图;'合同'收录万历三十九年至1967年共637份文书,共638幅图.'分单'及'合同'为单页,内容涉及较广,如分业合同,共业合同,会书合同,换产合同,墙界合同,纠纷调处合同,齐心诉讼合同,生图合同,多姓族的禁约合同等等,基本涵盖徽州合同的基本类型;而'阄书'则全为簿册,基本是分家文书.由于这些合同文书是散见的,难以归ʹ,所以各部分皆以时间先后编排.文书题名据实拟定,包含时代年月,事主,事由,原件尺寸等.读者据目录检索,颇为方便.
East Asia Library
Book
xii, 244 pages ; 26 cm
  • Introduction
  • The process of international patent rights harmonisation
  • Assessing the progress of international patent rights harmonisation
  • The judicial system in China
  • Intellectual property rights protection in China : legislation and enforcement
  • The evolution of patent legislation in China
  • Patent policy and legislation : Japan vs. China
  • Patent policy and legislation : India vs. China
  • International patent rights harmonisation : the case of China
  • Conclusion.
Law Library (Crown)
Book
viii, 402 pages ; 24 cm
  • The expression of justice in China / Flora Sapio, Susan Trevaskes, Sarah Biddulph, Elisa Nesossi
  • State, society, and the justice debate in contemporary China / Joshua Rosenzweig
  • High justice vs low justice : the legacy of Confucian and legalist notions of justice / Delia Lin
  • Rawls rejected, ignored, and radicalized : debating procedural justice in China / Samuli Seppänen
  • Weaponising the rule of law in China / Susan Trevaskes
  • Wrongful conviction : the useful injustice? / Elisa Nesossi
  • 'Rich sister' Wu Ying, judicial drama and justice / Flora Sapio
  • Justice in the PRC : how the Chinese Communist Party has struggled with managing public opinion and the administration of criminal justice in the Internet age / Ira Belkin
  • Justice, wrongs and rights : understanding traditional and liberal conceptions of justice through the lens of contemporary Chinese advocacy initiatives/ Eva Pils
  • Perceived justice of migrant workers in China / Xin He, Lungang Wang, Yang Su
  • In search of justice : China's elusive civil litigation reforms / Margaret Woo
  • Justice at the margins : notions of justice in the punishment of prostitution / Sarah Biddulph
  • Bringing politics back in : access to justice and labor dispute resolution in China / Hualing Fu
  • Of ceremonial columns / Flora Sapio, Susan Trevaskes, Sarah Biddulph, Elisa Nesossi.
Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.
(source: Nielsen Book Data)9781107190429 20171002
Law Library (Crown)
Book
1 online resource (viii, 402 pages) : digital, PDF file(s).
  • Part I. Constructing the Idea of Justice: Traditional and Contemporary Perspectives: 1. The expression of justice in China Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi-- 2. State, society and the justice debate in contemporary China Joshua Rosenzweig-- 3. High justice vs low justice: the legacy of confucian and legalist notions of justice Delia Lin-- 4. Rawls rejected, ignored, and radicalized: debating procedural justice in China Samuli Seppanen-- Part II. The Performance of State Justice: 5. Weaponising the rule of law in China Susan Trevaskes-- 6. Wrongful conviction: the useful injustice? Elisa Nesossi-- 7. 'Rich Sister' Wu Ying, judicial drama and justice Flora Sapio-- Part III. Expressing Justice in the Public Arena: 8. Justice in the PRC: how the Chinese Communist Party has struggled with managing public opinion and the administration of criminal justice in the internet age Ira Belkin-- 9. Doing justice: traditional and liberal conceptions of political morality in contemporary Chinese advocacy initiatives Eva Pils-- 10. Perceived justice of migrant workers in China Xin He, Lungang Wang and Yang Su-- Part IV. Justice in Action and Law: 11. In search of justice: China's elusive civil litigation reforms Margaret Woo-- 12. Justice at the margins: notions of justice in the punishment of prostitution Sarah Biddulph-- 13. Bringing politics back in: access to justice and labor dispute resolution in China Hualing Fu-- 14. Of ceremonial columns Flora Sapio, Susan Trevaskes, Sarah Biddulph and Elisa Nesossi.
  • (source: Nielsen Book Data)9781107190429 20171002
Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.
(source: Nielsen Book Data)9781107190429 20171002
Book
xxiii, 379 pages : illustrations ; 25 cm
  • Preface
  • Outline of China trademark progress
  • Acquisition of trademark rights
  • Maintenance of trademark registrations
  • Cancellation of a registered trademark
  • Invalidation of a registered trademark
  • Protection of trademark right.
"[This book is a] source on Chinese trademark law for non-Chinese intellectual property professionals with its...descriptions and analyses of twenty-six landmark cases located in the context of the overarching system. For fifteen consecutive years, China has received and processed more trademark filings than any other country; the number of trademarks filed in China in 2015 alone was three times that of the combined trademark filings made in the United States (second place) and the European Union (third place)...[Topics covered include:] absolute and relative grounds of trademark registrability; dual-track system of administrative enforcement and judicial protection; well-known trademark protection; defenses in trademark infringement cases; damage determination in a trademark infringement lawsuit; third party's prior rights; personal name similarity; resolution mechanism for conflicts and disputes; time limit to challenge a trademark assignment; and trademark squatting. The analysis of each case...illustrates how trademarks are acquired, maintained, cancelled, invalidated, and protected in China. Prior to diving into these cases, an introductory chapter provides a brief history of China's trademark system and describes the three amendments to the Trademark Law (1993, 2001, and 2013) and the impact made by each."-- Back cover.
Law Library (Crown)
Book
vi, 420 pages : forms ; 23 cm.
  • Introduction / Hualing Fu and Michael Palmer
  • People's mediation enters the 21st century / Yuning Wu
  • Rethinking the mediation campaign / Xianchu Zang
  • Mediation in contemporary China : thinking about reform / Yun Zhao
  • When local meets international : mediation combined with arbitration in China and its prospective reform in a comparative context / Weixia Gu
  • The judge as mediator in China and its alternatives : a problem in Chinese civil justice / Yongzhu Chen
  • Grassroots judges of China in the resurgence from adjudicatory to mediatory justice : transformation of roles and inherent conflict of identities / Yifan Xian
  • Post-disaster mediation in China / Ali, Shahla
  • A dose to cure medical chaos : medical mediation in China / Chunyan Ding
  • The development of securities dispute mediation in China : prospect and problems / Robin Hui Huang
  • Buying "leniency," selling "justice"? : a critical discussion of "criminal reconciliation" (xingshi hejie) under China's revised criminal procedure law / Jue Jiang
  • Domestic violence and mediation in contemporary China / Michael Palmer
  • Divorce disputes and popular legal culture of the weak : a case study of Chinese reality TV mediation / Yixian Zhao
  • Mediation of environmental disputes / Yuhong Zhao
  • Consumer council dispute resolution : a case study / Ling Zhou
  • Regulating collective labor disputes in China : a tale of two actors / Mimi Zou, Xuanming Pan, Sirui Han.
This collection of essays is the result of a collaborative project between Professors Fu Hualing and Michael Palmer, along with scholars in both Hong Kong and mainland China, on the nature and place of mediation in the justice system of the People's Republic of China. The project explores key aspects of the continuing central importance of mediation as a dispute resolution process, the various efforts at the refurbishment of mediation that have been made over the past decade or so, and the reforms that would best enhance the practice, theory and teaching of mediation. Mediation is used in China today for handling disputes in a variety of institutional contexts: `people's mediation', which is primarily a form of local community dispute resolution, judicial mediation carried out by judges in and around the court, administrative mediation as conducted by officials and often focused on specific areas of governmental responsibility (as, for example, is the case with environment disputes), mediation in arbitral proceedings, and private mediation carried out without specific institutional support. Over the past fifteen years or so, in response to the rapid economic and social changes taking place in mainland China (including, inter alia, a declining importance of the local community) there have been attempts to institutionalize mediation, to resource it better, and to give it more legitimacy and legal force. In handling cases that come before the courts, judicial mediation continues to be seen as a particularly useful process, offering flexibility and effectiveness in dispute resolution (and even in handling serious criminal cases). But at the same time, the widespread reliance on mediation can also mean that dispute negotiations do not take place in the 'shadow of the court' but, rather, in the 'shadow of mediation'. Under the current Xi Jinping government, the Chinese Communist Party's concern with political stability and social harmony has intensified. Even more so now than in the past, China's judges, people's mediators, arbitrators and others have to consider the social and political impact of their dispute resolution work, and to see mediation as a part of a larger scheme of dispute containment.
(source: Nielsen Book Data)9780854902248 20171023
Law Library (Crown)
Book
xii, 327 pages ; 25 cm.
  • Introduction
  • Legal history of civil mediation in China
  • Fundamental tenets of contemporary chinese civil justice : substantive justice, material truth, and the Chinese judicial mindset
  • Connecting China's private and public spheres of civil dispute resolution : grand mediation, people's mediation and social engineering
  • Court mediation in the 'Wang courts' and the impact of Wang Shengjun's policies on future developments
  • An empirical analysis of judicial conciliation in China
  • Trial management in China : the institutionalization of judicial preference for court mediation in civil litigation : overview of principles and practice
  • Conclusion: Seven areas of tension in Chinese dispute resolution : the impact on in-court and out-of-court mediation.
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
(source: Nielsen Book Data)9789004342385 20171009
Law Library (Crown)
Book
xi, 230 pages : illustrations ; 25 cm
  • Copyright object
  • Copyright subject
  • Copyright content
  • Copyright limitations
  • Neighbouring rights
  • Copyright infringement and enforcement
  • Collective management societies
  • Software copyright protection
  • Online copyright protection.
This book presents selective case studies concerning China's Copyright Law, especially the typical cases chosen by China's Supreme People's Court and the Beijing, Shanghai and Guangzhou IP courts in recent years as the local court's guiding reference cases, the goal is to help readers familiarize themselves with China's dispute and resolution system from a practical point of view. The major aspects covered include copyright object, copyright subject, copyright content, copyright limitations, neighboring rights, copyright infringement and enforcement, software copyright protection, collective management societies, and online copyright protection. Generally speaking, the book highlights selected typical cases involving various categories of current China's Copyright Law. In addition, it introduces readers to relevant laws and regulations and discusses some hot issues in the academic field, including the extended collective license (ECL) implementation problem and the definition of "know" of Internet Service Providers (ISPs) in China. As such, the book successfully combines legal theory and realities, offering readers, especially graduate students and researchers, a clear and sensible overview of modern China's Copyright Law and practice, as well as the chance to better understand China's judicial and administrative efforts to protect copyright while also satisfying the requirement of transparency ever since China's entry to the WTO in 2001.
(source: Nielsen Book Data)9789811053511 20171204
Law Library (Crown)