Understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved.
Chinese Refugee Law offers a comprehensive, up-to-date, and readily accessible reference to Chinese refugee law. It focuses first on existing laws and practices relating to refugees in China, then offering a scholar's proposal for a law to handle with refugee affairs and implement the
Convention Relating to the Status of Refugees. The book provides the detail, insight and background information needed to understand this complex area of law. It examines both existing Chinese statutes and relevant international documents, drawing on and comparing Chinese and English language sources. It is thus an invaluable resource for both Chinese and non-Chinese readers alike.
Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics.
The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
Cooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.
Road Traffic Liability in China: A View from Law and Economics, Yu Yan provides an in-depth analysis of the Chinese road traffic liability system, as well as other alternative accident prevention schemes from a view of law and economics. The analysis refers to the functioning of the system both on paper and in practice. The conclusion shows that the current Chinese traffic liability system can only achieve partial deterrence, and that the problems of under-compensation and insufficient risk-spreading seem to be serious, at least in the economically underdeveloped regions. Based on these findings, Yu Yan suggests specific legislative changes to be taken for the policymakers to improve the system.
Based on research on a number of judicial decisions regarding concession and Public–Private Partnership (PPP) agreements, this paper demonstrates the problems and dilemmas of China’s current PPP dispute resolution mechanism and clarifies three fundamental issues: concession≠PPP; concession agreement ≠ administrative agreement; and disputes related to administrative agreements≠administrative disputes. On the grounds of these conclusions, the paper argues that the logical chain of China’s existing PPP and concession dispute resolution mechanism is untenable. The logic of the current mechanism starts from the definition of an administrative agreement; it then classifies concession agreement as administrative agreement; and finally subjects the disputes over concession agreements to administrative litigation. Yet, this starting point is problematic because the definition of administrative agreement and the distinction between public and private law attributes are difficult to determine precisely, as they lack the necessary theoretical clarity and uniqueness. Overall, the current legal situation of PPP in China is far from being satisfactory because a statutory law on PPP is absent, the existing laws and regulations on administrative agreements are primitive, and the judicial practice has not yet established unified and clear criteria. Against this backdrop, this paper proposes a possible way out. First, we should critically reflect on the current administrative agreement and PPP agreement theory. Then, we should apply the method of legal fact research, adopt doctrinal tools of the legal relationship theory and contract construction theory, and eventually establish a multiple dispute resolution mechanism to resolve disputes effectively.
Punitive damages have several functions that are worthy of serious research. For instance, punitive damages could help to compensate victims for moral damages suffered and offer more sufficient ex-ante compensation in cases of wrongful death or bodily injury, thus compensating for the losses suffered by victims more completely; they could punish private wrongs more effectively and provide a means of personal revenge within the law, incidentally deterring and preventing future wrongs; they could be used to correct abuses of power or status by the rich, large corporations, or the government; and they could be used to complement criminal law, etc. In order to fully realize the advantages of this institution in the Chinese society, we should expand its application in China’s tort law and carefully design the scope of its application, including the subjects to which it would be applicable and the amounts that would be allowable. In the short term, the application of punitive damages could be expanded through specific individual legislation, increase of the amounts of compensation for mental damages in individual cases or local legislation. In the long term, a general clause on punitive damages should be established in tort law in China’s future Civil Code, stipulating that “punitive damages can be applied to those who have performed tortious acts that deserve severe moral condemnation, due to the actor’s malicious intent or indifference or disregard for others’ rights.”
Under the public utilities franchise system, the executive branch may transfer the task of providing public utilities services for the common good to a private party. It should undertake to regulate and prevent the private party from pursuing its own interests to the detriment of public interest while discharging its duty under the public utilities franchise. Since any public interest must be enjoyed by all individuals, we can say that the obligations owed under administrative regulations aim at the ultimate goal of increasing individual welfare. In the public utilities franchise system, regulations of this kind can be divided into six different categories: maintaining and promoting necessary market competition, ensuring the continuity of public utilities services, ensuring non-discriminatory provision of public utilities services, ensuring the quality of public utilities services, ensuring reasonable charges for public utilities services, and ensuring the conservation of energy and protection of the environment while providing public utilities services. The absence of governmental regulation of the provision of public utilities and of reforms in such services in China has harmed both public interest and the rights and interests of consumers. Some of the problems caused include chaotic market access for public utilities, no guarantee of the sustainability of public utilities, the failure of the universality of public utilities, declining quality of public utilities, sharp rise in the prices of public utilities, insufficient regulations on the conservation of energy and environmental protection, and so on. In order to achieve the effective implementation of the administrative regulations and obligations therein with respect to public utilities and the maximization of public interest, the Chinese government should enhance its consciousness of regulating public utilities, improve the legal system to regulate public utilities, perfect the regulatory system for public utilities, and establish a system of liability to compensate for failures in regulation.