• Title/Summary/Keyword: China`s Law

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A study on the policy of Korean Cultural Industry

  • Su, Shuai;Zhang, Fan
    • The Journal of Economics, Marketing and Management
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    • v.6 no.2
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    • pp.1-4
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    • 2018
  • Purpose - This research, based on the successful experience of Korea, especially of Korea government, which, though promulgating laws and making policies, plays an rather pivotal role in Korea cultural industry development process, in developing cultural industry, explores possibly successful path and pattern that is suitable for China cultural industry. Research design, data, and Methodology - The study conducted a survey on Korea's 2000-2011 year data. After empirically analyzing the data, we believe that cultural industry in Korea and China will maintain its growth momentum. Results - This study shows that China and Korea are both belong to the only cultural circle of Confucianism and Chinese character, therefore, to research the successful experience of Korea government in cultural industry development will do much good to better promoting the optimal development of China cultural industry. China can encourage private flow to take on enterprises. In terms of financing, diversification can be achieved, by the means of cash, land, intangible assets, technology, stock, bond, cultural lottery etc. Conclusions - Besides, to better the degree of the internationalization of the allocation of the cultural resources, China government can, under the condition that Chinese laws permit, encourage foreign capital to invest in Chinese cultural industry field.

A Study of the Arbitration to the Rural Land Contract Disputes in China (중국 농지임대차분쟁의 중재에 관한 고찰)

  • Kim, Yong Kil
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.137-163
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    • 2011
  • The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

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A Study on the China International Economic and Trade Arbitration Commission(CIETAC) Arbitration Rules (중국국제경제무역중재위원회(CIETAC)의 중재규칙에 관한 연구)

  • Woo, Kwang-Myung
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.121-151
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    • 2006
  • As globalisation extends its effect and particularly following China's accession to the World Trade Organization(WTO) in 2001, ever greater numbers of international transactions will feature a Chinese party. China has certainly made efforts in recent years to rectify law problem. While conducting business in China, foreign companies occasionally find themselves embroiled in disputes with Chinese individuals and companies. As foreign businesses invest in the extraordinary market opportunities in China, international arbitration has also become the preferred method for handling disputes with Chinese partners or with other foreign corporation over operations in China. The new Arbitration Rules of the International Economic and Trade Arbitration Commission(CIETAC) came into force on 1 May 2005. The new rules represent a major overhaul of CIETAC arbitration procedures and are sure to enhance CIETAC's position as a leading player in the resolution of China-foreign business disputes. The changes are significant for all companies doing business in China. So, this article investigated some amendments on the basis of 2000 Rules.

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A Comparative Analysis on the Foreign Trade ACT between Korea and China (한국과 중국의 대외무역관리제도 비교분석)

  • Kim, Chang-Bong;Hong, Gil-Jong
    • International Commerce and Information Review
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    • v.7 no.3
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    • pp.213-228
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    • 2005
  • China is our second largest trade partner and the biggest country of our investment. For this reason, the Korea active strategy for coping with China's changes is very critical at the current point in time due to the economic structure of Korea dependent on exports. This essay is aimed at studying the Foreign Trade Administration System of China and selecting Korea's prospective exports-imports to China. The purpose of this, essay is to help Korean trading corporation to understand the difference between Korea and China in foreign trade administration in order to promote bilateral trade between Korea and China.

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A Study on the issues and measures of the China's Anti-dumping law (중국의 반덤핑 제도 과제와 대응방안)

  • Oh, Moon-Kap
    • International Commerce and Information Review
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    • v.16 no.1
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    • pp.117-142
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    • 2014
  • China having largest market in the world, has been criticized by its trading partner countries due to its unfair trade practices, particularly in the field of anti-dumping regulation. The main reasons for such criticism seem to come from the incomplete anti-dumping law as instrument to protect the industry concerned. In 2001, though new anti-dumping law was established to replace the former one by revising it to meet the needs for economic development which should be secured for china to take part in the competition world as the new member of WTO. The provisions concerned have been evaluated not to be sufficient and efficient from the viewpoint of the safeguard mechanism, while are required to be modified to meet the real world of international trade law. I consider that as the biggest partner of chinese trade activity, we will need to maintain a well understanding of the Chinese anti-dumping regulations. So this report conducts the Chinese anti-dumping regulations, compares between the chinese regulations and the WTO agreement, and studies deeply in to the problems and the improvements of the Chinese anti-dumping regulations.

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A study of Chinese distribution policies and challenges

  • Su, Shuai
    • The Journal of Industrial Distribution & Business
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    • v.4 no.1
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    • pp.11-14
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    • 2013
  • Purpose - The objective of this paper is to explain how the Chinese distribution market will continue to bring tremendous business opportunities to commercial enterprises given the relatively strong economic fundamentals and substantial government-led measures for boosting domestic demand. Research design, data, and methodology - The study conducted a survey on China's 2011 retail market data. After empirically analyzing the data on retail sales, online retail markets, and franchises, we believe that online retailing in China will maintain its growth momentum. Results - This study shows that 2012 is expected to be a challenging year for the retail sector, as both external and internal pressures are likely to persist. Some of the major challenges facing retailers in China are mentioned below. Conclusions - Retailers in China face several major challenges. First, the uncertain economic outlook is having a considerable impact on China's retail market. Second, China's retailers face an unfair competition environment. Third, they are suffering the impacts of product safety problems.

Research and Analysis of Enactment of China's Old and Rare Books Management (중국의 고문헌 관리 법제화의 조사 분석)

  • Han, Mikyung
    • Journal of the Korean Society for Library and Information Science
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    • v.52 no.3
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    • pp.193-214
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    • 2018
  • This study aims to analyze enactment of China's old and rare books management. For the purpose, the review on China's legal system and management related to old and rare books were studied. And this study investigated 4 laws, 6 administrative regulations, 4 sector regulations, and 13 administrative normativity papers. Among those, 5 major sources for old and rare books management were identified as follows : 1) China's National Civilization Protection Law in 2013, 2) China's Old and Rare Book Organization Directive in 1989, 3) Regulation on Management of Research, Organization, and Publication of Old and Rare Books in 1986, 4) Standards on Grading Classification of Civilization Collections in 2001, and 5) Provisional Regulation on Civilization Auctioning in 2003. Based on the analysis of these sources, this study deduced implications in terms of Chinese old and rare books management such as the necessity to give considerations to 1) the importance of old and rare books management policy, 2) nationwide old and rare books management, 3) expansion of eduction and training of human resources, 4) establishment of institution specializing in old and rare books, and 5) special management of science of Chinese medicine.

Noncommerciality and problem of a medical corporation under the present law (현행법상 의료법인의 비영리성과 문제점)

  • Baek, Kyoung-Hee
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.291-328
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    • 2007
  • Under the present law, a medical corporation has the legalistic character of a noncommercial corporation and its commerciality is restricted by public service. In a recent precedent, however, a judgment has considered the service part in medical practice. The tendency of a precedent is that both commerciality of a medical institution and medical corporation are allowed to be pursued under fundamental order-observance. This change is found in china and india, which consider a medical service as national industry. In the case of ours, the now government demonstrate the industrialization or the market of medical service through promotion of commerciality of a medical corporation. This paper deal with the meaning of a medical corporation and the present condition of medical market under the present law and recommends a tendency of law policy through study of foreign's and our precedent for commerciality of medical advertisement and medical corporation.

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Hong Kong's Anti-Ordinance Amendment Movement and the Trend of Change in the One Country-Two System (香港反修例运动与"一国两制"演变趋势)

  • Tian, Feilong
    • Analyses & Alternatives
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    • v.3 no.2
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    • pp.59-85
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    • 2019
  • The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

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Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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