There are various notions of capital, but in this article movement of capital is being analysed from the perspective of international investment law – a country has an asset, which it cannot exploit or do so efficiently and there is a foreigner who possesses financing, technology or know-how, which allows to develop such asset. Lithuania is a net importer of capital, thus this article analyses on what might be the asset that Lithuanian government is interested in developing through foreign investment (...) and why Lithuania does not develop such asset through other means, i.e. borrowing. As China is one the biggest capital exporters and becomes one of the biggest outward investors, this article also analyses driving factors behind such increase of outward investment from China – the Going Out policy and various instruments used by China to encourage such policy. Finally, the article analyses the possible underlying reasons Chinese company CAMCE has in Kaunas free economic zone and what such interest means under international investment law. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

Throughout the ancient society of China, we can find that from Qin and Han Dynasties to Ming and Qing Dynasties, the social nature, political structure and legal system of China did not change endlessly due to the change of dynasties. On the contrary, it was always in a stable state. This has to be attributed to the all-round and deep-seated influence of Confucianism on China society. Confucian culture had an important influence on the development of China's (...) law in the two thousand years after Qin and Han Dynasties. This influence gradually deepened, and eventually became the soul of China's ancient law, which dominated its development value orientation. Under the influence of Confucianism, China's legal culture has its own distinctive spiritual character and institutional characteristics. The theory of "goodness of nature" makes China's legal culture have the characteristics of "morality dominates punishment" and "courtesy for the country"; The thought of "people-oriented" makes China's legal culture have strong humanistic characteristics because of "leniency and caution" and "cherishing people's lives"; The idea of "cheap business" makes China's legal culture show obvious characteristics of public law culture in the field of private law. (shrink)

Under what conditions would authoritarian rulers be interested in the rule of law? What type of rule of law exists in authoritarian regimes? How do authoritarian rulers promote the rule of law without threatening their grip on power? Tying the Autocrat's Hands answers these questions by examining legal reforms in China. Yuhua Wang develops a demand-side theory arguing that authoritarian rulers will respect the rule of law when they need the cooperation of organized interest groups that control valuable and (...) mobile assets but are not politically connected. He also defines the rule of law that exists in authoritarian regimes as a partial form of the rule of law, in which judicial fairness is respected in the commercial realm but not in the political realm. Tying the Autocrat's Hands demonstrates that the rule of law is better enforced in regions with a large number of foreign investors but less so in regions heavily invested in by Chinese investors. (shrink)

With its long history of the rule of men, particularly during its first three decades of communist rule, China has experienced arbitrary governance and social control that heavily relied on "giants" who arose from peasant wars. Even today, the personal orders of administrative and Party officials often take the place of legal rules and procedures. China's human rights record, because of practices such as the imprisonment of some citizens for political conscience and the suppression of free speech, remains (...) an object of international criticism and disputes. On the other hand, in the past twenty years China has shown remarkable progress in implementing the rule by law. Because progress and problems in the rule of law are two sides of a coin in China, the legal circumstances of the country are complicated, and research and evaluation of China's legal system and culture are difficult. (shrink)

Although the prevalence of facial recognition-based COVID-19 surveillance tools and techniques, China does not have a facial recognition law to protect its residents’ facial data. Oftentimes, neither the public nor the government knows where people’s facial images are stored, how they have been used, who might use or misuse them, and to what extent. This reality is alarming, particularly factoring in the wide range of unintended consequences already caused by good-intentioned measures and mandates amid the pandemic. Biometric data are (...) matters of personal rights and national security. In light of worrisome technologies such as deep-fake pornography, the protection of biometric data is also central to the protection of the dignity of the citizens and the government, if not the industry as well. This paper discusses the urgent need for the Chinese government to establish rigorous and timely facial recognition laws to protect the public’s privacy, security, and dignity amid COVID-19 and beyond. (shrink)

The 1973 archeological discovery of important documents of classical thought known as the Huang-Lao Boshu coupled with advancements in contemporary jurisprudence make possible a reassessment of the philosophies of pre-Qin and early Han China. This study attempts to elucidate the importance of the Huang-Lao school within the intellectual tradition of China through a comparison of the Boshu's philosophical position, particularly its understanding of the relation between law and morality, with the respective views of major thinkers of the period--Confucius, (...) Han Fei, Lao Zi, Zhuang Zi, and to a lesser extent, Shen Dao, Shen Buhai and the authors of the Guan Zi and He Guan Zi. So doing reveals Huang-Lao to be a unique and sophisticated social and political philosophy which, until its expulsion from court by Emperor Wu and subsequent adoption by Daoist religion, served as the ideological foundation for the post-Qin reforms of the early Han. (shrink)

In this essay, I argue for the “inclusive” advantage of John Rawls’s The Law of Peoples through a critical engagement with the political development of modern China. I start by introducing some recent developments in contemporary Chinese political theory, showing why it is now theoretically difficult to imagine that China can be incorporated into a liberal international order as a liberal society. In the main body of the essay, I conduct a comparative study of Joseph Chan’s Confucian perfectionism, (...) a Confucian-inspired political theory embedded in Chinese cultural tradition and constructed for modern China, and the Law of Peoples. The purpose is to reveal that there has already existed a school of Chinese political thought that will incorporate China into the Law of Peoples as a decent Confucian-inspired society and that such a society will accept its global responsibility designated by the duty of assistance yet reject a global difference principle in the global original position. I conclude by suggesting how this potential “inclusiveness” of the Law of Peoples may help to remove some of new disturbance to the ideal of a just and stably peaceful world. (shrink)

In den letzten 25 Jahren hat das chinesische Recht eine beeindruckende Entwicklung erfahren. In zunehmendem Maße wird es Gegenstand wissenschaftlicher Untersuchungen, und in Deutschland erscheinen in immer größerer Zahl Publikationen, die das chinesische Recht für die Rechtsvergleichung erschließen oder es rechtsvergleichend mit anderen Rechtsordnungen erörtern. In der neuen Schriftenreihe Schriften zum chinesischen Recht, die im Auftrag der Deutsch-Chinesischen Juristenvereinigung von Professor Dr. Uwe Blaurock, Freiburg, Professor Dr. Ulrich Manthe, Passau, Dr. Knut B. Pißler, Hamburg, und Professorin Dr. Christiane Wendehorst, Göttingen, (...) herausgegeben wird, sollen in erster Linie Monographien, wie etwa herausragende Dissertationen oder Habilitationsschriften erscheinen, darüber hinaus aber auch Tagungsbände sowie kommentierte Übersetzungen wichtiger chinesischer Gesetze oder zweisprachige Gesetzessammlungen. Es soll hiermit der wissenschaftliche Gedankenaustausch mit China gefördert und für rechtsvergleichend arbeitende Juristen eine Publikationsplattform geschaffen werden. Ein besonderer Gesichtspunkt ist dabei auch der Praxisbezug der veröffentlichten Werke. Die Herausgeber hoffen, dass die Schriften zum chinesischen Recht künftig einen wesentlichen Bestandteil des rechtlichen Dialogs zwischen Deutschland und China bilden werden und wünschen ihnen eine wohlwollende Aufnahme in der juristischen Öffentlichkeit. (shrink)

ABSTRACT In this paper we explore how a public national media outlet, the British BBC, represents an international legal case which has a highly political nature. The case is US versus Huawei/meng Wanzhou, which took place between 2018 and 2021. Accusations were that the Chinese technology company committed fraud, leading the global HSBC bank to breach US sanctions against Iran. The charges were made by the US using what is called an ‘extraterritorial law’, which, while rejected as law by governments (...) around the world, is policed by US economic powers and control over international finance. Using Critical Discourse Analysis we show that, while the BBC presents much detail of legal process, the actual nature of the law the US uses to bring criminal charges against international companies and banks, is neither considered nor questioned. Our interest is how such a law, which has a huge influence over global trade and politics, is presented to the public in this particular case. We contribute to the position that the nature of laws, how they are used and known, must always be understood within the prevailing discourses of the moment. (shrink)

From the perspectives of foreign-Chinese bilingual law dictionaries, Chinese-foreign bilingual law dictionaries, and monolingual Chinese law dictionaries, this paper reviews the compilation and publication of law dictionaries in China over the past six decades following the founding of New China in 1949, especially over the past three decades after the policy of reform and opening up was adopted in 1978. This paper reevaluates the translated legal terms covered and defined in the Legal Dictionary of the Soviet Union, Law (...) Dictionary, Oxford Large Dictionary of Law, Chinese-English Glossary of Terms of Laws and Regulations of People’s Republic of China and English-Chinese Dictionary of Anglo-American Law to analyze the roles of law dictionaries on the standardization of the translated Chinese legal terms. (shrink)

Laws of nature are often considered to have played a crucial role in the development of modern science and continue to attract discussions in contemporary philosophy. Is there a similar idea developed in Chinese traditions? Despite its evident significance, there has not been much discussion on this question since Needham (1951) and Bodde (1979). Needham’s answer is no, and one of his main reasons is that China lacks the idea of a divine celestial lawgiver imposing order on natural (...) phenomena; Bodde largely agrees with him. In this paper, I explain why Needham’s arguments are problematic, and by examining Chinese classical texts, I argue that there is an idea of laws of nature, embodied by two notions, dao 道 and li 理. (shrink)

A small sample of sitting Chinese judges was each asked to describe a difficult case, what ethical issues were involved in the case, and how ethics hampered the case, among other questions. The narratives of the cases from family settings suggest—rising from the stew of Chinese social, political, and legal history, the mix of socialist and Confucian ethics, and case facts—that future research on the influence of Confucian ethics may well show that Chinese judges moderate (“democratize”) the rigors of a (...) rule-based legal system, or that they feel pressure to do so by their ethics (which, for disputes and crimes in a family setting their ethics, are Confucian ethics). We argue that “democratizing” the legal system by including society’s ethics is allowable but unless there is a regular discourse on the role of Confucian ethics in legal decisions judges will continue to feel ethical tension as they go about their work. We recommend that ethics discourse be included along with the Chinese government’s structural reforms such as increasing legal education, mandating codes of judicial ethics, and other measures calculated to align the legal system with the Bangalore Principles of Judicial Conduct 2002. (shrink)

This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox. "Professor Wenwei Guan's treatment of intellectual property law and practice in the PRC offers new perspectives (...) that enrich an already active field of study. This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement." - Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada "Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track." - Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University. (shrink)

The first Chinese immigrants arrived in the United States in the 1820s and initially their presence did not result in improving the American perception of China. On the contrary – intense immigration from China led to the development of racist and xenophobic attitudes towards the Chinese, which culminated in the Chinese Exclusion Act of 1882. During the Second World War, China became an important ally of the United States, which triggered a succession of changes to laws (...) barring Chinese immigration. Contemporary Chinese Americans – particularly Taiwanese Americans – can be located in the upper spheres of immigrant population: they are considered to be a well-educated and affluent group. This paper presents the historical and contemporary socio-economic characteristics of the Sino-American population set against a historical and legal background. (shrink)

In mid-1987 Taiwanese president Chiang Ching-kuo announced the end of martial law and the legalization of a political opposition. These two changes, in addition to the orderly elections held at the end of 1986, underscored the political development that has occurred in the Republic of China on Taiwan.

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions (...) concerning the sociopolitical function of values education in the music classroom. (shrink)

The last decade of the Qing dynasty and Republican period saw intensive efforts to revise the Qing Code, promulgate modern legal codes based on Japanese and German law, establish a modern system of courts, and develop a professional corps of lawyers and jurists. These institutional reforms were implemented as part of the drive to have extraterritoriality rescinded and safeguard the sovereignty of the Qing dynasty and then Republic of China. The reforms were accompanied by new categories within civil and (...) criminal law, new conceptions of legal knowledge and expertise, and rich discussions over sources of law which took place within the legal realm as well as the readership of Republican newspapers and journals. If, as Roger Berkowitz writes in his study of scientific codification in continental Europe, “in a legal system, there must be some way that the law comes to be known,” how did ways of knowing law change during this period of legal reform and broader intellectual change? Through a survey of jurisprudence textbooks and other legal publications, this paper argues that writers in early 20th-century China came to define jurisprudence in positivistic terms, ultimately using new conceptions of science and social science to identify its place within a new ordering of modern knowledge. (shrink)

Battles against domestic violence in the People’s Republic of China have been carried out since 1995. In this study, legislative progression of laws related to domestic violence is first examined and clarified; second, findings from the legislative review are investigated on the basis of civil and criminal cases; third, the interaction among social and traditional norms, legislation, and judicial outcomes is explored and interpreted from a sociosemiotic perspective. It is found in this study that: 1) legislation and judicial (...) practices of domestic violence in the P. R. C. are closely intertwined with social and traditional norms; 2) there is a gap between judicial practices dealing with domestic violence and the legislation; 3) the Anti-Domestic Violence Law offers a notch for state powers to embrace the familial relationship and to safeguard a victim. (shrink)

Law, State, and Society in Early Imperial China: A Study with Critical Edition and Translation of the Legal Texts from Zhangjiashan Tomb No. 247. 2 vols. Translated and edited by Anthony J. Barbieri-Low and Robin D. S. Yates. Sinica Leidensia, vol. 126. Leiden: Brill, 2015. Vol. 1: pp. cxiv + 377; vol. 2: pp. xiv + 1038. €299, $389.

Considering the importance of China’s digital economy, industrial Internet, and high-quality development, this study analyzed China’s urban network from the perspective of the communications technology service industry. Three sub-networks and a comprehensive network were constructed. The density, centrality, and cohesive subgroups of the above network were identified. The results show that: cohesion of urban networks in China is weak and resource sharing is low. From west to east, the urban network forms a multilevel diamond structure in the (...) periphery, a parallelogram structure in the semiperiphery, and a triangle structure in the center. The spatial distribution of cohesive subgroups is scattered, disobeying the first law of geography. By constructing sub-networks and a comprehensive network, the subnetworks that dominate China’s urban networks were identified and their typical characteristics described. This study clarifies the technical support pattern behind China’s digital economy development and industrial internet construction and provides a basis for policy-makers to optimize the country’s high-quality development in the future. (shrink)

The formation of public opinion in different countries of the world is important for the formation of global media discourse, since ambiguous opinions are produced in the Asian media, it is worth investigating and studying the linguistic nature of journalistic methods of influencing the audience and the peculiarities of communication with readers. The study aimed to decipher the explicit and implicit linguistic techniques employed to construct political narratives in the media domains of China and Japan, while also examining existing (...) research in the realm of media language. The methodological basis of the work is analytical-synthetic, comparative, contextual and lexical-semantic analysis, which were used in a complex. In this study, the peculiarities of the media discourse of China and Japan were determined based on the analysis of the objectivity of the depiction of events related to the war in Ukraine, and an idea was formed about the characteristics of the narratives that were laid at the level of explicit and implicit meanings, decoded using the study of linguistic means. Attention is focused on the contrast between the Chinese and Japanese positions regarding the war in Ukraine in the media discourse and the peculiarities of information coverage (neutrality or stylistic marking, the choice of lexical-semantic means, the level of artistic imagery). A contextual analysis of Chinese and Japanese online newspapers, which form the modern Asian media field, was carried out, which journalistic techniques are used and which linguistic means are used to achieve the basic communicative goal. This research can be used for further linguistic investigations regarding the formation of political narratives in different regions and countries of the world, in particular regarding the war in Ukraine, conducting a comparative analysis of the rhetoric of public opinion leaders and their influence on the general media discourse. (shrink)

The South China Sea territorial dispute has been a contentious issue in the international community. In the course of 3 years, China and the Philippines had undergone arbitral proceedings over the maritime rights and entitlements in the South China Sea. As the Permanent Court of Arbitration reached its decision, this paper aims to examine the interpretation process of the Arbitral Tribunal in the judgment of the South China Sea conflict between China and the Philippines. The (...) primary objective of the study is to reconstruct or explain how the Tribunal came up with its interpretation of the written arguments presented by the parties involved and to distinguish whether such reconstruction the Tribunal has successfully interpreted or made sense of the said arguments and submissions. Doing so would necessitate a pragmatic analysis– the relevance-theoretic account of human communication and cognition. Data analyzed include written submissions and arguments as well as the legal documents used during the arbitral process. Using content analysis, the data were evaluated through applying the tool of interpretation based on the criteria set by the three conditions of the relevance theory: logical condition, pragmatic condition, and condition of optimal relevance. This paper argues that in order for the addressee of an utterance, in this case the Arbitral Tribunal, to attain a successful interpretation, it should meet these three conditions. This study found that the reconstruction of the interpretation based on the three conditions showed that the Tribunal had attained a valid and correct interpretation of the Philippines’ and China’s arguments. Furthermore, the paper asserts that implied conclusion and the contextual assumptions can be a guiding principle for the cognitive comprehension or interpretation of legal texts. (shrink)

China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on (...) the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law. (shrink)

This volume brings together a number of important studies by leading scholars on ritual and law, philosophy and religion, literature and entertainments in Qin and Han China. A few contributions deal with the Han legacy to later Chinese culture.

Projections regarding future energy consumption and carbon emissions are crucial when the aim is to design policy for global emissions control. What is the different models’ take on the projections for global emissions and, in particular, China’s role in the global picture? Do they anticipate similar results? If not, why are the results different? What key parameters do they use, and how do they affect the final findings? This Article attempts to answer these questions and, starting from there, to (...) further analyze what it means for the challenge of China’s future emissions reduction potential and for the overall goal of global emissions reduction. (shrink)

Since Xi Jinping has taken office in 2012, China’s political repression has only but intensified so that the regime is definitively turning away from the 1990s legal reforms and the many expectations that followed in terms of rule of law and other rights fostering. In replacing these recent developments in a larger perspective including that of a “socialist harmonious society”, which had already shaded a particular light on Chinese reforms, this article proposes to envisage contemporary Chinese legal culture in (...) an evolutionary and theoretical framework. In doing so, it stresses the tensions between a language of rights now fully integrated by the Chinese citizens and the politics of law used, in a last legal ditch struggle, by the Chinese Communist Party as a tool for social stability in disciplining the people by all means including by the threat of its very legal creations. It then concludes in reflecting upon the legal culture emerging out of this great divide between the people and the State. (shrink)

In China, there have been numerous reports that doctors or other health care workers have been attacked by patients or members of patient’s families. From 2000 to 2003, there were 502 reports of violence against health care workers in the city of Beijing, in which 90 health care workers were wounded or disabled. From January 1991 to July 2001, in Hubei Province, 568 attacks on health care facilities and workers were reported, and some health care workers were even killed. (...) In Jiangsu Province, from 2000 to 2002, violent events against health care facilities and workers increased by 35% every year, with an average of 177 such events occurring each year. Those acts of violence have been attributed, in part, to the inadequacy of the legal system for handling medical disputes that was in effect prior to 2002. (shrink)

This paper examines the impact of China’s new environmental protection law on green innovation. Using a large sample of Chinese prefecture-level cities for the 2010–2016 period and the difference-in-differences methodology, we provide strong evidence that the new environmental protection law promotes green innovation. This finding is robust to a battery of sensitivity tests. The micromechanism analysis shows that the new environmental protection law can promote green innovation by imposing stricter financial constraints on enterprises in high-pollution industries and increasing their (...) incentives for green innovation to meet green credit requirements. Further, we find that the impact of the new environmental protection law on green innovation is more prominent in prefecture-level cities with a lower level of banking competition and for prefecture-level cities with stronger intellectual property protection. Overall, these findings suggest that the new environmental protection law has played an important role in promoting green innovation in China. To improve the effect of the new environmental protection law on green innovation, the government can consider lowering banking competition and strengthening intellectual property protection. (shrink)

This essay addresses the legal meanings of the phrase hefa quanyi, an important Chinese legal phrase that is frequently found in many Chinese laws and legal documents, and whose interpretation is claimed by various scholars to affect the alienability of people’s rights. It first challenges the existing translations of the phrase into Italian and English. It secondly delves into its history and etymology, studying the legal meanings that the phrase has had in the various texts of the Constitution of (...) China. It is suggested that hefa quanyi is not the semantic and legal equivalent of Western ‘rights and interests’, but rather that the phrase retains its etymological meaning of ‘power and negatively-connoted profit’. It is further argued that the adjective hefa in the phrase is used to impose constraints on the rights and interests that the Chinese people are entitled to. (shrink)