This paperIt is to illustrate the recent development of the foreign investment legal regimes in China with a special reference to foreign investment policy and the fulfillment of commitment that China made since its accession to the World Trade Organization (WTO). Meanwhile, much emphasis will focus on a series of amendments and adoptions regarding legislations which are directly or indirectly relating to foreign investment in China. To get a better good understanding of the features of Chinese legal regimes for foreign investment, a comparative analysis between the legal regimes in China and that in the US will be referred.
Based on copious material, this paper fully describes the twists and turns in the progress of Chinese criminal jurisprudence in the past 30 years, discusses the relevance of the criminal jurisprudence and the rule of law in criminal justice, as well as the development of criminal jurisprudence. Meanwhile, an assessment has been made on the theoretical criminal jurisprudence. As a whole, all of those would be of important reference for properly understanding the theoretic development of Chinese criminal jurisprudence.
The Criminal Procedure Law was promulgated 30 years ago, which is an important starting point for the construction of Chinese Criminal Procedure Law system, and its first amendment in 1996 further adapted to the demand of democracy, the rule of law and social reforms, which might be viewed as a milestone in the history of Chinese criminal justice though the core issues here had not been thoroughly solved. Thereafter, three inherent defects remain in Chinese criminal justice, for which China has also taken initiatives to further amend the Criminal Procedure Law. However, there are various challenges and dilemmas in further amendments to the Criminal Procedure Law, including lack of a constitutional basis, lack of complementary judicial reforms, departmentalism in legislation and restraints of traditional ideas. The orientation of reforms shall be further improvement of the adversary system, focusing on complying with international conventions and coordinating with the results of the institutional reforms of justice in China.
As to the Miao and Dong autonomous regions of Guizhou province in China referred, due to their local geographical conditions and production mode, the disputes regarding farm cattle are still a common issue for public security, which has been difficult to get it solved till now. These disputes have also caused other social problems that seriously affect regular production and social order. Through the field study, it is found that stolen cattle relate to traditional modes of production, as well as the habits and customs of the minority, for the local people have original customs and practices concerning the solution of such cases.
The arbitrary detention through coercive administrative measures in the past years is widely regarded as a major source of undermining the justice of law in China. Based on examining the deficiencies of Chinese administrative justice system, it explores the likelihood of community corrections in treating minor offenders in lieu of existing administrative detentions. Further, it concludes that a Chinese community correction system in the context of legal culture can be gradually shaped, leading to a radically social transformation, and ultimately producing a significant effect on the improvement of the rights of offenders who are accused of committing administrative misbehaviors.
In the existing global financial system, the US private central bank controls the right to issue international currency, while the rest of the world have to involuntarily leave their destiny to such system. In the current financial crisis, American government evaded and deviated from due regulation. It is virtually a robbery of other countries as well as a serious infringement upon international human rights. In such a situation, other countries should stick to the international community standard and the protection of international human rights to fairly distribute the interest deriving from the right to issue international currency, and establish a monetary exchange mechanism; or abide by the principle of “one world, one currency” and accordingly come up with a common international currency, or form a monetary union to safeguard the economic sovereignties; or enhance the due position, rights and interest of the developing economies in the existing international financial system; or strengthen efforts in reforming and building the regime of international financial regulation to prevent people’s legitimate property, rights and interest from being infringed.
“The parties can only choose facultative legal norms,” “the parties of all foreign-related civil and commercial cases may agree to choose Chinese law as the applicable law governing their legal relationship,” and “the applicable law to the contract chosen by the parties shall not avoid the mandatory provisions of Chinese law”-such viewpoints that have substantial influence among the theorists and in the judicial practices of Chinese private international law are actually based on misunderstandings of Chinese private international law. It is a task of the private international law community of China to eliminate such misunderstandings, hence facilitating the healthy development of Chinese private international law.
Evasion in private international law differs from fraud of law in domestic law, which has been generally agreed upon in academic and judicial circles. However, in China’s private international law, the theories on “evasion,” are very confusing and quite a few Chinese academicians appear more declined to accept it as natural phenomenon in conflict of laws. Similarly, both Chinese judges and legislators take a conservative approach towards it. By comparative and historical methods, the definition of evasion is to be clarified in this paper. Also, it is to argue that evasion differs from fraud of law in the context of domestic law and it is necessary to elucidate it.