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1.
王晓晔 《Frontiers of Law in China》2009,4(3):343-375
The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant
market position, control concentration of business operators and fight against administrative monopoly. The transformation
of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the
Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative
monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation
of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly.
Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University
of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute
of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute
for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property
and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to
the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program,
and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law.
Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications
include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American
and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law
(China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic
Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200
papers published in Chinese, German and English languages.
Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee
for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly
Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for
the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member
of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory
Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington
University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions. 相似文献
2.
余凌云 《Frontiers of Law in China》2009,4(1):61-81
Through the analysis on three typical cases, it is believed why courts rarely make judgments directly based on the review
criteria of“abuse of power” pursuant to article 54 of the Administrative Litigation Law is mostly that the relevant legal
provisions are not clear. Besides, in hearings, judges are more inclined to use“conversion techniques”. Meanwhile, it is further
revealed of the issues existing in the substantive review of courts.
Yu Lingyun is a professor of law at Tsinghua University, Beijing. His main researches include administrative discretion, legitimate
expectation, administrative contract, law enforcement, case method and police law. He has released a number of articles, such
as Legitimate expectation in administrative law (2003), Pseudo-contract in administrative law (2001), Remedial system of administrative contract (1998), Legitimate expectation in administrative guidance (2007), The construction and development of special administrative law (2006), The scope of judicial review in the administrative litigation law (1992), Experts consultation in government rule-making (1995), Reflection on administrative coercive execution (1998), Compatibility of administrative contract to the characteristics of administrative law (1998), On investigation in resident permission system (1998), The rule of law and administrative contract (1998). His monographs include Administrative Contract (Renmin University of China Press, 2000), Administrative Discretion (China People’s Public Security University Press, 2005), Preventing and Remedies of the Abuse of Police Power (China People’s Public Security University Press, 2002). 相似文献
3.
王先林 《Frontiers of Law in China》2008,3(4):540-555
Defining relevant markets is the foundation of establishing main antimonopoly regimes and the key issue in enforcing antimonopoly
law, which often reflects the leniency or strictness of enforcement. In the process of defining relevant product market, the
main factors to be considered include physical function and use purpose of product, product price, consumers’ preference and
substitutable possibility of product supply. In defining relevant geographic market, the main consideration involves transportation
cost and product characteristics, product price, consumers’ preference and barriers to market access. On the occasion of forthcoming
enforcement of the Antimonopoly Law of China, the enforcement authorities should draw up a specific rule of the definition of relevant markets.
Wang Xianlin got his Ph.D from Law School of Renmin University of China (2001) and is a Fulbright visiting scholar at Law
School of George Washington University (2007–2008). Prof. Wang is a director of Economic Law Institute and a doctoral tutor
in Shanghai Jiao Tong University School of Law. He was once a member of the advisory committee of antimonopoly legislation
of the Legal Affairs Office of the State Council of P.R.C. and is a standing director of the Economic Law Academy affiliated
with China Law Society. His research focuses on competition law and intellectual property law. He has ten books published
individually or cooperatively, including the monograph, such as the Intellectual Property and Antimonopoly Law—Studies on antimonopoly issues of abuse of intellectual property rights and WTO competition policy and Chinese antimonopoly legislation and abuse of intellectual property rights and its regulation. Moreover, he has released over 100 papers in academic journals. In recent years, his research is focused on China’s antimonopoly
legislation and the abuse of IPRs of multinational companies in China. 相似文献
4.
Zhuojun Wang 《Frontiers of Law in China》2007,2(3):335-352
With the shifting of the economic pattern and the developing of administrative law, the modern constitutionalism of China
has adopted a progressive development process. Over 20 years, the development of democracy, the rule of law and the human
rights protection clearly illustrate this point. For the gradually developing constitutionalism, the theory of limited rational
is a theoretical basis, the stability of society is a social basis, the changing economic system is a economic basis, and
Confucianism is a cultural basis. Constitutionalism of China should continue to go in such an active, steady and gradual way.
Wang Zhuojun, Professor and Director of Administrative Affairs of Soochow University (till now) and as a visiting scholar
in the Department of Government & Politics, University of Maryland, USA (1996.1–1997.1), whose research focuses on culture,
politics and science of law. So far, his publications are “The Political System in the Perspective of Culture”, “A History
of Epistemology”, “A Study of the External Economy of China’s Universities”, and his translations include “Introduction to
Culture and Anthropology”, “Challenge to Culture from Science and Technology”, etc. Moreover, He has presided several research
projects sponsored by The Ministry of Science and Technology of China and the Education Department of Jiangsu Province, China. 相似文献
5.
付立庆 《Frontiers of Law in China》2008,3(4):494-506
Malicious withdrawal from ATM constitutes offence of theft and belongs to “theft from financial institutions”. In case of
“extremely huge amount”, according to China’s Criminal Law, the minimum statutory penalty for the accused is life imprisonment, which is undoubtedly too severe. So far as judiciaries
are concerned, reflection should be made with respect to the relevant legislative provisions. In handling individual cases,
the wisest practice for judiciaries is to refer to the provision of clause 2 of article 63 of the Criminal Law, hence submitting them to the examination and approval by the Supreme Court for mitigation of penalties.
Fu liqing, Ph.D graduate of Peking University (major in the science of criminal law), is now a lecturer at Law School of Renmin
University of China. He once learned at Law School of Tokyo University of Japan (2004.10∼2006.9). His representative works
are Make-up of the Rule of Law, Voice of the Rule of Law, Theory of the Subjective Illegal Elements—Evolving with the center of
intention crime. Meanwhile, he has about 40 articles published in academic journals. His recent research is in the field of theoretic re-construction
of the constitutive crime elements and the application of interpretation method on criminal law, etc. 相似文献
6.
夏吟兰 《Frontiers of Law in China》2009,4(2):280-292
The Regulations on Marriage Registration promulgated in 2003 advocates the ideas for autonomy of private law, such as “autonomy
of individual will”, “self responsibility” and “self-determination right”, ushering a new era of Chinese divorce registration
system from supervision by employed institution to self responsibility, however, such issues also result in excessive freedom
and insufficient restriction. In setting up the divorce registration system, therefore, it shall also be considered for the
protection of disadvantaged parties and minor children so as to ensure the fairness and justice of law and the harmony and
stability of society.
Xia Yinlan, LL.D, is a professor and doctoral tutor and the dean of the School of International Studies in China University
of Political Science and Law. She is also the vice chairman of Beijing Women’s Federation, the member of the executive committee
of China Women’s Federation, the director of Marriage and Family Legal Research Institution under the supervision of China
Law Society, the vice director of China Association of Marriage and Family Studies, the standing director of the International
Family Law Society, the vice director of Beijing Women’s Law Research Institution. Her major academic interest covers women’s
human rights, heritage law and family law. She was once a Fulbright visiting scholar in the United States and a legal expert
in Macau Legal Affair Bureau. She’s one of the experts in drafting the P.R.C. Law on the Protection Of Women’s Rights (revised),
the Marriage Law of P.R.C. (revised) and the Regulation of Marriage Registration of P.R.C., and she is still active in participating
in the legislation activities of China. Prof. Xia wrote or co-wrote more than 20 monographs and textbooks, including American
Modern Family and Marriage System, the Freedom and Restriction of Divorce, the Basic Framework Research on Domestic Violence
Law, etc. In Chinese and foreign academic journals, more than 60 articles have been released, such as the study on property
segmentation in divorce in China, the study on family violence under the framework of women’s rights, the comparison on the
factual marriage in Macau and the Mainland of China. 相似文献
7.
8.
The Enterprise Bankruptcy Law has designed the regime for debtor’s senior managers to bear civil liabilities, while the framework
design concerning the prosecution mechanism of civil liabilities is still unclear. How to establish a prosecution mechanism
of civil liabilities of debtor’s senior managers in line with the purposes of the bankruptcy regime is a substantial issue
during the implementation of Enterprise Bankruptcy Law. The realization of the civil liabilities regime of debtor’s senior
managers depends on the establishment and operation of a relatively well-developed prosecution mechanism of civil liabilities.
The focus of the prosecution mechanism of civil liabilities is to determine the subject of prosecution of civil liabilities,
the way to realize civil liabilities, and the special hearing proceedings and authorities of the court. Taking steps to clarify
and improve the prosecution mechanism of civil liabilities focusing on the subjects of prosecution (debtor’s senior managers)
and authorities of the court, is the essence and systematic safeguard of realizing the civil liabilities regime of debtor’s
senior managers in the Enterprise Bankruptcy Law.
Gan Peizhong, Ph.D, is a professor of law and director of the Research Center for Enterprise and Company Law at Peking University.
Prof. Gan is a recognized expert on economic law, company law, bankruptcy law and the reform of state-owned enterprises in
China. He has released numerous articles on Chinese law journals and published many books. His major publications include
Encyclopedia of Chinese Economic Law (vice editor-in-chief), New Studies on Economic Law (co-editor), New Studies on Enterprise
Law (author), Studies on Chinese Economic Adjudication (editor-in-chief), Studies on Foreign Economic Law in Beijing (editor-in-chief),
General Theories on Economic Law (co-editor), Legitimate Exercise of the Corporate Control Rights (author). Moreover, he was
named the “leading young and middle-aged jurist” by Beijing Law Society in 1999. In addition, Prof. Gan is the deputy-president
of the Securities Law Association, a member of the Standing Committee of the Economic Law Association under China Law Society.
He also serves as the consultant of the Legislative Affairs Commission of the NPC Standing Committee and Beijing Municipal
People’s Congress, as well as the Haidian District Court of Beijing. 相似文献
9.
Genlin Liang 《Frontiers of Law in China》2007,2(3):418-445
The judicial interpretation of criminal law should be an application interpretation to individual cases that is guided by
judges and participated by the prosecutor and the accused, for which the judicial judgment should be combined with the application
of criminal law of specific cases, and the criminal precedents should be as a carrier. The Supreme People’s Court should change
from the previous practices of issuing normative and abstract interpretation to the dual approaches of the interpretation
of criminal law application through direct creation and indirect acknowledgement.
Liang Genlin, Professor and Vice Dean of Law School of Peking University and as a visiting professor of University of Tuebingen
(2001–2002). His main research focuses on criminal law and criminal policy, and his important publications include “On the
Structure of Punishment”, “Liang Genlin’s Review on Criminal Policy, Volume I, Criminal Policy: Standpoint and Category”,
“Liang Genlin’s Review on Criminal Policy, Volume II, the Arm of the Law: Expand and Limit”, “Liang Genlin’s Review on Criminal
Policy, Volume III, Criminal Sanction: Manner and Choice”. Besides, he has also published over 40 discourses on criminal law
and criminal policy since 1996. 相似文献
10.
王利明 《Frontiers of Law in China》2009,4(3):325-342
Defective product recalling system is a new regime in modern civil law, characterized by its special functions to prevent
and eliminate the harms concerning consumers’ body and property due to potential defects of products. In legal nature, it
is necessary to define “recalling defective products” as the obligation rather than the liability of manufacturers or sellers,
so as to encourage both manufacturers and sellers to take effective remedies immediately upon defective products. Product
recalling is of two categories, i.e., active recalling and compulsory recalling, and the breach of such recalling obligation
will lead to a series of legal liabilities. Considering the importance of the recalling system and the economic development
of China, it is strongly proposed that China shall formulate the Law of Defective Product Recalling.
Wang Liming, Ph.D of Law, is currently a vice president of Renmin University of China and dean of the Law School. Prof. WANG
is also a member of the Law Committee of 10th and 11th National People’s Congress, vice president of China Law Society. Prof.
WANG is a leading expert in the drafting and formulating important civil laws in China, such as the Law of Real Rights of
PRC. His main research area is civil and commercial law. Quite a number of his monographs won national academic achievements
award, including but not limited to Study on Civil Law Regime (Renmin University of China Press, 2008), Study on General Principles
of Civil Law (Renmin University of China Press, 2003), Draft of Law of Real Rights and its Interpretation (China Legality
Press, 2001), etc. He also has 100 or so articles published in law journals home and abroad. 相似文献