Factors affecting women＇s participation in indigenous conflict resolution in Issa and Gurgura Clans of Somali,Eastern Ethiopia

This article tries to explore the factors affecting women＇s participation in indigenous conflict resolution among the Issa and Gurgura clans of Somali ethnic group. It also tries to explore the system of conflict resolution among the Issa and Gurgura clans and women＇s representation in the system. It assesses the role of women in the formation of social capital through marriage and blood relations between the different clans. Women are the primary agent in the formation of social capital between clans or ethnic groups. The paper focuses on some of the important elements of the socio-cultural settings of the study community that are in one way or another related to conflict and indigenous conflict resolution mechanisms. It also examines the positive aspects of marriage practices in the formation of social capital which strengthens friendship and unity instead of enmity.     

INTERNATIONAL CONFERENCE ON ＂MODERNITY AND CHINESE LEGAL CULTURE＂ HELD AT RENMIN UNIVERSITY OF CHINA LAW SCHOOL

The legal reform of the late Qing Dynasty that took place more than one hundred years ago has usually been considered as the starting point of the transformation and modernization of Chinese legal culture. Following that, both the Republic of China＇s legal system, and the Chinese legal system drawing on Western experience since the opening-up, have been （to a large extent） developed by the purpose of pursuing modemity. Hence, the relationship between modernity and Chinese legal culture is the crucial point in understanding the development of Chinese legal system in modem times, and also a point in comprehending the ongoing legal system construction in a global perspective.     

CHINA＇S LATEST MARRIAGE LAW AMENDMENT AND FAMILY PROPERTY： TRADITION AND MODERNITY

China＇s latest Marriage Law amendment illustrates how tradition contributes to China＇s modernity. Traditionally, a house was a necessity for a marriage in China. This is because in ancient China, marriage secured the continuation of the family line and provision for ancestors. In modern China, the one child policy and soaring housing prices collectively force the ＂three families＂ to buy a house for the new couple. However, what happens when the couple divorces？ Shall the house then be considered community property？ The 2011 Judicial Interpretation of the Supreme People ＂s Court of Several Issues on the Application of the Marriage Law of the People＇s Republic of China, provides that where real estate is purchased by the parents of one party, and after the party＇s marriage is registered under the party＇s name, such real estate shall be deemed as a gift given by the parents to the party and the party＇s personal property. This interpretation represents a compromise between tradition and modernity.
The article will firstly introduce the marriage system in ancient China, illustrating that under the doctrine ofli, the real purpose of marriage was to be a bond of love between two （families of differenO surnames. Retrospectively, this secured observance of ancestral rituals in the ancestral temple, and prospectively, continuation of the family line. The house was a necessity for marriage because one of the six ceremonies required for marriage under li was the procession, and then welcome of the bride at the groom ＂s home. （Other ceremonies involved a matchmaker securing a proposal, matching auspicious birthdates, exchanging gifts between the bride＇s and groom＇s families, setting an auspicious wedding date, honoring ancestors and deities, and having an elaborate banquet）.
The article will then analyze the marriage law in the of Republic of China, in which even the post-dynasty marriage law adopted the western marriage system, the strong resistance of the old tradition forced the law-     

LEGAL AND REGULATORY MODEL FOR THE AUDIT PROFESSION： THE UK AND CHINESE MODELS COMPARED

The article discusses whether the UK＇s liberal regulatory model for the audit profession could benefit China as it continues its reform towards a western-inspired liberal market economy. China has already carried out substantial reforms.＂ the disaffiliation programme, audit industry consolidation, and the diffusion of international audit norms. However, substantial deficiencies in the Chinese audit profession remain, and corporate audit continues to lack credibility. Adopting a system modelled on that used in the UK could resolve these issues. However, if China chose to adopt the UK＇s liberal regulatory model, it would not only require economic reform, but also structural reform to its political system. This would include removing conflicts of interest between the audit profession and companies controlled by public authorities; the development of an independent self-regulatory system accountable to the judiciary; corporate democratisation; the development of private enforcement and the introduction of an independent judicial system.     

THE EVOLUTION AND THE LATEST DEVELOPMENTS OF CHINESE CONFLICTS LAW FOR TORTS

The legislation of choice-of-law rules for torts has a long history in China. General Principles of the Civil Law of the People＇s Republic of China of 1986 （GPCL）, Maritime Act of the People＇s Republic of China of 1992 （Maritime Act） and Act of the People＇s Republic of China on Civil Aviation of 1995 （Civil Aviation Act）provide respectively the choice-of-law rules for general tort, maritime tort and limitation of liability for maritime claims as well as tort arising out of civil aircraft. The Act of the People＇s Republic of China on the Application of Laws in Foreign-Related Civil Relations of 2010 （PIL-Act） not only brings developments and changes to conflict rules for tort in general, but also provide choice-of-law rules for product liability, infringement of the right of personality via the internet and liability arising from an infringement of intellectual property rights, which marks that Chinese conflicts law has entered into a new developmental stage and taken on several new trends： （1） Chinese conflicts law system for torts has been basically set up; （2） Chinese choice-of-law rules for torts are becoming more and more diversified,＂ （3） the prineiple of party autonomy has been fully introduced to tort liability; and （4） judicial interpretations issued or to be issued by the Supreme People＇s Court will still play an important role in judicial practice.     

Impact of the popular legal participation on forced confessions and wrongful convictions in Japan＇s bureaucratic courtroom： A cross-national analysis in the U.S. and Japan

The interrogation and lengthy detention of the accused by Japan＇s police and prosecutors without access to legal counsel has generated many forced confessions in Japan＇s criminal court. As results, past research estimated that a large number of innocent people have been falsely convicted, and some of them were even executed for crimes they have not committed. Since almost all of indicted cases result in convictions in Japan＇s criminal court, allegations of wrongful convictions have raised serious human rights issues, and the use of forced confessions in criminal proceedings has long been criticized by families of the accused, their attorneys, legal scholars, citizen activists, and international human rights groups. This paper examines whether or not the 2009 introduction of the Saiban-in Saiban （the quasi-jury trial）, where ordinary citizens deliberate together with Japan＇s bureaucratic judges, helps prevent instances of wrongful convictions. As Japan＇s high conviction rate has substantiated that the Japanese court may be another bureaucratic system that is more interested in preserving its own authority and maintaining the status quo, the infusion of non-bureaucratic legal participants into the traditional judicial process may create the potential to alter the nature of trial processes, the quality of deliberations, and thus ultimate outcomes of criminal trials. Based on interviews and survey responses from Japan＇s grand jury （i.e., Kensatsu Shinsa-kai, or prosecutorial review commission （PRC）） participants and American citizens who served in jury trials, the paper explores the ways in which civic participation in criminal processes may affect the quality of legal decision making in Japan＇s criminal court.     

THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？

By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system ＂s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO＇s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.     

RENMIN UNIVERSITY INTERNATIONAL VIRTUAL WORKSHOP SERIES （REVIEW 2014） ON ZHANG TAISU AND HIS NEW CULTURAL PERSPECTIVE ON CHINA＇S ECONOMIC DECLINE IN SEVENTEENTH CENTURY

On 25 April 2014, the second Renmin University International Virtual Workshop （RUIVW）, also the inaugural Renmin-Duke Law Workshop, was held in the Renmin Law School. Professor Zhang Taisu from Duke Law School delivered a talk based on his latest work ＂Kinship, Property, and Agricultural Capitalism in Pre-Industrial China and England.＂ By comparing the two types of land transactions, the dian in China and the mortgage in England, Zhang analyzed the cultural norms leading to the differences of the above property rights and its influence on China＇s macroeconomic decline （referred to ＂decline＂）. Scholar participants spoke highly of Zhang＇s work and raised several questions on it. Gao Yangguang emphasized on the distinguished differences between the psychological needs of social groups behind the above property rights and therefore doubted their comparability in this regard. Guo Rui, the host of this workshop, commented on Zhang＇s work from company law perspective. Jiang Dong discussed the definition of ＂capitalism＂ and its role in the causation to decline. Xiong Bingwan put forward another prospective sub-connections between cultural norms and economic outcomes. You Chenjun suggested evaluation the decline from social functions of the property transactions beyond the economic level by giving the example of tan qi, a unique kind of contract in Ming and Qing China. Pan Weijiang, from Beihang University Law School, compared the concept culture in Zhang＇s work to ＂social structure＂ and suggested more explanation for the impact of the Confucian on it.     

INSTITUTIONAL CHALLENGES TO CHINA＇S INNOVATIVE CAPACITY BUILDING

After dynamic economic growth for more than 30 years, China has been increasingly pressured with the unsustainability of its extensive development model. Despite the remarkable economic growth and the party-state promotion, China is facing barriers for its economic upgrading with scientific and institutional innovation. In recent years, a series of policies and measures have been taken by the Party-State to promote country＇s innovative reorientation. However, implementation of these measures in practice is facing many institutional difficulties, which closely relate to the necessary political reform in order to liberalize people＇s creativity and entrepreneurship. The article will examine three major institutional challenges in this regard from legal perspective.＂ freedom of speech, a level playing field for free market competition, and research integrity. The author argues that the Party-State＇s support and promotion will be insufficient to build up a society with innovative capacity when the Party-State regime itself becomes an obstacle to such development. Success of China＇s innovative reorientation to a large extent depends on its political and institutional reform as well as a fair and equal competitive market system.     

LAWMAKING IN CHINA： DEVELOPMENT,ISSUES AND RETHINKING

Since the Reform and Opening period commenced, lawmaking in China has made great achievements, constructed a lawmaMng institution composed of constitution, laws, administrative and local rules and regulations as the source of law, and a legal system composed of constitutional and related law, administrative law, criminal law, civil and commercial law, economic law, social law, and procedure law. However, lawmaking in China faces new issues needing resolution. This paper focuses on the relation of lawmaking between the National People＇s Congress （PC） and its Standing Committee （SC）, between the NPC and the administrative and local organs. Because most laws are enacted by the SC with a small number of elites, but not the NPC with a large number of deputies, the challenge lies in how to represent the people and ensure the people＇s character of the laws. As the administrative and local organs enact the rules and regulations, how can their conformation to the Constitution and laws be ensured？ Is it enough to only depend on an original deliberative mechanism？ China needs to create and develop new mechanisms to resolve these issues.     

LEGAL EDUCATION IN CHINA： ACHIEVEMENTS,PROBLEMS AND THE FUTURE （1949-2013）

China＇s legal education had been experiencing a rather tough way of growing up after founding of PRC and did has achieved some achievements in the early days, but the following destruction period of nearly 20 years almost ruined all of them. Since the reform and opening up, China＇s legal education had been rapidly recovering and developing, there had been an unprecedented thriving scene. After constantly summing up experience, reforming and adjustment, China＇s legal education gradually stepped into independent and scientific development mode. But with the same time, behind the prosperity scene, China＇s legal education is problematic both in quantity and in quality. In quantity, the biggest problem of china＇s legal education is its imbalanced development, lies both in regional distribution and in their charging authorities. In quality, there are four serious problems which affect its healthy development： lack of professional education idea; lack of elite education idea; lack of legal ethics education and lack of professional skill education. In the future, China＇s legal education should put more efforts on resolving these problems, that is to say, more efforts should be put on the quantitative balance. Meanwhile, concerning its quality, measures will have to be taken for bringing it back to the essential attributes of legal education, only by so doing can China＇s legal education be incorporated into the mainstream of global legal education culture     

THE HEDGEHOG DILEMMA IN THE COURT-MEDIA RELATIONSHIP IN CHINA

This paper explains why Schopenhauer＇s ＂Hedgehog Dilemma＂ may be the most apposite metaphor for the relationship between the courts and the media. Whatever they get from each other, the media＇s role representing the public and the court＇s role representing justice are both essential to modern democracy. Therefore, their relationship has attracted attention, not just in legal and media professions, but also in public and government debate. In the last two decades, China ＇s highest court has issued judicial interpretations and guidelines to regulate the activities of the media and the court, which has brought the topic to a new level of discussion. As a drafter of these official documents, the author will comment on development in this field and their interaction with values inherent to democracy.     

Biometric technology and human rights

Biometrics contributes a new dimension to authentication and identification process of persons. Besides knowledge （passwords） and possession （smart cards）, biometrics provides new means of personal identification. Biometrics procedures are used to recognize or verify behavioral or physical characteristics of a person. Also biometry provides us with a user-friendly method for automatically identification and becoming a competitor for current identification systems, especially for electronic transactions. Cause of biometric increasing position in electronic transaction and security identification system we must to assure perfect information security tools to purpose stability such a systems. But before deploying any security tools or system, one should carefully examine the sensibility and added value of it, as we do in our daily work. However, there are ways to compromise a system based on biometric identification. This article focuses on the future and draw-after of biometric identification, specifically implication on tomorrow＇s network society.     

FOCUS： PUNITIVE DAMAGES IN CHINA EDITOR＇S NOTE

Tort Law of the People＇s Republic of China provided for punitive damages for the first time in Article 47 Chapter 5, although the existing consumer protection law, contract law and intellectual property law contained similar institutions. The direct reason for the introduction of this exotic institution, imported from USA, lies primarily in the Sanlu milk powder scandal Many questions, such as its conformity with the current Chinese legal system, its application, and its likely influence on Chinese adjudication, still remain unclear.     

Greetings from President of IVR

Professor Sir Neil MacCormick Professor Emeritus, Public Law and the Law of Nature and Nations in the University of Edinburgh As one of four billion people who watched the enthralling launch of this year＇s Beijing Olympic Games, I feel renewed enthusiasm for the 2009 World Congress of IVR in Beijing. We can be sure to meet a warmand enthusiastic welcome from all our Chinese hosts, and we can all together carry on the IVR＇s mission of improving mutual understanding in the deep issues that lie at the heart of our common pursuit of philosophy of law and social philosophy.     

Imagining the law and the constitution of societal order in Los Angeles Police Chief William Parker＇s 1965 ＂Crime and the Great Society＂ address

Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the ＂law and literature＂ movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White＇s theories. However, this essay takes White＇s concept of imagining the law and applies it public address and, specifically, to the 1965 ＂Crime and the Great Society＂ speech given by former Los Angeles Police Chief William Parker. Chief Parker＇s address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement＇s role in society.     

Indonesian labour law development and reform： The years of ratifying fundamental human rights defined within the ILO core conventions

Indonesia has a long experience in developing and reforming its labour law in order to response and accommodate fundamental human rights defined within International Labour Organization （ILO） core conventions. It was in particular for enhancing substance of workers＇ prosperity in industrial relationships in the country. For the purpose of changing paradigm in industrial relationships namely the corporatist model or regulatory model into the contractual model and replacing the single union system with multi-union system in term of labor institution and worker association （particularly based on the ILO Convention No. 87 and No. 98）, the government of Indonesia fairly enacted the Act No. 21 of 2000 regarding Trade Unions and the Act No. 13 of 2003 regarding Labor.     

THE ROLE OF THE NATIONAL JUDGE IN EUROPEAN STATE AIDS SECTOR

The article analyses the role and powers of the national judge in the context of State Aids litigation in light of the EU Commission＇s policy adopted in 2009. By analysing the EU Commission＇s policy designed to stimulate the interest of privates to claim judicial protection in front of the national Judge and the judgements of the European Court of Justice, the paper illustrates benefit and problems arising from the enforcement of EU Law in the domestic courts. The paper is focused on the role of the national judge in European state aids sector analyzing the state aids from the national Judge＇s perspective. It is highlighted that the judicial tools are available for the national judge to address the EU Commission and the EU Courts in order to receive support, if needed. Considering that the national Judge cannot analyse State aid＇s compatibility with the EU market-- because this competence belongs only to the EU Commission--it is of the outmost importance that the national judiciary is aware of its role. The EU jurisprudence illustrates that control of legitimacy operated by the Commission and the formal control operated by the national Judge are separate, but complementary to each other. The intervention of the national Judge is to reduce the anti-competitive effect of illegal supports supplied. The role of the national Judge appears very large as he enjoys some precautionary duties--such as the interruption of the aid＇s allocation and the revocation of it--and some curative duties--as the compensation for damages condemning the Member State or the beneficiary.