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-     

CHINA＇S INTELLECTUAL PROPERTY PROTECTION IN FRANCHISING

Since the concept of franchising was introduced into China, the franch＆ing sector has witnessed a spectacular growth in the last decade. China today ＆ the most franchised country in the world in term of number of systems. The value and success of most franchising concepts are often substantially based on intellectual property -- primarily trademarks, trade names, copyrights, trade secrets, and patents. If a franchisor is to capitalize on the exclusivity of its unique intellectual property to provide it and its franchisees a competitive advantage, legal protection of these valuable assets is essential in China and contemplated business. The tremendous development of franchising has inevitably brought forth different kinds of problems such as the franchise contract disputes, intellectual property infringement disputes, etc. The strong growth of domestic and international franchising urges the great importance of protecting the intellectual property rights （IPRs） in China today. This paper addresses the Chinese franchising law and intellectual property law, analyzing the enforcement and protection of intellectual property law in China today in combination of some judicial cases judged by the courts. With more and more serious situation of intellectual property infringements in China it is crucial for the intellectual property rights to be maintained and safeguarded, some suggestions were put forward to protect the IPRs from the franchisors ＇perspective.     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.     

STATE＇S CONTROL AND TENURE ARRANGEMENT OVER FIXED OBJECTS DUTCH CITIZENS PRIVATE PROPERTY FOR THE WELFARE OF THE PEOPLE： THE CASE OF INDONESIA

Indonesia had been colonized by Dutch Government for more than 300 years. Posterior to Indonesia independent proclamation on August 17, 1945 there was a number of State＇s legal problems found and one of them is the control and tenure arrangement of private property that left by Dutch citizens in the country of Indonesia. Specific purpose of the paper is to criticize the existence of Act Number 3 PRP Year 1960 regarding the Tenure Arrangements Fixed Objects Dutch Citizens Private Property that has reflected a sense of unjust, uncertainty and inexpedience for the greatest number of Indonesian people. It is because the Act of 1960 defines inconsistency between Article 4, paragraph （2） with general explanations Article 1 Government Regulation of the Republic of Indonesia Number 223 of 1961. It also set the terms of priorities to obtain fixed objects belonging to individual citizens Dutch not in accordance with the principle of equality before the law. Legal implications arising from control and tenure arrangements of objects and equipment owned by a Dutch individual are a problem that occurs in the received ground objects P3MB. To implement the control arrangements of objects and equipment owned by a Dutch individual that reflects a sense of fairness, certainty and benefit to society by applying the concept of 3 in 1 in the Land Acquisition： Acquisition of land objects P3MB for laws subject.     

REVIEW OF THE 7TH NATIONAL MEMBERS＇ CONGRESS OF CHINA＇ S LAW SOCIETY

From November 29 to 30, 2013, the 7th National Members＇ Congress of China Law Society was held in Beijing. The leaders of the Cortmmnist Party of China （CPC）, Xi Jinping, Zhang Dejiang,     

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     

CHINA LAW DEVELOPMENT REPORT 2012： PROFESSIONALIZATION OF CHINA＇S LEGAL WORKERS

“China Law Development Report 2012： Professionalization of China ‘s Legal Workers” publishing conference was held on 4 May 2013, in Beijing. This is the fourth report on China Law Development published by Renmin University of China, following Report 2007 on database and indicators, Report 2010 on law-making, and Report 2011 on law-enforcement, Report 2012 focuses on the following aspects according to professor ZHU Jingwen, chief editor of the report.     

GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE EDITOR＇S NOTE

How could Critical Legal Study＇s insights benefit China？ When Chinese scholars at the inaugural session of Renmin University International Virtual Workshop （RUIVW） meet Duncan Kennedy, akey figure in the Critical Legal Study Movement, they seek to find out the answer.1 Kennedy＇s work on the globalization of law offers an ideal topic for the discussion.     

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.     

THE LAWS,POLICIES, AND POLITICS OF REGULATING LEAD POLLUTION IN CHINA

This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China＇s Ministry of Environmental Protection （MEP） was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government＇s response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China ＇s governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.     

THE POLICE INVESTIGATOR＇S AUTHORITY TO ISSUE PROVISION LETTER OF INVESTIGATION CANCELLATION： ITS URGENCY IN THE PERSPECTIVE OF INDONESIAN CODE OF CRIMINAL PROCEDURE

According to integrated criminal justice system, Police is the gatekeeper of the Indonesian criminal justice system or the pioneer State＇s institution and agency in criminal law enforcement. Consequently, when public are disappointed with law enforcement, attention will firstly be directed to the police. Hence, according to the Direction of the Chief State＇s Police No. KEP/3 7/X/2008 concerning the Accelerated Program of the Indonesian Police Transformation towards independent, professional and accountable police, all levels of police structure are ordered to be able to change the paradigm of the police services as soon as possible. In addition to that, police investigators have published some letters of Investigation Cancellation Order （SP3） as it is a part of police＇ authority stipulated in the Code of Criminal Procedure （KUHAP） and the Law No. 2 Year 2002. However, there are still abundant of cases to solve. Consequently, there should be policy regulating the authority of investigators to issue Provision Letter of Investigation Cancellation （SKP2）. This modest article attempts to describe philosophical foundation of the urgency of police authority to issue SKP2 and the juridical implication covers the law enforcement effort, strenghthening the realization of duties and responsibility of the police investigators in settling cases and facilitating the effort to attain the goals of the law namely justice, usefulness, and legal certainty, as well as assisting to search and find the substantially truth by paying attention to the protection of human rights.     

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 DEVELOPMENTS,ACADEMIC DEBATES AND LEGAL PRACTICES ON THE CONSTITUTIONAL REVIEW IN CHINA： 2000--2013

A special system of constitutional review, namely National People＇s Congress Review Model （the NPC Review Model） has been established since the 1982 Constitution. However, this system was criticized for its inactivity and has never been actually activated. After 2000, there are lots of efforts try to improve the system of constitutional review of China, the results of the Qi Yuling case （2001） and the Luoyang seed case （2003） demonstrated that the U.S.-style of constitutional review is not and will not be accepted by the political system of China, while the results of the Sun Zhigang case （2003） and the Tang Fuzhen case （2009） proved that the existing NPC Review model cannot work very well if political leaders refuse to reform it. However, the experiences of the New Model of Parliamentary Sovereignty which was developed from Canada, New Zealand, the United Kingdom, Canberra （the Australian Capital Territory）, and the Hong Kong Special Administrative Region of China after 1980s, showed that a third way to protect human rights in a liberal democracy and to coordinate the relationship between legislature and court in a system of constitutional review. I believe the third way provides a good case for China to reform the existing constitutional review system without abandon its cherished tradition of the system of people ＇s congress.     

GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE ENCOUNTER： HOW DUNCAN KENNEDYAND CHINESE LEGAL SCHOLARS VIEW LEGAL TRANSPLANTS AND THE RULE OF LAW -- A COMMENTARY ON THE HARVARD-RENMIN VIRTUAL WORKSHOP ON DUNCAN KENNEDY＇S THREE GLOBALIZATIONS OF LAW AND LEGAL THOUGHT

Concerned about China＇s future, a panel of Chinese legal scholars invited Professor Duncan Kennedy to discuss legal transplants and the rule of law. This commentary contextualizes their ideas and concerns and aims to clarify some concepts and arguments that underlay their discussion. At times though using the same words the participants were talking about different things. By legal transplants, the Chinese scholars were initially speaking of specle laws, while Duncan Kennedy was referring to legal thought. By law being political, Duncan Kennedy largely meant the distributive and discretionary nature of adjudication, while the Chinese participants were criticizing the interference by the Party and the government with judicial practice. Yet through this encounter, much was exchanged and debated. Regarding the triggers of legal transplants, the Chinese participants emphasized the law＇s quality and the donor＇s power, while Duncan Kennedy was more interested in chance and the recipient＇s strategy. Among the multiple ways of defining the rule of law, both sides agreed that it should be an institutional framework within which an independent judiciary checks the executive power. Nonetheless, each side had their own hopes and reservations on how this institutional framework can enable judges to faithfully apply the law.     

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.     

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.     

TRANSSEXUAL PEOPLE IN THE WORKPLACE： ZERO TOLERANCE FOR DISCRIMINATION

Worldwide, transsexual people are often subjected to discrimination and prejudice generally, and, particularly, in the working environment. This has an effect on their physical and mental health. The paper investigates the nature of transsexualism, the change or alignment of a transsexual person＇s sexual expression with her or his internal identity by surgery and hormone therapy, the criteria for such a diagnosis, the causes of transsexualism and the prevalence of same. Relevant South African laws are discussed as background for an analytical discussion of two reported cases of discrimination against transsexual people in the workplace. The writer of the paper welcomes the approach of the Labour Court of utilising these opportunities to destigmatise transsexualism and zero-tolerance for unfair discrimination against transsexual people. These judgments had probably contributed to a better understanding of transsexualism, particularly since such matters seldomly reach the court. The writer views the judgments as wake-up calls for employers （i） not to repeat traditional prejudice towards transsexual people and （ii） to embrace the diversity of employees. She anticipates that this will lead to better employment relations in workplaces, which, in turn, will enhance the quality of working life for transsexual people. The coverage of the cases in the media will also assist in raising awareness of transsexualism among employers, the medical community and the wider population. Following these cases, she suggests that employers have to root out discriminatory practices against transsexual people completely and to display a more mature attitude towards such employees. Moreover, policy-makers in academia and the health sector will have to review, amongst others, the curricula of universities to provide for sexuality training,     

China＇s Labor Contract Law and the liberalization of global markets： Will employees＇ rights equate to employers＇ nightmares？

Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers＇ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China＇s embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States＇ use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.     

A review of developments and changes in the world＇s constitutions

The constitution is a living document, which being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. This paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world＇s constitutions. It seeks to raise awareness of new constitutional rights. World＇s most constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.