A Heavy Milestone

Changes to China's employment law have proved controversial,pitting pro-labor against pro-employer After more than two years of deliber- ation and public comments,the Law of the People's Republic of China on Employment Contracts, or Employment Contract Law,has been ratified and will officially come into force on January 1,2008.What does the new law imply for employers and employees? The new law is a milestone in building an employment and social security system in China since the current Employment Law of China was enacted in 1994.It has been for- mulated to protect the lawful rights and inter-     

The Power of Law

China's draft Energy Law is now under consideration China's draft Energy Law has been submitted to the State Council's Legislative Affairs Office and will be considered at this year's executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People's Congress (NPC), China's supreme law-making body, will vote on it.     

Fixing Flaws in the Law

China's top legislature has adopted a draft amendment to the Law on Lawyers that will make it easier for lawyers to meet criminal suspects and obtain evidenceA change to China's 11-year-old Law on Lawyers is set to empow- er the country's legal profession. The amendment to the law,which will come into effect on June 1 next year,will allow individuals to open a law firm,improve access to clients and enable lawyers to build a case more easily. Lawyers in China have traditionally lacked power and this has hampered devel- opment of the industry.The amendment could change this and lead to rapid growth in the profession.     

Free Press:Watchdog Not Lapdog

The Standing Committee of the National People's Congress, China's top legislative body, has for the second time deliberated on the new version of the Emergency Response Law. The new version deletes the provision under which news media are barred from reporting on emergencies or releasing information concerning emergency events without authorization from relevant authorities. The amended version of this law gives more credence to public opinion, and the growing role of Chinese citizens in legislation is widely acclaimed as a more democratic approach by the government. China's renowned legal professor, Cai Dingjian, Director of the Constitutionalism Research Institute of China University of Political Science and Law, recently commented on the decision to amend this law and on the social effect of mass media. In an interview with The Economic Observer, a leading Chinese business weekly, Cai said that China's steady social transformation demands a free and responsible press in order to secure democratic rights for the people. Excerpts:     

IS It Right to Lower the Age of Limited Civil Conduct Capacity?

正A draft of general rules stipulating the basic principles of China’s Civil Code was submitted to the top legislature for its first reading in late June. The passage of the rules wil be the first step in compiling the all-encompassing Civil Code. Over the past decades, China has enacted a number of laws on managing civil affairs, such as the Property Law and the Contract Law,but has yet to integrate them into a comprehensive code.One of the changes in the draft is the     

Provide Equal Protection to Property Under All Ownerships

Question: The formulation of Real Rights Law of the People's Republic of China is now a hot topic of debate with- in China's legal community. To the gen- eral public, however, the law is entirely new. Would you tell us the main con- tents of the draft law and what the law means to the Chinese society? Answer: Real right, also known as right of property or property right, refers to the right of a natural person and a corpo- rate entity to the disposition of a certain piece of property. Real…     

MILESTONES MARK NEW DIRECTION

Laws move China a step further down market March 16 witnessed the approval of the landmark Property Law at the annual session of the National People's Congress (NPC). This is the first time that equal protection to state and private proper- ties has been enshrined in Chinese law, a move which marks a significant step in the     

Improve Labor Contract System, Safeguard Lawful Rights and Interests of Laborers——An interview with Prof. Guan Huai of Law School of Renmin University of China

EDITOR'S NOTE: The Draft Labor Contract Law of the People's Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.     

East China University of Political Science and Law Human Rights and Humanitarian LawResearch Center

<正>I.IntroductionThe Human Rights and Humanita-rian Law Research Center at the East China University of Political Science and Law was established in December 2006,with public international law experts as its core.The center is admin-istered by the International Law School at the East China University of Political Science and Law.With support from the university leadership and the research office,in-terdisciplinary cooperation in the center has been strengthened.Well-known scholars in constitutional law,legal his-tory,legal theory,criminal investigation and military law have become advisers or key members of the center.The main task of the center is to     

A LAW FOR THE LAW

<正>The legal system gets a new suit of armor By Yin PuminChina’s top legislative body has adopted an amendment to the Legislation Law,the foundation of the nation’s legal system,to make the process of formulating and enacting laws more efficient while simultaneously reinforcing the rule of law.Since coming into effect in July 2000,the Legislation Law has served as the cornerstone of China’s legal system.It regulates how national     

Focus on the People

Intensified efforts to improve people's livelihood, the passage of the Property Law and more candid criticism of government perfor-mance stood out as three prominent features of this year's sessions of the National People's Congress (NPC), China's supreme legisla- ture, and the Chinese People's Political Consultative Conference (CPPCC), the country's top advisory body, which concluded in Beijing on March 16. Since the introduction of economic reforms and the opening up policy in the late 1970s, China has achieved remarkable economic developments that have drawn attention and admiration throughout     

People's Will Vs. Illegal Bill

正The so-called "Hong Kong Autonomy Act" by the U.S. in response to the newly enacted Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region(SAR) is illegal and amounts to gross interference in China's internal affairs.The Chinese law aims to protect Hong Kong. Since Hong Kong is part of China, it is a legitimate right of the country to promulgate a national security law. On the     

Revised Budget Law——A Reflection of Transformation

THE revisions last August to China’s Budget Law were the first since it took effect in 1995.It has thus taken more than a decade to revise a law so important it has been dubbed the"Economic Constitution."Response to the Demand for Change China’s Budget Law was promulgated in 1994 and took effect in 1995.Over the ensuing two decades Chinese society has witnessed dramatic changes–in economic development,state governance,and also public opinion and understanding of the budget.Social progress     

China＇s Employment Promotion Law Guarantees Right to Employment

China's legislature is soliciting comments and suggestions to the draft of Employment Pro- motion Law as an endeavor to democratize its process of legislation.Up to April 25 the National Peo- ple's Congress had received over 11,000 items of comments and suggestions. The draft law has 64 articles in eight chapters,covering general principles,policy support,standard market order,vocational     

Economic, Social and Cultural Rights in China

In recent years, China has adopted a range of legislative, judicial and administrative measures to promote and protect the economic, social and cultural rights of the Chinese people, and its achievements in this regard have aroused worldwide attention. The country has by now developed a complete systemof legislation that serves the purpose. This system takes the Constitution as the core and consists of a full range of laws includ-ing the Labor Law and Education Law.Right to Work China atta…     

Pay Attention to Vulnerable Groups & Safeguard Citizens'''' Marriage, Family Rights——On New Marriage Law

Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China's first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns     

Siemens:New Directions

"China now is not only a market of products to the outside world,but also a country of the source of production,research and development,as well as innovation."-Richard Hausmann This year marks the 30th anniversary of China's reform and opening up to the outside world.Siemens has been active in China since its first presence here as early as 1872,and has witnessed the rapid growth of China's economy since 1978. In a recent interview with Beijing Review reporters Chen Ran and Matthias Mersch,Richard Hausmann,President and CEO of Siemens Ltd.,China,shared his views on the changes that transpired in this country as well as his current team's prospects.     

WEEKLY WATCH

OPINION Declaring Officials' Property Before this year's full session of the National People's Congress,China's law- making body,a number of retired officials and scholars called for the formulation of a law on property declaration by senior civil servants.The highlight of this proposed law is:Apart from the declaration,officials should make their property known to the public through the media. Currently,the property supervisory system only covers civil servants'personal income within the government system,     

Landmark Law Provides Equal Safeguards to Public,Private Property

After more than a quarter-cen- tury of market-oriented eco- nomic policies and unprece- dented economic growths, China on March 15,2007 enacted its first law that provides equal legal safeguards to both public and private prop- erties.The 247-article People's Republic of China Property Law,which is due to come     

A Lawful Act

正China's bid to regulate overseas NGOs'activities will promote developmentand social progress Regulating the activities of overseas non-governmental organizations(NGOs)by law is a universal practice in the international community.To better regulate their activities in China and promote their healthy development,the Chinese Government recently enacted the Law on the Management of the Activities