Retrospection and Perspective of Foreign Investment Legislation in China (1979–2009)

Thirty years have passed for foreign investment legislation in China since the promulgation of the first foreign investment law in 1979. The remarkable achievements in the past 30 years under the China’s reform and open policy have benefited from introduction of foreign investment to a large extent as the result of foreign investment legislation and its changes. This paper starts with a retrospection of foreign investment legislation in China since 1979, followed by a discussion on the features and motives of changes in such legislation, and makes conclusions on the experience and lessons from the legislation, which will be conducive to further improvement of foreign investment legislation in China.     

Retrospection and perspective: Chinese criminal procedure law (1979–2009)

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.     

The review of the development of legal science in China (1949�C2009)

The legal science of the People’s Republic of China has experienced the stages of formation, reinstating and innovation over the past 60 years. Today, the legal field is flourishing. While the construction of different branches of law has been accomplished, there is still a long way to go in realizing democracy and rule of law in China. Jurists need to develop a heightened awareness of their social responsibility and the urgency with which to adapt the development of law to Chinese societies. Only under these circumstances can we effectively promote democracy and rule of law in China.     

Anomie and Violence in Indonesia and Timor-Leste, 1997�C2009

The Indonesian social system began to disintegrate in 1997. In the aftermath of social collapse, many forms of state crime, organized crime, terrorism, ethnic violence, religious violence, assassinations and other political violence escalated. An anomie theory interpretation is offered of this rise and the subsequent fall of a complex of serious crime problems. Security sector reintegration, reintegration of perpetrators and reconciliation (without truth) played important parts in enabling the rebuilding of institutions of security.     

The Review of the Development of Legal Science in China (1949–2009)

The legal science of the People’s Republic of China has experienced the stages of formation, reinstating and innovation over the past 60 years. Today, the legal field is flourishing. While the construction of different branches of law has been accomplished, there is still a long way to go in realizing democracy and rule of law in China. Jurists need to develop a heightened awareness of their social responsibility and the urgency with which to adapt the development of law to Chinese societies. Only under these circumstances can we effectively promote democracy and rule of law in China.     

Chinese criminal jurisprudence (1979–2009)

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.     

China and the EU: Where next in bilateral trade and investment relations?

Trade and investment relations between China and the European Union (EU) have reached a momentous significance. China is the EU’s No. 1 supplier of goods and its second-largest export market. In turn, the EU is China’s largest trading partner. Not only goods but also services trade has large potential to grow, even as China undergoes a structural transition and the EU’s single market faces headwinds from a surge in state-centric political forces within Europe. Transport and trade-related services are bound to expand significantly as China’s integration into the world economy continues. Moreover, Chinese tourists have been flocking to Europe in ever greater numbers, giving a boost to related business. Foreign direct investment (FDI) is becoming the next engine of the China–EU partnership. While the EU is a long-standing investor in China, Chinese direct investment accounts for <1 % of the EU’s total inbound FDI stock. Investment relations have seen tremendous dynamism in line with Chinese companies’ outward expansion and Chinese M&A deals vis-à-vis the EU have grown rapidly in magnitude, scope and sophistication. Finally, plenty of headroom exists for greater adoption of the use of the Chinese Renminbi (RMB) in Europe, supporting financing of both investment and trade. The Bilateral Investment Treaty (BIT) currently in negotiation between China and the EU as well as growing rather than declining interdependence of trade and investment highlight the future potential for a comprehensive free trade agreement between the EU and China.

     

The parliamentary activity of the head of government in Ireland (1923–2000) in comparative perspective

This article examines the parliamentary activity of the head of government in Ireland in selected years from 1923 to 2000 and compares the findings with previous studies of the British and Canadian systems. The results show that, similar to the UK and Canada, there is variation in the level of parliamentary activity in Ireland from one head of government to another. However, contrary to the British and Canadian experience, in the Irish case the data show that the head of government's overall level of parliamentary activity has generally increased over time. In short, Irish heads of government are not necessarily more active than their contemporary British and Canadian counterparts. However, in a number of respects they are certainly more active than their Irish predecessors used to be. These findings suggest that there is now a greater degree of indirect accountability in the Irish system than was previously the case.     

Reproductive behavior and contraceptive practices in comparative perspective,Switzerland (1955–1970)

This paper focuses on marital birth control practices c. 1955–1970, i.e. before the era of widespread uniform adoption of modern contraceptives, in two nearby Swiss cities characterized by different religious cultures. It asks how responsibility for contraceptive practices was shared within the marital couple, whether it was the object of discussion between spouses, how the choice of a method of contraception was made and how religious culture affected these elements. This paper uses written sources reflecting medical authorities' views about birth control and 48 semi-structured interviews with elderly persons from the lower middle and working classes. The results point to three key conclusions. Firstly, the findings show a joint responsibility of both spouses for contraceptive practices. Secondly, the paper shows that religious culture plays a key role in the access to means of birth control. Specifically, Fribourg gynecologists were reluctant to prescribe modern methods. Thirdly, the results underline that a combination of methods are used throughout reproductive life, depending on the spouses' desire to have additional children and on men and women's individual attitudes toward birth control methods.     

Value-Added Tax (VAT) Development and Reform History—A Study of VAT Evolution Around the World and in China

Value-added Tax (VAT), a turnover tax levied on the value appreciated in commodities production, circulation and sale, has been widely practiced by economies worldwide for its neutrality. From the international perspective, European Union VAT and New Zealand VAT stand out as characteristic models of VAT development and reform history. With changing economic development models and the growth of e-commerce businesses, VAT systems have been upgraded to meet taxation challenges brought about by the digital economy. Recently, VAT policies and measures have been introduced particularly to combat the COVID-19 impact. In China, the VAT system has been reformed constantly over the past 40 years and has been converging with international practice. China now needs to address emerging VAT issues through legislation, tax incentives, and tax-rate grades so as to meet challenges in VAT collection and management and to suit the “new normal” of economic development.     

A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

The 1990s brought about a change in the international law of foreign investment due to the primacy achieved by the tenets of neo-liberalism. They drove concerns about the environment and poverty away from the concerns of the law and gave priority to the interests of multinational corporations by enhancing their ability for movement of assets and the absolute protection of these assets through treaty rules. The regime created by this law was operated through secure systems of dispute settlement through arbitration which also enabled the stabilization of these rules. In the process, private power of a section within the hegemonic state was able to subvert international law through the use of low order sources of the law and secure a system of investment promotion and protection. The restoration of the more universal themes of environmental protection and poverty alleviation is necessary. This paper outlines the developments that accentuated the sectional interests of multinational capital and explores the means by which a change that reflects the global interests could be effected.

Does (better) regulation really matter? Examining public financial management legislation in Greece

Greece is thought to suffer from weak implementation of the law, including weak legislative monitoring and enforcement, a situation that undermines confidence in the rule of law. In recent years, increasing importance has been given to better regulation, namely the improvement of the quality of legislation with regards to state functioning. The purpose of this article is to examine the contribution of better regulation in the compliance of public entities with budgetary laws and regulations. The survey was the first such study to be conducted in Greece, and distributed questionnaires to auditors of the Hellenic Court of Audit, which is the Supreme Audit Institution charged with the authority to conduct external auditing of public entities and their executives. The survey results have confirmed the sense of weakness mentioned above, as most respondents considered the existing legislative framework of public financial management to be unclear, a situation that deterred compliance. Improved law design is expected to ameliorate compliance by public sector bodies, which apparently violate the law more due to its ambiguity and complexity rather than to any deliberate intention. Therefore, non-compliance should be better addressed through simplification of regulations rather than coercive enforcement.     

Victim age and capital sentencing outcomes in North Carolina (1977–2009)

Age is prominent among theories of criminology and victimology. It is less conspicuous in punishment theory, despite its emphasis in retributive theory and lawmaking. The present study evaluated competing ‘years of life lost’ and ‘vulnerable victim’ hypotheses to examine the influence of victim age in capital sentencing decisions. Using case file data on the population of capital murder trials in the State of North Carolina (1977–2009), our findings produce mixed results. Our quantitative analyses suggest that death sentences are significantly less likely in direct proportion to victim age. Killers of elderly victims are less likely to receive the death penalty; conversely, the odds of a death sentences are slightly greater for killers of child victims. Supplementary qualitative analyses suggest that while many child and elderly victims were not per se ‘vulnerable,’ a substantial subset of each clearly were treated as such. We discuss implications for vulnerable victim research and the role of quasi-legal factors in case outcomes.     

The art of trolling law enforcement: a review and model for implementing ‘flame trolling' legislation enacted in Great Britain (1981–2012)

The advancement of information and communications technology often results in early adoption, followed by concern over a digital divide, followed by mass adoption and then, inevitably, abuse and misuse of that platform. The most recent of these technologies is social networking services. The early adopters used Friendster and MySpace, and the masses now use Facebook and Twitter. The abuse of people on these platforms was called Cyberbullying in the case of the first two in the 2000s, and Internet trolling in the case of the second two in the 2010s. This paper reviews the legislation enacted in the UK parliament between 1981 and 2012 to deal with these offences, called ‘flame trolling’, for those based on transgress humour, or electronic message faults more generally. The paper presents a framework that includes a ‘Trolling Magnitude Scale’ based on established trolling culture, in order to link the legislative offences to the severities of those faults, as well as to the ability of specific Internet users to tolerate them or otherwise. The paper concludes that by using this framework law enforcement agencies such as the police can apply the laws more fairly and proportionally to protect free speech and at the same time be tough on the causes of electronic message faults in the form of Internet abuse and data misuse.     

Homicide of children and adolescents in Mexico (1990–2013)

The trends and correlates of child and juvenile homicide rates in three developmental age groups (0-5, 6-11, and 12-17) during 1990–2013 in Mexico are examined by using vital statistical data. Homicide rates for adults and children were calculated yearly and the place where homicides occurred and the means used to commit homicide examined. Changes and continuities in homicide rates during 2002–2007 and 2008–2013 and their association with socio-economic, status of women, public security efforts, and firearm availability variables were studied. Homicide rates increased rapidly for adults and children in 2008 as did the rates in which a firearm was used. Rates for adults and children 0–5 years were particularly correlated. In some states, the youngest children’s rates increased by 75% or more than the rates for adults. High-increase states for younger children were closer to the U.S. border, were farther from abortion services, and had growing rates of female-headed households.     

“Convergence of three nets” and its law transformation in China

The convergence of the three nets of telecommunication, television and Internet is a general trend of development. Though the “convergence of three nets” promotes the competition in the relevant markets, it causes relatively big impacts on the existing legal order. To meet the challenges brought forth by the “convergence of three nets”, many countries and regions have successively adopted effective measures for legal transformation, not only integrating laws and regulations on the telecommunication industry, but also attaching high importance to the transformation of the legal adjustment and control mode where increasingly more emphasis is laid on the influence and functions of competition law in the “convergence of three nets”. China’s antimonopoly law shall also play an important role during the process of the “convergence of three nets”. With respect to the definition of the relevant market and identification of monopoly practices, we shall closely combine the features of the “convergence of three nets” and pointedly apply the antimonopoly law.     

Foreign direct investment (FDI): friend or foe of non-innovating firms?

The Journal of Technology Transfer - This paper examines the incentives of firms to bypass the innovation process by not pursuing innovation, focusing specifically on whether FDI enables innovation...