Retrospection and perspective of foreign investment legislation in China (1979�C2009)

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.     

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.     

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.     

Editorial introduction to the China–EU Law Journal special issue on the EU–China Investment Treaty in Interdisciplinary Perspective

China-EU Law Journal -     

Research on Risks of China＇s Enterprises＇ Utilizing Foreign Direct Investment - Taking the Failure of Investment Invitation of Bearing Factory in Northwestern China as an Example

利用外资（FDI）并不总能实现理想化的互利共赢局面,这一点在学界研究中国利用外资三十多年的具体实践中已经得到印证。利用外国直接投资设立合资企业的风险表现为合资企业运营过程中特别是合资企业转变为独资企业时对中方投资主体的权益可能造成的影响。在国家进一步优化外商投资环境,吸引外资的背景下,如何维护中方投资主体在合资企业中的合法权益,是值得深入研究的问题。     

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.     

Inadequacy of China＇s Legislation on Compulsory Licensing of Pharmaceutics Patent and Its Improvement

面对艾滋病、SARS、禽流感等大规模传染性疾病对公共健康安全的威胁,世界贸易组织以及各国纷纷加强药品专利强制许可立法,当然,我国也不例外。但是,我国现行药品专利强制许可制度,仍然存在立法层次过多、颁发事由不明确、申请主体过窄等不足,在今后进一步完善相关立法时,应考虑在专利法中对药品专利强制许可做出专门的、完整的规定,并明确将公共健康利益需要作为颁发专利强制许可的事由,以及允许任何单位和个人成为药品专利强制许可的申请主体。     

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.     

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.     

Homicide–Suicide in China: an Exploratory Study of Characteristics and Types

This study explores 63 homicide–suicide cases that include two or more homicide victims, in the People’s Republic of China. This is the first study to examine homicide–suicide in the Chinese context, following calls to develop a research strategy outside of the USA and Europe. Data are derived from a content analysis of Chinese news sources from 2000 to 2014. Findings show homicide–suicide offenders are likely to be married males living in rural cities who kill their intimate partners and/or children inside a residence using knives. Intimate partner conflict and extramarital affairs are precipitating factors in almost half of the incidents. Patterns of homicide–suicide in China are comparable to those in high-income countries, except that firearms are not the primary means in China and there is no evidence of “mercy killing” among older persons, as described in western homicide–suicide studies. Findings are related to the social and economic structure of Chinese society. Clinical and policy implications include the need for greater transparency and a nationwide homicide and suicide tracking system in China, stricter domestic violence laws, postmortem studies of the brains of homicide–suicide offenders, and psychological autopsies on homicide–suicide perpetrators.     

Background Levels of Salivary-α-amylase Plus Foreign DNA in Cases of Oral Intercourse: a Female Perspective

Saliva plus DNA from a suspect is commonly encountered in sexual assault cases on bodily swabs. However, without background knowledge, the weight of this evidence is unknown. It may indicate the presence of saliva resulting from cunnilingus, or it may represent indirect transfer. In this study, females who refrained from cunnilingus donated 43 items of underwear and 19 vaginal swabs. The samples were subjected to Phadebas^®, RSID^™-Saliva and mRNA profiling and were subsequently DNA-profiled to determine the prevalence of background saliva in the female population. The results report that 15.8% of females who refrained from cunnilingus were positive for saliva and a further 10.5% also had DNA from unknown source(s). These findings of the rate of indirect transfer were evaluated with the Bayesian approach, and it was found that the evidence of saliva plus a high foreign DNA source adds moderately strong support to the allegation of cunnilingus.     

Demographic change and industrialization in germany, 1815–1914: Bremen in Comparative Perspective

This article analyzes demographic change in Bremen 1815–1914 against the background of changing employment opportunities. Within the pre-industrial employment structure, which still prevailed in the decades after 1850, in-migrants were particularly disadvantaged. When modern industries developed, the situation changed. At the beginning of the twentieth century both male and female in-migrants benefited from a higher life expectancy than the city-born population had. The strong sectoral changes in employment opportunities in Bremen at the turn of the century reinforced the trends towards family limitation. More skilled in-migrants felt the need to adapt their reproductive behavior to facilitate upward social mobility. The article argues for a wider use of archival data, like those used in their study, to explore issues relating to urban demographic change in German cities during industrialization.     

The Jurisprudence and Administration of Legal Interpreting in Hong Kong (1966–2016)

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Legal interpreting and translation are some of the oldest and most frequently practised...     

Voluntary and therapeutic castration of sex offenders in The Netherlands (1938–1968)

Between 1938 and 1968 some 400 sex offenders in the Netherlands who by court orders had been put at ‘the discretion of the government’ and were incarcerated in asylums for the criminally insane, ‘voluntarily’ submitted themselves to ‘therapeutic’ castration, the surgical removal of their testes. Prior to 1938, inspired by a Danish castration act from 1929, and urged by asylums that were overcrowded by sex offenders, the ethics of the surgery had been discussed for nearly a decade amongst theologians, (forensic) psychiatrists, jurists and politicians, mostly in the context of eugenic sterilization. Discussions of conflicting Catholic, Protestant and non-denominational points of view vis-à-vis eugenics resulted in consensus about ‘therapeutic’ and ‘voluntary’ castration. Sexual deviancy, according to some, was like a tumor located in the testes, which could therefore be removed without moral objections and the person was thus cured of his disease. Although obviously related to forensic psychiatry and concerned with issues like protection of society and treatment of offenders, discussions were never held in a strictly forensic context. Unlike in other countries in which castration policies were enforced, in The Netherlands the surgery was never embodied in law but subject to an informal protocol that covered political accountability. To satisfy Catholic objections references to eugenic aims were omitted from the documents, as were references to castration as a penalty.     

Economic Growth and Structural Changes in Employment and Investments in China, 1985–94

This paper uses a shift-share method to quantify the components of economic growth and structural changes in employment and investments at both the national and regional levels. The results indicate that rapid economic growth has been characterized by significant shifts in employment and investments between industries in China. Such structural changes have a distinct regional pattern which has important policy implications regarding spatial disparities in economic growth and income. The results shed some important light on the understanding of Deng's development thought that is formalized in this paper as a multi-tier and multi-stage development strategy for a large developing economy.     

Catalyst or Cause? Legislation and the Demise of Machine Politics in Britain and the United States

In the nineteenth century, British and American parties competed by hiring electoral agents to bribe and treat voters. British parties abruptly abandoned this practice in the 1880s. The conventional explanation is that legislation put an end to agent‐mediated distribution. But this explanation leaves many questions unanswered. Why did the parties use agents for decades, even though they imposed great expense on candidates and were viewed as untrustworthy? And why, after decades of half‐hearted reforms, did the House of Commons pass effective antibribery reforms only in 1883? In our formal model, parties hire agents to solve information problems, but agent‐mediated distribution can be collectively suboptimal. Legislation can serve as a credibility device for shifting to less costly strategies.     

Are Women Getting (More) Justice? Malaysia's Sharia Courts in Ethnographic and Historical Perspective

Religious law is commonly understood as deeply conservative and unfriendly to women, even when it is reform oriented and “this‐worldly.” This essay challenges that understanding. It does so by engaging the practice and lived entailments of Islamic family law and gender pluralism in Malaysia, based on ethnographic fieldwork conducted since the late 1970s. My research reveals that sharia courts are more timely and flexible in responding to women's claims than in decades past, and that these courts are more inclined to punish husbands who transgress sharia family law bearing on women. In addition, women nowadays have far more access to resources for negotiating marriage, its dissolution, and the aftermath. This is not to say that women and men experience marriage, divorce, or the sharia juridical field as social equals; they do not. But this situation is changing in ways that benefit women as long as they embrace increasingly salient and restrictive codes of obedience and heteronormativity. More broadly, the essay problematizes tensions and oppositions between Islamic law and women's rights that are the subject of considerable scholarly debate and contributes to our understanding of the complex entanglements of religion and law.     

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.