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朱文奇 《Frontiers of Law in China》2008,3(3):325-352
Nanjing massacre is undoubtedly an outstanding event that indicates the savage acts of the Japanese soldiers during World
War II, and its cruelty shocked the whole world. But up to now, there are still some people in Japan denying this period of
history. The Trial by the International Military Tribunal for the Far East (“Tokyo International Tribunal”) puts the monstrous
crimes committed by the Japanese militarists in record, nails their violence in Nanjing to the history’s pillar of shame for
ever, and declares publicly to the later generations that such violence shall never be forgot.
Zhu Wenqi, professor of international law, works at Law School of China Renmin University (since 2002 till now). He got Ph.D
in University of Paris II and finished his post-doctor research programs in Europe and USA, and started to work in the China
Foreign Ministry as Diplomat and also Legal Advisor (1988). And then, he worked in the International Criminal Tribunal for
the Former Yugoslavia as legal assistant of the judges, Legal Advisor and Appeals Counsel of the Officer of the Prosecutor
of the Tribunal (1994–2002). 相似文献
3.
夏吟兰 《Frontiers of Law in China》2009,4(2):280-292
The Regulations on Marriage Registration promulgated in 2003 advocates the ideas for autonomy of private law, such as “autonomy
of individual will”, “self responsibility” and “self-determination right”, ushering a new era of Chinese divorce registration
system from supervision by employed institution to self responsibility, however, such issues also result in excessive freedom
and insufficient restriction. In setting up the divorce registration system, therefore, it shall also be considered for the
protection of disadvantaged parties and minor children so as to ensure the fairness and justice of law and the harmony and
stability of society.
Xia Yinlan, LL.D, is a professor and doctoral tutor and the dean of the School of International Studies in China University
of Political Science and Law. She is also the vice chairman of Beijing Women’s Federation, the member of the executive committee
of China Women’s Federation, the director of Marriage and Family Legal Research Institution under the supervision of China
Law Society, the vice director of China Association of Marriage and Family Studies, the standing director of the International
Family Law Society, the vice director of Beijing Women’s Law Research Institution. Her major academic interest covers women’s
human rights, heritage law and family law. She was once a Fulbright visiting scholar in the United States and a legal expert
in Macau Legal Affair Bureau. She’s one of the experts in drafting the P.R.C. Law on the Protection Of Women’s Rights (revised),
the Marriage Law of P.R.C. (revised) and the Regulation of Marriage Registration of P.R.C., and she is still active in participating
in the legislation activities of China. Prof. Xia wrote or co-wrote more than 20 monographs and textbooks, including American
Modern Family and Marriage System, the Freedom and Restriction of Divorce, the Basic Framework Research on Domestic Violence
Law, etc. In Chinese and foreign academic journals, more than 60 articles have been released, such as the study on property
segmentation in divorce in China, the study on family violence under the framework of women’s rights, the comparison on the
factual marriage in Macau and the Mainland of China. 相似文献
4.
李建伟 《Frontiers of Law in China》2009,4(2):236-257
The determination of corporate executive compensation is a kind of affiliated transactions including special conflicts of
interest in the company. The regulation of executive compensation by law is extremely necessary but plays a limited role,
and the scope and mode of such role are specific. The due process and information disclosure system in determining executive
compensation prescribed in company law and securities law, the policy guidance of the tax legal regime, and the active and
prudential judicial review are the three aspects of the regulation of executive compensation by law, the common goal of which
is to ensure and enhance the correlation between executive compensation and corporate performance, i.e., the realization of
the principle of “performance-based compensation.”
Li Jianwei, Ph. D, is an associate professor of law at China University of Political Science and Law, and a visiting scholar
at Faculty of Law, University of New South Wales, Australia. His major research is in corporate law, corporate governance
and corporate management system, and his major works include: Corporate Law (RUC Press, 2008), Legal Regulation on Affiliated
Transaction (Law Press, 2007), The Role of Law in Corporate Management (People’s Court Press, 2005), A Research on Independent
Director System (RUC Press, 2004), A Research on the State-owned Exclusive Company (Law Press, 2002). Moreover, he has more
than 30 articles released in core academic journals. 相似文献
5.
王晓晔 《Frontiers of Law in China》2009,4(3):343-375
The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant
market position, control concentration of business operators and fight against administrative monopoly. The transformation
of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the
Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative
monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation
of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly.
Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University
of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute
of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute
for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property
and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to
the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program,
and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law.
Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications
include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American
and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law
(China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic
Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200
papers published in Chinese, German and English languages.
Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee
for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly
Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for
the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member
of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory
Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington
University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions. 相似文献
6.
赵秉志 《Frontiers of Law in China》2009,4(3):376-400
China’s penal system has to be reformed systemically on the basis of achievements in recent years. In terms of the penalty
types and the penal system, it is necessary to further restrict death penalties through the legislative and judicial measures,
improve or enrich liberal punishment, property punishment and identity punishment, and adjust the penal system as a whole.
In terms of the sentencing system, the principle shall be expressly narrated and the standard for sentencing shall be explicitly
specified and certain discretion for sentencing shall be legalized. With respect to the penalty execution system, the idea
of open execution of punishment shall be established and the community correction system shall be established. With respect
to the penalty elimination system, supplementation shall be taken for the time period of execution and corporate crimes, and
the activation for prerogative of mercy. As for application of penalties to special groups, the penalties for juvenile offenders
shall be fully relieved and reformed on purpose, and the penalties shall be mitigated for elderly offenders.
Zhao Bingzhi, Ph.D, professor, supervisor for docotoral candidates, dean of the College for Criminal Law Science and the School
of Law at Beijing Normal University, president of the Criminal Law Research Committee of China Law Society, standing member
of China Law Society, vice-chairman of China Branch of AIDP, member of the 5th Evaluation Group of Legal Science of the Degree Committee of State Council, invited consultant of the Supreme Court of the
PRC, consultant of the Law and Policy Research Division of the Supreme Procuratorate of the PRC, and the 1st Ten Distinguished Young Jurists by China Law Society, visiting scholar at the School of Law of Duke University, USA. His
main research covers: Chinese criminal law, foreign criminal law and international criminal law 相似文献
7.
Shirong Wang 《Frontiers of Law in China》2007,2(4):493-517
In traditional Chinese law, cases are the judicial decisions of general effects determined by special procedures. Before the
Period of Spring and Autumn and Warring States, the main form of Chinese law was cases. After that period, Chinese legal system
had gradually accommodated various forms in coexistence, with codes as the main body but cases as supplementary. Such a system
maintained for a long time. Those cases in the codification era were based on codes and functioned to broaden the scope of
legislation, supplement the legislative techniques and strengthen the effect of rules. As to the relationship between the
establishment rule and the recurring rule of cases, ancient Chinese law persisted in the recurring rule and thus it maintained
a relatively steady supply of rules while maintaining an inner stable legal forms.
Wang Shirong, professor, head of the Research Department of Northwest University of Political Science and Law (NWUPL), Standing
Director of the Legal History Society of China, Vice-director of the National Clinical Education Committee, Honored Professor
of Gansu Institute of Political Science and Law, Consultant of Xi’an Intermediary Court, a project manager of the legal clinic
program of NWUPL. His Major researches cover: Chinese legal history, the legal history of criminal law and the clinical legal
education. His representative works include: A Study of Chinese Court Decisions in Ancient Time (1997, CUPL Press), A Study of Ancient Cases in China (1997, CUPL Press), Legal Cases and Law Development (2006, Law Press), and more than 20 papers released in key journals. 相似文献
8.
Although human vegetables lose their capacities of will and do not have the intrinsic attribute of civil subjects, they still
have legal personalities and the status of civil subjects. The law has not provided for defects of their legal personalities,
and thus civil law shall include human vegetables as objects of guardianship. The system of adult guardianship shall be constructed
to supplement and correct the legal personalities of human vegetables. When human vegetables enter into a permanent vegetative
state or state of brain death, law may declare the termination of legal personalities of the human vegetable. Due to the unique
life state and capacity of act of human vegetables, the exercise of their civil rights faces a series of legal difficulties
and challenges, mainly involving important issues such as the right of treatment for life rescue, marital right and reproductive
right. The civil law shall ensure that the civil right of human vegetables can be fully enjoyed and effectively protected.
Zhang Li, associate professor in civil and business law at Fujian Normal University, and also an invited researcher on civil
law, international economic law and international private law, co-operated with Law School of Renmin University of China.
Till now, she’s already released 23 theses in law journals and a monograph of the Survey of International Private Law. In
addition, she was a member in doing studies (2006) on the legislation of Chinese tort law and presides over the researching
(2007) of the legal personality and rights of disabled persons. 相似文献
9.
In recent years the cases of blog infringement are on the increase, attracting more attention from all walks of life. The
author provides a preliminary discussion on the status, elements, and judicial finding of blog infringement, as well as civil
liabilities for blog infringement, in the hope of contributing to the research and legislative regulation of blog infringement.
Fang Yiquan is a professor and postgraduate supervisor of Law School of Wenzhou University, and a legal adviser of Wenzhou
Municipal Government, whose main researches focus on civil law, commercial law and educational law. Professor Fang has been
chosen as one of the “151 Talents of the New Century” of Zhejiang Province, one of the “Ten Outstanding Youths” in Wenzhou
city, a “Prominent Educator” in Zhejiang Province. His scientific research achievements have received prefectural, provincial
and ministerial rewards for over ten times. He has presided ten projects funded by the Humanities & Social Sciences of the
Education Ministry of China and the Philosophy and Social Sciences of Zhejiang Province. He has released over 60 articles
in academic law journals, such as Politics and Law Forum, Jurists Review, etc. His monographs include Compensation Liability of Student Injury Incidents, Research on Legal Problems of Campus Infringement, etc. 相似文献
10.
周忠海 《Frontiers of Law in China》2008,3(3):353-367
In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to
the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral
and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a
key issue worthy of research.
Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political
Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of
the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference.
His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007). 相似文献