Gyupan Kim, Hyong-Kun Lee, Jungeun Lee, Jegook Kim
Korean Abstract: 본 연구는 트럼프 미국 행정부 출범 이후의 보호무역주의를 중심으로 글로벌 통상환경 변화를 개관하고 이에 대한 일본정부의 정책적 대응을 살펴봄으로써, 일본정부의 대응이 우리에게 시사하는 바를 도출하는 것을 첫 번째 연구목적으로 삼았다. 단, 일본정부가 과거 1980∼90년대 미국의 일방적 통상압력에 대해 어떻게 대응하였고 그 결과는 무엇이었는가에 초점을 맞춤과 동시에, 그러한 경험을 바탕으로 트럼프 미국 행정부의 출범에 맞춰 일본이 선제적으로 제안한 미·일 경제대화를 중심으로 논의를 전개하였다. 보고서 제2장이 여기에 해당한다. 본 연구의 두 번째 연구목적은 한·일 간 경쟁을 FTA를 둘러싼 경쟁 관점에서 접근한 후, 일·ASEAN FTA(AJCEP)를 비롯한 일본의 기체결 FTA와 현재 협상 중인 RCEP과 한·중·일 FTA, 그리고 2017년 11월 일본 주도로 기본합의에 도달한 TPP11과 2017년 12월 타결된 일·EU FTA에 드러난 일본의 FTA 정책·전략을 다각도로 분석하여 정책적 시사점을 도출하는 것이다. 보고서 제3장부터 제5장까지가 여기에 해당한다. English Abstract: The first objective of this research is to observe the changes in the global trade environment, focusing on the trade protectionism after the inauguration of the Trump administration in the U.S., while examining the Japanese government’s response to such changes, thereby drawing implications for Korea. To be more specific, this research focuses on how the Japanese government responded to U.S. unilateral trade pressures in the 1980s and 1990s, and how Japan, based on this experience, proposed and formed the U.S.-Japan Economic Dialogue. This objective is addressed in Chapter 2 of the study. The second objective of the study is to examine the competition between Korea and Japan from the perspective of free trade agreements (FTA), and analyze Japan’s FTA policy and strategy, focusing on the ASEAN-Japan FTA (AJCEP), RCEP, Korea-China-Japan FTA, the TPP 11, and the Japan-EU FTA. This discussion is covered in Chapters 3, 4, and 5 of the study.
korean abstract:本研究是特朗普上台后,美国政府的贸易保护主义为中心的全球贸易环境变化开馆,对此日本政府的政策查看对应春季,日本政府的应对,对我们的启示,引出作为第一个研究。团、日本政府过去80 ~ 90年代对如何应对美国单方面的贸易压力,结果是什么,将焦点放在了呢,同时,这样的经验为基础,特朗普美国行政部出台之际,日本主动提出的美日经济对话为中心,开展了讨论。报告书第2章就属于这一范围。本研究的第二个研究目的是，从围绕FTA的竞争观点出发看待韩日之间的竞争，然后考虑包括日韩东盟自由贸易协定(AJCEP)在内的日本自由贸易协定和目前正在谈判中的RCEP以及韩中日自由贸易协定(FTA)。同时，从多个角度分析2017年11月在日本主导下达成基本协议的TPP11和2017年12月签署的日欧FTA中体现的日本的FTA政策、战略，引出政策启示。报告书第3章到第5章属于这一范围。english abstract:first objective of this research is to observe The changes in The global trade environment, focusing on The trade protectionism after The inauguration of The Trump administration in The u.s.，while examining the Japanese government ' s response to such changes, thereby drawing implications for Korea。To be more specific, this research focuses on how the Japanese government responded To u.s. unilateral trade pressures in the 1980s and 1990s, and how Japan, based on this experience;proposed and formed the u.s. -Japan Economic Dialogue。This objective is addressed in Chapter 2 of the study。The second objective of The study is to examine The competition between Korea and Japan from The perspective of free trade agreements (FTA)， and analyze Japan ' s FTA policy and strategyfocusing on the ASEAN-Japan FTA (AJCEP)， RCEP, Korea-China-Japan FTA, the TPP 11, and the Japan-EU FTA。This discussion is covered in Chapters 3,4,5 of the study。
{"title":"글로벌 통상환경 변화와 일본의 통상정책 (Changes in the Global Trade Environment and Japan’s Trade Policy)","authors":"Gyupan Kim, Hyong-Kun Lee, Jungeun Lee, Jegook Kim","doi":"10.2139/ssrn.3299905","DOIUrl":"https://doi.org/10.2139/ssrn.3299905","url":null,"abstract":"Korean Abstract: 본 연구는 트럼프 미국 행정부 출범 이후의 보호무역주의를 중심으로 글로벌 통상환경 변화를 개관하고 이에 대한 일본정부의 정책적 대응을 살펴봄으로써, 일본정부의 대응이 우리에게 시사하는 바를 도출하는 것을 첫 번째 연구목적으로 삼았다. 단, 일본정부가 과거 1980∼90년대 미국의 일방적 통상압력에 대해 어떻게 대응하였고 그 결과는 무엇이었는가에 초점을 맞춤과 동시에, 그러한 경험을 바탕으로 트럼프 미국 행정부의 출범에 맞춰 일본이 선제적으로 제안한 미·일 경제대화를 중심으로 논의를 전개하였다. 보고서 제2장이 여기에 해당한다. 본 연구의 두 번째 연구목적은 한·일 간 경쟁을 FTA를 둘러싼 경쟁 관점에서 접근한 후, 일·ASEAN FTA(AJCEP)를 비롯한 일본의 기체결 FTA와 현재 협상 중인 RCEP과 한·중·일 FTA, 그리고 2017년 11월 일본 주도로 기본합의에 도달한 TPP11과 2017년 12월 타결된 일·EU FTA에 드러난 일본의 FTA 정책·전략을 다각도로 분석하여 정책적 시사점을 도출하는 것이다. 보고서 제3장부터 제5장까지가 여기에 해당한다. \u0000 \u0000English Abstract: The first objective of this research is to observe the changes in the global trade environment, focusing on the trade protectionism after the inauguration of the Trump administration in the U.S., while examining the Japanese government’s response to such changes, thereby drawing implications for Korea. To be more specific, this research focuses on how the Japanese government responded to U.S. unilateral trade pressures in the 1980s and 1990s, and how Japan, based on this experience, proposed and formed the U.S.-Japan Economic Dialogue. This objective is addressed in Chapter 2 of the study. The second objective of the study is to examine the competition between Korea and Japan from the perspective of free trade agreements (FTA), and analyze Japan’s FTA policy and strategy, focusing on the ASEAN-Japan FTA (AJCEP), RCEP, Korea-China-Japan FTA, the TPP 11, and the Japan-EU FTA. This discussion is covered in Chapters 3, 4, and 5 of the study.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115568338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-11-09DOI: 10.1017/9781316855645.005
Chao Xi, Xuanming Pan
This research examines the process of adoption and adaption in which foreign norms and local conditions have interacted to shape the evolutionary trajectory of the China Securities Regulatory Commission’s (CSRC) enforcement programme. It argues that two salient features of Chinese securities regulation – the increasing emphasis on enforcement and the increasing reliance on trial-like procedures in enforcement – are likely to have been inspired by exogenous sources, more specifically, the United States (US)) approach to securities regulation, and also caused by endogenous conditionalities.
{"title":"Public Enforcement of Securities Laws: A Case of Convergence?","authors":"Chao Xi, Xuanming Pan","doi":"10.1017/9781316855645.005","DOIUrl":"https://doi.org/10.1017/9781316855645.005","url":null,"abstract":"This research examines the process of adoption and adaption in which foreign norms and local conditions have interacted to shape the evolutionary trajectory of the China Securities Regulatory Commission’s (CSRC) enforcement programme. It argues that two salient features of Chinese securities regulation – the increasing emphasis on enforcement and the increasing reliance on trial-like procedures in enforcement – are likely to have been inspired by exogenous sources, more specifically, the United States (US)) approach to securities regulation, and also caused by endogenous conditionalities.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130983899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines how digitalization and robotization may affect the configuration and use of labor supply chains and the need for overseas cheap labor. Emphasis will be placed on China and its program of Made in China 2025 as well as its possible effects on foreign MNC labor supply chains and their workers under Chinese labor laws and including the “re-shoring” of MNCs, where they return to their home country using their own “cheap-labor-robots”. Tom Reuner, research vice president, intelligent automation, at HfS Research, stated “...companies won’t have to think any more about whether to offshore back-office processes to take advantage of cheaper labor. That’s because labor needs will be drastically reduced, and running a bot will cost the same — that is, not very much — everywhere.” This article in Part I describes the unfolding phenomena and significance of the fourth industrial revolution — global digitalization and robotization. Part II explains the implications of Made in China 2025 for foreign MNCs in the context of China’s declining economic situation with rising wages and a dwindling labor supply. Part III analyzes the likely impacts of Made in China 2025 on future structures of MNC labor supply chains and the issues arising under Chinese labor laws; and Part IV concludes.
{"title":"Made in China 2025: Implications of Robotization and Digitalization on MNC Labor Supply Chains and Workers’ Labor Rights in China","authors":"Ronald C. Brown","doi":"10.2139/SSRN.3058380","DOIUrl":"https://doi.org/10.2139/SSRN.3058380","url":null,"abstract":"This article examines how digitalization and robotization may affect the configuration and use of labor supply chains and the need for overseas cheap labor. Emphasis will be placed on China and its program of Made in China 2025 as well as its possible effects on foreign MNC labor supply chains and their workers under Chinese labor laws and including the “re-shoring” of MNCs, where they return to their home country using their own “cheap-labor-robots”. Tom Reuner, research vice president, intelligent automation, at HfS Research, stated “...companies won’t have to think any more about whether to offshore back-office processes to take advantage of cheaper labor. That’s because labor needs will be drastically reduced, and running a bot will cost the same — that is, not very much — everywhere.” \u0000 \u0000This article in Part I describes the unfolding phenomena and significance of the fourth industrial revolution — global digitalization and robotization. Part II explains the implications of Made in China 2025 for foreign MNCs in the context of China’s declining economic situation with rising wages and a dwindling labor supply. Part III analyzes the likely impacts of Made in China 2025 on future structures of MNC labor supply chains and the issues arising under Chinese labor laws; and Part IV concludes.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128283836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-09-28DOI: 10.1093/OXFORDHB/9780190634100.013.34
J. Ramseyer, Masayuki Tamaruya
In this chapter, we offer a general introduction to Japanese fiduciary principles. Using corporate law as an example, we outline the scope of the duties of loyalty and care, and of the business judgment rule. We compare the application of these principles in Japan to their application in the United States, and discuss their impact on economic and non-economic activity. We briefly examine their use beyond the corporate context, and outline several recent extensions in the for-profit and in the not-for-profit sectors. Throughout, we examine both statutory and case law, and trace the evolution of the principles over time.
{"title":"Fiduciary Principles in Japanese Law","authors":"J. Ramseyer, Masayuki Tamaruya","doi":"10.1093/OXFORDHB/9780190634100.013.34","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190634100.013.34","url":null,"abstract":"In this chapter, we offer a general introduction to Japanese fiduciary principles. Using corporate law as an example, we outline the scope of the duties of loyalty and care, and of the business judgment rule. We compare the application of these principles in Japan to their application in the United States, and discuss their impact on economic and non-economic activity. We briefly examine their use beyond the corporate context, and outline several recent extensions in the for-profit and in the not-for-profit sectors. Throughout, we examine both statutory and case law, and trace the evolution of the principles over time.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117030799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 2010 strikes demanding wage increases that swept through the eastern coastal regions of China expressed the lack of effective internal adjustment mechanisms of labor relations in Chinese enterprises. This paper points out that, due to China’s market transition and imbalance of power between labor and capital, labor relations are “employer-led”, whereas the government, based on the considerations of political stability and economic development, has been adopting the “power control” model to adjust labor relations. In general, the employment relationships have become the main form of labor relations in China, which is featured as “zero-sum” game, and “employer-led” imbalanced labor relations.
{"title":"The Adjustment of Labour Relations: From 'Power Control' to 'Game Behaviour'?","authors":"Qi Li","doi":"10.2139/ssrn.3033364","DOIUrl":"https://doi.org/10.2139/ssrn.3033364","url":null,"abstract":"The 2010 strikes demanding wage increases that swept through the eastern coastal regions of China expressed the lack of effective internal adjustment mechanisms of labor relations in Chinese enterprises. This paper points out that, due to China’s market transition and imbalance of power between labor and capital, labor relations are “employer-led”, whereas the government, based on the considerations of political stability and economic development, has been adopting the “power control” model to adjust labor relations. In general, the employment relationships have become the main form of labor relations in China, which is featured as “zero-sum” game, and “employer-led” imbalanced labor relations.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128535881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 16 November 2016, China issued the trailblazing Tetra Pak decision, which introduced the concept of loyalty rebates into the Chinese Anti-Monopoly Law. This article is aimed at critically assessing the loyalty rebates analysis in this decision and discussing how the law could develop thereon. It argues that, while breaking the ground for an effects-based approach to loyalty rebates in China, this decision failed to establish a solid theory of harm. This destined that the decision-maker would not be able to engage in a contextualized effects-analysis it had envisaged. By comparing this problem to a similar one in EU competition law, this article suggests that the exclusive dealing analogy should be employed for loyalty rebates analysis.
{"title":"Whither Antitrust Regulation of Loyalty Rebates in China: The Tetra Pak Decision and Lessons from the EU","authors":"Xingyu Yan","doi":"10.54648/woco2017038","DOIUrl":"https://doi.org/10.54648/woco2017038","url":null,"abstract":"On 16 November 2016, China issued the trailblazing Tetra Pak decision, which introduced the concept of loyalty rebates into the Chinese Anti-Monopoly Law. This article is aimed at critically assessing the loyalty rebates analysis in this decision and discussing how the law could develop thereon. It argues that, while breaking the ground for an effects-based approach to loyalty rebates in China, this decision failed to establish a solid theory of harm. This destined that the decision-maker would not be able to engage in a contextualized effects-analysis it had envisaged. By comparing this problem to a similar one in EU competition law, this article suggests that the exclusive dealing analogy should be employed for loyalty rebates analysis.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121906648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Just as the Chinese economy has accelerated in unprecedented fashion over the last thirty-five years the Chinese government has implemented a massive expansion of Chinese law, most of which is related to the creation of a market economy. Almost the entire Chinese legal system has been created over this period of time, something that took centuries for Western countries to accomplish. A major part of this legal revolution is still to be put in place — a grand or general Chinese Civil Code. This article will examine the recently promulgated first part of the Code project.
{"title":"‘Rule of Law’ in China: The Interaction of Freedom of Contract and Good Faith with Cultural Norms","authors":"Larry A. DiMatteo","doi":"10.2139/SSRN.2994344","DOIUrl":"https://doi.org/10.2139/SSRN.2994344","url":null,"abstract":"Just as the Chinese economy has accelerated in unprecedented fashion over the last thirty-five years the Chinese government has implemented a massive expansion of Chinese law, most of which is related to the creation of a market economy. Almost the entire Chinese legal system has been created over this period of time, something that took centuries for Western countries to accomplish. A major part of this legal revolution is still to be put in place — a grand or general Chinese Civil Code. This article will examine the recently promulgated first part of the Code project.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130542581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Koren W. Wong-Ervin, D. Ginsburg, Bruce H. Kobayashi, Joshua D. Wright
This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the Vietnam Competition Authority on the proposed amendments to the Competition Law of the Socialist Republic of Vietnam. The GAI Competition Advocacy Program provides a wide-range of recommendations to facilitate adoption of economically sound competition policy.
{"title":"Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Proposed Amendments to the Competition Law of the Socialist Republic of Vietnam","authors":"Koren W. Wong-Ervin, D. Ginsburg, Bruce H. Kobayashi, Joshua D. Wright","doi":"10.2139/ssrn.2964476","DOIUrl":"https://doi.org/10.2139/ssrn.2964476","url":null,"abstract":"This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School at George Mason University to the Vietnam Competition Authority on the proposed amendments to the Competition Law of the Socialist Republic of Vietnam. The GAI Competition Advocacy Program provides a wide-range of recommendations to facilitate adoption of economically sound competition policy.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121642642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Although Chinese banks are the major creditors for companies in China, their role in bankruptcy is often neglected. Even if this may be justified in the past, as banks did not assume an important role, it is not the case now as banks have become more proactive in the bankruptcy procedure and begin to conduct debt-for-equity swaps under the initiative of the government. This article considers the role of Chinese banks in bankruptcy both in and out of formal bankruptcy procedure. It argues that based on the reality of the country, especially its corporate governance structure, bank intervention is feasible for corporate rescues in China. The debt-for-equity swap scheme could be the start.
{"title":"The Predicament of Bank Creditors in Chinese Bankruptcy and the Way Out","authors":"Chuyi Wei, Yongwei Chen","doi":"10.2139/ssrn.2952350","DOIUrl":"https://doi.org/10.2139/ssrn.2952350","url":null,"abstract":"Although Chinese banks are the major creditors for companies in China, their role in bankruptcy is often neglected. Even if this may be justified in the past, as banks did not assume an important role, it is not the case now as banks have become more proactive in the bankruptcy procedure and begin to conduct debt-for-equity swaps under the initiative of the government. This article considers the role of Chinese banks in bankruptcy both in and out of formal bankruptcy procedure. It argues that based on the reality of the country, especially its corporate governance structure, bank intervention is feasible for corporate rescues in China. The debt-for-equity swap scheme could be the start.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115876794","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Like many other countries, the digitalisation of the Chinese economy arising from swift advances in information and communication technology has attracted substantial policy attention. China’s own ‘Industry 4.0’ is taking place against the backdrop of deep structural economic reforms that involve a fundamental shift from an export-led, manufacturing growth strategy to a domestic consumption-driven and service economy. The government has strongly encouraged the generation of new jobs through ‘mass entrepreneurship and innovation’ and the emergence of ‘new market entities’. New business models, production processes, and work organisation arising from the digitalisation push in China have posed challenges for a labour regulatory framework that has already experienced dramatic transformations in recent decades. An emergent group of workers in the growing ‘gig economy’ or ‘sharing economy’ are those carrying out various types of services through online platforms, such as ‘crowdwork’ and ‘work-on-demand’ via mobile applications such as Uber, Lyft, Task Rabbit, Upwork, and Amazon’s Mechanical Turk. As observed in other jurisdictions, a contentious issue is the legal classification of workers’ statuses: are they deemed as ‘employees’ or self-employed contractors? Although this is not a new question from the perspective of labour law, the novel aspect of regulating digital work is arguably the role and function of online digital platforms in the employment relationship or other forms of contractual relationships, and accordingly, the material conditions and rights that these workers are entitled to.This paper aims to understand how Chinese courts have so far addressed the legal classification of drivers working in platform-based ride-hailing services, in the context of unclear legislative and policy guidance. This sector has experienced dramatic expansion in China, with the meteoric rise of local market leaders such as Didi and the entry of international competitors such as Uber. The nature of these drivers’ relationship with the companies that own the platforms has found its way into a growing number of court cases in recent years. In this paper, I analyse a cross-section of 20 cases from 2013 to 2016 brought before the local people’s courts in several large Chinese cities. These cases raise multifaceted issues concerning the existence of an employment relationship, liability over traffic accidents, insurance claims for repairs, and the inclusion of drivers’ income in divorce settlements. Analysing the different types of disputes can help shed light on the type and extent of legal obligations of platform-based companies and the rights of drivers. Despite the presence of some basic criteria in Chinese labour law for determining an employment relationship, there is considerable uncertainty and inconsistency in the application of such criteria in practice, especially across the variety of claims involving these drivers. This inconsistency may ultimately be
{"title":"The Regulatory Challenges of ‘Uberization’ in China: Classifying Ride-hailing Drivers","authors":"Mimi Zou","doi":"10.2139/ssrn.2866874","DOIUrl":"https://doi.org/10.2139/ssrn.2866874","url":null,"abstract":"Like many other countries, the digitalisation of the Chinese economy arising from swift advances in information and communication technology has attracted substantial policy attention. China’s own ‘Industry 4.0’ is taking place against the backdrop of deep structural economic reforms that involve a fundamental shift from an export-led, manufacturing growth strategy to a domestic consumption-driven and service economy. The government has strongly encouraged the generation of new jobs through ‘mass entrepreneurship and innovation’ and the emergence of ‘new market entities’. New business models, production processes, and work organisation arising from the digitalisation push in China have posed challenges for a labour regulatory framework that has already experienced dramatic transformations in recent decades. An emergent group of workers in the growing ‘gig economy’ or ‘sharing economy’ are those carrying out various types of services through online platforms, such as ‘crowdwork’ and ‘work-on-demand’ via mobile applications such as Uber, Lyft, Task Rabbit, Upwork, and Amazon’s Mechanical Turk. As observed in other jurisdictions, a contentious issue is the legal classification of workers’ statuses: are they deemed as ‘employees’ or self-employed contractors? Although this is not a new question from the perspective of labour law, the novel aspect of regulating digital work is arguably the role and function of online digital platforms in the employment relationship or other forms of contractual relationships, and accordingly, the material conditions and rights that these workers are entitled to.This paper aims to understand how Chinese courts have so far addressed the legal classification of drivers working in platform-based ride-hailing services, in the context of unclear legislative and policy guidance. This sector has experienced dramatic expansion in China, with the meteoric rise of local market leaders such as Didi and the entry of international competitors such as Uber. The nature of these drivers’ relationship with the companies that own the platforms has found its way into a growing number of court cases in recent years. In this paper, I analyse a cross-section of 20 cases from 2013 to 2016 brought before the local people’s courts in several large Chinese cities. These cases raise multifaceted issues concerning the existence of an employment relationship, liability over traffic accidents, insurance claims for repairs, and the inclusion of drivers’ income in divorce settlements. Analysing the different types of disputes can help shed light on the type and extent of legal obligations of platform-based companies and the rights of drivers. Despite the presence of some basic criteria in Chinese labour law for determining an employment relationship, there is considerable uncertainty and inconsistency in the application of such criteria in practice, especially across the variety of claims involving these drivers. This inconsistency may ultimately be ","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125254297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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