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China's Evolution from Socialist Legality: The Expansion in the Role of Judges and the Redress of Grievances 中国从社会主义法制演进:法官角色的扩展与冤屈的救济
Pub Date : 2021-12-24 DOI: 10.5539/jpl.v15n1p52
Zia Akhtar
The Chinese state implemented a conscious transfer to a market economy after 1977 when the Four Modernisations were inaugurated and the new Constitution promulgated in 1982 raised the possibility for the separation of powers. The new framework introduced judicial review into the structure of the legal system that was to provide redress of grievances from mal administration. The transition to a new leadership in 2011 allowed the National Peoples Congress to enact administrative reforms, and further amendments to the Chinese Constitution in 2018 have promulgated the Judges Law. The judicial reforms promote the values of an independent judiciary and there is an effective machinery of justice which promotes judicial review. This paper argues that the centralisation of power by the Communist Party does not preclude the functioning of judicial administration that conforms to rule of law and an emerging trend of public interest litigation and participatory justice.
1977年四个现代化建设开始,1982年颁布的新宪法提出了三权分立的可能性,此后中国政府有意识地向市场经济转型。新的框架将司法审查纳入法律体系的结构,以纠正行政不当引起的不满。2011年向新领导层的过渡使全国人民代表大会得以实施行政改革,2018年对中国宪法的进一步修正颁布了《法官法》。司法改革促进了独立司法的价值观,并且有一个有效的司法机制来促进司法审查。本文认为,共产党的权力集中并不妨碍符合法治的司法行政运作,也不妨碍公共利益诉讼和参与式司法的新兴趋势。
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引用次数: 0
Implications of the Digital Economy on Merger Control in Pakistan and China: Policy Implications for Pakistan 数字经济对巴基斯坦和中国并购控制的影响:对巴基斯坦的政策启示
Pub Date : 2021-12-12 DOI: 10.5539/jpl.v15n1p40
Yuhui Wang, S. Mushtaq
The rise of the digital economy has challenged the foundation of competition law frameworks the world over. Today, the antitrust doctrine finds itself confronting a new economy; an econo-my wherein data acts as a currency, markets are without prices, market collisions are based on algorithms, and the market is ‘infinite’. Several jurisdictions such as Germany, Austria, and China have developed new regulations or amended existing legislations to confront the chal-lenges presented by the digital economy. A dearth of theoretical and empirical literature has evaluated whether digital markets are so fundamentally different as to require a different set of rules. Of specific interest to this paper is whether current competition rules are sufficient to deal with mergers and acquisitions (M&As) in digital markets. This paper assesses M&A regulations in China and Pakistan in light of the new digital economy. Expert interviews were conducted using semi-structured interviews to investigate the comparisons between Pakistan’s and China’s merger control regimes. The findings indicate that China’s merger control regulations are better adopted for the digital economy than Pakistani’s. It also sets out the policy implications for competition policy makers in Pakistan.
数字经济的崛起挑战了世界各地竞争法框架的基础。今天,反垄断原则发现自己面对的是一个新的经济;在这个经济体中,数据就像货币一样,市场没有价格,市场冲突是基于算法的,市场是“无限的”。德国、奥地利和中国等几个司法管辖区已经制定了新的法规或修改了现有立法,以应对数字经济带来的挑战。缺乏理论和实证文献来评估数字市场是否存在根本性差异,以至于需要一套不同的规则。本文特别感兴趣的是,当前的竞争规则是否足以处理数字市场中的并购(M&As)。本文对新数字经济背景下中国和巴基斯坦的并购监管进行了评估。专家访谈采用半结构化访谈进行,以调查巴基斯坦和中国合并控制制度的比较。研究结果表明,与巴基斯坦相比,中国的并购控制法规更适用于数字经济。它还阐述了对巴基斯坦竞争政策制定者的政策影响。
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引用次数: 2
A Comparative Study of China's Competition Law and Cameroon's Competition Law; With Specific Regards to Challenges in the Implementation of Competition Law in China and Cameroon 中国竞争法与喀麦隆竞争法比较研究具体谈中国和喀麦隆竞争法实施中的挑战
Pub Date : 2021-11-26 DOI: 10.5539/jpl.v15n1p34
L. Yu, Yongyeh Ngalim Elizabeth
This study aims to investigate and compare the competition laws of Cameroon and China, with a focus on the limitations and constraints of competition law implementation in Cameroon and China. By comparing the Competition Laws of China and Cameroon, the research intends to determine whether there are any limits in the implementation of Competition Law in Cameroon and China. To examine and get results for the research’s many goals and objectives, this study uses qualitative data analysis. Competition legislation has had a considerable impact on China's economy in recent years, and it will eventually have an impact on trade policies that are directly tied to the international market. During our research, we discovered that competition law regulations have an impact on national and international trade in each country. And we realized that Cameroon's competitiveness policies are in some ways behind the times in the twenty-first century. As a result, there is a growing need to look into the divergence between China's competition law and Cameroon's competition law in order to assist Cameroonian competition law authorities in updating and making structural changes to Cameroon's competition legislation. These revisions will improve Cameroon's national and international trade policies, but they will have a substantial influence on the country's current economy. There may be some takeaways for China's competitive law policymakers as well. There is no academic work of this kind after a vast range of research, and this will be a wonderful opportunity to introduce creative work to this academic sector. The Anti-Monopoly Law of China has greatly evolved in the past years and there has been amendments and structural adjustments in the past years, which is very great, because Competition Law plays a great role in the economic progress of each country. As a result, the purpose of this study is to identify any obstacles to the implementation of Cameroon's Competition Law (Law No.98/013 of 14 July 1998) and China's Anti-Monopoly Law (2008).
本研究旨在调查和比较喀麦隆和中国的竞争法,重点研究喀麦隆和中国竞争法实施的局限性和制约因素。通过比较中国和喀麦隆的竞争法,本研究旨在确定喀麦隆和中国竞争法的实施是否存在限制。为了检查并获得研究的许多目标和目的的结果,本研究使用定性数据分析。近年来,竞争立法对中国经济产生了相当大的影响,并最终将对与国际市场直接相关的贸易政策产生影响。在我们的研究中,我们发现竞争法法规对每个国家的国内和国际贸易都有影响。我们意识到喀麦隆的竞争力政策在某些方面落后于21世纪的时代。因此,越来越有必要研究中国竞争法与喀麦隆竞争法之间的差异,以协助喀麦隆竞争法当局更新喀麦隆的竞争法并对其进行结构性改革。这些修订将改善喀麦隆的国内和国际贸易政策,但它们将对该国目前的经济产生重大影响。对于中国的竞争法政策制定者来说,也可能有一些启示。在进行了广泛的研究之后,还没有这样的学术作品,这将是一个将创造性工作引入这个学术领域的绝佳机会。中国的反垄断法在过去的几年里有很大的发展,在过去的几年里有很多的修改和结构调整,这是非常大的,因为竞争法在每个国家的经济发展中都起着很大的作用。因此,本研究的目的是确定喀麦隆竞争法(1998年7月14日第98/013号法律)和中国反垄断法(2008年)实施的任何障碍。
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引用次数: 0
Company Controller's Role as One Way to Rescue Companies under Jordanian's Insolvency Act 2018 "Comparative Study" 公司控制人在约旦《2018年破产法》下作为拯救公司的一种方式的作用“比较研究”
Pub Date : 2021-11-22 DOI: 10.5539/jpl.v15n1p25
K. Alshakhanbeh
The main objective of this article is to shed light on the new emergence on the Jordanian insolvency Act no. 21 of 2018, after it became independent from the commercial law, specifically the role of the companies general controller through the application of the provisions of this law to rescue company as much as possible from stopping running its business activates and then its insolvency. In this article, the Jordanian law was compared with English law in order to compel Jordanian legislator to benefit from other legislation, given that the Jordanian law is still recent. This article dealt with the issue of corporate rescue and the role of the company controller in starting company insolvency procedures, in accordance with the provisions of the Jordanian Insolvency Act 2018; with refer to the provisions of the UNCITRAL Insolvency Legislative Guide 2004. This article concluded that Jordanian legislator must develop a rescue culture by putting in place protection for insolvent companies, such as a moratorium and expanding the means of rescue, rather than limiting the rescue culture to the reorganization plan that is adopted by the UNCITRAL Legislative Guide of Insolvency 2004. In addition, Jordanian legislators must make some legal amendments that are in line with recommendations made by legal authorities within the framework of the company controller role in the Jordanian Insolvency Act 2018.
本条的主要目的是阐明2018年第21号约旦破产法在独立于商法之后的新出现,特别是公司总控制人的作用,通过适用该法的规定,尽可能地挽救公司,使其停止经营业务,然后破产。在这篇文章中,将约旦法律与英国法律进行了比较,以迫使约旦立法者从其他立法中受益,因为约旦法律仍然是新的。本条根据《2018年约旦破产法》的规定,处理了公司救助问题以及公司控制人在启动公司破产程序中的作用;参见《2004年贸易法委员会破产立法指南》的规定。该条的结论是,约旦立法者必须发展一种救助文化,为破产公司提供保护,如暂停偿付和扩大救助手段,而不是将救助文化局限于《2004年贸易法委员会破产立法指南》通过的重组计划。此外,约旦立法者必须根据法律当局在《2018年约旦破产法》中公司控制人角色的框架内提出的建议进行一些法律修正。
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引用次数: 0
Of Parochial Partisanship and Education: Towards Civic Duty or Polarization? 地方党派与教育:走向公民责任还是两极分化?
Pub Date : 2021-10-29 DOI: 10.5539/jpl.v15n1p7
G. Asekere, E. T. Amanor-Lartey
This article explored parochial partisanship among university students amid growing concerns about political polarization in Ghana. The paper used mixed research methods to gather data with the aid of an interview guide and a questionnaire. It argued that university education inculcates in and endows young people with a sense of civic-minded duty to prioritize the collective good of society and subordinate parochial partisan preferences in an analysis of political policies. The novel finding is that university education in Ghana has enlightened many young people to decipher between the facts and the propagandistic view held by political activists because of parochial partisan interest. However, university education was found to be a necessary but not sufficient condition to wipe out parochial partisanship which is the bane behind the growing political polarization in Ghana. The paper recommends continuous seminars on the dangers associated with negative partisanship in all tertiary educational institutions. Further, the winner-takes-all politics should be reviewed.
这篇文章探讨了在加纳日益关注政治两极分化的情况下,大学生之间的狭隘党派之争。本文采用混合研究方法,借助访谈指南和问卷调查收集数据。它认为,大学教育向年轻人灌输并赋予他们一种公民意识,即在分析政治政策时,优先考虑社会的集体利益和从属的狭隘党派偏好。这一新颖的发现是,加纳的大学教育启发了许多年轻人在事实和政治活动家由于狭隘的党派利益而持有的宣传观点之间进行解读。然而,大学教育被认为是消除狭隘党派偏见的必要但不充分的条件,而狭隘党派偏见是加纳日益严重的政治两极分化背后的祸根。该文件建议在所有高等教育机构中持续举办关于消极党派偏见的危险的研讨会。此外,赢家通吃的政治应该受到审查。
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引用次数: 1
Impact of Covid_19 on E-commerce (From a Legal Point of View) 新冠肺炎疫情对电子商务的影响(法律视角)
Pub Date : 2021-10-29 DOI: 10.5539/jpl.v15n1p1
K. Alshakhanbeh
The spread of the Corona virus and the closure of borders and the ban on travel and commercial bodies in companies, which resorted to many commercial activities, relying on a large scale, e-commerce, tourism in that, commercial relations, as a result of the inability to fulfill their contractual obligations, which led jurists to rely on the theory of emergency conditions to explain the impossibility or difficulty of fulfilling the obligations of the contractors on the terms of contracts, and as a result of the occurrence of many contractual problems, the affect of a virus on the capacity of contractors to fulfill their obligations. This article aims to analyze the impact of the spread of the virus on contractual obligations by relying on the force majeure theory, and the position of jurists on using this theory in explaining the impact of the spread of this epidemic on the ability of the contracting parties to fulfill their obligations. The researcher has come out with a set of results, the most important of which is that the new Corona virus can be considered an obstacle or a force majeure, based on what was stated in the contents of the provisions of the relevant bodies, and this will have legal and economic implications for the contractual obligations of the various international commercial contracts.
冠状病毒的传播、边境的关闭以及对旅行和公司商业机构的禁令,这些公司诉诸于许多商业活动,依赖于大规模的电子商务、旅游业、商业关系,因为它们无法履行合同义务,这导致法学家依赖紧急情况理论来解释承包商履行合同条款义务的不可能或困难,以及由于许多合同问题的发生,病毒对承包商履行义务能力的影响。本文旨在借助不可抗力理论分析病毒传播对合同义务的影响,以及法学家在解释这种流行病传播对缔约方履行义务能力的影响时使用这一理论的立场。研究人员得出了一系列结果,其中最重要的是,根据相关机构条款的内容,新冠病毒可以被视为障碍或不可抗力,这将对各种国际商业合同的合同义务产生法律和经济影响。
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引用次数: 0
Reviewer Acknowledgements for Journal of Politics and Law, Vol. 14, No. 4 《政法学报》第14卷第4期审稿人致谢
Pub Date : 2021-10-14 DOI: 10.5539/jpl.v14n4p150
William Tai
Reviewer acknowledgements for Journal of Politics and Law, Vol. 14, No. 4, 2021.
《政治与法律杂志》2021年第14卷第4期审稿人致谢。
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引用次数: 0
The Value of Ho Chi Minh's Ideology, Morality and Style to the Vietnamese Nation Today 胡志明思想道德作风对当今越南民族的价值
Pub Date : 2021-09-09 DOI: 10.5539/jpl.v14n4p126
L. Kiên
This article aims to clarify the basic contents of leader Ho Chi Minh's ideology, morality and style that are valuable to the Vietnamese nation. In fact, Vietnam has been proving the miraculous vitality of Ho Chi Minh's ideology on the path and goals of national development, on the strategy of great national unity and international solidarity, innovative thinking, culture and humanities. His moral example and views on revolutionary ethical standards and ethical practice principles are the red thread throughout the progress of progressive and civilized human development. His style is extremely lively, natural, unique, attractive, magical in daily activities and behavior, which is shown as independent, self-directed and creative thinking style; scientific, democratic and mass working style; modest, polite, sincere, warm, natural and flexible behavior style; simple, clean, moderate, moderate living style. These legacies form a consistent whole in Ho Chi Minh's people, have deep scientific, theoretical and practical values ​​in terms of ethics and aesthetics, consistent with the history of the Vietnamese nation and the development trend of mankind.
本文旨在阐明胡志明领导人的思想、道德和作风对越南民族具有重要价值的基本内容。事实上,越南一直在证明胡志明思想在国家发展道路和目标、民族大团结和国际团结战略、创新思维、文化和人文方面的神奇生命力。他的道德榜样、革命伦理标准和伦理实践原则是贯穿人类进步文明发展进程的红线。他的风格在日常活动和行为中极为活泼、自然、独特、吸引人、神奇,表现为独立、自主、创造性的思维风格;科学、民主、群众的工作作风;谦逊、礼貌、真诚、热情、自然、灵活的行为风格;简单、干净、适度、适度的生活方式。这些遗产在胡志明人民中形成了一致的整体,具有深刻的科学、理论和实践价值​​在伦理和美学方面,符合越南民族的历史和人类的发展趋势。
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引用次数: 1
Prisoners’ Access to Justice: Family Support, Prison Legal Education, and Court Proceedings 囚犯诉诸司法:家庭支持、监狱法律教育和法庭诉讼
Pub Date : 2021-09-04 DOI: 10.5539/jpl.v14n4p113
Elijah Tukwariba Yin, Francis Kofi Korankye-Sakyi, P. Atupare
This study investigates the extent of prisoners’ legal entitlements as well as how prisoners acquire legal assistance within the prison setup. It is argued that inmates’ legal entitlements within the prison bureaucracy are devoid of the ideal of access to justice. The study used the mixed-method approach in data gathering. For the quantitative aspect, a sample of 300 inmates was used. Simple random and systematic sampling techniques were used to select the respondents. For the qualitative aspect, the following participants were purposively selected: ex-convicts, a paralegal prison officer, a court warrant officer, prison after-care officer, registrars, and relatives of inmates. The analysed data showed that most inmates did not receive family support during their trial before conviction. It was also found that inmates had no access to legal materials due to lack of law libraries, yet received some form of legal education from prison staff. Even though the court proceedings of inmates formed a critical part of their appeal process, a little above half of the inmate population had access to these documents. With the advancement in Information and Communication Technology, it is recommended that all courts should be digitized with relevant logistics and improved infrastructure to smoothen access to case files.
本研究调查了囚犯的法律权利范围,以及囚犯如何在监狱设置中获得法律援助。有人认为,囚犯在监狱官僚机构中的合法权利缺乏诉诸司法的理想。该研究在数据收集中使用了混合方法。在数量方面,使用了300名囚犯的样本。采用简单的随机和系统抽样技术来选择受访者。在质量方面,有目的地选择了以下参与者:前科犯、一名律师助理狱警、一名法院准尉、监狱善后人员、登记员和囚犯亲属。分析数据显示,大多数囚犯在定罪前的审判期间没有得到家庭支持。还发现,由于缺乏法律图书馆,囚犯无法获得法律材料,但却从监狱工作人员那里接受了某种形式的法律教育。尽管囚犯的法庭诉讼程序构成了他们上诉过程的关键部分,但仍有略高于一半的囚犯能够接触到这些文件。随着信息和通信技术的进步,建议所有法院都应数字化,并配备相关后勤和改进基础设施,以方便查阅案件档案。
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引用次数: 1
The Legal Effect of the Absence of Mentioning the Name of the Opponent’s Name in the Letter of Attorney 委托书中未提及对方姓名的法律效力
Pub Date : 2021-09-01 DOI: 10.5539/jpl.v14n4p93
Mohammad Mahjoob Almaharmeh
The current study aims to research in the matter of not mentioning of the opponent’s name in the power (letter) of attorney contract, and whether this fault is considered as a professional mistake. This is because the lawyer care is different from the ordinary man in the field of his profession that attributes to his knowledge in his profession rules and bases, so; the care required of him is completely different from that of an ordinary man, and in this case the foolishness is considered as a professional mistake that affect the validity of the letter of attorney and as a result a validity of the issued ruling in the case. To achieve the aims of this study the researchers apply the analytical paradigm that investigates the legal texts and judicial rulings with regard this problematic.
本研究旨在研究授权委托书(委托书)合同中未提及对方姓名的问题,以及这种过错是否被视为职业错误。这是因为律师的关怀不同于普通人的职业领域,这归因于他在职业规则和基础上的知识,所以;他需要的谨慎与普通人完全不同,在这种情况下,这种愚蠢行为被认为是一种职业错误,影响了授权书的有效性,从而影响了本案已发布裁决的有效性。为了实现本研究的目的,研究人员应用了分析范式,对法律文本和司法裁决进行了调查。
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引用次数: 0
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Journal of politics and law
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