Beijing Law Review最新文献

{"title":"Fighting against Impunity in Ethiopia: An Emphasis on Crime against Humanity","authors":"Dersolegn Yeneabat","doi":"10.4236/blr.2020.111004","DOIUrl":"https://doi.org/10.4236/blr.2020.111004","url":null,"abstract":"There are different reports and literatures that display crime against humanity which is one of the international crimes has been committed in Ethiopia for the last couple of decades. The main emphasis of this paper is to assess whether is it possible to convict those who found guilty (if any) by using the current Ethiopian legal frameworks with a view to fight against impunity as the government of Ethiopia has an erga omnes duty. For this purpose, clear evaluation is made on the former penal code, FDRE constitution and FDRE criminal code as to how a crime against humanity is criminalized. Accordingly, the paper argues that the former Ethiopian penal law stipulated crime against humanity only as a title which is blurred with the crime of genocide in a given provision. Similarly, it is not certain and clear that the FDRE constitution gives a full picture of crime against humanity which is basically divorced from the criminal principle of legality. Though the FDRE criminal code was expected to give much recognition in a way that enables the government to prosecute those who committed a crime against humanity, paradoxically it completely failed to give at least certain recognition. Therefore, using these laws to prosecute those who found guilty in committing a crime against humanity has different implications. Firstly, it will help real criminals to escape from criminal punishment. Secondly, it contradicts with the principle of legality which is one of the vital criminal law principles. Lastly, it will serve as a weapon for the violation of fundamental human rights of citizens by the government.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128082435","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}

{"title":"Economic Relationship between Brazil and China: An Empirical Assessment Using Sentiment and Content Analysis","authors":"D. Castro, Dan Denny","doi":"10.4236/blr.2020.111016","DOIUrl":"https://doi.org/10.4236/blr.2020.111016","url":null,"abstract":"This paper uses sentiment and content analysis techniques to investigate treaties and other international documents signed by Brazil and China. It identifies the strong presence of values such as solidarity orienting their economic relations, and therefore suggests an alternative approach in observing international relations involving Global South countries, taking into consideration the Spirit of Bandung. The research used the software RStudio for text mining and ATLAS.ti for discursive analysis.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134375868","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}

{"title":"Basic Erosion and Profit Shifting (BEPS)","authors":"M. Lupi","doi":"10.4236/blr.2020.111007","DOIUrl":"https://doi.org/10.4236/blr.2020.111007","url":null,"abstract":"By Basic Erosion and Profit Shifting (BEPS) we mean the set of fiscal nature strategies that some companies put in place to erode the tax base (heroes base) and therefore deduct taxes from the tax authorities. The transfer of profits (profit shifting) from high-imposition countries to countries with no or reduced taxation is, in fact, itself a strategy that leads to the erosion of the tax base. Such practices are allowed: from aggressive tax strategies in contexts with a high rate of innovation, digitalization and globalization; from the rigidity of tax systems in the face of extreme “flexibility of corporate income”; from the possibility of separating the imposition of income sources from the economic activities that generate them; by the absence of coordination and by the presence of asymmetries between the different national tax regimes, for example in terms of a different treatment (for tax purposes) of the components of the company balance sheet (interest, dividends, etc.) and a non-uniform evaluation of the recurring items associated with intra-group and non-group transactions. The aim of this paper is to examine the new rules undecided by the OECD to counter the erosion of the tax base and the artificial transfer of profits—thus stemming the substantial capital outflows—to those countries that offer privileged taxation or, in the more extreme cases, towards tax havens.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132105333","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}

{"title":"Cultural and Legal Perspectives on Child Protection in the Context of Child Trafficking in Nigeria","authors":"Alexis Foua, Wilson Diriwari","doi":"10.4236/blr.2020.111002","DOIUrl":"https://doi.org/10.4236/blr.2020.111002","url":null,"abstract":"Child trafficking remains an alarming issue in Nigeria. Child trafficking leads to various child rights abuses, and it is also a mean for acquiring child labourers. It is therefore evident that such practice cannot be tolerated both morally and legally. It is well acknowledged that the legal pluralism in the Nigerian legal system permits the cohabitation of the inherited English legal system, some traditional rules, and religious rules. The environment legal pluralism has often created ambiguity regarding human rights in general and child rights in particular. Hence this paper examines the role of culture and traditions in the perpetuation of child trafficking in Nigeria. The paper shows that in the Nigerian context, there are conflicting views on the issue. The paper also evaluates the efficacy of legal and institutional frameworks available in addressing the problem. The research methodology relied upon is predominantly textual analysis. It is necessary to proceed from an interdisciplinary approach in order to address the various questions sufficiently. The paper concludes that conflicting views must lead to a paradigm shift in approaches to the phenomenon of child trafficking to ensure and secure a system where children’s human rights are well protected.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"07 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127141121","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}

{"title":"The Philosophy of Legal Reason in Indonesian Law","authors":"J. Hartanto","doi":"10.4236/blr.2020.111008","DOIUrl":"https://doi.org/10.4236/blr.2020.111008","url":null,"abstract":"Indonesian legal system presents much confusion in either theoretic or practical matters. This is evident in the form of interaction between civil and criminal law and how lines of legal reason are drawn. The purpose of this paper is to outline the philosophy of legal reason in Indonesian law, especially whenever aspects of civil law interact with criminal law. This presents a crucial scenario for the interpretation and application of legal reason to arrive at an effective conclusion, redressing both the crime and the civil wrong. The paper points out that principles guiding legal reason in Indonesia are still not yet clear, primarily based on the complexities marring the development of legal principles in the country. The paper also notes that Indonesian legal system has strived to provide effective redress for private citizens in a criminal case; where their rights are abrogated and there is the possibility of finding relief through personal action as against the offender. The paper concludes that significant improvements are needed to harmonize legal reason with respect to the Indonesian legal system in order to improve access to justice and effective handling of criminal matters.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121537760","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}

{"title":"Chinese Corporate Law Developments and Go-Global Policy","authors":"Emanuele C. Francia","doi":"10.4236/blr.2020.111013","DOIUrl":"https://doi.org/10.4236/blr.2020.111013","url":null,"abstract":"While in many countries we observed a privatization of many businesses, China adopted a different personal way called ‘corporatization’, i.e. “entails restructuring state enterprises, adopting the corporate form, and instituting stock ownership and trading without necessarily relinquishing the state’s controlling interest in the means of production” (Art & Gu, 1995). It worth mentioning the particular efforts to improve the economy which led to thirty years double-digit GDP growth and continuous growth at a high 6% - 7% still today1. Many changes took place and many new regulations have been introduced to achieve such remarkable results, in particular, the “enormous effort at reforming state enterprises” is a never-ending activity and in fact nowadays there is much discussion on how to keep improving those firms’ efficiency, effectiveness and increase performance. Although nobody knows how China will look like in twenty years, as inquired by (Ramo, 2014) or further future, we can guess that it will fundamentally contribute to the worldwide economy and its international business might represent a paramount model for other economies. How the modernization pro-market trend can be advanced if at the same time the Party role keeps being crucial in directing business? The answer we think stands in the unique idea of “Socialist modernization”. Some also question how such policies can cohere with capital market that is becoming more international. In our view, it is especially the increasing international exposure that will lead to Corporate Governance improvement in China and will adjust possible distortions. In order to compete internationally, the best practices must lead. We observed how great advances in China’s economy have been paired and supported by amazing social and legal improvements, most of them related to the Internationalization. In fact four periods and policies marked the success of China of the last fifty years, all involving an always increasing Chinese international exposure: the “Open door policy”, the WTO accession, the Beijing Consensus, the Belt and Road Initiative and China International M&A activities. China President Xi Jinping confirmed the national goal several times, the latest at the inaugural China International Expo in November 20182 claiming China’s goal to “deepen international trade and economic cooperation, promote Belt and Road Construction and advance economic globalization”. Both, in Chinese private corporations and State-owned enterprises the Party organizations are established to “implement the Party’s principles and policies, guide and oversee” to implement the big picture of the Socialism with Chinese characteristics.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133737922","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}

{"title":"On the Nature of Community Correction —Comments on Article 1 of the Community Correction Law","authors":"Hong Yang","doi":"10.4236/blr.2020.111010","DOIUrl":"https://doi.org/10.4236/blr.2020.111010","url":null,"abstract":"The nature of community correction has been controversial in Chinese academic circles, but a series of official legal documents have always made it clear that community correction is the execution of punishment. Based on the research of normative analysis and comparative analysis, the author believes that China’s probation belongs to the execution of punishment, so it is not correct to change the nature of community correction to “criminal execution” on the basis that the probation does not belong to criminal punishment in the Community Correction Law. This modification reflects the incorrect and incomplete understanding of the criminal law, and avoids the punitive nature of community correction, and It is not in line with the practice of developed countries as well. Furthermore, It is against the original intention and mission of introducing community correction in China. Therefore, legislation should restore the nature of penalty execution of community correction.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"440 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116712267","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}

{"title":"Legal and Institutional Frameworks Regulating Rural Land Governance in Ethiopia: Towards a Comparative Analysis on the Best Practices of Other African Countries","authors":"Temesgen Solomon Wabelo","doi":"10.4236/blr.2020.111005","DOIUrl":"https://doi.org/10.4236/blr.2020.111005","url":null,"abstract":"This piece of writing has investigated the legal and institutional frameworks regulating rural land governance in Ethiopia by taking the comparative analysis of rural land governance of other African countries, namely Ghana, Kenya and Uganda. The best experience of these countries on the legal and institutional frameworks is examined so as to draw a lesson for the Ethiopian land governance system. The article has employed doctrinal legal research approach and rural land legislations of the country were investigated in great detail. The article has also comparative aspect because, it has drawn lessons from the legal regimes of other African countries that have best experience on the legal and institutional frameworks governing rural lands. Ethiopia can draw many good practices from Ghanaian, Kenyan and Ugandan rural land governance. Rural land legislations in these countries have given sufficient room for the protection of customary land rights and these rights are equally compensated at the time of compulsory acquisition of land use rights. In addition to these, land legislations in these countries compensate owners not only for the value of the produce upon their land but also for the market value of the land taken, cost of disturbance and other damage like severance and injurious affection. So, this can be a good lesson for Ethiopia in order to consider the life of individuals whose land is being expropriated but unable to rehabilitate to their past economic situation after compulsory acquisition. Ethiopia can also acquire a good lesson from these countries on the mode of institutional arrangement governing rural land administration is concerned. In all these African countries, the mandate to administer land is arranged at the ministry level at the apex and there are also other independent sector based institutions up to the lowest administrative hierarchy. Ethiopia, that governs land at the directorate level under the Ministry of Agriculture at the top and bureau of land and environmental protection at the middle and land and environmental protection offices/departments at the lower administrative level can capture this good practice from Ghana, Kenya and Uganda in order to give sufficient room for this vital economic resource that is livelihood for mass populations of the country.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131022657","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}

{"title":"Comparison of Labor Laws in China, Russia, and the US","authors":"Richard A. Posthuma","doi":"10.4236/blr.2020.111009","DOIUrl":"https://doi.org/10.4236/blr.2020.111009","url":null,"abstract":"This article compares labor laws in China, Russia, and the US. It demonstrates how mimetic isomorphic tendencies and general principles of fairness such as equality, equity, and need may have resulted in similarities in the labor laws across all 3 countries. However, it is also shown that unique cultural, social, and historical factors have created significant differences in these labor laws. Understanding these differences will inform policy makers and business leaders.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121646120","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}

{"title":"The Utmost Good Faith in Maritime Insurance: The Nature","authors":"Mingting Zhu","doi":"10.4236/blr.2020.111006","DOIUrl":"https://doi.org/10.4236/blr.2020.111006","url":null,"abstract":"The Marine Insurance Act 2015 (UK) marked the start of a contemporary period for insurance law because the Act improved the regime for the duty of good faith by transitioning to the duty of fair presentation from traditional doctrines of utmost good faith in the Marine Insurance Act 1906 in the UK. While the obligation of utmost good faith made up the firm cornerstone of insurance law in the past, it has not been an extensive and all-encompassing duty because the nature of uberrimae fidei in insurance contracts has already changed lately. This essay introduces briefly the evolution of uberrimae fidei in marine insurance law and analyses the nature and its dilemma. By comparing the relationship between good faith and the utmost good faith, upon further analysis, the reason why the obligation needs current reform is the downturn of international trade from the macro-level perspective. Moreover, from the micro-level perspective, legal requirements between the subjective state of the insured and the duty of the “fair presentation” are radically different. All in all, though the utmost good faith laid a solid foundation on insurance law, the “fair presentation” in the 2015 Act is more obviously applicable to counterpoise the benefits of the insurer and the insured, which is regarded as insurance relationships’ fresh core. Therefore, nowadays this reform is a success on a fair and reasonable legal basis, and it reduces insurance obligations of the insured traditionally to boost the prosperity of the marine insurance business currently.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133886742","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}