Chinese Law eJournal最新文献

{"title":"Tax Evasion, Capital Gains Taxes, and the Housing Market","authors":"Sumit Agarwal, Keyang Li, Yu Qin, Jing Wu, Jubo Yan","doi":"10.2139/ssrn.3241127","DOIUrl":"https://doi.org/10.2139/ssrn.3241127","url":null,"abstract":"In this study, we exploit a policy shock that differentially increased capital gains taxes for housing units with holding period less than 5 years, and document tax avoidance and tax evasion in the residential resale market in China. We show suggestive evidence that after the capital gains tax increase, resale transactions exhibit more bunching above 5 years of holding period, but the responses are small and imprecisely estimated. More importantly, using precise information of both the actual transaction price and the reported price to the tax authority, we find that tax evasion, measured by the difference between the two prices, becomes 23.3% higher. We also document that the policy has strong heterogeneous effects, whereby cash buyers are 8.4% more likely to buy a house than buyers who need financing after the policy. This is mainly because financing buyers prefer a higher reported price (and so less tax evasion) to secure higher bank loans but cash buyers do not have such concern.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128928279","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":"Third Party Funding: Gambler’s Nirvana or Useful Tool? Recent Developments in Hong Kong and Singapore","authors":"B. Cartoni","doi":"10.2139/SSRN.3258585","DOIUrl":"https://doi.org/10.2139/SSRN.3258585","url":null,"abstract":"In this article, after a brief overview about the notion of third party funding, the author examines some problems that may arise using this tool in international arbitration and how this phenomenon is regulated by the law and the soft law in Hong Kong and Singapore.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115245470","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":"A Research on the Legal Issues Related to Employment Tests","authors":"Yun Hao Hsin","doi":"10.2139/ssrn.3200619","DOIUrl":"https://doi.org/10.2139/ssrn.3200619","url":null,"abstract":"With the advance of science and technology, different types of tests are widely applied to the selection procedure by the employers, relevant issues become more and more prevalent. To clarify the legal issues about the usage of tests in the workplace, this article will introduce the practice of the laws respectively in the US, the UK, and Taiwan, analysing the similarities and differences among them, and come up with the proper way to deal with the issues regarding tests. As we all know, human resources are the most important asset of the enterprise. To make sure the job applicants or the employees have sufficient competence to complete the tasks and are able to make the most profits for enterprises, a large number of employers would implement the tests to find out the characteristics, health condition and competence of them so that the best employment decisions can be made. There is nothing to be blamed that the employers pursue the best profits, whilst in the selection process the employers probably discover the innate and unchangeable defects of the applicants or the employees, and take further adverse action against them, which can lead to a chain of issues concerning employment discrimination and privacy. In the US, the implementation of employment tests doesn’t necessarily constitute discrimination even if the employer obtain the personal information of the applicants or the employees through tests. Under the anti-discrimination laws, the action of the employers will not be able to be seen as employment discrimination unless the applicants or the employees suffer adverse treatment after taking the tests. The American with Disability Act, in substance, has its name of anti-discrimination law, also has the function of indirectly protecting workplace privacy. Even though the employers are allowed to conduct the employment tests, they cannot take any adverse action against the employees, except for the special conditions set by the law. In contrast, relevant laws in the UK focus on protecting personal privacy, which means tests done by employers will be treated as the privacy issues. Once the employer collect information from the applicants or the employees without following the requirements of relevant laws, he or she might constitute infringement of the workplace privacy. The Data Protection Act and the Employment Practice Code put the limitation on employers’ rights to gather those information they need from the applicants or the employees, especially information which can be categorized as what is so-called “sensitive data�?. Upon collecting, processing or using the personal information of employees through the tests, the employers are asked to make sure they meet one or more requirements before performing the tests. Also, the sensitive data can be obtained only if the employers meet at least one special requirement, which has the stricter limitation. On top of that, the eight principles regulated in the Data Protection Act play an importan","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131031565","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":"Land Use Reforms: Towards Sustainable Development in China","authors":"Wen Wang, Alfred M. Wu, Fangzhi Ye","doi":"10.1007/978-981-10-6286-5_2","DOIUrl":"https://doi.org/10.1007/978-981-10-6286-5_2","url":null,"abstract":"","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124479284","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":"Police Demands for Hong Kong Identity Cards","authors":"S. Kruger","doi":"10.2139/SSRN.1451238","DOIUrl":"https://doi.org/10.2139/SSRN.1451238","url":null,"abstract":"Under the Hong Kong Immigration Ordinance, an authorised governmental employee has unlimited authority to demand that any person, at any time, anywhere, produce proof of identity. Usually, it is a police officer who demands, and, usually, it is a Hong Kong identity card which is produced.The demand is an arrest, because the Hong Kong resident is obliged to comply with the demand. The arrest is a warrantless arrest.A shortcoming of warrantless identity-card arrests is that police officers have no facts which are indicative, subjectively or objectively, of the commission of an identity-card offence by the Hong Kong resident who is arrested.The Immigration Ordinance does not guide police officers in the exercise of their discretion to arrest persons for production of identity cards. That is contrary to due course of law. It is impermissible to leave police officers to their own devices.For the public at large, the Rule of Law is undercut by identity-card arrests, in that the Immigration Ordinance does not give to Hong Kong residents notice of when and why they will be arrested for that purpose. Police officers make ad-hoc demands for production of identity cards, although the Rule of Law prohibits ad-hoc official action.The governmental motivation for unlimited identity-card arrests is social control of persons on the lowest rungs of the socio-economic ladder. Teenage Chinese males are subjected most often to identity-card arrests. Businessmen, businesswomen, and moneyed foreigners are not arrested at all.See also ‘How to Interpret, and Not Interpret, the Basic Law of Hong Kong.’ http://ssrn.com/abstract=1451237.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133581944","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":"‘It Must Be Rock Strong!’: Guanxi's Impact on Judicial Decision-Making in China","authors":"Xin He, K. Ng","doi":"10.2139/ssrn.2909432","DOIUrl":"https://doi.org/10.2139/ssrn.2909432","url":null,"abstract":"Drawing upon data interviews with Chinese judges who were involved in the decision-making process, we develop two variables for analyzing the influence of social ties, or guanxi, in the judicial setting. The first differentiates the strength of guanxi – whether it is strong or weak. The second distinguishes whether the guanxi source is from a supervisor who has a role in affecting the benefit or the career development of the target judge. We argue that instead of working independently, these two variables interact and often mutually reinforce. With this typology, we contrast the means and outcomes of four types of guanxi. This article deepens scholarly understanding on the operation of guanxi in Chinese courts. Our framework explains why shady practices that fuel favoritism and undermine the development of legal professionalism are difficult to pin down and stem out.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126807031","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 Evolution of Contract Law in China: Convergence in Law But Divergence in Enforcement?","authors":"J. Leng, Shen Wei","doi":"10.1017/9781316658925.004","DOIUrl":"https://doi.org/10.1017/9781316658925.004","url":null,"abstract":"This chapter provides an overview of the contract law system in the People’s Republic of China (PRC). The central theme of this chapter is that while the black letter contract law has indicated a trend of convergence moving towards some basic norms which appear in other countries’ contract laws and international conventions, enforcement of contract law shows a visible trend of moving towards a hybrid regime combining features of both formal and informal enforcement mechanisms. This paradigm of evolution reveals the intricacies and complexities in China’s contract law regime as well as rule of law movement in general. This chapter will demonstrate how this peculiar pattern of legal development has been formed and how it could inform our understanding of possibilities and ramifications of legal convergence and persistence in an increasingly globalized world.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"158 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122635874","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":"A Story of Convergence of IPR Regimes: The IPR Chapter in the China-Korea Free Trade Agreement","authors":"Shuai Guo","doi":"10.1163/23525207-12340020","DOIUrl":"https://doi.org/10.1163/23525207-12340020","url":null,"abstract":"The signature of the free trade agreement between China and Korea (China-Korea FTA) on 1 June 2015 marked the first of this type in North-eastern Asia. Noteworthy is that Chapter 15 thereof, which has 31 articles, is dedicated to intellectual property rights (IPR). The IPR chapter covers general principles, copyright and related rights, trademarks, patents and utility model, genetic resources, traditional knowledge and folklore, plant variety protection, undisclosed information, and industrial design. This paper examines the IPR provisions in the China-Korea FTA against the background of the evolving international regime for IPR protection and particularly the IPR provisions in the existing FTAs which China has concluded and those Korea has concluded respectively, and then provides a critical evaluation of the IPR provisions in the China-Korea FTA. It argues that China-Korea FTA is a result of the convergence of various IPR regimes that both countries are shaping separately or jointly, and may serve as a model for upcoming FTAs.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115201684","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 Power Logic of Justice in China","authors":"Ji Li","doi":"10.1093/AJCL/AVX012","DOIUrl":"https://doi.org/10.1093/AJCL/AVX012","url":null,"abstract":"The vast literature on judicial behavior in China has generated valuable insights, yet huge gaps remain open. Lacking in particular is a coherent and trans-substantive analytical framework that can demystify the complex and elusive boundary between Chinese law and politics and explain major post-filing actions of a Chinese court, i.e., what the court does regarding its jurisdiction, which dispute resolution method it prefers (mediation versus adjudication), to what extent it applies the law fairly, how it exercises its discretion in adjudication, and how it subsequently enforces the judgment. Behind all these components of judicial behavior, I contend, lies a coherent power logic. This Article articulates that logic by presenting a unified positive theory of nuanced power distribution.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125088771","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":"Recent Development of Fintech Regulation in China: A Focus on the New Regulatory Regime for the P2P Lending (Loan-Based Crowdfunding) Market","authors":"Chuanman You","doi":"10.1093/CMLJ/KMX039","DOIUrl":"https://doi.org/10.1093/CMLJ/KMX039","url":null,"abstract":"FinTech innovation has thrived in China in the past decade. As one leading sector of FinTech innovation, the P2P lending market has experienced an unparalleled growth in China with the Chinese market acceding to be the largest market in the world. This rapid development, while it satisfies the financing need, has brought about industrial risks and regulatory challenges. This article starts with an empirical survey of the explosive development of the P2P lending industry in China followed by an examination of its underlying economic, institutional and technological driving forces. The second part of this article then turns to inspecting, comparatively, several features of regulatory approaches as adopted by the newly established regulatory regime. The third part interrogates two critical challenges which have not been resolved by the new regulatory regimes. The final part concludes. \u0000The tentative conclusion is that the newly established regime is a welcome regulatory development. Not only has it provided comprehensive legal protection for participants of the P2P lending market in China; it may also contribute a new model to the global regulatory map for the sustainable growth of the P2P lending market, and the FinTech industry in general.","PeriodicalId":356075,"journal":{"name":"Chinese Law eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128411969","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}