Asian Journal of Comparative Law最新文献_第6页

Ruling the Country without Law: The Insoluble Dilemma of Transforming China into a Law-Governed Country 无法无天:中国向法治国家转型的不可解决的困境

Asian Journal of Comparative Law Pub Date : 2022-11-02 DOI: 10.1017/asjcl.2022.25

Zhong Zhang

{"title":"Ruling the Country without Law: The Insoluble Dilemma of Transforming China into a Law-Governed Country","authors":"Zhong Zhang","doi":"10.1017/asjcl.2022.25","DOIUrl":"https://doi.org/10.1017/asjcl.2022.25","url":null,"abstract":"Abstract Despite more than 40 years’ legislation to build a ‘law-governed country’ and the Communist Party of China (CPC)'s repeated proclaiming to ‘govern the country according to law’, China still lacks legislation concerning a constitutional matter that is central to its governance, ie, the powers of the CPC to rule. No law specifies its powers, and the CPC's rule is not based on law. Why has such a crucial and apparent loophole not been filled? It is essentially because of the CPC's insistence on supremacy with unchallengeable authority in the governance of China. Specifying in law the Party's powers, and how they should be exercised, would subject its rule to law and set a legal limit on its powers, which is irreconcilable with its goals of maintaining supremacy and absolute authority. Hence, an insoluble dilemma can be observed: while the CPC leadership wants China to become a law-governed country to attain lasting order and stability, they have to rule the country extralegally to avoid legal challenges to the supremacy of their rule. This article not only sheds light on this inherent contradiction, but also offers insight into the nature of the CPC's practice to ‘govern the country according to law’.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44550355","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}

引用次数: 0

For the times they are a-changin' … 因为时代在改变…

Asian Journal of Comparative Law Pub Date : 2022-10-06 DOI: 10.1017/asjcl.2022.24

A. Jamal, K. Tan

引用次数: 0

A Comparative Case Study of Match-Fixing Laws in Singapore, Australia, Germany, and Switzerland 新加坡、澳大利亚、德国和瑞士固定比赛法的比较案例研究

Asian Journal of Comparative Law Pub Date : 2022-10-03 DOI: 10.1017/asjcl.2022.22

Björn Hessert, C. L. Goh

{"title":"A Comparative Case Study of Match-Fixing Laws in Singapore, Australia, Germany, and Switzerland","authors":"Björn Hessert, C. L. Goh","doi":"10.1017/asjcl.2022.22","DOIUrl":"https://doi.org/10.1017/asjcl.2022.22","url":null,"abstract":"Abstract Despite being ranked top three countries in the world in the Corruption Perception Index 2018, Singapore has a reputation in sports integrity for being the ‘academy of match-fixers’ in football and home to the leader of ‘the world's most notorious match-fixing syndicate’. It is curious (and somewhat ironic) that Singapore, as one of the world's leaders in managing public section corruption, has been home to sports corruption and match-fixing locally and internationally. To date, Singapore has not instituted sport-specific laws on match-fixing to specifically combat match-fixing and other forms of manipulation of sports competitions in the country, and primarily relies on its criminal laws on corruption to prosecute match-fixing conduct, pursuant to the Prevention of Corruption Act (Cap 241, 1993 Rev Ed Singapore). This is in comparison to other countries which are home to match-fixing conduct, such as Australia, Germany, and Switzerland. This article will focus on the discussion on whether it is necessary for countries, with particular focus on Singapore, to enact sport-specific laws on match-fixing in their endeavour to combat match-fixing in their country. This work will conclude that while there are benefits to enacting sport-specific match-fixing laws, there may not be a dire or urgent need for Singapore to enact sport-specific laws on match-fixing. In any event, it may be necessary for Singapore authorities and sport governing bodies to take certain concrete steps to buttress the present regulation of match-fixing and state of players’ contracts in order to mitigate the risks of such sports manipulation activities. One of these steps may include for Singapore to become a Signatory to the Council of Europe Convention on the Manipulation of Sports Competition (Macolin Convention).","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43680462","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}

引用次数: 1

The Federal Constitution of Malaysia: A Kelsenian Perspective 马来西亚联邦宪法：Kelsenian视角

Asian Journal of Comparative Law Pub Date : 2022-10-03 DOI: 10.1017/asjcl.2022.20

Stephanie Chng

{"title":"The Federal Constitution of Malaysia: A Kelsenian Perspective","authors":"Stephanie Chng","doi":"10.1017/asjcl.2022.20","DOIUrl":"https://doi.org/10.1017/asjcl.2022.20","url":null,"abstract":"Abstract This article examines the Federal Constitution of Malaysia through the lens of Hans Kelsen's Pure Theory of Law. It first demonstrates the utility of the Grundnorm in explaining the supremacy of the Federal Constitution within the Malaysian legal system. In particular, this article establishes that despite Malaysia's colonial past, the Federal Constitution is the Kelsenian ‘historically first constitution’ of the present Malaysian legal system because of the Kelsenian ‘revolution’ that had occurred when the Federation of Malaya attained independence from the British in 1957, as well as the absence of a Kelsenian ‘revolution’ during the formation of Malaysia in 1963. The Grundnorm of the Malaysian legal system can thus be expressed as ‘one ought to obey the prescriptions of the Federal Constitution’. However, this article also argues, using the example of the basic structure doctrine controversy in Malaysia, that while the Pure Theory succeeds in elucidating a measure of legal validity for legal norms, it fails to provide any helpful insight when a constitutional dispute relates to the content of a norm rather than the interaction between hierarchically distinct norms.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46162379","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}

引用次数: 0

Guarantor Institutions — CORRIGENDUM 担保机构——CORRIGENDUM

Asian Journal of Comparative Law Pub Date : 2022-09-26 DOI: 10.1017/asjcl.2022.23

Tarunabh Khaitan

引用次数: 0

Information in Consumer Contracts: Reforming Consumer Protection Law in Malaysia 消费者合同中的信息:马来西亚消费者保护法的改革

Asian Journal of Comparative Law Pub Date : 2022-09-16 DOI: 10.1017/asjcl.2022.18

Junaidah Zeno

{"title":"Information in Consumer Contracts: Reforming Consumer Protection Law in Malaysia","authors":"Junaidah Zeno","doi":"10.1017/asjcl.2022.18","DOIUrl":"https://doi.org/10.1017/asjcl.2022.18","url":null,"abstract":"Abstract This article examines the effectiveness of the Consumer Protection Act 1999 in ensuring that Malaysian consumers can make informed decisions and that their interests are adequately protected in modern electronic commerce (e-commerce) transactions. It first identifies the key elements required of a modern consumer protection framework and subsequently uses this model as a yardstick to assess the legal frameworks in two jurisdictions. The first jurisdiction is Malaysia, a common law country that, although considered a potentially important regional player in the development of e-commerce, has a relatively underdeveloped consumer protection framework. The second jurisdiction is England and Wales, which is likewise a common law jurisdiction but one whose consumer protection framework has been influenced by European Union consumer protection policy and legislation that has further provided the impetus for significant legal reform in both offline and online environments. This article examines the extent to which the laws in both jurisdictions provide appropriate protection, considering countervailing issues (eg, protection of commercial innovation and competition) and identifying potential gaps in provision (eg, inadequate regulation of new platforms or business methods). Based on these analyses, the article proposes an ‘evergreen’ consumer protection framework to improve the legal landscape of e-commerce in Malaysia.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44679507","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}

引用次数: 0

Transplanting English Law in Special Economic Zones in Asia: Law As Commodity 英国法律在亚洲经济特区的移植:作为商品的法律

Asian Journal of Comparative Law Pub Date : 2022-09-16 DOI: 10.1017/asjcl.2022.19

I. Bantekas

引用次数: 0

The Limits of Vietnam's Incrementalism towards the Abolition of Capital Punishment for Drug Offenses 越南废除毒品犯罪死刑渐进主义的局限

Asian Journal of Comparative Law Pub Date : 2022-09-16 DOI: 10.1017/asjcl.2022.14

Tien-Duc Nguyen, Thu Thi Hoai Tran

引用次数: 0

The Law and Politics of Unconstitutional Constitutional Amendments in Asia by Rehan Abeyratne & Ngoc Son Bui Abingdon, Oxon; New York, NY: Routledge, 2022. 318 pp. Hardcover: £120.00 亚洲违宪宪法修正案的法律与政治研究/ Rehan Abeyratne & Ngoc Son Bui Abingdon, Oxon纽约:劳特利奇出版社，2022年。318页精装版:120.00英镑

Asian Journal of Comparative Law Pub Date : 2022-08-26 DOI: 10.1017/asjcl.2022.16

Ayesha Wijayalath

引用次数: 0

Domestic Implementation of Crimes against Humanity in Central Asia 中亚危害人类罪的国内执行

Asian Journal of Comparative Law Pub Date : 2022-08-26 DOI: 10.1017/asjcl.2022.17

R. Atadjanov

引用次数: 0