Asia Pacific Law Review最新文献_第9页

Cross-border insolvency between Chinese Mainland and Hong Kong: the past, the present, and the future 中国大陆与香港的跨国破产：过去、现在与未来

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2022-01-02 DOI: 10.1080/10192557.2022.2045707

Shuai Guo

引用次数: 0

Lawyer, scholar, teacher and activist: a Liber Amicorum in honour of Derek Roebuck 律师、学者、教师和活动家：纪念Derek Roebuck的自由之友

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2022-01-02 DOI: 10.1080/10192557.2022.2045715

S. C. Tan Cheng-Han

引用次数: 0

Central bank digital currencies as a potential response to some particularly Pacific problems 央行数字货币作为对一些特别是太平洋问题的潜在回应

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-10-20 DOI: 10.1080/10192557.2022.2045706

Anton N Didenko, Ross P. Buckley

引用次数: 1

Non-monetary relief for breach of contract: a European perspective on Chinese contract law 违约的非货币救济：欧洲对中国合同法的考察

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-07-03 DOI: 10.1080/10192557.2022.2033086

Sébastien De Rey, L. Chen

{"title":"Non-monetary relief for breach of contract: a European perspective on Chinese contract law","authors":"Sébastien De Rey, L. Chen","doi":"10.1080/10192557.2022.2033086","DOIUrl":"https://doi.org/10.1080/10192557.2022.2033086","url":null,"abstract":"ABSTRACT To compensate for the loss caused by the non-performance, monetary damages are considered almost automatically. This article provides a broader perspective. Indeed, albeit monetary damages are and will always remain the most frequently awarded form of compensation, this comparative analysis reveals that non-monetary relief has a full role to play within a modern law of contract. Non-monetary relief is not to be confused with specific performance. Unlike specific performance, an order for non-monetary relief does not provide actual or full performance. Non-monetary relief provides rather, by way of compensation for the loss caused by the non-performance, an act different as agreed upon, aimed at placing the aggrieved party in as good a position as if the contract would have been fully performed. Under Chinese contract law, this alternative form of compensation is available yet remains underexplored. This article provides the legal framework and highlights the under-utilization of this remedy, identifying examples for which non-monetary relief is an appropriate alternative to monetary damages for breach of contract. It argues that in the twenty-first century, when sustainability is increasingly pursued as a matter of a guiding principle, the law of contract needs to be re-gigged up to reflect this trend. The availability of non-monetary relief can meet not only private interests, but can comply with public interests as well.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"29 1","pages":"325 - 345"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42666118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Gender, alterity, and human rights: freedom in a fishbowl 性别、另类和人权:鱼缸里的自由

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-07-03 DOI: 10.1080/10192557.2022.2033092

L. Sjoberg

引用次数: 0

Dispute resolution in the People’s Republic of China: the evolving institutions and mechanisms 中华人民共和国的争端解决：不断演变的体制和机制

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-07-03 DOI: 10.1080/10192557.2022.2033091

Bo Songyin

{"title":"Dispute resolution in the People’s Republic of China: the evolving institutions and mechanisms","authors":"Bo Songyin","doi":"10.1080/10192557.2022.2033091","DOIUrl":"https://doi.org/10.1080/10192557.2022.2033091","url":null,"abstract":"Since the imperial era, the Chinese population has developed a culture of resolving disputes amicably. In contemporary China, dispute negotiations, mediations and arbitrations are deemed less confrontational and more efficient – and therefore preferable – as alternative dispute resolution (ADR) approaches. In the last decade, China has been experimenting with new forms of dispute resolution that combine ADR with other mechanisms, with a view to developing a ‘Mechanism for Pluralist Dispute Resolution’ (Duoyuanhua Jiufen Jiejue Jizhi, 多元化纠纷解决机制) (PDR). As a result of multiple initiatives, the idea of PDR is now widely used to encompass a broad range of dispute resolution activities. Based on a narrow interpretation, PDR refers to an integrated system where private and administrative actors and the state work together in resolving civil and commercial disputes. In this context, the goal is to provide more effective channels for disputants and optimize the use of limited judicial resources. In return, the state renders strong support for private dispute resolution through means such as codifying judicial confirmation of mediation agreements, offering support for arbitration and the enforcement of arbitral awards and establishing centres for litigation services or the interconnection of litigation and mediation within courts. In comparison, PDR in its broader sense acquires a political and social significance. It refers to the idea that, from the perspective of the authorities, all dispute resolution approaches are social control and management instruments that contribute to the prevention and resolution of social conflicts and disputes. In this context, PDR also involves government authorities (such","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"29 1","pages":"425 - 429"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49610047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Continuity and change: some reflections on the Chinese Civil Code 延续与变迁：对中国民法典的几点思考

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-07-03 DOI: 10.1080/10192557.2022.2033084

Lei Chen

引用次数: 1

Unjustified enrichment in the Chinese Civil Code: questions from the common law 中国民法典中的不当得利:来自普通法的问题

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-07-03 DOI: 10.1080/10192557.2022.2033081

Zhicheng Wu, W. Swadling

引用次数: 0

How to utilize notice-and-takedown procedures in IP enforcement on e-commerce platforms – a lesson from China 如何在电子商务平台知识产权执法中利用通知和撤销程序——中国的经验教训

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-07-03 DOI: 10.1080/10192557.2022.2033082

Jie Wang

{"title":"How to utilize notice-and-takedown procedures in IP enforcement on e-commerce platforms – a lesson from China","authors":"Jie Wang","doi":"10.1080/10192557.2022.2033082","DOIUrl":"https://doi.org/10.1080/10192557.2022.2033082","url":null,"abstract":"ABSTRACT Notice-and-takedown procedures that play a vital role in remedying overwhelming IP infringement on e-commerce platforms rely mainly on self-regulation in a global marketplace. The new Chinese E-commerce Law demonstrates the need for a legislative intervention to overcome self-regulated procedures’ defect in preventing misuse. Further, laws on NTD procedures tend to be general and leave room for courts to interpret, such as proper elements of a competent notice, what constitutes prima facie evidence, what are the necessary measures, how to define ‘in a timely manner’, how to resolve repeated infringement. Finally, even with government regulation of NTD procedures, self-regulation still plays an essential role in detailing statutory provisions because its flexibility echoes the rapid transformation of Internet. Collective self-regulation is needed to overcome individual self-regulation’s weaknesses and, to provide a democratic and transparent groundwork on which individual self-regulation formulates specific and exercisable norms, and courts can passively review fairness of self-regulation rules when it is necessary in adjudicating cases.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"29 1","pages":"243 - 263"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43870997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Chinese Civil Code’s impact on the protection of Virtual Reputation in China 中国民法典对虚拟名誉保护的影响

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2021-07-03 DOI: 10.1080/10192557.2022.2033088

J. Ge, Li Chen

{"title":"The Chinese Civil Code’s impact on the protection of Virtual Reputation in China","authors":"J. Ge, Li Chen","doi":"10.1080/10192557.2022.2033088","DOIUrl":"https://doi.org/10.1080/10192557.2022.2033088","url":null,"abstract":"ABSTRACT Prior to the promulgation of the Chinese Civil Code, when a person’s online persona or virtual character is defamed, the law of defamation in China only provides damages or compensation to the human controller if and only if the controller’s ‘social estimation’ suffered harm in the real world. Absent such harm, no remedy based on personality rights law or tort law is available. This was the position taken by the Supreme People’s Court in the gazetted case of Jing Zhang v. Lingfeng Yu. This position has since been embraced by Chinese legal scholars and subsequent judicial practice. This article takes a position contrary to this mainstream view: the controller’s right to reputation should be protected even if there is no diminution of his/her real life ‘social estimation’, such that only the online persona is insulted or defamed. This article analyses the rationale for the protection of online personas as a standalone right and argues that such protection can be achieved under the current Chinese legal framework and principles through the sound interpretation and application of Article 1024(2) of the recently promulgated Chinese Civil Code.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"29 1","pages":"366 - 383"},"PeriodicalIF":0.5,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41391675","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0