{"title":"Impact of the New Company Law's Limited Contribution System on Limited Liability Companies","authors":"Zhuang Liu","doi":"10.5539/jpl.v17n3p56","DOIUrl":"https://doi.org/10.5539/jpl.v17n3p56","url":null,"abstract":"Summarizing the ten years of experience and lessons learned from the operation of the contributed capital system, after three years of deliberation and five years of overhaul, a new change in the Company Law was ushered in. The Company Law of the People's Republic of China (2023 Revision) was voted and passed on December 29, 2023, and came into effect on July 1, 2024. The new Company Law continues to implement the Contributed Capital System, replacing the Fully Contributed System with a Limited Contribution System. It consolidates the positive results of the operation of the Contributed Capital System and amends the deficiencies in the actual operation, better implements the autonomy-based Contributed Capital System, and provides a new path for the development of the Contributed Capital System in the future. In this paper, we will start from the impact of the limited liability company (LLC) under the limited contribution system, and discuss the reasonable interpretation path of the shareholders' interest in the limited contribution system, the company's capital formation system, and the shareholders' responsibility in the light of the revision of the new Company Law.","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":" 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141668649","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":"Study of the Relationship between the Audit Committee and the Supervisory Board in the New Companies Act","authors":"Liu Yang","doi":"10.5539/jpl.v17n3p65","DOIUrl":"https://doi.org/10.5539/jpl.v17n3p65","url":null,"abstract":"Proposed Amendments to the Company Law was considered and passed on December 29, 2023, marking an important update to the foundational law of China's modern enterprise system. The revision has made in-depth adjustments to issues that are not compatible and harmonized with the development, and seeks to provide a solid legal guarantee for the sustainable development of the market economy through the innovation of the corporate governance system. One of the highlights of this revision is the internal supervision and check and balance mechanism of the company, which introduces a brand-new internal supervision organization in Privately Owned Limited Liability Companies and Publicly Listed Joint-Stock Corporations, Including Wholly State-Owned Enterprises and the Audit Committee under corporate board is responsible for the internal supervision of the company. This major revision, the legislator breaks the traditional supervision two-tier system model, the introduction of a single-tier system supervision model, not only is the legislator of the traditional supervisory board and supervisors exercise of the company's internal supervision rights can not be fully and effectively perform their duties of the disappointment, but also released by the shareholders of the centralism to the director-centered signal.","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":" 1192","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141668918","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}
Sri Yunanto, Mamun Murod, Suhail Suhail, Usni Usni, Lusi Andriyani, A. Setiawan, Khoirul Anwar
{"title":"Absolutism and Misguided Policies: Muhammadiyah and NU's Criticism against Government's Handling of COVID-19A","authors":"Sri Yunanto, Mamun Murod, Suhail Suhail, Usni Usni, Lusi Andriyani, A. Setiawan, Khoirul Anwar","doi":"10.5539/jpl.v17n3p1","DOIUrl":"https://doi.org/10.5539/jpl.v17n3p1","url":null,"abstract":"This study examines the role of Islamic Civil Society Organizations (ICSOs), specifically Muhammadiyah and Nahdlatul Ulama (NU), in addressing COVID-19 in Indonesia. In contrast to previous works, it focuses on their constructive criticism against the Indonesian government, which has undergone political absolutism leading to misguided policies in addressing COVID-19 Pandemics. Drawing on theoretical frameworks from Civil Society Organizations, this study shows that the two ICSOs constructively criticized the state for its inadequate, inconsistent, and contradictory policies on handling Covid 19 pandemics caused by political absolutism in the parliament. The results enriched the debate on Islamic Civil Society theories, shedding light on their voluntary and inclusive nature and their intricate relationship with government.","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":"115 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140987846","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":"Breaking the Risk of Conflict Trap: Way forward for Limiting Child Soldiers’ Phenomenon","authors":"Siwnan Rasakandan, Haezreena Begum","doi":"10.5539/jpl.v17n2p16","DOIUrl":"https://doi.org/10.5539/jpl.v17n2p16","url":null,"abstract":"The recruitment and use of children in armed conflicts or child soldier phenomenon has inflicted much pain and suffering to thousands of children in many countries during recent decades. This article examines the pathway to protect children from predatory recruitment as well as the prevention of those who are already recruited from becoming trapped into further violence, generically termed as ‘conflict trap.” In pursuance, the current law shall be applied as an instrument of social engineering to bring about the desired change towards the protection of child soldiers alongside the use of art and science of persuasion in promoting the ideas. Therefore, to accomplish the above desired social change, this article proposes three objectives: firstly, to explain the law in plain terms and present it as a valuable instrument designed to protect children in armed conflict situations; secondly, to enumerate the serious psycho-social impact to the mental health of the child, and the ensuing disruption of the cognitive and affective development of the child, that are often irreversible; thirdly, to present reintegration program that has transformed former child soldiers into international figures like Ishmael Beah. It is premised that these three objectives, if implemented in society, would be successful strategies in imputing the desired social change, which is to rally support for the elimination of child soldiering, thus diminishing some incentives for conflict perpetuation. Therefore, these strategies would help to prevent the recruitment and use of children in armed conflicts and in the long term will aid in the breaking away from conflict trap. As child soldiers in previous conflicts will be ready to resume fighting, limiting the impact of conflict traps becomes imperative to preserve a conflict free society.","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":"19 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140077265","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":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 17, No. 1","authors":"William Tai","doi":"10.5539/jpl.v17n1p59","DOIUrl":"https://doi.org/10.5539/jpl.v17n1p59","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 17, No. 1, 2024","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140421976","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":"Development Challenges in Egypt: Constraints, Practices, and Opportunities","authors":"Eslam M. Omar","doi":"10.5539/jpl.v17n2p1","DOIUrl":"https://doi.org/10.5539/jpl.v17n2p1","url":null,"abstract":"This paper analyzes the constraints, practices, and opportunities of Egypt’s development. Egypt experienced economic stagnation under the regime of President Hosni Mubarak which was exacerbated by the political situation that resulted from its end. Egypt’s economic efforts stalled and it was not until the end of the power struggle between the Muslim Brotherhood and the Egyptian Army, during the counterrevolutionary period, that political normalcy returned to the extent needed to focus on improvements of the domestic economic situation. This phase resulted in the election of President Abdel Fatah El-Sisi whose policies fought back against terrorism and initiated successful developmental efforts to address developmental constraints. These initiatives range from diplomatic efforts to solve the Nile River dispute between Egypt and Ethiopia, building roads and bridges, encouraging foreign investment, and increasing the supply of electricity. There is still a long way to go in terms of building various industries, increasing exports, lowering unemployment rates, and encouraging tourism as an important source of income and also a vital means of obtaining foreign currency. Successful development efforts in Egypt will allow for increased levels of self-sufficiency regarding agriculture and water as well as broader levels of prosperity across other sectors of production.","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":"79 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140440088","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":"Foreign Direct Investment’s Effect on Research & Development Spending in Middle-Income Countries","authors":"Anthony William Donald Anastasi","doi":"10.5539/jpl.v17n1p36","DOIUrl":"https://doi.org/10.5539/jpl.v17n1p36","url":null,"abstract":"This research delves into the intricate relationship between Foreign Direct Investment (FDI) inflows and Research and Development (R&D) spending in middle-income countries, with a particular focus on the concept of the “middle-income trap.” R&D spending is a key input for innovating and the creation of indigenous technology, which is key for middle-income countries to avoid the middle-income trap and advance towards high-income status. The study aims to determine whether FDI inflows act as a catalyst or a hindrance for R&D spending within the middle-income world. Utilizing Pooled Ordinary Least Squares (OLS) regressions to analyze data across various middle-income nations, a negative correlation between FDI inflows and R&D spending emerges. This counterintuitive result challenges the prevailing notion that FDI invariably promotes domestic innovation and raises questions about its role in potentially perpetuating the middle-income trap. These findings carry profound implications for both theoretical understanding and practical policy-making. They suggest that middle-income countries need to exercise caution in embracing FDI, balancing it with initiatives that foster domestic innovation capabilities. This approach could be pivotal in enabling these countries to successfully transition to high-income status, avoiding the stagnation often associated with the middle-income trap.","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":"709 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140482861","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 Critical Review of the FIFA’s Release of the Football Players from Ukraine under Annex 7 to Regulations on Status and Transfer of Players","authors":"Ammar Alrefaei","doi":"10.5539/jpl.v17n1p27","DOIUrl":"https://doi.org/10.5539/jpl.v17n1p27","url":null,"abstract":"Following Russia’s invasion of Ukraine, FIFA has issued several regulations addressing the new reality for Ukrainian football. One of those regulations, known as Annex 7 to the Regulations on the Status and Transfer of Players (RSTP) 2022, suspended the contracts of foreign players and coaches with Ukrainian clubs. A measure to protect the players, Annex 7 nevertheless was created and delivered without prior consulting with the Ukrainian Association of Football (UAF) or its clubs. This paper takes a socio-legal approach to critically review Annex 7 through the lens of the existing regulations and applicable laws while also considering such important sports objectives as fairness, competitiveness, and contractual stability. The paper concludes that with Annex 7, FIFA failed to recognize the needs of UAF-affiliated clubs, increased uncertainty, and could have created an undesirable precedent for future conflicts with European football clubs. Several recommendations concerning Annex 7 specifically and the regulatory procedures for FIFA, in general, are made to address these issues.","PeriodicalId":506678,"journal":{"name":"Journal of Politics and Law","volume":"5 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139438894","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}