간행물

China and WTO Review KCI 등재 SCOPUS

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권호

Volume 8 Number 2 (2022년 6월) 10

1.
2022.06 구독 인증기관 무료, 개인회원 유료
E-commerce has been rapidly growing in China which has quickly become the largest e-commerce market in the world. However, this has also led to an increasing number of e-commerce disputes. In practice, such disputes are resolved by online dispute resolution. As the results of online dispute resolution are not legally binding, however, China’s online arbitration procedure has been criticized especially regarding the conflicts between party autonomy and institutional autonomy. China’s judicial reviews would claim that such awards cannot be enforced. Therefore, there is a call to make online arbitral awards enforceable and to expand the application of online arbitration to more e-commerce disputes in China. This paper examines how to best analyse and address such conflicts. We explain the importance of arbitral institutions’ autonomy in terms of ensuring access to justice as well as the importance of limiting party autonomy in certain circumstances due to the rise in online disputes.
6,700원
2.
2022.06 구독 인증기관 무료, 개인회원 유료
The study aims to analyse data security in the financial and banking sector of China. The data laws provide a ‘consent-oriented’ approach where consent, along with a limited list of exceptions, is the legal basis for the processing of personal information. The personal data protection mechanism comprised the Data Security Law, the Cybersecurity Law, and the Personal Information Protection Law. Taken together, they cover all areas of information security and establish a severe data protection regime: they determine the scope of regulation, objects and subjects, responsibility, and institutional control mechanisms. For an accurate assessment, it is necessary to wait for the adoption of by-laws that specify the provisions of these laws. The financial and banking sector already has several by-laws in place that set stringent standards for the security of personal information. The leading role in this mechanism is taken by the financial regulator - the People’s Bank of China.
5,800원
3.
2022.06 구독 인증기관 무료, 개인회원 유료
This paper aims to examine the progressive development process of the ASEAN under the UN 2030 Agenda for sustainable development. As of 2022, the ASEAN Member States have a total population of 622 million people and a combined GDP of USD 3.2 trillion. The ASEAN’s main focus is integration by connectivity which has been facilitated by “the ASEAN Way.” The ASEAN connectivity was upgraded into a single community through the ASEAN Vision 2020 comprehensively formalized by the Bali Concord II in 2003. The ASEAN has been geographically expanding towards Northeast Asia (ASEN+3) and then Oceania with India (ASEAN+6). It was also connected to the Regional Comprehensive Economic Partnership (RCEP) which is the biggest mega FTA in the contemporary world. With the Vision 2025, furthermore, the ASEAN Community reset its direction to sustainable development goals which are the main objective to attain for the Association under the Master Plan 2025.
6,400원
4.
2022.06 구독 인증기관 무료, 개인회원 유료
In recent years, juvenile offenders have made up an increasing number of all criminal suspects, and minor crimes are becoming a more serious social problem in most countries and regions around the world. While community correction occupies a very important position in the minor crime punishment system, current community correction risk assessments mainly depend on qualitative analysis or simple mathematical statistics using collected data. In combination with relevant theories and regulations, this paper offers a systematic look at the development and theories of community correction and the related risk assessment system and analyzes the characteristics of community correction risk assessment methods of juvenile offenders in different countries. Moreover, it discusses some new risk assessment technologies based on artificial intelligence theory for community correction risk evaluation of juvenile offenders. The effectiveness of the proposed community correction risk assessment method is verified using some real-world community correction assessments.
6,700원
5.
2022.06 구독 인증기관 무료, 개인회원 유료
On October 22, 2021, the Ministry of Commerce of the People’s Republic of China (PRC) promulgated the Development Plan for the Utilization of Foreign Capital during the 14th Five-Year Period. The plan has attracted wide attention from investors and scholars at home and abroad. The global economic recovery is full of unpredictable challenges due to the spread of Covid-19, so absorbing foreign investment is critical to the economic development in most countries. The plan was based on the 14th Five-Year Plan for National Economic and Social Development and the Outline of Long-term Objectives for 2035. China is changing the direction of attracting investment from manufacturing industry to service industry. This article discusses China’s current utilization of foreign capital and analyzes the newly promulgated plan, including its key features, overall objectives, and basic tasks. It also examines the opportunities and challenges China faces in its future utilization of foreign capital.
7,000원
6.
2022.06 구독 인증기관 무료, 개인회원 유료
There are different approaches worldwide on how to regulate cryptocurrency: legalization, partial ban, or absolute ban. China has chosen the third option. Since 2013 the PRC has been introducing restrictive measures targeting ICO, Bitcoin and other cryptocurrency activities. In 2022 it finalized the formation of a legal framework for cryptocurrency regulation by publishing “Judicial Interpretation on Illegal Fundraising Criminal Cases.” The main reasons for the prohibitive Chinese approach are combating money laundering, ICO related scams, and illegal financing, i.e., public interest prevails over private interests. An analysis of the judicial practice of Chinese courts demonstrates that despite a rising number of cryptocurrency related civil disputes, plaintiffs are deprived of judicial protection because investing in digital financial assets is illegal and the rights of investors are not legitimate. The paper argues that a cryptocurrency ban makes it impossible to satisfy claims concerning illegal fundraising activities, while encouraging investors not to have any relations with illegal agents, brokers or exchanges.
6,100원
7.
2022.06 구독 인증기관 무료, 개인회원 유료
Outward Foreign Direct Investment (OFDI) is the cross-border capital flow with the objective of the long-term association having at least a ten percent stake in the equity of the host country firm. In the case of new investment, the total equity is OFDI. This research aims to analyze OFDI in the context of China. The lasting interest is considered 10% equity, thereby saying that if the cross-border investment is at least 10% of the equity share capital, the investment would be considered FDI; if below 10%, it is considered to be a Portfolio Investment. We have applied a more emic approach and discussed the determinants of multinational companies (MNCs) from China. Using an exploratory and qualitative approach, case studies of Chinese MNCs are discussed. Secondary data is utilized to obtain a closer insight into the determinants of OFDI from Chinese MNCs. At the end of this paper, suggestions for OFDI policymakers and study limitations are discussed. This research makes recommendations to the Chinese government regarding OFDI in connection with their economic development.
5,200원
8.
2022.06 구독 인증기관 무료, 개인회원 유료
Since its accession with WTO, China has claimed that free trade agreement makes international trade liberal by reducing trade barriers, establishing a pleasant exchange and flow of goods and services, promoting economic corporation, and enhancing economic growth. As the free trade agreement is inefficacious in gaining mass global consensus, China’s constructive approach towards free trade has induced many debates. By discussing Marxist perspective on free trade, this study begins with analyzing the theoretical source of Marx’s ideas on free trade and aims to apprehend China’s approach towards free trade. The author uses descriptive and critical analysis to understand China’s approach towards free trade based on Marx’s early writings. Further to analyzes the economic and legal aspects of China’s free trade agreement, empirical analysis is used. The paper argues that free trade agreement is a progressive plan and neutral economic policy which can bring economic prosperity in any economy as it holds the potential to be the leading economic concept by offering win-win opportunities to both the Contracting parties.
5,200원
9.
2022.06 구독 인증기관 무료, 개인회원 유료
Economists believe that if the legal remedy for breach is expectation damages, the idea of efficient breach allows us to forecast when parties will choose to breach a contract. On the other hand, the economic premise of rational wealth-maximizing actors fails to reflect significant nonmonetary values and incentives that impact behavior in predictable ways. People act following shared community norms, such as the moral norm of honoring pledges, when interpersonal duties are informal or underspecified. However, when the parties specify or otherwise formalize punishments for uncooperative behavior, it becomes more strategic and self-interested. The remedy for breach is made apparent with a liquidated-damages clause. This article will highlight the issues about the cure for breach in cases where liquidate damages clause is exploited, focusing on the Common law and precedents by eminent judges, including Pakistan’s legislation.
4,600원
10.
2022.06 구독 인증기관 무료, 개인회원 유료
The Department of Chinese Legal Culture at the University of Cologne is the most established center of excellence in research and teaching of Chinese law in continental Europe. The approach practiced by researchers in the Department of Chinese Legal Culture combines doctrinal legal analysis with an emphasis on the context within which the law operates. In terms of the research and teaching, it covers, inter alia, constitutional and administrative law, criminal and criminal procedure law, judicial reforms, the social credit system and Chinese positions on international law. The Department of Chinese Legal Culture maintains a wide network of cooperation partners in Mainland China and Hong Kong. It frequently hosts conferences and workshops on timely and relevant issues of Chinese law and innovative research approaches. Together with the European China Law Studies Association, the Department of Chinese Legal Culture has initiated the European Chinese Law Research Hub that shares widely current and important research on Chinese law.
4,600원