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关键词law;
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Rule for Preferred Stock in China: Overthrow of the Principle of "Equal Shares, Equal Rights"?
The principle of “equal shares, equal rights” was established by the Company Law of 1993 of the People’s Republic of China. At the initial stage only issuance of common stocks was allowed and the issuance of preferred stocks was interpreted as prohib...
关键词：preferred stock; Company Law; equal right; preferred shareholder; institutional investor 作者/编者：徐冬根 机构：上海交通大学日期：2017/01/04 浏览：1623次 下载：0次 -
Research on Theory, Legislations and Practices about Regulating Non-practicing Entities in China
Non-Practicing Entities (NPE), as a subject, is a neutral concept, but the derogatory sense of translation and understanding on this concept and the chaos of understanding make the legal regulation of NPE encounter more difficulties and challenges. I...
关键词：Non-Practicing Entities; improper conduct; Patent Law; Anti-Unfair Competition Law; Anti-Monopoly Law 作者/编者：孟雁北 机构：中国人民大学日期：2017/01/04 浏览：2317次 下载：11次 -
CHINA’S RULE OF LAW INDEX: REPORT ON CHINESE LEGAL DEVELOPMENT
PREFACE China’s Rule of Law Index is a result of the co-researches of the “Innovation of Evaluation of the Rule of Law in China and its Generalization and Implementation” supported by the Major Issues of the National Social Science Foundation and th...
日期：2019/12/05 浏览：1610次 下载：2次 -
Law and Economics: Application and Solution in China
Aiming for application and solution of the Law and Economics in China, this book throws light upon theoretical paradigm and analytical framework of the Law and Economics; applies the Law and Economics to all department laws and the rule of law such a...
关键词：law; economics; law and economics; rule of law; china; chinese law; 作者/编者：Feng Yujun （冯玉军） 机构：中国人民大学日期：2020/01/19 浏览：942次 下载：0次 -
From Rites to Law
Chacteristics of Chinese Traditional Society and Chinese Traditional Law. A Publication of the Wells China Law & Society Library
日期：2020/01/20 浏览：1013次 下载：0次 -
Contract Law of China
Chinese Features of the Contract Law On March 15, 1999, the 2nd Session of the 9th National People’s Congress enacted the Contract Law of the People’s Republic of China, manifesting thereby not only the gradual consummation of the Contract Law, but a...
关键词：contract law; china; chinese contract law; contract law of the People's Republic of China 作者/编者：Wang Liming（王利明） 机构：中国人民大学日期：2020/01/20 浏览：1005次 下载：0次 -
Law of Real Rights
Mr. Wang Liming is Vice President of Remin University of China. He also serves as Professor and Doctoral Advisor, while additionally assuming the posts of Member and Convenor of the Legal Science Appraisal Group of the Academic Degrees Committee of t...
日期：2020/01/20 浏览：1031次 下载：0次 -
The Role of Precedents in Patent Granting Procedure
Unlike common law system that belongs to case law, China’s legal system is continental law system, subject to the “statute law”. In the patent granting procedure, only the Patent Law, the Implementing Regulations of the Patent Law and the Guidelines ...
关键词：Precedents; Patent Granting Procedure; Statute Law; Case Law 作者/编者：Yang Hongjun and Niu Weiran 机构：金杜律师事务所日期：2020/09/20 浏览：274次 下载：0次 -
Potential Impacts of the Proposed Anti-monopoly Law Amendments
Since the enforcement of the Anti-Monopoly Law of the People’s Republic of China (“AML”) in 2008, there are many related administrative law enforcement and judicial cases occurred. On the basis of a large number of decisional experi...
关键词：Anti-monopoly Law; Amendments; Compliance 作者/编者：Susan Ning, Kate Peng, Chai Zhifeng and Zhang Ruohan 机构：金杜律师事务所日期：2020/09/20 浏览：303次 下载：0次 -
IA Fundamentals丨3. Hard Law and Soft Law in IA
Most modern states have their own arbitration laws, while also having a relatively high tolerance and support for international arbitration awards. This is because, on the one hand, it is necessary to regulate the arbitration process through domestic...
关键词：International Arbitration; Hard law; Soft law 作者/编者：Guo Shining, Edwina Kwan, Benedict Porter, Domenico Cucinotta and Mao Mengtao 机构：金杜律师事务所日期：2020/10/12 浏览：356次 下载：0次 -
Why not Use the Time of Telework to Amend the AOA of FIEs?
The Foreign Investment Law of the People’s Republic of China (the “Foreign Investment Law”) that issued last year came into effect on January 1, 2020 together with the supporting Regulations for the Implementation of the Foreign In...
关键词：Foreign Investment Law; Foreign-invested Enterprises; Articles of Association; China 作者/编者：Wu Ye, Kuang Jingting and Tan Lanwei 机构：金杜律师事务所日期：2020/10/16 浏览：379次 下载：0次 -
COVID-19: Force Majeure under PRC, HK SAR and English law
The novel coronavirus COVID-19 has affected major cities and numerous towns in the PRC and around the world. On 30 January 2020, the Director General of the World Health Organization declared the coronavirus outbreak a “public health emergency of int...
关键词：COVID-19; Force Majeure; PRC Law; Hong Kong SAR Law; English Law 作者/编者：Wilson Antoon, Paul Starr and Mike Wang 机构：金杜律师事务所日期：2020/10/20 浏览：308次 下载：0次 -
China’s Anti-Monopoly Law Enters its Second Decade
The year 2019 marks the first complete year of enforcement for the Anti-Monopoly Bureau of State Administration for Market Regulation (“SAMR”)’s since its establishment as well as the start of the second decade of the Anti-Monopoly ...
关键词：Anti-Monopoly Law; Regulation System; Antitrust enforcement; China 作者/编者：Cheng Liu, Audrey Li, Yun Bi, Shenglan Liu, Lushen Hong and Jeff Liu 机构：金杜律师事务所日期：2020/10/20 浏览：401次 下载：0次 -
2019 China Tax Review
This article reviews and highlights the new individual income tax rules and major tax rules issued in 2019, which may impact on foreign companies doing business in China. The PRC Individual Income Tax Law (IIT Law) and its Implementing Regulations we...
日期：2020/10/20 浏览：362次 下载：0次 -
Implementing Regulation for Foreign Investment Law heralding a New Era of Foreign Investment Regime in China
On December 31, 2019, the State Council of China published the Implementing Regulation for the Foreign Investment Law of the PRC (the “FIL Implementing Regulation”). The FIL Implementing Regulation, together with the Foreign Investment La...
关键词：Foreign Investment Law; Implementing Regulation; China 作者/编者：Xu Ping, Yao Lijuan, Feng Caihong, Yao Ping and Zhu Jiancheng 机构：金杜律师事务所日期：2020/10/20 浏览：358次 下载：0次 -
China Signals Improvements for Foreign Investors
On 1 November 2019, the Ministry of Justice released the Implementing Regulations for the Foreign Investment Law of the People’s Republic of China (Draft for Comment) (“Draft Regulations”) which were jointly drafted by the Ministry ...
关键词：Foreign Investment Law; Draft Regulations; Investment Management; Regulatory Regime; China 作者/编者：Mark Schaub, Atticus Zhao, Dai Xueyun and Zheng Wei 机构：日期：2020/11/02 浏览：314次 下载：0次 -
China Signals Improvements for Foreign Investors
On 1 November 2019, the Ministry of Justice released the Implementing Regulations for the Foreign Investment Law of the People’s Republic of China (Draft for Comment) (“Draft Regulations”) which were jointly drafted by the Ministry ...
关键词：Foreign Investment Law; Draft Regulations; Investment Management; Regulatory Regime; China 作者/编者：Mark Schaub, Atticus Zhao, Dai Xueyun and Zheng Wei 机构：日期：2020/11/02 浏览：336次 下载：0次 -
China Signals Improvements for Foreign Investors
On 1 November 2019, the Ministry of Justice released the Implementing Regulations for the Foreign Investment Law of the People’s Republic of China (Draft for Comment) (“Draft Regulations”) which were jointly drafted by the Ministry ...
关键词：Foreign Investment Law; Draft Regulations; Investment Management; Regulatory Regime; China 作者/编者：Mark Schaub, Atticus Zhao, Dai Xueyun and Zheng Wei 机构：日期：2020/11/02 浏览：322次 下载：0次 -
China Signals Improvements for Foreign Investors
On 1 November 2019, the Ministry of Justice released the Implementing Regulations for the Foreign Investment Law of the People’s Republic of China (Draft for Comment) (“Draft Regulations”) which were jointly drafted by the Ministry of Commerce (MOFCO...
关键词：Foreign Investment Law; Draft Regulations; Investment Management; Regulatory Regime; China 作者/编者：Mark Schaub, Atticus Zhao, Dai Xueyun and Zheng Wei 机构：金杜律师事务所日期：2020/11/02 浏览：379次 下载：0次 -
China Foreign Investment Law: How Will It Impact the Existing FIEs?
It has been more than two months since China’s new Foreign Investment Law (FIL) was passed at the second session of the 13th National People’s Congress (NPC) of China on 15 March 2019. Some thought the FIL was an indication that the US-Ch...
关键词：Foreign Investment Law; foreign-invested enterprises (FIEs); Corporate Governance; China 作者/编者：Mark Schaub, Atticus Zhao, Dai Xueyun and Zheng Wei 机构：金杜律师事务所日期：2020/11/04 浏览：362次 下载：1次 -
New Amendments of Chinese Trademark Law will Provide Stronger Protection to Trademark Owner in Good Faith
Approved and announced by the Standing Committee of National People’s Congress on April 23, 2019, new amendments of Chinese Trademark Law become effective on November 1, 2019. Focusing on the attempts to stop trademark squatters and trademark infrin...
关键词：Chinese Trademark Law; Trademark Squatters; Trademark Infringement 作者/编者：Ding Xianjie 机构：金杜律师事务所日期：2020/11/04 浏览：417次 下载：1次 -
Global M&A: Know the differences btw PRC & foreign law contracts
In cross border transactions, there is sometimes a misconception amongst both PRC and foreign parties that all contracts are by and large the same, whether governed by PRC law or foreign law, and that the key to a good contract is just proper draftin...
关键词：Cross Border Transactions; Contracts; PRC Law; Common Law 作者/编者：Yong Kaichang and Jackie(Jiahe) Yu 机构：金杜律师事务所日期：2020/11/10 浏览：407次 下载：1次 -
The 1st Year Implementation of the Cybersecurity Law
2017 saw the official implementation of the Cybersecurity Law of the People’s Republic of China (“Cybersecurity Law”), building on past efforts and bringing new implications for the future. The implementation of the Cybersecurity La...
关键词：Cybersecurity Law; Cybersecurity Legislation; Law Enforcement Status 作者/编者：Susan NING and Han WU 机构：金杜律师事务所日期：2020/11/25 浏览：395次 下载：0次 -
Labor Law Enters the “Post-No. 481 Era”
On 24 November 2017, the Ministry of Human Resources and Social Security of the People’s Republic of China issued the fifth list of documents to be annulled. The Measures for Severance Payment due to Violation or Termination of Employment Contracts (...
关键词：Labor Law; Severance Payment; Medical Treatment Allowances 作者/编者：Linda Liang, Hongchuan Li 机构：金杜律师事务所日期：2020/12/04 浏览：90次 下载：1次 -
Who Is the First Person Responsible for Work Safety?
How to determine the persons responsible for work safety in enterprises? The situations in practice are usually more complicated than those indicated in the laws. After further research on the responsible party of work safety, the judicial and law en...
关键词：Work Safety Law; Amendments Proposal; Work Safety; the First Person 作者/编者：Liu Ting and Song Miao 机构：金杜律师事务所日期：2020/12/15 浏览：251次 下载：0次 -
Several“Must-knows” after the Cyber Security Law Took Effect
Over two months has passed since the Cyber Security Law of the People’s Republic of China (Cyber Security Law), a fundamental law in cyber security, took effect. Such a short period of time saw numerous changes: in legislation, implementing reg...
关键词：Cyber Security Law; Personal Information Protection; Network Operators 作者/编者：Susan Ning, Wu Han, Li Huihui and Zhang Lejian 机构：金杜律师事务所日期：2020/12/15 浏览：352次 下载：0次 -
Criminal Legislation for Personal Data Protection
The Cybersecurity Law of the PRC (the “Cybersecurity Law”) and the Judicial Interpretations on Issues Concerning the Application of Law in Handling Criminal Cases of Infringing on Citizens’ Personal Information (the “Judicial ...
关键词：Cybersecurity Law; Criminal Legislation; Personal Data Protection 作者/编者：Guan Feng, Luan Jianqi, Chen Yun, Dai Shuhui 机构：金杜律师事务所日期：2020/12/20 浏览：357次 下载：0次 -
A Brief Introduction to China’s Cybersecurity Law
China’s Cybersecurity Law (the “CSL”) was approved in November 2016, and took effect on June 1st, 2017. Being the first legislation devoted to cyberspace, this legislation governs the establishment, operation, maintenance and use of...
关键词：Cybersecurity Law; Network Operators; China 作者/编者：Cecilia (Xianying) Lou, Mark (Guangrui) Fu 机构：金杜律师事务所日期：2020/12/20 浏览：400次 下载：0次 -
Does Your Data Need “a Visa” to Travel Abroad?
The Cybersecurity Law of the People’s Republic of China (the “Cybersecurity Law”), adopted by the Standing Committee of the National People’s Congress on November 7th, 2016, will take effect on June 1st, 2017. In order to ensure its implementation, t...
关键词：The Cybersecurity Law; Data Transmission; Assessment Methods 作者/编者：Susan Ning, WU Han, YANG Nan, LI Huihui 机构：金杜律师事务所日期：2020/12/27 浏览：369次 下载：2次 -
The Cyber Security Law is coming! Five things enterprises should know
On 7 November 2016, the Chinese Cyber Security Law was approved by the Standing Committee of the National People’s Congress. The long-awaited Cyber Security Law will come into force on 1 June 2017, after three drafts spanning one and a half years. Th...
关键词：Cyber Security Law; Network Service Providers; Key Information Infrastructure; Personal Information Protection 作者/编者：Jiang Ke (partner), Yang Nan (associate) 机构：金杜律师事务所日期：2021/01/12 浏览：28次 下载：1次
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