基本信息

The Wells-China Law & Society Library is aimed at building a collection of books, periodicals, papers, special reports, and any other valuable material on Chinese legal and social development. “法治中国”主题文献库系由Wells首创的中国法律文化和中国法学学术“走出去”重大项目,重点收录有关中国的法律、政治、经济、社会发展、国际关系、外交、贸易等学术专著、期刊、论文、专题报告、法律法规、案例等相关文献,并以英语为主在海外出版、发行、通过HeinOnline, vlex等数据库传播,以期提升中国法学学术影响力,让世界更好了解法治中国和社会的发展及成就。

论文 Papers(6)

  • The Realities of Law Are the Winning Narratives

    This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle’s methodology the author then wants to discuss the concept of enthymeme, the “rhetorical syllogism,” in Aristotle’s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.

    作者/编者:João Maurício Adeodato 机构:Federal University of Pernambuco 日期:2017-02-08 16:12:43 浏览:1721次 
  • 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 prohibited. The Company Law of 2006 has changed the rigidity of provisions of the Company Law of 1993 and laid down the legal foundation for issuance of preferred stock. The Rule for Administration of the Pilot Project for Preferred Stocks released on March 21, 2014 by the China Securities Regulatory Commission started the issuance of the preferred stocks in the Chinese capital market. The establishment of the legal system for issuance of preferred stock in China is not the symbol of overthrowing the principle of “equal shares, equal rights,” but the expansion and development of the principle of “equal shares, equal rights” in a new era.

    作者/编者:徐冬根 机构:上海交通大学 日期:2017-01-04 11:14:00 浏览:2026次 
  • Rethinking Inclusion: Is There a Right to Inclusive Education?

    By combining theories of education, human rights law, and political philosophy, the author provides lenses to understanding inclusive education, thereby establishing consensus on the new, cognitive grounds over the description of a better inclusive education system for all children. The investigation is guided by two research questions. The first question concerns what description we should hold for a better education system inclusive of disabled children. The second addresses how to arrive at a consensus over that better system among stakeholders and within the whole society. To answer these questions, the investigation is conducted through both transcendental and comparative routes. Firstly, to contextualize this research, a brief review of theoretical disagreements on inclusive education is provided, and a case study of China’s struggles towards inclusion is presented. The theoretical review and the case study provide concrete information for later assessment and comparison between reality and the ideal plan. Meanwhile, the author discusses ways to go beyond binary thoughts and disorganized practice. To achieve the goal, transcendental thought experiments are employed to generate new grounds for a more comprehensive, inclusive project; the idea of a right to inclusive education is elaborated.

    作者/编者:倪震 机构:不详 日期:2017-01-04 14:47:32 浏览:2163次 
  • Confidential Geodata Protection in China: Challenges, Liability Concerns and Possible Solutions

    In recent years, a growing number of foreign companies and individuals were involved in geodata violations in China. The Chinese government is facing greater pressure to protect confidential geodata within its territory. Geodata violations occurred in the course of illegal mapping and surveying, geographical and geological data collection and transactions. Although China has reformed laws and regulations to refine some aspects of confidential geodata management, existing rules remain ambiguous and controversial. This article aims to address the liability concerns raised among foreign companies from geodata violations. After defining the three most significant concepts, geological data, mapping and surveying, and state secrets, this article reviews the status quo, reasons for and impacts of geodata violations in China, to find out how big the problem is and why it matters. It then explores the legislative framework of state secrets protection in the context of geodata management; special focus is put on liability issues and problems of the current system. As a response to existing arguments, possible ways to improve confidential geodata protection and some practical tips for foreign businesses are offered.

    作者/编者:赵小波 机构:南昆士兰大学 日期:2017-01-03 16:39:11 浏览:1964次 
  • Silent Changes: Transsexuals' Right to Marry in China's Mainland and Hong Kong

    In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.

    作者/编者:郭晓飞、朱静姝 机构:中国政法大学 日期:2017-03-01 11:08:04 浏览:2302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. In fact, NPE issues are concerned, discussed and researched in China within quite a long period, however, it would not become an outstanding legal issue nowadays. NPE as a market entity, its existence is legitimate per se, and what the law should focus on is the unfair conduct that NPE might be engaged in rather than the subject of NPE itself. It is not necessary to make specific articles and provisions on the subject of NPE at present in the Patent Law of the People’s Republic of China (PRC) and the Anti-Unfair Competition Law of the PRC which are revised in China, and a serial of rules and guidelines for Anti-Monopoly Law of the PRC which are formulated in China. It proved that the unfair conducts of NPE should be regulated according to Patent law, Anti-Unfair Competition Law and Anti-Monopoly Law as well as, reconfirmed that the conclusion that the regulation of NPE in China laws focus on conducts rather than subject in a serial of cases such as the anti-monopoly investigation case against INTERDIGITAL Corporation initiated by the National Development and Reform Commission, the case that the Ministry of Commerce imposed restrictive conditions to approve that Microsoft acquired Nokia equipment and service business, and the commercial defamation case that Shenzhen Libang Precision Instrument Co., Ltd vs Shenzhen Mairui Biological Medical Electronic Co., Ltd which was reviewed by the Supreme People’s Court.

    作者/编者:孟雁北 机构:中国人民大学 日期:2017-01-04 11:20:29 浏览:2856次