Contemporary Chinese Civil and Commercial Law – serie

This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.

This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.

This book explores the circumstances where the use of trade secrets may constitute the abuse of market dominance under competition law. Trade secrets have been valuable intangible assets for companies in the modern market. While it is imperative to protect trade secrets, noteworthy is that the exploitation of trade secrets may lead to anti-competitive concerns and may require antitrust intervention. By examining comparative experience from both sides of the Atlantic, this book provides specific suggestions for China’s competition authorities to handle anti-monopoly cases concerning trade secrets. This book is of interest for readers in the field of competition law and intellectual property law, particularly for those who are researching on the interaction between antitrust and intellectual property law.

This book provides an in-depth discussion and introduction to Chinese civil procedure from both a theoretical and practical perspectives, as well as a comparative study of its relevant systems with those of the West. The subject matter of this book is Chinese civil judgments. Judgments, as the final judicial product which affects the legal relationship between both parties or even multiple parties, provide a desirable objects to observe and evaluate the service of judicial proceedings and the protection of the parties’ procedural rights. And since judgments are in most cases regarded as the default termination of any civil litigation, there is no need to argue for a comparative study on this topic which has already inspired Chinese doctrines and newest reforms. One of the aims of such research is to modernize Chinese civil justice considering the experience of leading legal counterparts.Next to the theoretical analysis, this book introduces empirical data in China to the English literature, which could provide a vivid illustration for legal researchers to be better informed about the Chinese legal system and its real version of rule of law. In other words, this book likes to describe the real judicial practice in China and summarize how Chinese lawyers understand and facilitate the production of civil judgments.Moreover, this book intends to focus on the adjudicative techniques in the civil litigation, which should constitute the mutual basis of most civil justice. Even there is no well-developed theory under the name of “Adjudicate Techniques” in some jurisdictions, it is not uncommon to discover some principles, methods, institutions, and practical operation, which is functionally and substantially comparable to the ones in other civil justice systems.

This book provides an in-depth discussion and introduction to Chinese civil procedure from both a theoretical and practical perspectives, as well as a comparative study of its relevant systems with those of the West. The subject matter of this book is Chinese civil judgments. Judgments, as the final judicial product which affects the legal relationship between both parties or even multiple parties, provide a desirable objects to observe and evaluate the service of judicial proceedings and the protection of the parties’ procedural rights. And since judgments are in most cases regarded as the default termination of any civil litigation, there is no need to argue for a comparative study on this topic which has already inspired Chinese doctrines and newest reforms. One of the aims of such research is to modernize Chinese civil justice considering the experience of leading legal counterparts.Next to the theoretical analysis, this book introduces empirical data in China to the English literature, which could provide a vivid illustration for legal researchers to be better informed about the Chinese legal system and its real version of rule of law. In other words, this book likes to describe the real judicial practice in China and summarize how Chinese lawyers understand and facilitate the production of civil judgments.Moreover, this book intends to focus on the adjudicative techniques in the civil litigation, which should constitute the mutual basis of most civil justice. Even there is no well-developed theory under the name of “Adjudicate Techniques” in some jurisdictions, it is not uncommon to discover some principles, methods, institutions, and practical operation, which is functionally and substantially comparable to the ones in other civil justice systems.

The book highlights several aspects with 'Chinese characteristics' that set the country's financial system apart. One key element is the significant influence of the Communist Party of China (CPC) on the financial markets. The Party plays a crucial role in shaping and driving policies within the financial sector, reflecting a distinct interplay between politics and finance. Additionally, the book emphasizes the involvement of various authorities within the government, the court system, and the intricate relationship between the courts and the governments in influencing the dynamics of the financial markets. These factors collectively contribute to a distinctive environment that cannot be fully understood through conventional theoretical frameworks.The major analytical points of the book revolve around the intricate triangular relationships among China's politics, financial market rules, and the financial markets themselves. The authors argue that relying solely on any existing school of thoughts is insufficient for comprehending the complexities of China's financial landscape. Instead, the book explores the multifaceted connections between politics, courts, and the financial markets. It delves into how political forces drive the formulation, development, and enforcement of financial market rules, including the roles played by various government bodies and the legal system. Unlike a focus on regulations and rules merely 'on paper,' the book takes a grounded approach by investigating China's financial markets rules in practical terms. By doing so, it seeks to discover the underlying logic behind the unique features of China's financial system, providing a nuanced understanding of the interactions between political forces, legal frameworks, and the financial markets in the Chinese context.

The book highlights several aspects with 'Chinese characteristics' that set the country's financial system apart. One key element is the significant influence of the Communist Party of China (CPC) on the financial markets. The Party plays a crucial role in shaping and driving policies within the financial sector, reflecting a distinct interplay between politics and finance. Additionally, the book emphasizes the involvement of various authorities within the government, the court system, and the intricate relationship between the courts and the governments in influencing the dynamics of the financial markets. These factors collectively contribute to a distinctive environment that cannot be fully understood through conventional theoretical frameworks.The major analytical points of the book revolve around the intricate triangular relationships among China's politics, financial market rules, and the financial markets themselves. The authors argue that relying solely on any existing school of thoughts is insufficient for comprehending the complexities of China's financial landscape. Instead, the book explores the multifaceted connections between politics, courts, and the financial markets. It delves into how political forces drive the formulation, development, and enforcement of financial market rules, including the roles played by various government bodies and the legal system. Unlike a focus on regulations and rules merely 'on paper,' the book takes a grounded approach by investigating China's financial markets rules in practical terms. By doing so, it seeks to discover the underlying logic behind the unique features of China's financial system, providing a nuanced understanding of the interactions between political forces, legal frameworks, and the financial markets in the Chinese context.

This book studies an overarching question of the challenges faced by Chinese lawmakers, Chinese listed companies, Chinese companies’ external advisers, and securities regulators in dealing with Chinese cross-border listed companies’ continuous disclosure in Australia, and how can these challenges be addressed. Chinese listed companies are struggling to meet the continuous disclosure requirements while listing in Australia and have even been depicted as having poor corporate governance and transparency. Many get delisted from the securities market in Australia subsequently due to non-compliance in continuous disclosure or are straight rejected from listing because of continuous disclosure compliance concerns. This book cuts in from this angle and delves deep into the overarching question through the following four sub-questions: What are the theories and policies behind the continuous disclosure regimes in Australia and China and how have they been differently implemented in the securities markets in these two countries? What are the deficiencies, at the intracompany level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the limitations, from the perspective of external advisers’ efforts, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the difficulties, at the regulatory level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? In addressing these questions and putting forward corresponding reform proposals, this book takes not only legal but also historical, cultural, and political-economic factors into consideration.