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On Judicial Management from Comparative Perspective
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.
Comparative Civil Procedure
Bringing together an international array of legal scholars, this discerning Research Handbook provides a comparative analysis of civil procedure law. Chapters examine the rules that dictate how a civil dispute is initiated, processed, decided and enforced in a court of law, comparing each aspect of the procedure across continents including Asia, Europe and the Americas.
Civil Litigation in China and Europe
This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is...
Politics Meets Markets
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 ful...
Continuous Disclosure of Chinese Cross-Border Listed Companies in Australia
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...
Russian Law Journal
The “Russian Law Journal” (RLJ) magazine is one of the first English-language legal academic editions regularly published in Russia. It is an All-Russian interuniversity platform designed to promote Russian legal researches abroad. The magazine is meant for both Russian and foreign readers including major world legal libraries, academics and practicing lawyers. International editorial board and editorial team are represented by professors from leading world centers of legal education and legal science, like Harvard, Yale, Cambridge and La Sorbonne, as well as by scientists from Russian law schools (Moscow State University, Kutafin Moscow State Law University, Saint-Petersburg State University, Higher School of Economics).
Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of ci...
Trade Secrets and Market Dominance
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.
Mediation in Contemporary Chinese Civil Justice
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
