Suchergebnisse

Kampagnen sind in der Volksrepublik China ein etabliertes Mittel zur Durchsetzung von politischen und rechtlichen Zielen. Seit dem Beginn der Reform- und Öffnungspolitik hat sich das Land wirtschaftlich rapide entwickelt, was ein Grund ist sowohl für die stetige Weiterentwicklung des lokalen Rechtssystems als auch für die Attraktivität Chinas für ausländische Arbeitskräfte. Dieses Buch untersucht die Rolle von Kampagnen im Kontext des chinesischen Einwanderungsrechts, das im Jahr 2012 grundlegend reformiert worden ist. Es geht dabei der Frage nach, warum die Revision des Gesetzes zur Verwaltung der Ein- und Ausreise mit der verstärkten Durchführung von Kampagnen gegen illegale Einwanderung und illegale Beschäftigung von Ausländern einherging. Zu diesem Zweck untersucht dieses Buch sowohl den inneren Aufbau der Kampagnen als auch die Einbettung des aktuellen Einwanderungsrechts in den Kontext des chinesischen Verwaltungsrechts.

The enactment of the FCPA and the formation of the OECD Anti-Bribery Convention created two historical events for theoretical analysis: because the FCPA unprecedentedly criminalized transnational bribery in 1977, its wisdom was initially questioned. Then, since the Convention endorsed the FCPA approach in 1997, academic focus was shifted to the practical effect of the Convention in controlling transnational bribery-—which is also the topic of this study. ; This study develops argument based on an awareness of the limitation of a popular methodology in current literature-—the problem-solving paradigm. This paradigm is grounded in the rational-choice tradition, assumes signatories' enforcement of the Convention as resulting from their self-serving purposes, labels the current level of Convention enforcement as "ineffective-enforcement", and borrows solutions from conventional collective action theories to prescribe. This paradigm well explains why most signatories have brought few enforcement actions. Yet its excessive commitment to orthodoxies prevents scholars from grasping the uniqueness of the collaboration and prescribing successful solutions. Besides, it avoids explaining why some signatories have indeed enforced the Convention. A historical approach that draws causality from a process's historicity is thus proposed as a supplementary methodology. ; This study analyzes signatories' compliance with the Convention by four steps: First, it explains a seemingly outdated but unexplained question—the dynamic of the institutionalization of the OECD anti-bribery collaboration, and finds that the central institutions did not result from signatories' trading off conflicting values and interests, but from their attempts to coordinate demands of different stakeholders within given institutional contexts. ; Second, this study explains why most signatories tend to defect rather than faithfully enforce the Convention, following the logic of the problem-solving paradigm: destabilizing factors in the indigenous collaboration ...

Chan, Yiu Ming Gordon. ; Thesis (Ph.D.)--Chinese University of Hong Kong, 2013. ; Includes bibliographical references. ; Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. ; Abstract also in Chinese.

Preliminary Material -- Chapter One Introduction: Cultural Governance and Chinese TV Drama Series -- Chapter Two The State and Its Officials in TV Dramas -- Chapter Three Securing the State: Law Enforcement and Military Action -- Chapter Four Justifying the State: Political Legitimacy and Accountability -- Chapter Five Creating the Political Discourses of TV Dramas -- Chapter Six The Chinese Television Drama Audience -- Chapter Seven Government Regulations and Censorship Mechanisms -- Chapter Eight Chinese Perceptions of Television's Function and Influence -- Chapter Nine Conclusion: Chinese TV Discourses and the Factors of Their Production -- Glossary of Technical Terms -- Bibliography -- Appendix -- Index.

Alcohol consumption, the third largest contributing risk factor towards global morbidity, has increased in the past 5 years despite global calls for action to reduce its significant impact on public health. Compared to most developed nations, Hong Kong has been shown to have lower levels of alcohol consumption by previously conducted research. However, Hong Kong's low alcohol taxes, wide availability of alcohol, and lax restrictions on marketing practices have the potential to increase the prevalence of alcohol use and binge drinking particularly among young adults 18-25 of age, lending them towards increased risks of neurological damage, unsafe sex, intentional and unintentional injuries, and impacts on school and work performance in addition to chronic health harms in the future. This thesis employs a mixed-methods approach to comprehensively examine the behavioral and environmental contexts of Chinese young adult drinking behavior, as well as to generate feasible, effective strategies at the health promotion and policy levels to reduce alcohol-related harm among this population subgroup. ; Cantonese-speaking young adults of Hong Kong (n=684) were invited between April and September 2011 to participate in a cross-sectional random telephone survey, during which they were asked about their drinking patterns and perceptions on a set of alcohol expectancy statements. Twelve focus groups (n=63) were then conducted between June 2012 – May 2013 to explore individual motivations to drink as well as possible environmental and social facilitating factors. A series of interviews conducted in January – April 2014 with key policy stakeholders, including representatives of law enforcement, education, government, food and beverage sectors, non-governmental organizations, and the alcohol industry, (n=16) then aimed to produce appropriate, actionable policies and interventions which can be undertaken as a means to reduce alcohol-related harm among young adults in Hong Kong. ; At the behavioural level, positive outcome ...

Law Wing Fai. ; Thesis (M.Phil.)--Chinese University of Hong Kong, 2005. ; Includes bibliographical references (leaves [151]-156). ; Abstracts in English and Chinese. ; ABSTRACT --- p.I ; 摘要 --- p.II ; ACKNOWLEDGEMENT --- p.III ; TABLE OF CONTENTS --- p.IV ; Chapter CHAPTER ONE --- INTRODUCTION --- p.1 ; Background --- p.1 ; Purpose --- p.3 ; Organization --- p.4 ; Chapter CHAPTER TWO --- REVIEW OF THEORIES AND LITERATURE --- p.5 ; The Literature on Foreign Direct Investment --- p.5 ; The Literature on Legal Issues --- p.10 ; Chapter CHAPTER THREE --- METHODOLOGY --- p.17 ; Data Collection --- p.17 ; Control Variables in Detail --- p.20 ; Design of Regression Models --- p.26 ; Methodology --- p.28 ; Chapter CHAPTER FOUR --- THE EFFECTS OF LEGAL FACTORS ON INVESTMENT MODE SELECTION --- p.29 ; Rationale for the Study --- p.29 ; Fundamental Differences between Partial Acquisition and JV --- p.30 ; Importance of Legal Institutions in the Choice of M&A and JV --- p.33 ; Hypothesis on the Effects of Legal Factors on Investment Mode Selection --- p.34 ; Hypothesis on Legal Origin --- p.34 ; Hypothesis on Shareholder Protection --- p.36 ; Hypothesis on the Government Enforcement Efficiency --- p.39 ; Hypothesis on Securities Regulation --- p.42 ; Hypothesis on Accounting Standard and Corporate Transparency --- p.42 ; Hypothesis on Other Legal Issues --- p.43 ; Empirical Evidence for the Effects of Legal Factors on Investment Mode Selection --- p.45 ; Legal Origin --- p.45 ; Shareholder Protection --- p.48 ; Government Enforcement Efficiency --- p.50 ; "Securities Regulation, Accounting Standard and Corporate Transparency" --- p.52 ; Other Legal Issues --- p.54 ; Chapter CHAPTER FIVE --- THE EFFECTS OF LEGAL FACTORS ON OWNERSHIP PROPORTION DECISION --- p.57 ; Rationale for the Study --- p.57 ; Hypothesis on the Effects of Legal Factors on Ownership Proportion Decision --- p.57 ; Hypothesis on Legal Origin --- p.59 ; Hypothesis on Shareholder Protection --- p.59 ; Hypothesis on Government Enforcement Efficiency --- ...

The arbitration law, relevant judicial interpretations and international treaties -- Arbitration agreements -- Foreign arbitration, arbitration with a foreign element and domestic arbitration -- The applicable law -- Limitation periods in arbitration -- Requests for arbitration, acceptance of proceedings and the defence -- Objections to jurisdiction -- Counterclaim -- Mechanisms for multi-party arbitration -- Preservation of property -- Preservation of evidence -- Interim injunctions in arbitration -- Representation -- Arbitral tribunal -- Evidence -- The hearing -- Arbitral award -- Enforcement of arbitral awards -- Judicial review over arbitration -- Med-arb -- Interim measures ordered by emergency arbitrator or arbitral tribunal

Unauthorised use of the trademark logo on social media on a massive scale has led to frequent legal conflicts between trademark holders, social media providers and internet users and legal uncertainty. The thesis concludes that trademark infringement and dilution laws in the U.S. and EU are inadequate to solve this problem. The trademark logo on social media should be protected against unauthorised use, even though it is not used to sell the good or service the trademark indicates, but is used in a commercial environment. Two premises for any solution are that first the enforcement should be made automatic, since litigation on a case-by-case basis is not scalable, and second that the safe harbour provisions for online service providers, that aggravate the problem, should be substituted for strict liability. The trademark logo can be seen as the personification of the trademark holder, and one can argue that the stability of the trademark logo is not only in the interest of the trademark holder but also of society at large. One can argue that trademark dilution already provides a kind of moral right of integrity for the trademark logo. However, this right is limited to trademark logos that are considered famous or have a reputation, and, moreover, that are used in a commercial way. This thesis argues that also the trademark logo that did not reach the requested level of fame or reputation and is used in a non-commercial way should also be protected against unauthorised use on social media. Therefore the moral right of integrity is proposed for the trademark logo. Until the law will be amended to include a moral right of integrity for the trademark logo, this thesis suggests to implement proactive solutions in the walled gardens of social media as a testing ground for potential legislation. This automated solution is scalable, makes intellectual property protection and enforcement not only effective but also more calibratable to social policy goals and will inevitable lead to an algorithmic justice. ...

Includes bibliographical references (p. [291]-309) and index ; China's legal system is characterized by the gap between law and reality. Focusing on regulatory law, and with reference to the foreign investment area, this book identifies the functional and structural problems within China's administrative legal system that perpetuate this gap. Topics examined in depth include China's unusual hierarchy of legislation, the lack of clear delineation between legal and policy norms, the great scope of discretion accorded to bodies charged with legal interpretation and implementation, the limited scope of judicial review, and the resulting problems of legislative inconsistency and haphazard legal enforcement. The book contends that China's legal system is being built on a faulty and incomplete basis, and that if these problems remain unaddressed, China's legal future is at risk ; published_or_final_version ; List of Diagrams ; Foreword ; Acknowledgments ; List of Abbreviations ; Bibliography p291 ; List of Statutes p311 ; Glossary of Chinese Words p321 ; Index p327 ; Ch. 1.Law and Reality ; Ch. 2.China's Administrative Legal Structure ; Ch. 3.Legal Flexibility ; Ch. 4.Legal Consistency ; Ch. 5.Implementation of Law ; Ch. 6.Legal Supervision ; Ch. 7.Conclusion ; The Role of Law and Its Contribution to Social Cohesion p4 ; The Basic Consensus Underpinning Social Order in Imperial China p17 ; Legal Reform 1904-1949: The Beginning of Normative Dislocation p20 ; The Manufacture and Breakdown of Consensus Underpinning China's Social, Political and Legal Order - 1949-78 p21 ; The Era of Reform (1978-Present) - The Attempt to Reconstruct Consensus Through Law p33 ; Law and Policy as Agents of Social Change p42 ; Renewal of Legitimacy Through Law p46 ; Lawmaking and Discretion p54 ; Hierarchy of Legislative Authority p55 ; Inherent and Conferred Power of State Power Organs and Administrative Bodies to Make Law p56 ; Lawmaking at the National Level p59 ; Lawmaking at the Local Level p83 ; Characteristics of Legal Drafting p95 ; Bringing Law Down to Reality - Specification and Administrative Interpretation p104 ; Normative Documents p105 ; Specification by State Council Departments p110 ; Specification by Local Government and Local Functional Departments p124 ; Legal Interpretation p135 ; Constitutional Supervision p148 ; Legislative Supervision p153 ; The Legal Status of Administrative Rules, Administrative Interpretations and Normative Documents p159 ; The Non-Application of Conflicting Rules and Normative Documents by Judicial and Quasi-Judicial Bodies p172 ; Tools of Legal Enforcement: Types of Specific Administrative Acts p190 ; Normative References Underlying the Policies of Legal Implementation Adopted by Administrative Bodies p222 ; Judicial Review and China's Lack of an Independent Legal Tradition p244 ; Administrative Review Organs and Their Ability (or Inability) to Perform Impartial Reviews of Administrative Action p260 ; Supervision by the Supreme People's Procuratorate p261 ; Supervision of Legal Implementation by Legislative, Administrative and Party Organs p263 ; The Implications of Continued Legal Dislocation p284 ; Preconditions for Further Development and Reform p285