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Full-Text Articles in Law
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
University of Miami International and Comparative Law Review
Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the …
Resolving Corporate Insolvencies In China: The Gap Between Law And Reality, Dr. Zhang Zinian
Resolving Corporate Insolvencies In China: The Gap Between Law And Reality, Dr. Zhang Zinian
University of Miami International and Comparative Law Review
This article examines how corporate insolvencies in China, the second largest economy, are handled under the current legislation, the China Enterprise Bankruptcy Law of 2006. Relying on the fresh empirical data arising from the first ten years on the use of China’s three insolvency procedures, reorganization, composition and liquidation, this article reveals the huge gap between the law in the books and the law in action, arguing that the implementation of this law in China perhaps has not achieved the legislative objectives. The constitutional and institutional weaknesses affecting the application of this law are analyzed
The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk
The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk
University of Miami International and Comparative Law Review
No abstract provided.
The South China Sea Arbitration Award, Bernard H. Oxman
The South China Sea Arbitration Award, Bernard H. Oxman
University of Miami International and Comparative Law Review
No abstract provided.
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
University of Miami International and Comparative Law Review
No abstract provided.
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
University of Miami International and Comparative Law Review
The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
University of Miami International and Comparative Law Review
China has opened its doors to the world so understanding Chinese contract law is crucial to succeeding in international business transactions. The United States and China are both signatories to the United Nations Convention on Contracts for the International Sale of Goods (CISG), and both nations have declared that neither are bound under Article 1(1)(b), which means that if a contractual conflict arises, the domestic law of either nation may apply when interpreting the contract. China only requires offer and acceptance whereas the United States requires mutual assent and consideration, so contract interpretation may be problematic. Beyond offer and acceptance, …
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
University of Miami International and Comparative Law Review
No abstract provided.
Student Article: The Chinese Legal System Made Easy: A Survey Of The Structure Of Government, Creation Of Legislation, And The Judicial System Under The Constitution And Major Statutes Of The Prc, Marc Rosenberg
University of Miami International and Comparative Law Review
No abstract provided.