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Principle of Criminal Imputation for Negligence Crime Involving Artificial Intelligence (Artificial Intelligence and the Rule of Law)
by Shuhong ZhaoThis book provides an in-depth discussion of the theoretical and practical issues of criminal imputation for negligence crime involving artificial intelligence. Accordingly, this study combines the imputation challenges brought about by AI with traditional criminal imputation theory and analyses imputation for negligence crime involving AI from three aspects: the basic principles, structure, and results of imputation for negligence crime involving AI. The traditional theory of imputation is discussed in detail. The readership is a group of people interested in this topic, including, in particular, interested laymen, undergraduate students and postgraduate researchers. The highlights of this book are it identifies the imputation challenges bought about by AI, reveals the theoretical and practical gap in the criminal imputation of negligent crimes involving AI, and provides an in-depth and creative ideas of criminal imputation for the negligent crimes involving AI.
Developing an Appropriate Contaminated Land Regime in China
by Xiaobo ZhaoLike all industrialized countries, China has encountered increasing problems with land contamination in recent years. Abandoned mining and manufacturing sites and obsolete industrial complexes, while also creating new polluting industrial enterprises, represent impending environmental threats. More importantly, a number of social and economic problems have developed and must be dealt with, in some cases urgently. Contaminated land laws and regulations have been established and have evolved in the US and UK and many other jurisdictions over the past few decades. These regimes have substantially influenced the relevant legislation in the context of numerous Asian and European countries and will inevitably benefit similar legislative efforts in China. This book is the first monograph that focuses on how China can learn from the US and UK with respect to contaminated land legislation and comprehensively illustrates how contaminated land law could be created in China. It will be of interest to academics and practitioners in environmental law in China, as well as the US and UK.
Developing an Appropriate Contaminated Land Regime in China: Lessons Learned From The Us And Uk
by Xiaobo ZhaoLike all industrialized countries, China has encountered increasing problems with land contamination in recent years. Abandoned mining and manufacturing sites and obsolete industrial complexes, while also creating new polluting industrial enterprises, represent impending environmental threats. More importantly, a number of social and economic problems have developed and must be dealt with, in some cases urgently. Contaminated land laws and regulations have been established and have evolved in the US and UK and many other jurisdictions over the past few decades. These regimes have substantially influenced the relevant legislation in the context of numerous Asian and European countries and will inevitably benefit similar legislative efforts in China. This book is the first monograph that focuses on how China can learn from the US and UK with respect to contaminated land legislation and comprehensively illustrates how contaminated land law could be created in China. It will be of interest to academics and practitioners in environmental law in China, as well as the US and UK.
The Duty of Medical Practitioners and CAM/TCM Practitioners to Inform Competent Adult Patients about Alternatives
by Xiju ZhaoThe book pays interest to a small and almost untouched topic: a health practitioner' s duty to inform about alternatives. It covers both orthodox medicine practitioners and CAM practitioners. The topic is explored in a co mparative way, examining the laws of not only common law jurisdictions, such as the USA, England, Canada, Australia, New Zealand, but also two East Asia jurisdictions ( China and Japan ) . It uses the collective wisdom of several common law jurisdictions, but also differentiates them. It places the issue of "disclosure of alternatives" in a clear and wider context, making a cogent distinction between diagnosis/treatment and information disclosure.
Chinese Environmental Law
by Yuhong ZhaoSince the economic take-off of the 1980s, China has undertaken industrialization and urbanization at unprecedented scale and speed. As it became the world's second largest economy, the burden of pollution has reached the limits of nature's carrying capacity. Chinese Environmental Law provides a comprehensive, structured and up-to-date analysis of the increasingly sophisticated Chinese environmental law regime. It examines the statutory regulation of pollution in detail, covering key environmental statutes, policies and plans, and investigates judicial innovation in the interpretation and application of environmental legal instruments. The book presents Chinese environmental law in action and in context. By discussing key institutions and processes, readers gain exposure to the operation of Chinese environmental law and the dynamic interactions among different institutions, both state organs and non-governmental organizations. The unique socio-economic and political context presents special challenges to the implementation and enforcement of environmental law in China.
International Governance and the Rule of Law in China under the Belt and Road Initiative
by Yun ZhaoThe edited volume aims at examining China's role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals, but also local demand, socio-political circumstances, to explain and understand China's legal interactions with countries along the Road, so that more useful insights can be produced in predicting and analysing China's as well as other emerging Asian countries' legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong have contributed to this edited volume, which produces academic dialogues and conducts intellectual exchanges in specific sub-themes.
Mediation and Alternative Dispute Resolution in Modern China (Modern China and International Economic Law)
by Yun ZhaoThe book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.
Chinese Legal Reform and the Global Legal Order: Adoption and Adaptation
by Yun Zhao Michael NgThis volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.
Online Resolution of E-commerce Disputes: Perspectives from the European Union, the UK, and China
by Jie ZhengThis book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
The Complementarity Between the Nagoya Protocol and Human Rights: Genetic Resources, Traditional Knowledge and the Rights of Indigenous Peoples and Local Communities (Sustainable Development Goals Series)
by Xiaoou ZhengThis book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.
Household Energy Consumption in China: 2016 Report
by Xinye Zheng Chu WeiThis book is primarily based on data from the third analysis of domestic energy consumption, and it combines the conclusive summarizes from the previous two investigations. The book sets out to extend the spatial dimension of the research to a global one and discusses future development of domestic energy consumption from a global perspective. Additionally, the book seeks to discover general rules and diversity features via comparison, domestic vs. global. Future predictions via observations and summaries of history are provided for the reader in this volume as well. The studies in this volume not only provide a basic and supportive index for academic research, but also provide readers with a concrete sketch for people to understand energy use in their day-to-day lives, and it provides policy makers with fundamental, need-to-know data.
The Legal System of Art Auction in China
by Zhen ZhengThis book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.
State-Owned Enterprise's Ownership Reform: A Chinese Modernization Approach (China Perspectives)
by Zhigang ZhengIn reviewing the new round of state-owned enterprise (SOE) reforms characterized by mixed ownership since 2013 in China, this book systematically investigates the theoretical underpinnings, model options and approaches to implementation of SOE mixed-ownership reforms. SOE reforms have functioned as an integral part of China’s transformation to a market-oriented economy. Responding to the changing economic context and negative repercussions of earlier SOE reforms launched in the late 1990s, SOE mixed-ownership reforms encourage the participation of different types of capital and sounder management mechanisms. The author first reviews the impetus behind SOE mixed-ownership reforms and discusses how modern property rights theory and decentralized control theory perform as the theoretical underpinnings of the reforms. Based on cases of many completed SOE mixed-ownership reforms, the book summarizes and assesses the feasible models and implementation details of the reforms. It also examines how the reforms have impacted state-owned assets as well as executives’ compensation and incentives, both of which run parallel to the core reforms surrounding ownership. The book will appeal to professional readers studying entrepreneurial theory, corporate governance, China’s SOE reforms and Chinese business and the economy, as well as investors and policy makers interested in the Chinese market and Chinese enterprise reform.
China, Cultural Heritage, and International Law (Routledge Research in International Law)
by Hui ZhongChina is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
The Regulatory Regime of Food Safety in China
by Guanqi ZhouThis book examines the decade from 2004 to 2013 during which people in China witnessed both a skyrocketing number of food safety crises, and aggregating regulatory initiatives attempting to control these crises. Multiple cycles of "crisis - regulatory efforts" indicated the systemic failure of this food safety regime. The book explains this failure in the "social foundations" for the regulatory governance of food safety. It locates the proximate causes in the regulatory segmentation, which is supported by the differential impacts of the food regulatory regime on various consumer groups. The approach of regulatory segmentation does not only explain the failure of the food safety regime by digging out its social foundation, but is also crucial to the understanding of the regulatory state in China.
The Routledge Companion to Accounting in China (Routledge Companions in Business, Management and Accounting)
by Haiyan ZhouThere is increasing interest in accounting issues in China. Despite a relatively short history, China's stock market is the world's second largest. This growth has been accompanied by increasing demand for accounting information alongside reforms of accounting and auditing rules, as international investors have paid increasing attention to investment opportunities in this dynamic and energetic country with a large population and economic growth potentials. Despite this, at present there are few books which offer students, academics and practitioners a comprehensive guide to current accounting issues in China. The Routledge Companion to Accounting in China fills this important gap in the literature. The volume is organized in six thematic sections which cover capital market and corporate finance, financial accounting, managerial accounting, auditing, taxation and internal controls. The structure is intended to reflect the increasing diversity of contemporary accounting issues in China, including a balanced overview of current knowledge, identifying issues and discussing relevant debates. This book is a prestigious reference work which offers students, academics and practitioners an introduction to current accounting issues in the emerging market of China.
Information and Communications Security: 21st International Conference, ICICS 2019, Beijing, China, December 15–17, 2019, Revised Selected Papers (Lecture Notes in Computer Science #11999)
by Jianying Zhou Xiapu Luo Qingni Shen Zhen XuThis book constitutes the refereed proceedings of the 21th International Conference on Information and Communications Security, ICICS 2019, held in Beijing, China, in December 2019. The 47 revised full papers were carefully selected from 199 submissions. The papers are organized in topics on malware analysis and detection, IoT and CPS security enterprise network security, software security, system security, authentication, applied cryptograph internet security, machine learning security, machine learning privacy, Web security, steganography and steganalysis.
Environmental and Resource Protection Law
by Ke Zhou Luozhi Yi Xinjian Su Youhai SunThis book mainly focuses on environmental and resource law under Chinese law, involving secondary disciplines such as international law, civil law, administrative law and criminal law, as well as issues related to other first-class disciplines such as environmental science and ecology. The contents include general theory of environmental law (basic theory), prevention and control of environmental pollution, natural resources protection law and international environmental law. It basically covers all fields of China's environmental law and is a handy reference for those seeking to understand it.
Growing Up American: How Vietnamese Children Adapt to Life in The United States
by Min Zhou Carl L. BankstonVietnamese Americans form a unique segment of the new U. S. immigrant population. Uprooted from their homeland and often thrust into poor urban neighborhoods, these newcomers have nevertheless managed to establish strong communities in a short space of time. Most remarkably, their children often perform at high academic levels despite difficult circumstances. Growing Up American tells the story of Vietnamese children and sheds light on how they are negotiating the difficult passage into American society. Min Zhou and Carl Bankston draw on research and insights from many sources, including the U. S. census, survey data, and their own observations and in-depth interviews. Focusing on the Versailles Village enclave in New Orleans, one of many newly established Vietnamese communities in the United States, the authors examine the complex skein of family, community, and school influences that shape these children's lives. With no ties to existing ethnic communities, Vietnamese refugees had little control over where they were settled and no economic or social networks to plug into. Growing Up American describes the process of building communities that were not simply transplants but distinctive outgrowths of the environment in which the Vietnamese found themselves. Family and social organizations re-formed in new ways, blending economic necessity with cultural tradition. These reconstructed communities create a particular form of social capital that helps disadvantaged families overcome the problems associated with poverty and ghettoization. Outside these enclaves, Vietnamese children faced a daunting school experience due to language difficulties, racial inequality, deteriorating educational services, and exposure to an often adversarial youth subculture. How have the children of Vietnamese refugees managed to overcome these challenges? Growing Up American offers important evidence that community solidarity, cultural values, and a refugee sensibility have provided them with the resources needed to get ahead in American society. Zhou and Bankston also document the price exacted by the process of adaptation, as the struggle to define a personal identity and to decide what it means to be American sometimes leads children into conflict with their tight-knit communities. Growing Up American is the first comprehensive study of the unique experiences of Vietnamese immigrant children. It sets the agenda for future research on second generation immigrants and their entry into American society.
China and the International Criminal Court (Governing China in the 21st Century)
by Dan ZhuThis book focuses on the evolving relationship between China and the International Criminal Court (ICC). It examines the substantive issues that have restricted China’s engagement with the ICC to date, and provides a comprehensive assessment of whether these Chinese concerns still constitute a significant impediment to China’s accession to the ICC in the years to come. The book places the China-ICC relationship within the wider context of China’s interactions with international judicial bodies, and uses the ICC as an example to reflect China’s engagement with international institutions and global governance in general. It seeks to offer a thought-provoking resource to international law and international relations scholars, legal practitioners, government legal advisers, and policy-makers about the nature, scope, and consequences of the relationship between China and the ICC, as well as its impact on both global governance and order. This book is the first of its kind to explore China’s engagement with the ICC primarily from a legal perspective.
Selected Cases from the Supreme People’s Court of the People’s Republic of China: Volume 4 (Library of Selected Cases from the Chinese Court)
by Feng Zhu Wenyan Ding Hongyu Han Qiujing MaThis book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China”, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
Selected Cases from the Supreme People’s Court of the People’s Republic of China: Volume 3 (Library of Selected Cases from the Chinese Court)
by Feng Zhu Hongyu Han Qiujing MaThis book includes guiding cases of the Supreme People’s Court, cases deliberated at the Adjudication Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Cases at the Adjudication Committee and Typical Cases, which will introduce readers to Chinese legal process, legal methodology and ideology in an intuitive, clear and accurate manner. This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of serving trial practices, serving economic and social development, serving legal education and legal scholarship, serving the rule of law in China, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
Deference to the Administration in Judicial Review: Comparative Perspectives (Ius Comparatum - Global Studies in Comparative Law #39)
by Guobin ZhuThis book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Study on the Issue of Taiwan’s Participation in the International Space
by Jie ZhuThis book points out the legal roots of the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space, and the Treaty of San Francisco and the “Undetermined Status of Taiwan”. Based on an academic standpoint, the book studies the legal theories related to the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space from the Mainland Chinese perspective. It focuses on the different descriptions and regulations of the alignment of Cross-Strait political relations between the Mainland of China and Taiwan and discusses the status, forms, problems, and prospects of the coexistence of the two sides in the international space. Compared with the policy oaths used in current studies, the book systematically discusses the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space with a theoretical interpretation. It uses detailed historical materials, especially valuable policy documents and excerpts of speeches cited of the Mainland of China. This book puts forward a series of important propositions, such as the construction of a mechanism for Taiwan’s orderly participation in the international space and means of existence of the Taiwan region in the international space.
Critique of Hong Kong Nativism: From a Legal Perspective
by Jie Zhu Xiaoshan ZhangThis book focuses on the separatist trend in Hong Kong, which it approaches by drawing on historical studies, political analysis, social studies and legal analysis. It offers a comprehensive and interdisciplinary guide to the topic, addressing the historical evolution of “Hong Kong Nativism,” the theoretical connotations and fallacies of “Hong Kong Independence,” and the legal measures taken to forestall it. Written by mainland scholars who approach the subject matter from a legal perspective, the book offers revealing insights for all students and researchers who are interested in Hong Kong Basic Law and the current political situation in Hong Kong.