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THE LAWS, POLICIES, AND POLITICS OF REGULATING LEAD POLLUTION IN CHINA
ZHU Xiao,Adam MOSER
Front. Law China. 2014, 9 (2): 186-207.
https://doi.org/10.3868/s050-003-014-0012-4
This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China’s Ministry of Environmental Protection (MEP) was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government’s response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China’s governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.
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THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY: IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS?
CHEN Rudan
Front. Law China. 2014, 9 (2): 208-232.
https://doi.org/10.3868/s050-003-014-0013-1
By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system’s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO’s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.
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PROTECTION OF MALE SEXUAL RIGHTS IN THE CRIME OF RAPE
DONG Jingshu,WANG Zhendong
Front. Law China. 2014, 9 (2): 252-275.
https://doi.org/10.3868/s050-003-014-0015-5
Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males (including sexual offence against a male by male and sexual offence against a male by female) are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.
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DATA ANALYSIS OF PROFESSIONALIZATION OF LEGAL WORKERS IN CHINA
ZHU Jingwen
Front. Law China. 2014, 9 (2): 276-293.
https://doi.org/10.3868/s050-003-014-0016-2
Since the reform and opening up, the legal profession in China has changed dramatically. In terms of both quantity and quality, the legal profession has stepped into a new phase. A tendency towards widespread litigation and more professionals: judges, lawyers and law students, can be clearly evidenced. Along with the development of the legal profession, other types of legal workers including business arbitrators, grassroots paralegal service workers (grassroots paralegals), and mediators have experienced great changes. To a certain extent, they have become more marginalized than before. The development of the legal profession is extremely unbalanced. Whether in terms of the number of lawyers or the income generated by lawyers, the inter-provincial gap in China is huge. The development of the legal profession also brings out the issue of judicial corruption. From the number of letters and visits related to lawsuits and the National People’s Congress deputies’ votes on the reports of the Supreme People’s Court and the Supreme People’s Procuratorate, the level of legal corruption can be noted. This problem has become a crucial challenge to the reputation of the legal profession and the judicial creditability of the country. The same amount of attention should be paid to judicial corruption as to the quality of legal services.
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THE OVERVIEW ON THE UK-CHINA CONFERENCE ON PUBLIC LAW
MENG Fanzhuang,CHEN Guofei
Front. Law China. 2014, 9 (2): 294-304.
https://doi.org/10.3868/s050-003-014-0017-9
Renmin University of China hosted the first “UK-China Conference on Public Law” on 2–6 September, 2013. The conference was a collaboration between Renmin University of China, Oxford University, University College of London (UCL), China Association of Constitutional Law, and the United Kingdom Constitutional Law Group. The conference was co-organised by Nick Barber from Oxford University, Jeff King from UCL, Han Dayuan from Renmin University and Li Ruiyi from Nankai University. It was partly sponsored by multinational law firm Clifford Chance. More than 50 Chinese and British academics participated. A range of topics was covered including the position of soft law and conventions in constitutions, constitutional structure, the rule of law, judicial independence, protection of human rights, interaction between welfare states and the rule of law, and the role of the court and the judge in regulating administration. Chinese and UK academics of public law actively participated in discussions. The conference marked an unprecedented communication and exchange on constitutionalism between Chinese and British scholars.
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