An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

Exploring Paths for Substantive Settlement of Administrative Disputes:An Empirical Analysis Based on Practice in Weiyuan County,Sichuan Province

As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.

Influence and Suggestions on Trial Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes

Objective To study the core contents of the“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”in China,and to clarify the concerns for enterprises in future work.Methods A comprehensive review of the literature was used to find out the key regulations for detailed decomposition and analysis.Results and Conclusion By analyzing the key clauses of China’s“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”,some practical countermeasures and suggestions are put forward for related research and development(R&D)innovation and drug declaration of enterprises.

Study on Multi-Label Classification of Medical Dispute Documents

The Internet of Medical Things(IoMT)will come to be of great importance in the mediation of medical disputes,as it is emerging as the core of intelligent medical treatment.First,IoMT can track the entire medical treatment process in order to provide detailed trace data in medical dispute resolution.Second,IoMT can infiltrate the ongoing treatment and provide timely intelligent decision support to medical staff.This information includes recommendation of similar historical cases,guidance for medical treatment,alerting of hired dispute profiteers etc.The multi-label classification of medical dispute documents(MDDs)plays an important role as a front-end process for intelligent decision support,especially in the recommendation of similar historical cases.However,MDDs usually appear as long texts containing a large amount of redundant information,and there is a serious distribution imbalance in the dataset,which directly leads to weaker classification performance.Accordingly,in this paper,a multi-label classification method based on key sentence extraction is proposed for MDDs.The method is divided into two parts.First,the attention-based hierarchical bi-directional long short-term memory(BiLSTM)model is used to extract key sentences from documents;second,random comprehensive sampling Bagging(RCS-Bagging),which is an ensemble multi-label classification model,is employed to classify MDDs based on key sentence sets.The use of this approach greatly improves the classification performance.Experiments show that the performance of the two models proposed in this paper is remarkably better than that of the baseline methods.

China’s alfalfa market and imports: Development, trends, and potential impacts of the U.S.-China trade dispute and retaliations

This study examines the development and trends of China’s alfalfa market and imports, identifies key factors for the rapid increase in China’s alfalfa imports, and discusses potential impacts of the U.S.-China trade dispute and retaliations on the alfalfa markets and trade in both nations. China’s rapid transition toward larger-scale commercial dairy production, with enhanced feed and cost management as well as quality and safety control, and its limited resources for high-quality alfalfa production are key factors for the dramatic increase in its alfalfa imports, from 19 601 metric tons in 2008 to 1.38 million metric tons(mmt) in 2018. While the United States dominated China’s alfalfa imports with an average share of 97.01% from 2007 to 2017, the share dropped to 83.76% in 2018 and 63.28% in January 2019 due to the trade dispute and retaliations started in 2018. China will likely remain a large importer of alfalfa because of both its growing demand and the comparative advantages of imported alfalfa in quality and price, but the imports from the United States will be highly affected by the ongoing trade dispute and negotiations. China is also expected to make more efforts to reduce its dependence on U.S. alfalfa through increased investment in domestic alfalfa production and identification of alternative sources of alfalfa and other hay imports.

Analysis on Causes of Rural Land Expropriation Disputes Based on Smith's Model

Frequent occurrence of land expropriation disputes in rural areas of China has attracted attention of scholars to study causes. Most existing studies discuss causes from " structure- institution" level. In other words,land expropriation disputes are caused by existing imperfect institutions,regulations,and policies. Such analysis model points institutional causes,but pays little attention to policy implementation process,especially the subjective initiative of parties concerned. This paper described a decade-long land expropriation dispute case in detail.Through description of event and process and survey of reasons of actors,it revealed factors resulting in occurrence and upgrade of dispute,and analyzed factors and their interactions with the aid of Smith Process Model.

Institute of International Disputes Prevention and Settlement Unveiled

The Institute of International Disputes Prevention and Settlement(IIDPS)was unveiled in Beijing on May 24.Co-hosted by the CCPIT and Beijing Institute of Technology.A relevant thematic reporting meeting was also held.The two sides signed an agreement on jointly constructing the IIDPS,unveiled the plaque of the IIDPS,and issued certificates of appointment to Chinese experts from the IIDPS Expert Advisory Committee.

Reconciliation of Overseas Economic and Trade Disputes in China

In case a dispute arises during economicand trade activities or invested enterprisesin China,reconciliation is one way toresolve problems,in addition to arbitrationand law suit. Reconciliation has the advantage ofbeing easy,time-,energy- and money-conserving and harmony preserving,andreconciliation through mutual understandingand mutual compromise can be reached onthe basis of respecting the opinions of

Restraint ’necessary’ in telecom dispute

Beijing urged Brussels to show restraint amid reports that the Euro- pean Union is poised to probe Chinese telecom companies in Europe,

Wahaha vs. Danone Dispute Leads to Reflections on China's FDI Policies——A Special Interview with ZONG Qinghou and Emmanuel Faber

Background: In 1996, Wahaha, Danone and BNP (Hong Kong) jointly invested in and incorporated 5 companies to manufacture Wahaha brand products, including purified water and eight-treasure porridge. Wahaha holds 49% equity interests in these companies, while Danone later became the dominant shareholder with a 51% stake after acquiring shares held by BNP in the aftermath of the Asian financial crisis. Danone then proposed to transfer the Wahaha brand to a joint venture but did not succeed. Subsequently, a trademark usage contract was signed by both parties instead. In the ensuing years, the Wahaha Group established non-JV companies in west China, central China and the Three Gorges reservoir area. These companies had RMB 5.6 billion of total assets as of December 31st, 2006 and made a net income of RMB 1.04 billion in that year. On April 3rd, 2007, Danone intended to force a deal by which it could acquire 51% equity interests in those non-JV companies for a sum of RMB 4 billion. Wahaha Chairman Zong Qinghou later complained that he and Wahaha fell into a trap set up by Danone. Both parties have since engaged in a lengthy "war of words", thereby arousing a grand debate on China's FDI policies.

How Can Commodity Quality Be Ensured and Relevant Disputes Be Settled?

China,the big factory offering various commodities to companies and individuals all over the world,is attracting more and more merchants purchasing goods in various ways,through agents,on site,via modern communication,etc.One essential concern of these merchants is the quality of these commodities.How can the commodity quality be ensured?If there are

Dispute over Water Resource Management—Iraq and Turkey

As a downstream region, Iraq was ranked among the richest Middle Eastern countries with regards to water resources. The world witnessed the emergence of a magnificent ancient civilization that largely relied on agriculture with extraordinary irrigation systems. However, during the last decade, Iraq began to suffer dramatically from inadequate water shares, desertification, and several other environmental issues due to the absence of proper resource management and, not least, various political conflicts. Numerous global water wars, particularly ones involving developing countries, reflect the importance of water shares and potential demand for water. Iraq, Turkey, and Syria, riparian watercourse countries, have engaged in a long-term water dispute that continues to yield no end through mutual agreement. This present work highlights the major events of this dispute, evaluates the causes and current water challenges, and provides a comprehensive solution through the establishment of the Iraqi Water Security Council.

A Study on the Building of an Online Arbitration Mechanism for Settling Trade Disputes Along the Belt and Road

As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms.

A Securitization-Perspective Analysis of Water Disputes in the Jordan River Basin

Severe water shortage and uneven water distribution plague countries in the Middle East, especially the Jordan River Basin. As a strategic resource with competitive political nature, water resources are closely related to national security, and become the core resource arena that countries along the river basin compete for. This study argues that under the combined effect of the natural factors of water shortage, the geographical factors of uneven distribution of rivers across boundaries, and the subjective factors of water politics (the unfair setting of rules for water allocation), water disputes in the Middle East have become obstacles to regional peace, and the serious uneven distribution of water is the root cause of regional water disputes. Neither the historical water conflicts nor the existing water cooperation framework has solved the problem of balanced water distribution, which makes the people in basin countries directly face the crisis of survival rights and national security, and lays the fuse for the outbreak of regional water disputes and even future water wars. This study proposes the concept and analytical framework of “water securitization” based on securitization theory, and applies it to the Jordan River Basin, to analyze the reasons for the uneven distribution of water resources in the Middle East. The power-dominant state with asymmetric power in the river basin obtains the status of water hegemony by securitizing water, realizing the self-interested distribution of water resources, whichleads to the uneven distribution of water resources, and ultimately leads to the outbreak of conflicts and disputes. Specifically, it mainly adopts three mechanisms of discursive securitization, operational securitization, and institutional securitization. Looking to the future, it is difficult to successfully resolve water disputes in the Middle East in the short term, and a “de-securitization” approach is particularly important in resolving water disputes and easing regional security tension. Only by adopting a multi-field joint strategy can it provide the possibility to effectively resolve water disputes in the Jordan River Basin.

Trade Dispute Going on in May

While the world eagerly awaits a resolution to the ongoing trade dispute between China and the United States, the increased tariffs in May were a result of a breakdown in negotiations that further mitigated the chance that an agreement can be reached soon. While further meetings are taking place between top officials from both nations, it is expected that the dispute will affect the global economy for the remainder of 2019.

Marked Effect in Handling Patent Disputes by China's Patent Administrative Organs

In handling patent disputes, China observes an operational method of mutual cooperation and coordination through two channels: judicial adjudication and administrative settlement. Over the past decade, practice has proved that the specific way of handling patent disputes by patent administrative organs has played an important role in the prompt resolu tion of patent disputes, protecting the legitimate rights and interests of patent-