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 mod...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.展开更多
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 compreh...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.展开更多
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 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.展开更多
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...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展开更多
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 relate...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.展开更多
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 pr...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-展开更多
The concept of human rights has already become the shared value of the majority of countries in the international community. However, realization of human rights is decided not only by lofty ideals but also pragmatic ...The concept of human rights has already become the shared value of the majority of countries in the international community. However, realization of human rights is decided not only by lofty ideals but also pragmatic values. That is, can human rights be used for solving major issues of society? With regard to the pragmatic value of human rights, the relationship between human rights and defusing public disputes is one of the questions debated by academic researchers and practitioners. Their focus is whether human rights protection helps in defusing public disputes.展开更多
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 o...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.展开更多
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 ofbein...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展开更多
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 ...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.展开更多
BACKGROUND The risks associated with negative doctor-patient relationships have seriously hindered the healthy development of medical and healthcare and aroused wide-spread concern in society.The number of public comm...BACKGROUND The risks associated with negative doctor-patient relationships have seriously hindered the healthy development of medical and healthcare and aroused wide-spread concern in society.The number of public comments on doctor-patient relationship risk events reflects the degree to which the public pays attention to such events.Thirty incidents of doctor-patient disputes were collected from Weibo and TikTok,and 3655 related comments were extracted.The number of comment sentiment words was extracted,and the comment sentiment value was calculated.The Kruskal-Wallis H test was used to compare differences between each variable group at different levels of incidence.Spearman’s correlation analysis was used to examine associations between variables.Regression analysis was used to explore factors influencing scores of comments on incidents.RESULTS The study results showed that public comments on media reports of doctor-patient disputes at all levels are mainly dominated by“good”and“disgust”emotional states.There was a significant difference in the comment scores and the number of partial emotion words between comments on varying levels of severity of doctor-patient disputes.The comment score was positively correlated with the number of emotion words related to positive,good,and happy)and negatively correlated with the number of emotion words related to negative,anger,disgust,fear,and sadness.CONCLUSION The number of emotion words related to negative,anger,disgust,fear,and sadness directly influences comment scores,and the severity of the incident level indirectly influences comment scores.展开更多
This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities in ad...This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities in advance.As a result of the lack of certainty beforehand,the taxpayer experienced a significant tax correction.According to the author’s perspective,this situation could have been prevented by seeking certainty in advance.展开更多
As political factors affect trade activities greatly, this paper considers whether a series of political events have had a negative impact on Sino-Philippine trade relations. Of particular concern is the influence on ...As political factors affect trade activities greatly, this paper considers whether a series of political events have had a negative impact on Sino-Philippine trade relations. Of particular concern is the influence on bilateral relations and the Philippines' domestic economy from political and diplomatic tensions between China and the Philippines caused by territorial disputes in the South China Sea. Political events are divided into two levels, general conflicts and serious conflicts, which are analyzed from the perspectives of both overall level and product level to present their final impact on trade. This research finds that territorial disputes between the two countries deteriorated trade, as the volume of trade usually decreased distinctly after conflicts. The negative impact on trade generated by serious conflicts usually occurred more rapidly and on a larger scale. The effect of trade deterioration caused by political events weakened over time. Furthermore, after serious conflicts, although the volume of trade of certain products decreased temporarily, it rebounded quickly or even increased soon. However, industrial equipment or industrial raw materials trade activities between the two countries were basically independent of the conflicts' impact.展开更多
Developing countries play a critical role in China’s pursuit of a community with a shared future for mankind.To facilitate diplomacy towards developing countries,China must stick to its identity as a developing count...Developing countries play a critical role in China’s pursuit of a community with a shared future for mankind.To facilitate diplomacy towards developing countries,China must stick to its identity as a developing country,uphold justice while pursuing shared interests,and use cultural and people-to-people exchanges well.It must also promote integrated cooperation with Chinese characteristics,take developing countries’varied expectations and demands seriously,and deliver a firm counterblow against the US-fomented dispute.展开更多
After being blacklisted by a seller on WeChat, China's largest multi-purpose messaging and social media app, James, a businessman from Nigeria in China who declined to give his full name, was unable to contact the...After being blacklisted by a seller on WeChat, China's largest multi-purpose messaging and social media app, James, a businessman from Nigeria in China who declined to give his full name, was unable to contact the seller and did not receive the goods he expected.展开更多
A World Trade Organization(WTO)panel report published on October 19 has ruled that the United States violated WTO rules in 13 anti-dumping measures imposed on imports from China.China’s Ministry of Commerce welcomed ...A World Trade Organization(WTO)panel report published on October 19 has ruled that the United States violated WTO rules in 13 anti-dumping measures imposed on imports from China.China’s Ministry of Commerce welcomed the ruling and urged the United States to respect the decision and rectify its trade remedies in order to ensure a fair international trade environment.The complaint,filed by China in December 2013,展开更多
At the Wangjing judicial office in Chaoyang District in Beijing, there i are eight gratitude banners hang-Aing on the wall. On every banner, people can find a name, Wang Xinzhong.
文摘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.
文摘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.
文摘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.
文摘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
文摘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.
文摘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-
文摘The concept of human rights has already become the shared value of the majority of countries in the international community. However, realization of human rights is decided not only by lofty ideals but also pragmatic values. That is, can human rights be used for solving major issues of society? With regard to the pragmatic value of human rights, the relationship between human rights and defusing public disputes is one of the questions debated by academic researchers and practitioners. Their focus is whether human rights protection helps in defusing public disputes.
基金Supported by Youth Foundation for Humanities and Social Science Research from the Ministry of Education(10YJC840078)the Fundamental Research Funds for the Central Universities(SWU1209363&SWU1409319)
文摘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.
文摘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
基金staged research result of "Studies on the Online ADR Mechanism Targeting Trade Disputes along the Belt and Road"[2016KJXX–38]-a program funded by the 2016 Shaanxi Young Tech–talents Foundation"Special Studies on the China(Shaanxi)Pilot Free Trade Zone 2016"[SRZ2016203]-a program launched by the Silk Road Area Cooperation and Development Law Institute"Studies on the Legal Assessment Evaluation and Grading in the Context of the Belt and Road Initiative",a sub–program of "Studies on the Legal Supply Mechanism in the Context of the Belt and Road Initiative"[16ZDA064],a major program of the 2016 National Social Sciences Fund
文摘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.
基金Supported by the National Natural Science Foundation of China,No.72374005Natural Science Foundation for the Higher Education Institutions of Anhui Province of China,No.2023AH050561Cultivation Programme for Young and Middle-aged Excellent Teachers in Anhui Province,No.YQZD2023021.
文摘BACKGROUND The risks associated with negative doctor-patient relationships have seriously hindered the healthy development of medical and healthcare and aroused wide-spread concern in society.The number of public comments on doctor-patient relationship risk events reflects the degree to which the public pays attention to such events.Thirty incidents of doctor-patient disputes were collected from Weibo and TikTok,and 3655 related comments were extracted.The number of comment sentiment words was extracted,and the comment sentiment value was calculated.The Kruskal-Wallis H test was used to compare differences between each variable group at different levels of incidence.Spearman’s correlation analysis was used to examine associations between variables.Regression analysis was used to explore factors influencing scores of comments on incidents.RESULTS The study results showed that public comments on media reports of doctor-patient disputes at all levels are mainly dominated by“good”and“disgust”emotional states.There was a significant difference in the comment scores and the number of partial emotion words between comments on varying levels of severity of doctor-patient disputes.The comment score was positively correlated with the number of emotion words related to positive,good,and happy)and negatively correlated with the number of emotion words related to negative,anger,disgust,fear,and sadness.CONCLUSION The number of emotion words related to negative,anger,disgust,fear,and sadness directly influences comment scores,and the severity of the incident level indirectly influences comment scores.
文摘This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities in advance.As a result of the lack of certainty beforehand,the taxpayer experienced a significant tax correction.According to the author’s perspective,this situation could have been prevented by seeking certainty in advance.
文摘As political factors affect trade activities greatly, this paper considers whether a series of political events have had a negative impact on Sino-Philippine trade relations. Of particular concern is the influence on bilateral relations and the Philippines' domestic economy from political and diplomatic tensions between China and the Philippines caused by territorial disputes in the South China Sea. Political events are divided into two levels, general conflicts and serious conflicts, which are analyzed from the perspectives of both overall level and product level to present their final impact on trade. This research finds that territorial disputes between the two countries deteriorated trade, as the volume of trade usually decreased distinctly after conflicts. The negative impact on trade generated by serious conflicts usually occurred more rapidly and on a larger scale. The effect of trade deterioration caused by political events weakened over time. Furthermore, after serious conflicts, although the volume of trade of certain products decreased temporarily, it rebounded quickly or even increased soon. However, industrial equipment or industrial raw materials trade activities between the two countries were basically independent of the conflicts' impact.
文摘Developing countries play a critical role in China’s pursuit of a community with a shared future for mankind.To facilitate diplomacy towards developing countries,China must stick to its identity as a developing country,uphold justice while pursuing shared interests,and use cultural and people-to-people exchanges well.It must also promote integrated cooperation with Chinese characteristics,take developing countries’varied expectations and demands seriously,and deliver a firm counterblow against the US-fomented dispute.
文摘After being blacklisted by a seller on WeChat, China's largest multi-purpose messaging and social media app, James, a businessman from Nigeria in China who declined to give his full name, was unable to contact the seller and did not receive the goods he expected.
文摘A World Trade Organization(WTO)panel report published on October 19 has ruled that the United States violated WTO rules in 13 anti-dumping measures imposed on imports from China.China’s Ministry of Commerce welcomed the ruling and urged the United States to respect the decision and rectify its trade remedies in order to ensure a fair international trade environment.The complaint,filed by China in December 2013,
文摘At the Wangjing judicial office in Chaoyang District in Beijing, there i are eight gratitude banners hang-Aing on the wall. On every banner, people can find a name, Wang Xinzhong.